THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND GlobalNet Limited ("IE7Pro"). THE EXECUTABLE VERSIONS OF THE IE7Pro ADDON IS REFERRED TO HEREIN AS THE "ADDON." THIS IE7Pro END USER LICENSE AGREEMENT (THE "AGREEMENT") GOVERNS USE OF THE ADDON AND ANY RELATED WEB SERVICES PROVIDED BY IE7Pro OR ITS AFFILIATES IN CONNECTION WITH THE ADDON. BY CLICKING "I AGREE," OR BY DOWNLOADING, INSTALLING OR USING THE ADDON, YOU AGREE TO THE TERMS OF THIS AGREEMENT, YOU AGREE TO RECEIVE NOTICES FROM IE7Pro 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 IE7Pro OFFERS THE ADDON 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 ADDON. IF A IE7Pro 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. IE7Pro grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to use the Addon 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 IE7Pro hard-copy documentation, support, telephone assistance, or enhancements or updates to the Addon.
2. RESTRICTIONS. You may not: (i) modify or create any derivative works of the Addon 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 Addon, the underlying ideas or algorithms of the Addon; (iii) use the Addon 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 partys rights, including copyright, privacy or publicity rights, or other intellectual property right; (iv) use the Addon to develop software or services that access the address space of the Addon or that intercept the proxy; (v) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Addon; (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Addon; (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 Addon; (viii) provide false information when registering the Addon; (ix) use the Addon 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 Addon has the ability to gather certain information concerning your computer system but it will only send this information to IE7Pro if you chose to send it. If you choose to provide feedback to us, this data will be sent to the IE7Pro Addon team who will use the information for such purposes as diagnosing performance issues with the Addon, improving the reliability of the download and install process, and improving its products and services to users generally. This feedback information from the Addon 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 Addon locally on your hard drive for your convenience. The Addon does not provide IE7Pro 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 IE7Pro will use to personalize content presented to you through the Addon. For example, you may be asked for your zip code, which could be used by the Addon to provide you with relevant local weather and/or news reports. The information gathered by the Addon 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. IE7Pro may deliver to your computer or other device upon which the Addon 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 Addon 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) ADDON CONTENT. Included in the Addon chrome is an area in which IE7Pro 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. IE7Pro 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 Addon chrome is subject to the terms of use presented on such website or service.
(b) INTERNET CONTENT. The Addon allows you to view content available on websites on the Internet. Except as explained above, IE7Pro is not affiliated with the many websites and web services that you may choose to visit and/or use. IE7Pro is not obligated to pre-screen content available online or from any link that you may take from the Addon, although IE7Pro reserves the right to do so in its sole discretion. IE7Pro is not liable for content that is provided by others. IE7Pro 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 IE7Pro 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 Addon 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 Addon.
7. YOUR RESPONSIBILITY. You are responsible for all activity made by anyone who uses your copy of the Addon. You agree to keep your password confidential. You may use the Addon for lawful purposes only. You agree to indemnify and hold harmless IE7Pro for losses incurred by IE7Pro or another party due to someone else using your copy of the Addon or if you fail to use reasonable care while using the Addon.
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 ADDON. IE7Pro may, at any time, change, modify, add to or discontinue or retire any aspect or feature of the Addon. IE7Pro 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 Addon, 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 Addon. 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 IE7Pro 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 Addon. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third parties. IE7Pro makes no representations or warranties with respect to such third party applications. You agree that IE7Pro is under no obligation to provide you with any error corrections, updates, upgrades, fixes and/or enhancements to make the Addon accessible through or compatible with these third party applications.
12. FEES. There is no license fee for the Addon. If the Addon is made available on media, and if you wish to receive the Addon 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 Addon 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 (CAs) over which IE7Pro 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. IE7Pro has preloaded digital certificates of certain CAs into the Addon 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 IE7Pro HAS PRELOADED INTO THE PRODUCT. IE7Pro 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. IE7Pro and/or its licensors and other suppliers retain all title, ownership, and intellectual property rights in the Addon. The Addon is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Addon, 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. IE7Pro, or its licensors and other suppliers, own all trademarks used in connection with the Addon, and no license to use any such trademarks is provided hereunder. IE7Pro welcomes your feedback regarding our products. You agree that IE7Pro may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Addon.
15. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Addon only for lawful purposes and in accordance with this Agreement, and that you will not use the Addon in violation of any law, regulation or ordinance or any right of IE7Pro or its licensors or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark. You agree to indemnify IE7Pro, 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 IE7Pro irreparable damage for which recovery of money damages would be inadequate and that IE7Pro, 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 ADDON IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. IE7Pro AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE ADDON IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE ADDON WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE ADDON WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE ADDON 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, IE7Pro AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ADDON IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE ADDON HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE ADDON SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IE7Pro OR A IE7Pro AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. IE7Pro AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE ADDON. 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 ADDON IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IE7Pro OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "IE7Pro 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 ADDON, 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 IE7Pro 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 ADDON PRODUCT, AS DETERMINED AT IE7Pro'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 IE7Pro 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 IE7Pro GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE ADDON 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 Addon, any other commodities, software or technology received from IE7Pro, 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 Addon 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, IE7Pro AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE IE7Pro GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE ADDON IN SUCH APPLICATIONS.
21. U.S. GOVERNMENT END-USERS. The Addon 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 Addon with only those rights as set forth herein.
22. ELECTRONIC NOTICES. YOU CONSENT TO IE7Pro PROVIDING YOU ANY INFORMATION AND NOTICES REGARDING THE ADDON ("NOTICES") IN ELECTRONIC FORM. IE7Pro MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED IE7Pro WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A IE7Pro WEBSITE THAT SERVES AS THE DEFAULT HOME PAGE FOR YOUR ADDON, OR OTHER WEBSITE DESIGNATED BY IE7Pro FOR THIS PURPOSE. You may withdraw your consent for electronic notices; however, IE7Pro may then terminate your license.
23. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between you and IE7Pro concerning the subject matter of this Agreement, which may only be modified by IE7Pro. (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 Addon 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 IE7Pro 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. IE7Pro 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 Addon outside Hong Kong, then the provisions of this Section shall apply: (i) Les parties aux prsents confirment leur volont que cette convention de mme que tous les documents y compris tout avis qui s'y rattach, soient redigs 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 Addon, 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 Addon would prohibit the enforceability of this Agreement, or impose any additional burdens on IE7Pro, 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 Addon and you agree to remove it from your computer.
