CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT AND/OR CLICKING ON "ACCEPT" BELOW.
Please read the following terms and conditions before using the software (the "Software") provided by Ultrabrowser.com, Inc. ("Ultrabrowser") for use with the Ultrabrowser product and related services. If you do not agree with these terms, do not install or use the Software.
Welcome to Ultrabrowser's web site (the "Site"), search engine and Software (collectively referred to herein as the "Services"). The terms of this End User License Agreement (the "Agreement") apply exclusively to your access to, and use of, the Services so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Ultrabrowser for other products or services. Ultrabrowser reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions on the Site. Your continued use of the Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.
BY ACCESSING, BROWSING, AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SERVICES.
If you have any question regarding the use of the Services, please refer first to the help section. All other questions or comments about the Services or its contents should be directed to comments@ultrabrowser.com.
Privacy Policy
Ultrabrowser believes strongly in protecting user privacy. Therefore, Ultrabrowser has adopted a Privacy Policy, which may be viewed at www.ultrabrowser.com/privacy. As a user of the Services, you should refer to our Privacy Policy, which sets forth how Ultrabrowser uses and collects information.
License and Access to Services
Ultrabrowser grants you a non-exclusive, nontransferable limited license to make personal use only of the Services. Under such grant you may: (a) use the Services on any single computer; (b) copy the Software without modification for distribution to third parties free of charge; and (c) copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. Such grant does not allow you to, without limitation: (a) resell or make commercial use of the Services or content therein; (b) collect and use any product listings or descriptions; (c) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Services, or make derivative uses of the Services and its contents; (d) copy the Software other than as specified above; (e) rent, lease, grant a security interest in, or otherwise transfer rights to the Software; (f) remove any proprietary notices or labels on the Software; (g) permit other individuals to use the Services except under the terms listed above; (h) permit concurrent use of the Services; or (i) use any data mining, robots, crawlers, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Ultrabrowser or any third party.
You may not use any meta tags or any other "hidden text" utilizing an Ultrabrowser name, trademark, or product name without Ultrabrowser's express written consent.
Any unauthorized use of the Services will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Copyright
All copyrighted and copyrightable materials related to the Services, including, without limitation, the Ultrabrowser logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright ⌐ 1999 Ultrabrowser, Inc. and/or its advertisers and sponsors. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Ultrabrowser or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials relating to the Services for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Ultrabrowser or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright and other proprietary notices contained in the materials.
Trademarks
Ultrabrowser, the Ultrabrowser logo, the Services, and other products, including, without limitation, UltraBrowser, UltraGenie, UltraConsole, "Click, Click àand you're there!" are either trademarks or registered trademarks of Ultrabrowser and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ultrabrowser or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ultrabrowser, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Ultrabrowser. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Linking
You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray Ultrabrowser or any of its Services and products in a false, misleading, derogatory or otherwise defamatory manner.
Ultrabrowser makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible through the use of the Site, the URL address, the search results, the Ultrabrowser software application, by the hyperlinks from the Services, or sites linking to the Site. The linked sites are not under the control of Ultrabrowser and Ultrabrowser is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Ultrabrowser is providing these links to you only as a convenience, and the inclusion of any link does not automatically imply affiliation, endorsement, or adoption by Ultrabrowser of the site or any information contained therein. When leaving the Site and directories, you should be aware that Ultrabrowser's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Ultrabrowser, or postings on the Services, are non-confidential and shall become the sole property of Ultrabrowser. Ultrabrowser shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Ultrabrowser, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Disclaimer
THE SERVICES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ULTRABROWSER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ULTRABROWSER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ULTRABROWSER DOES NOT REPRESENT OR WARRANT THAT ITS SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Ultrabrowser reserves the right to change any and all content contained on the Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ultrabrowser.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ULTRABROWSER OR ITS SUPPLIERS (OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, STOCK HOLDERS, OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, ECONOMIC, PUNITIVE OR SIMILAR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION OR ANY AND ALL OTHER COMMERCIAL OR PECUNIARY DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF SOFTWARE OR DOCUMENTS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES, HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE), EVEN IF ULTRABROWSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in a state or federal court located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
Termination
Notwithstanding any of the terms and conditions in this Agreement, Ultrabrowser reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent future access to and use of the Services.
Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
Ultrabrowser's failure to enforce the strict performance of any provision under this Agreement shall not constitute a waiver of Ultrabrowser's right to subsequently enforce such provision or any other provisions under the Services.
All Rights Reserved
Except as expressly provided herein, nothing in this Agreement or on the Services confers or is to be construed as conferring, whether by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark or other intellectual property rights of Ultrabrowser or any third party. Note that any product, process or technology related to the Services may be the subject of other intellectual property rights reserved by Ultrabrowser, and are not licensed hereunder.
