LIMITED USE SOFTWARE END USER LICENSE AGREEMENT IMPORTANT – PLEASE READ THE LICENSE TERMS AND CONDITIONS CAREFULLY AS CONTINUING BY CLICKING ON THE “I AGREE”, “I ACCEPT”, “CONTINUE” OR SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD FROM THE INTERNET OF THE BROWSER DETECTION AND UPGRADE SOFTWARE (“SOFTWARE” OR “APPLICATION”) AND BY INSTALLING OR OTHERWISE USING THE APPLICATION YOU AGREE TO BE LEGALLY BOUND BY THE INCLUDED LICENSE TERMS AND CONDITIONS INCLUDING THE LIMITATIONS OF LIABILITY PROVISIONS BELOW. NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED FOR USE. IF YOU DO NOT AGREE TO THE LICENSE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE APPLICATION AND SHALL DESTROY THE APPLICATION AND ALL COPIES IN ANY FORM.
- This is an agreement between fTLD Registry Services, LLC (“fTLD” or “Licensor”) and Licensee or You (“Licensee” or “You”) to use the Application. Licensee acknowledges that this is a limited, non-transferable, non-exclusive license and Licensor is and remains the owner of all titles, rights and interests in the Software. By accessing, downloading from the Internet, uploading from any portable media storage device or installing the Application, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export laws and regulations including those which apply to export of data. If you do not agree to these terms, do not use the Application. The material provided in the Application is protected by law, including, but not limited to, United States Copyright Law and international treaties. Those who choose to use the Application do so on their own initiative and are responsible for compliance with applicable laws. Any claim relating to, and the use of, the Application and the materials contained therein is governed by the laws of the District of Columbia.
- You acknowledge and agree that you are receiving a copy of the Application by license only and not by sale. You acknowledge that the Application, including all code, content, protocols, software, documentation and all other conceivable intellectual property rights related to and in conjunction with the Application are provided to you by fTLD and are fTLD’s property and are protected by U.S. and international copyright, trademark, patent and proprietary rights and international treaty provisions and all applicable law, such as the Lanham Act, relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice fTLD has placed on the Application.
- Licensee may install the Software on one or more computers but will not make copies, modifications, or transfers, in whole or in part, or allow others to make copies, modifications, or transfers, in whole or in part, unless authorized by this Agreement. Licensee may make copies of the Software for backup and/or archival purposes only. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Application. You acknowledge and agree that fTLD has no obligation to make available to you any subsequent or upgrade versions of the Software. It is further understood that the Application is primarily for your personal and noncommercial use.
- fTLD retains all right, title, and interest in and to the Application, and any rights not granted to you herein are reserved by fTLD. You may not reverse engineer, disassemble, decompile, or translate the Application, or otherwise attempt to derive the source code of the Application, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to fTLD and shall be deemed to be the confidential proprietary information of fTLD.
- This license is effective until terminated. You may terminate it at any time by destroying the Application together with all copies in any form. This license will also terminate if you fail to comply with any term or condition of this agreement. You agree that upon such termination you will destroy the Application together with all copies in any form.
- You hereby agree to indemnify, defend and hold fTLD, its affiliates, parents, shareholders, directors, officers, employees, agents, contractors, licensors, and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by fTLD, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents, contractors, licensors, and representatives arising out of or in connection with the performance of its duties as described in this Agreement including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties as a result of your taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold fTLD, its affiliates, parents, shareholders, directors, officers, employees, agents, contractors, licensors, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Application, your violation of the terms and conditions of this Licensing Agreement, or the infringement by you, or other user(s) of the Application using your computer, of any intellectual property or other right of any person or entity.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, fTLD PROVIDES THE APPLICATION TO YOU AS IS AND WITH ALL FAULTS; AND HEREBY DISCLAIMS WITH RESPECT TO THE APPLICATION ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, ACCURACY OR COMPLETENESS OF FACTUAL INFORMATION,RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION, COMPONENTS REMAINS WITH YOU. fTLD IS PROVIDING THE APPLICATION WITHOUT TECHNICAL SUPPORT OR SUPPORT OF ANY KIND TO YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL fTLD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS END USER LICENSE AGREEMENT (EULA), EVEN IF fTLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOT WITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF fTLD UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE REPLACEMENT OF THE APPLICATION. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- If, for any reason, any part of this Agreement is deemed legally improper, inapplicable or inoperative, the remainder of the parts comprising the entirety of the Agreement shall remain legally proper, applicable and operable. This Agreement grants permission only for the allowances described above and does not grant any additional rights for any copyright(s), trademark(s), patent(s), trade secret(s), or other forms of intellectual property/proprietary rights belonging to fTLD.
By continuing the download, installation, and/or use of the Application, Licensee acknowledges that Licensee has read this EULA, understands it, and agrees to be bound by its terms and conditions.