Software End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
Discover Browser Media (“Discover Browser Media”) strives to provide exceptional software products that help to make your web browsing and Internet experience more enjoyable. By installing and using this Haiku software (the “Software”), you hereby agreed to the following terms and conditions.
Subject to the terms and conditions of this Agreement, Discover Browser Media grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use the Software in accordance with this Agreement and any other written agreement that you may have with Discover Browser Media. These terms will also govern any software upgrades and updates provided by Haiku that replace and/or supplement the original product, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that license SOFTWARE END USER LICENCE AGREEMENT (THE “AGREEMENT”) will govern. You are being granted a right and license to use the Software. Discover Browser Media does not transfer title of the Software to you. This Agreement is a legally binding agreement between Discover Browser Media and the user(s) of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and remove the Software and any associated documentation from your computer.
Third Party Software
The Software may include third party software components and technologies. Such third party software may incorporate certain open source software and code, which is being licensed to you and is subject to the licensing terms and conditions of each applicable third party provider. You are permitted to use and may be permitted to distribute, free of charge, certain source code of the Software functionality under the applicable public licenses. The applicable open source licenses may permit you to copy, run, modify, and/or redistribute the open-source components, subject to certain restrictions, described in the terms of each applicable licence. You are responsible for reviewing and complying with each applicable licence. The terms and conditions of this Agreement are not intended to limit your rights under the applicable third party open source licenses, nor grant you any rights that supersede the terms and conditions of any particular third party open-source licenses. You acknowledge and agree that in the event of any conflict or discrepancy between the terms and conditions set out in this Agreement and the applicable third party open-source license, the terms of the third party open-source license shall govern and prevail.
Unless otherwise authorized herein or by a written agreement between you and Discover Browser Media, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole
or in part. For information about redistribution of this Software, please contact Discover Browser Media
3. USER AGREEMENT
3.1 Use Restrictions - You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of Discover Browser Media. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. You shall not allow others to use or make copies of this licensed Software. Others may obtain a copy of the Software from: http://www.get-haiku.com.
3.2 Copyright Restriction – You acknowledge and agree that any and all intellectual property rights to or arising from the Software are and shall remain the exclusive property of Discover Browser Media and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of Discover Browser Media. You acknowledge and agree that any unauthorized use of the intellectual property rights of Discover Browser Media is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, either directly or indirectly, modify, reverse engineer, disassemble or decompile this Software. Furthermore, you are not permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Discover Browser Media.
3.3 Limitation of Liability & Indemnification – You will indemnify, hold harmless, and defend Discover Browser Media, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software. In no event (including, without limitation, in the event of negligence) will Discover Browser Media, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence, even if advised of the possibility of such damages. IN NO EVENT SHALL DISCOVER BROWSER MEDIA BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY GOVERNMENTAL ACTION, FIRE, FLOOD, INSURRECTION, EARTHQUAKE, POWER FAILURE, RIOT, EXPLOSION, EMBARGO, STRIKES WHETHER ELGAL OR ILLEGAL, LABOR OR MATERIAL SHORTAGE, TRANSPOARTATION INTERRUPTION OF ANY KIND, WORK SLOWDOWN, OR ANY ACTION BEYOND ITS REASONABLE CONTROL.
3.4 Disclaimer and Warranties – The Software is being provided to you on an “AS IS” and “AS AVAILABLE” basis. Except as expressly stated in writing by an authorized employee of Discover Browser Media, Discover Browser Media makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. DISCOVER BROWSER MEDIA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES DISCOVER BROWSER MEDIA WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, TO OR FROM ANY NETWORK OR ANY QUALITY OF ANY COMMUNICATION MADE USING THE SOFTWARE.
3.5 Governing Law –This Agreement, and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal therefrom with respect to all disputes arising out of or in connection with this Agreement or in respect of any legal relationship associated with or derived from this Agreement and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts and any claims on the grounds of forum non conveniens. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.6 Term and Termination – This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either Discover Browser Media or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. You may terminate this Agreement with immediate effect at any time, with or without cause. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you or any indemnification obligations by you shall survive the termination of this license.
3.7 No Waiver - No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by Discover Browser Media. The failure of Discover Browser Media to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Discover Browser Media to enforce each and every such provision thereafter.
4. CONSENT TO USE OF DATA
You agree that Discover Browser Media may collect and use information transmitted by you through the Software and/or gathered in any manner as part of the services provided to you, if any. Discover Browser Media will not collect any personally identifiable information from your computer location or workstation during this process. Discover Browser Media may also use any information collected to improve and enhance the Software and to provide notices to you which may be of use or interest to you. The Software contains components that enable and facilitate the use of certain technologies and Internet-based services. You acknowledge and agree that Discover Browser Media may automatically check the version of the Software that has been installed on your computer system that you are utilizing and may provide updates, upgrades, or fixes to the Software. The Software may automatically download and install updates, upgrades, or fixes to the Software from Discover Browser Media. These updates, upgrades, or fixes are designed to improve, enhance, and further develop your use of the Software. You agree to receive such updates, upgrades, or fixes (and permit Discover Browser Media to deliver these to you) as part of your use of the Software.
Some components of the Software may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored by or through the Software, queries made through the Software or other information. The manner, mode and extent of advertising by Discover Browser Media through the Software are subject to change without prior notice to you. In consideration for Discover Browser Media granting you access to and use of the Software and associated services, you agree that Discover Browser Media may place such advertising on the Software.
6. THIRD PARTY CONTENT AND LINKS
The Software may include hyperlinks to other third party web sites, content, or resources. Discover Browser Media may have no control over any web sites, content, or resources which are being provided through the Software by third parties other than Discover Browser Media. When using the Software, you acknowledge and agree that Discover Browser Media is not responsible for the availability of any such third party external sites, content, or resources, and Discover Browser Media does not endorse any advertising, products, services, or other materials on or available from such web sites, content, or resources. You further acknowledge and agree that Discover Browser Media shall not be liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content, or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
7. CHANGES TO TERMS
Discover Browser Media may make changes to these terms and conditions from time to time at its sole discretion. When these changes are made, Discover Browser Media will make any new terms and conditions available to you from within, or through, the Software or by other communication methods. You understand and agree that if you continue to use the Software after the date on which the Software terms and conditions have changed, such continued use of the Software shall be deemed as your acknowledgement and acceptance of the updated terms and conditions.