WHEN YOU INSTALL MAXTHON YOU WILL BE GIVEN THE OPPORTUNITY TO INSTALL ADDITIONAL SOFTWARE PRODUCTS FROM THIRD PARTY PROVIDERS. A LIST OF THE AVAILABLE THIRD PARTY SOFTWARE PRODUCTS WILL BE PROVIDED DURING INSTALLATION. USE OF EACH AVAILABLE THIRD PARTY SOFTWARE PRODUCT IS GOVERNED BY ITS OWN END USER LICENSE AGREEMENT. THOSE LICENSE AGREEMENTS WILL BE PRESENTED FOR YOUR REVIEW AND ACCEPTANCE DURING INSTALLATION OF EACH THIRD PARTY SOFTWARE PRODUCT.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND MAXTHON (ASIA) LIMITED ("MAXTHON"). THE EXECUTABLE VERSIONS OF THE MAXTHON BROWSER IS REFERRED TO HEREIN AS THE "BROWSER." THIS MAXTHON END USER LICENSE AGREEMENT (THE "AGREEMENT") GOVERNS USE OF THE BROWSER AND ANY RELATED WEB SERVICES PROVIDED BY MAXTHON OR ITS AFFILIATES IN CONNECTION WITH THE BROWSER. BY CLICKING "I AGREE," OR BY DOWNLOADING, INSTALLING OR USING THE BROWSER, YOU AGREE TO THE TERMS OF THIS AGREEMENT, YOU AGREE TO RECEIVE NOTICES FROM MAXTHON ELECTRONICALLY, YOU AGREE TO THE PRIVACY PRACTICES DISCLOSED IN PARAGRAPH 4 BELOW, AND YOU CONSENT TO JURISDICTION IN HONG KONG FOR ANY DISPUTE. YOU ACKNOWLEDGE THAT MAXTHON OFFERS THE BROWSER WITHOUT WARRANTIES AND THAT YOUR REMEDIES ARE LIMITED. IF YOU DO NOT AGREE TO THIS AGREEMENT CLICK "EXIT" AND DO NOT INSTALL OR USE THE BROWSER. IF A MAXTHON END-USER LICENSE AGREEMENT IS PRESENTED FOR ACCEPTANCE ON THE DOWNLOAD SITE AND IN THE INSTALLER, AND THE TERMS VARY, THE TERMS OF THE AGREEMENT PRESENTED ON THE DOWNLOAD SITE SHALL PREVAIL.
1. LICENSE GRANT. Maxthon grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to use the Browser for personal and internal business purposes, provided any copy must contain all of the original proprietary notices. This license does not entitle you to receive from Maxthon hard-copy documentation, support, telephone assistance, or enhancements or updates to the Browser.
2. RESTRICTIONS. You may not: (i) modify or create any derivative works of the Browser or documentation, including customization, translation or localization (aside from any rights you may have to modify those portions of the source code released under a separate source code license); (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Browser, the underlying ideas or algorithms of the Browser; (iii) use the Browser to reproduce, display, perform, or distribute audio and/or video content in any manner that violates any U.S. or foreign laws or regulations or any third partyí»s rights, including copyright, privacy or publicity rights, or other intellectual property right; (iv) use the Browser to develop software or services that access the address space of the Browser or that intercept the proxy; (v) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Browser; (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Browser; (vii) block, disable, or otherwise effect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Browser; (viii) provide false information when registering the Browser; (ix) use the Browser in any way that violates this Agreement or any law; or (x) authorize or assist any third party to do any of the things described in this paragraph.
3. PRIVACY.
(a) FEEDBACK. The Browser has the ability to gather certain information concerning your computer system but it will only send this information to Maxthon if you chose to send it by clicking on the Report to Author tab under Help. If you choose to provide feedback to us, this data will be sent to the Maxthon Browser team who will use the information for such purposes as diagnosing performance issues with the Browser, improving the reliability of the download and install process, and improving its products and services to users generally. This feedback information from the Browser will only be tied to your email address should you choose to provide it and will not be tied to any other information that would identify you personally. Information regarding websites you have visited or added to your Bookmarks list is stored by the Browser locally on your hard drive for your convenience. The Browser does not provide Maxthon with information about your Internet navigation history.
(b) PERSONALIZATION. During the installation process, or at some time thereafter, you may be asked to provide certain information that Maxthon will use to personalize content presented to you through the Browser. For example, you may be asked for your zip code, which could be used by the Browser to provide you with relevant local weather and/or news reports. The information gathered by the Browser will not be tied to any information that would identify you personally. The websites you visit, including those of advertisers, have their own privacy policies. We encourage you to review the privacy policies of websites before providing them with any of your personal information.
4. AUTOMATED UPDATES. Maxthon may deliver to your computer or other device upon which the Browser is installed automated updates, modifications, and/or patches to address issues such as security, interoperability, and performance (collectively "Updates"). Certain Updates may be subject to additional terms and conditions. By using the Browser you consent to such automated updating. Your use of the Updates shall be governed by this Agreement (as modified from time to time) unless you are asked to agree to a new agreement at the time of download or installation.
5. CONTENT.
(a) BROWSER CONTENT. Included in the Browser chrome is an area in which Maxthon may provide to you content and/or links to websites of our affiliates and partners. Such content is provided to you for your personal, non-commercial use as a convenience to you. Maxthon makes no representations or warranties regarding the accuracy or reliability of the information included in such content. Reproduction and redistribution of such content is strictly prohibited. Use of any websites or services reached through links included in the Browser chrome is subject to the terms of use presented on such website or service.
(b) INTERNET CONTENT. The Browser allows you to view content available on websites on the Internet. Except as explained above, Maxthon is not affiliated with the many websites and web services that you may choose to visit and/or use. Maxthon is not obligated to pre-screen content available online or from any link that you may take from the Browser, although Maxthon reserves the right to do so in its sole discretion. Maxthon is not liable for content that is provided by others. Maxthon reserves the right, although it has no obligation, to block access to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to Maxthon or its users. You acknowledge that third-party sites on the Internet have their own terms and conditions that govern your use of those sites.
6. TERMINATION. If you violate the terms of this Agreement, this Agreement and your right to use the Browser shall terminate immediately and without notice. In the event of any termination of this Agreement or your rights hereunder, all provisions of this Agreement except the License Grant (Paragraph 1) shall survive such termination and you agree to continue to be bound by those terms. Upon termination, you must destroy all copies of the Browser.
7. YOUR RESPONSIBILITY. You are responsible for all activity made by anyone who uses your copy of the Browser. You agree to keep your password confidential. You may use the Browser for lawful purposes only. You agree to indemnify and hold harmless Maxthon for losses incurred by Maxthon or another party due to someone else using your copy of the Browser or if you fail to use reasonable care while using the Browser.
8. COMMUNICATIONS. You are responsible for obtaining and paying for your own Internet access, and for determining whether you will be charged any fees for accessing services such as web browsing and instant messaging using the type of connection and device of your choice.
9. CHANGES TO THE BROWSER. Maxthon may, at any time, change, modify, add to or discontinue or retire any aspect or feature of the Browser. Maxthon has no obligation to provide you with notice of any such changes.
10. ADDITIONAL SERVICES. Features, web pages, or additional services may be made available through the Browser, sometimes for a fee. You agree to be bound by any additional terms and conditions governing the use of such features or services should you decide to utilize them. Such additional terms and conditions will be presented to you at the time you decide to use one of these features or services. The information collection and usage practices of such features and services may differ from the information collection and usage practices related to the Browser. If this is the case, you will be notified prior to your use of any such feature or service of the applicable privacy policy, which will describe the relevant information collection and usage practices. Some features, services, and components may be available for use only by certain categories of users, such as members of fee-based services offered by Maxthon or its affiliates.
11. THIRD PARTY OFFERINGS. Third parties may from time to time offer applications or services to access, "plug-into" or interact with the Browser. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third parties. Maxthon makes no representations or warranties with respect to such third party applications. You agree that Maxthon is under no obligation to provide you with any error corrections, updates, upgrades, fixes and/or enhancements to make the Browser accessible through or compatible with these third party applications.
12. FEES. There is no license fee for the Browser. If the Browser is made available on media, and if you wish to receive the Browser on media, there may be a small charge for the media and for shipping and handling. You are responsible for any and all taxes.
13. DIGITAL CERTIFICATES. The Browser supports certain cryptographic and authentication features, including but not limited to Secure Sockets Layer and S/MIME communications, that may require the installation and/or use of a digital certificate. Digital certificates are issued, validated, and revoked by third-party certification authorities (í░CAsí▒) over which Maxthon have no control. You are solely responsible for familiarizing yourself with the terms and conditions established by a CA for the use of, or reliance upon, its digital certificates, including but not limited to any obligation to validate a digital certificate, maintain the security of a cryptographic key or password, or pay fees for certification services. Maxthon has preloaded digital certificates of certain CAs into the Browser in order to facilitate the recognition of digital certificates that such CAs have issued to persons, organizations, or devices (including software code). YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION TO USE OR RELY UPON A DIGITAL CERTIFICATE, INCLUDING THOSE DIGITAL CERTIFICATES THAT MAXTHON HAS PRELOADED INTO THE PRODUCT. MAXTHON BEARS NO RESPONSIBILITY FOR THE VALIDITY OR ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE SECURITY OR INTEGRITY OF ANY TRANSACTION OR COMMUNICATION AUTHENTICATED BY A DIGITAL CERTIFICATE.
14. PROPRIETARY RIGHTS. Maxthon and/or its licensors and other suppliers retain all title, ownership, and intellectual property rights in the Browser. The Browser is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Browser, including without limitation text, photos, music, and videos, are the property of the applicable content owners and are protected by applicable law. These laws restrict your rights with respect to such content. Some of the content may also include security measures designed to control access and prevent authorized copying and use of copyright materials. You agree not to interfere with any such security components. The license granted under this Agreement gives you no rights in or to such content. Maxthon, or its licensors and other suppliers, own all trademarks used in connection with the Browser, and no license to use any such trademarks is provided hereunder. Maxthon welcomes your feedback regarding our products. You agree that Maxthon may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Browser.
15. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Browser only for lawful purposes and in accordance with this Agreement, and that you will not use the Browser in violation of any law, regulation or ordinance or any right of Maxthon or its licensors or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark. You agree to indemnify Maxthon, its parent, licensors, officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph.
16. INJUNCTIVE RELIEF. You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause Maxthon irreparable damage for which recovery of money damages would be inadequate and that Maxthon, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
17. DISCLAIMER OF WARRANTY. THE BROWSER IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. MAXTHON AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE BROWSER IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE BROWSER WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE BROWSER WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE BROWSER IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, MAXTHON AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BROWSER IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE BROWSER HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE BROWSER SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAXTHON OR A MAXTHON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. MAXTHON AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE BROWSER. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE BROWSER IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAXTHON OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "MAXTHON GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE BROWSER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE MAXTHON GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR BROWSER PRODUCT, AS DETERMINED AT MAXTHON'S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF MAXTHON TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE MAXTHON GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE BROWSER AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
19. IMPORT/EXPORT CONTROL. You agree to fully comply with all export and import laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and not to directly or indirectly export, re-export, transfer, or release the Browser, any other commodities, software or technology received from Maxthon, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
20. HIGH RISK ACTIVITIES. The Browser is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, MAXTHON AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE MAXTHON GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE BROWSER IN SUCH APPLICATIONS.
21. U.S. GOVERNMENT END-USERS. The Browser is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Browser with only those rights as set forth herein.
22. ELECTRONIC NOTICES. YOU CONSENT TO MAXTHON PROVIDING YOU ANY INFORMATION AND NOTICES REGARDING THE BROWSER ("NOTICES") IN ELECTRONIC FORM. MAXTHON MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED MAXTHON WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A MAXTHON WEBSITE THAT SERVES AS THE DEFAULT HOME PAGE FOR YOUR BROWSER, OR OTHER WEBSITE DESIGNATED BY MAXTHON FOR THIS PURPOSE. You may withdraw your consent for electronic notices; however, Maxthon may then terminate your license.
23. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between you and Maxthon concerning the subject matter of this Agreement, which may only be modified by Maxthon. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of Hong Kong., excluding its conflict of law provisions. (c) You agree that jurisdiction for any claim or dispute arising from the use of the Browser resides exclusively in the courts of Hong Kong and you consent to the personal jurisdiction thereof. The foregoing provision may not apply to you depending on the laws in your jurisdiction. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or Maxthon may at its option instead terminate this Agreement. (f) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Maxthon may assign this Agreement to any entity at its sole discretion. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (j) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
24. USER OUTSIDE HONG KONG. If you are using the Browser outside Hong Kong, then the provisions of this Section shall apply: (i) Les parties aux pr¿ªsent¿ªs confirment leur volont¿ª que cette convention de m¿║me que tous les documents y compris tout avis qui s'y rattach¿ª, soient redig¿ªs en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Browser, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the Browser would prohibit the enforceability of this Agreement, or impose any additional burdens on Maxthon, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Browser and you agree to remove it from your computer.
REGISTRATION
Maxthon is a donate-ware product. It may be used free of charge. We ask that donations be made from our website if you can afford to do so. Visit [http://www.maxthon.com] for more information.
By using this software, you are agreeing to the terms of this license.
