PLEASE READ THIS AGREEMENT CAREFULLY AS IT IS IMPORTANT. IF YOU DECIDE TO USE THE SEARCH SOFTWARE, THIS AGREEMENT WILL GOVERN YOUR USE OF THE SOFTWARE AND ITS FEATURES. This End User License Agreement and Privacy Policy (“Agreement”) forms a binding contract between you and Prommatic Ltd. for the use of the Extension/add-on, Content and Services as defined below. By installing and using the Extension/add-on, you agree to be bound by this Agreement.
Features:Upon downloading the Search Software, you will be granted access to the following software features:
1.1 Extension/add-on PlatformThe Extension/add-on serves as a desktop applications platform that empowers publishers to develop, maintain, and publish their software (Third Party Software). Third Party Software includes software applications, content, links, and materials made available to you by the publisher through the Extension/add-on and the Search Software ("Content"). The Third Party Software may be customized by the publisher and may contain their branding or other content owned or licensed to the publisher.
1.2 Your use of any Third Party Software and/or Content is governed by the terms and conditions provided by such Third Party with respect to such Third Party Software or Content. This End-User License Agreement and Privacy Policy does not apply to your use of any Third Party Software or Content, and no right or license to any Third Party Software or Content is granted to you.
1.3 Your use of the Third Party Software and Content is at your discretion and risk. You assume responsibility for any data charges that you may incur for using the Extension/add-on and/or Search Software and/or accessing any Third Party Software or Content. Your ability to access or link to Third Party Software, Content, or third party services does not imply any endorsement by Prommatic Ltd. of Third Party Software, Content, or any such third party services.
1.4 Prommatic Ltd. is not liable for any harm, injuries or losses that you may incur as a result of your access to, reliance on, or use of Third Party Software or Content via the Extension/add-on and/or Search Software. Prommatic Ltd. is not responsible for testing or checking Third Party Software or Content, and makes no warranty regarding the appropriateness, completeness, stability or legality of any Third Party Software or Content. You hereby waive any legal or equitable rights you have or may have against Prommatic Ltd. with respect thereto.
1.5 As part of the Search Software installation process, the publisher may offer changes to your Internet Browser settings, subject to your approval. These changes may be reconfigured by you at any time from the options dialog available on your Internet Browser. Such changes may include setting your Internet Browser's homepage, default search engine, and new tab page.
1.6 Void.
1.7 Uninstallation
For instructions on how to uninstall the Extension/add-on and Search Software, please refer to the provided guidelines.
1.8 Third-Party Code; Notice and AttributionThe Extension/add-on incorporates third-party software that is subject to open source license terms, including but not limited to the following applications: Compression Algorithm, PCRE, Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. The rights to such code are reserved by their licensors, and ownership is attributed as follows:1.8.1 NSIS Toolkit and Plug-ins as defined at: Building NSIS (sourceforge.io). Any reference to copyright ownership is for attribution purposes only and should not be construed as an endorsement by the owners of the Extension/add-on. By using the Extension/add-on, you acknowledge and agree that your right to use these publicly available components is governed by the terms applicable to each application (Other Software Terms). In case of any conflict between this Agreement and the Other Software Terms, the Other Software Terms shall control your use of the relevant application. The Extension/add-on shall not be considered as open source or publicly available software. BY CLICKING ON THE “I ACCEPT” OR A SIMILAR BUTTON OR LINK THAT INITIATES THE DOWNLOAD OF THE ACCOMPANYING SOFTWARE PRODUCT AND SERVICES (WHICH INCLUDES THE SEARCH SOFTWARE AND ITS ASSOCIATED FEATURES) OR BY INSTALLING OR USING THE SEARCH SOFTWARE, THE END USER (“YOU”) AGREES TO BE LEGALLY BOUND BY THIS EXTENSION/ADD-ON COMBINED END USER LICENSE AGREEMENT/TERMS OF SERVICE/AND PRIVACY POLICY (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE EXTENSION/ADD-ON. THE SEARCH SOFTWARE (EXCEPT FOR THE EXTENSION/ADD-ON FOR FIREFOX) CAN BE UNINSTALLED FROM THE “ADD OR REMOVE PROGRAMS” DIALOG BOX IN THE WINDOWS CONTROL PANEL.
2. License GrantThe Search Software is licensed to you by Prommatic Ltd. on an “AS IS” basis, for your private personal and non-commercial use only. Subject to the terms of this Agreement, Prommatic Ltd. and its current and future parent and subsidiary companies (collectively “Licensor”, “we”, “us”, or “our”) hereby grant you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the Extension/add-on, and/or the Search Software, including any online or enclosed documentation, data distributed to your computer for processing, and any future programming fixes, updates and upgrades provided to you (collectively, the “Search Software”) onto a computer for your sole use to install, interact with and utilize the Extension/add-on and Search Software, including the services thereto (“Services”). The Search Software may only be used in connection with the Services.
3. License Conditions(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Extension/add-on, Search Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Extension/add-on, Search Software, or the Services; (iii) sell, assign, rent, lease, publish, display, disclose, transmit, act as a service bureau, or grant rights in the Extension/add-on, Search Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Prommatic Ltd.; (iv) export or re-export the Extension/add-on, Search Software in violation of export laws;
In addition, using the Extension, Search Software, or Services to create, send, post, store, or distribute information (including computer files) that: (A) infringes on the intellectual property, contractual, or other proprietary rights or the right to publicity of a third party; (B) is defamatory, harmful, abusive, violent, hateful, or obscene, or promotes violence; (C) interferes with another person's use of the Extension, Search Software, or Services; (D) engages in unsolicited commercial activities that violate applicable law; (E) constitutes harassment, privacy violations, or threats to individuals or groups of people; (F) contains viruses, worms, Trojan horses, or other destructive components; or (G) impersonates someone else, steals an identity, or assumes someone else's identity (whether real, online nickname, or alias) is not allowed.
The Extension, Search Software, and Services contain content, technology, software, and services that are owned and controlled by third parties. Using such content, technology, software, and/or services is subject to the terms and conditions and privacy policies of the relevant third-party license agreements. Without the prior written consent of the third-party content, technology, software, and/or services owner, such third-party content, technology, software, and/or services may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose. You assume all risks and use the third-party content, technology, software, and/or services at your own discretion, and you agree to rely solely on the relevant third-party to enforce any of your rights, rather than Prommatic Ltd. Prommatic Ltd. is not obligated to maintain or support the Extension, Search Software, or Services, provide specific content through them, or provide you with updates, upgrades, or related services. You acknowledge that Prommatic Ltd., in its sole discretion, may modify or permanently or temporarily discontinue or suspend your right to access any of its services or use the Extension, Search Software, or Services at any time without notice. Prommatic Ltd. also reserves the right to suspend or terminate any license under this Agreement and to disable any Extension, Search Software, or Services you have accessed or installed without notice. Prommatic Ltd. reserves the right to add more features or functions to the Extension and/or Search Software. The Search Software periodically communicates with Prommatic Ltd.'s servers when installed on your computer. We may automatically update or upgrade the version of the Extension and/or Search Software that you are using. You consent to such automatic updating or upgrading, and the terms and conditions of this End-User License Agreement and Privacy Policy will apply to all such updates or upgrades. All improvements or enhancements to the Search Software and Services are the exclusive property of PrommaticLtd. Currently, there is no charge for installing or using the Extension, Search Software, or Services, but Prommatic Ltd. may begin to charge for these services or part thereof at any time.
4. Permission to UtilizeTo receive the benefits of the Search Software, you grant permission for it to use your computer's processor and bandwidth only to provide you with Services.
5. RisksPrommatic Ltd. takes reasonable steps to ensure the Extension, Search Software, and Services are secure. However, like all other internet software providers, the Search Software and Service, as well as Prommatic Ltd.'s sites, may still be vulnerable to various security issues and should not be considered secure. If you do not want to be exposed to these risks, do not use the Extension, Search Software, or Services.
6. Ownership and Protection of Proprietary RightsThe Extension/add-on, Search Software and Services contain confidential and proprietary information belonging to Prommatic Ltd., including trade secrets, copyrights, and trademarks. These are protected by international copyright laws. The Extension/add-on, Search Software, and Services, including all intellectual property rights, are and shall remain the exclusive property of Prommatic Ltd. and its suppliers, and except for the limited license granted to you, Prommatic Ltd. reserves all rights. You agree not to jeopardize, limit, or interfere with Prommatic Ltd.'s ownership and rights. Any unauthorized copying or use of the Extension/add-on, Search Software, or Services is strictly prohibited and a violation of this Agreement and copyright laws.
7. Term, Termination, and Amendment(a) This Agreement is effective from the date you accept it and will remain effective until terminated as set forth below.
(b) You may terminate this Agreement at any time by ceasing all use of the Extension/add-on, Search Software, and Services, and destroying or removing all copies from your devices. Prommatic Ltd. may terminate this Agreement at any time, with or without cause, by providing notice (except for termination for cause) and/or preventing your access to the Extension/add-on, Search Software, and/or Services.Prommatic Ltd. is not liable for any termination of your access to or use of the Extension/add-on, Search Software, and Services.
(c) Upon termination, all licenses and rights to use the Extension/add-on, Search Software, and Services shall terminate, and you must remove and dispose of all copies.
(d) Prommatic Ltd. may update this Agreement and Privacy Policy, and the "Effective Date" of the Privacy Policy will change accordingly. It is your responsibility to periodically check and review this Agreement and Privacy Policy at Prommatic.com/privacy.
8. Installation, Features, and Information CollectionUPON INSTALLATION:
The Extension/add-on will be added to your Internet browser as a Extension/add-on. The Publisher determines the Extension/add-on's features, widgets, and controls. It provides a search box and easy access to Web search directly from your browser. You can minimize the Extension/add-on for Internet Explorer by right-clicking it. You also get the Extension/add-on Search Assistance feature, which provides relevant search results when you place a query in the browser address bar. The Search Software may be added as a shortcut icon in your desktop taskbar, on your desktop, and other optional menus. The Extension/add-on also includes other features, such as games, radio, and Facebook connect button. Note that Firefox Search Extension/add-on requires the Windows Media Player Firefox Plugin.
When you use the Search Software or one of the Extension/add-on search features to search the Web, all download and browsing activity is recorded by Prommatic Ltd.'s servers. This record may include information such as URL address, software names, file formats, IP address, default language setting, browser type, referring and exit pages, operating system, date/time stamp, clickstream data, and an anonymous unique ID. Prommatic Ltd. uses this information to process your download and search request and serve you relevant search results.
The Search Software sends a configuration request when you start your browser. This request includes only data such as browser type and IP address. Occasionally, the Extension/add-on platform may send a request to our servers to check for new version releases.
All collected information is kept anonymous, non-personally identifiable, and used only to deliver better search services and content according to your preferences.
Importantly, all search query, browsing, and third-party software download activity information is collected and evaluated only on an aggregated basis, except in response to a customer service inquiry or legal process.
Prommatic Ltd. has the right to disclose any information it deems necessary for ensuring compliance with the Agreement, satisfying legal processes or protecting its interests. Prommatic Ltd. may edit, refuse to transfer, or remove information or materials at its discretion.
The Extension/add-on and/or Search Software utilizes cookies and other technologies like pixel tags and web beacons. These technologies store a code indicating the distribution source for the Extension/add-on and/or Search Software. Prommatic Ltd. may also use web beacons from third parties and work with other companies to place web beacons on their sites. This information enables Prommatic Ltd. to differentiate the Extension/add-on and/or Search Software for compensating third-party distributors and analyzing trends, retention, and usage on an aggregated basis. Cookies are also used to store user preferences, but not to track internet use or store personally-identifiable information.
To withdraw consent for any features of the Extension/add-on and/or Search Software, users should uninstall the Software. Privacy Policy applies to the Extension/add-on and Search Software and the related websites maintained by Prommatic Ltd. Prommatic Ltd. does not collect personal identification information such as names, phone numbers, and addresses. Users might be asked to provide email addresses to receive information onPrommatic Ltd. software and special offers. Prommatic Ltd. collects information necessary for enabling certain features in the Extension/add-on Platform and does not sell, rent, or trade any personally-identifiable information provided by users.
Prommatic Ltd. is committed to data security and takes steps to ensure maximum security. Certain information like internet protocol (IP) addresses, browser user agent, referring page, date/time stamp, cookies, and web beacons are gathered automatically for analyzing trends, administering the site, tracking users’ movements, and gathering demographic information. Cookies are used to improve the service quality and store preferences and settings. Prommatic Ltd. uses such information to facilitate and measure the effectiveness of advertisement and web searches. Prommatic Ltd. may transfer all information provided by or collected from users, including personally-identifiable information, if the Web Sites or the Software is sold or all or substantially all of the assets relating to a Web Site or the Software are transferred to another entity. Prommatic Ltd. will disclose information, including personally-identifiable information and data acquired by cookies and other data, if required by a lawful process or if such disclosure is necessary to protect the rights or safety of others or to enforce its rights under the Agreement.
10. Your Represenatons and WarrantiesUsers represent and warrant that they have the legal right and ability to enter into the Agreement and comply with its terms. They will use the Extension/add-on, Search Software, and Services for lawful purposes only, not attempt to decompile, reverse engineer, hack, defeat, or overcome any encryption or technical protection methods implemented by Prommatic Ltd. with respect to the Extension/add-on, Search Software, and/or data transmitted, processed, or stored by the Extension/add-on.
(b) You agree not to use any automatic or manual device or process to disrupt or attempt to disrupt the proper functioning of the Extension/add-on, Search Software or Services, except to uninstall the Extension/add-on, Search Software from a computer that you own or are authorized to use in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Extension/add-on, Search Software, or Services. Prommatic Ltd. reserves the right to investigate occurrences that may involve such violations, and may cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
(c) If Prommatic Ltd. suspects, based on reasonable grounds, that your representations, promises, or warranties are inaccurate or breached, Prommatic Ltd. may terminate this license, deny any or all use of the Extension/add-on, Search Software, and/or Services, and pursue any appropriate legal remedies.
11. SubmissionsIf you send content (e.g., postings, contest submissions, surveys, polling questions) at our request or send us creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), such Submissions shall be considered the property of Prommatic Ltd. None of the Submissions shall be subject to any obligation of confidentiality on the part of Prommatic Ltd., and Prommatic Ltd. shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Prommatic Ltd. shall exclusively own all rights, known or hereafter existing, to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
12. IndemnityAt your expense, you agree to indemnify, hold harmless, and defend Prommatic Ltd. and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, and network service providers against any and all third-party claims, actions, proceedings, and suits, and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorney fees and other dispute resolution expenses) incurred by Prommatic Ltd. arising out of or related to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Extension/add-on, Search Software, and/or Services.
13. Links and Search ResultsThe Extension/add-on and/or Search Software may provide search results or other links to other World Wide Web sites or resources or software, provided by us or third parties. You acknowledge and agree that we are not responsible for the availability of such external sites or resources or software, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or software. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource or software.
14. Disclaimer of Warranties(a) Prommatic LTD provides the Extension/Add-On, Search Software and Services “as is” and makes no express, implied, or statutory warranties, claims or representations about their quality, performance, non-infringement, merchantability, fitness for a particular purpose, or availability. There are also no warranties created by course of dealing, course of performance, or trade usage, nor is there any guarantee that the Extension/Add-On, Search Software or Services (or any third-party software, content, technology, and services) will always be accessible, uninterrupted, timely, secure, accurate, complete, and error-free.
(b) You acknowledge that you assume the entire risk arising from the use or performance of the Extension/Add-On, Search Software, or Services to the maximum extent permitted by law.
(c) Third parties may utilize and distribute the Extension/Add-On, Search Software, or Services that are unrelated to Prommatic LTD, and you agree that Prommatic LTD will not be responsible for any damage, claim, or loss of any kind resulting from the actions or omissions of such outside parties.
(c) Some jurisdictions may not allow the exclusions set forth in this Section 14, in which case, these exclusions may not apply to you.
15. Limitation of Liability
(a) Under no legal theory and in no event shall Prommatic LTD, its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, or network service providers be liable for any indirect, incidental, special, or consequential damages (including without limitation any loss of data, service interruption, computer failure or pecuniary loss of any type, damages for loss of goodwill, business interruption, computer failure or malfunction, loss of business profits, loss of business information, or any and all other commercial damages or losses) arising out of the use or inability to use the Extension/Add-On, Search Software, or Services, regardless of whether Prommatic LTD was advised of the possibility of such damages.
(b) If you encounter problems or dissatisfaction with the Extension/Add-On, Search Software, and/or Services, your only recourse is to uninstall and stop using them.
(c) In no event will Prommatic LTD's cumulative liability to you or any other third party for any loss or damages exceed the amount received by Prommatic LTD from you for the license, even if Prommatic LTD was informed of the possibility of such damages or any claim by any other party.
(c) Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
16. Customer SupportPrommatic Ltd. may offer customer support (“Support”), which is available at Prommatic.com/contact/, but is not required to do so.
17. By clicking on the “I ACCEPT” button or any other similar links designated by Prommatic Ltd. to download the Extension/Add-On and/or Search Software and agree to the terms and conditions of this Agreement, you submit a legally binding electronic signature and enter into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. You agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Extension/Add-On, Search Software, or Services, pursuant to any applicable statutes, regulations, rules, ordinances, or other laws. You also waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records.
18. Beta Testing. This Section 18 pertains to any Beta version of the Search Software that you are testing and providing feedback on. You acknowledge that the Beta version may contain bugs, errors, and other issues and is provided to you on an "as-is" basis. You also recognize the importance of communication between you and Prommatic Ltd. during your use of the Beta Services, and agree to receive correspondence and updates related to the Beta program. As part of the Beta program, you may be asked to provide feedback on the Search Software and Services, and you hereby grant Prommatic Ltd. a worldwide license to use and incorporate such feedback into any Prommatic Ltd. product or service.
19. General Provisions. Prommatic Ltd. reserves all rights not expressly granted in this Agreement. Prommatic Ltd. may modify this Agreement by providing the revised Agreement to you or posting it on its website located at Prommatic.com. Your continued use of the Extension/add-on, Search Software, and/or Services constitutes your acceptance of any revised Agreement. You may not assign this Agreement or any rights granted hereunder. This Agreement does not create a partnership or joint venture between you and Prommatic Ltd. If any provision of this Agreement is deemed invalid or unenforceable, the remainder of the Agreement remains in full force and effect. Prommatic Ltd.'s failure to enforce any provision of this Agreement at any time does not affect its right to enforce the provision later. This Agreement is governed by the laws of the Republic of Cyprus without regard to its conflict of law rules. Any legal proceeding arising from this Agreement is subject to the exclusive jurisdiction of any court of the Republic of Cyprus. This Agreement constitutes the final, complete, and exclusive agreement with respect to the Extension/add-on, Search Software, and Services and may not be contradicted, explained, or supplemented by any prior or contemporaneous oral agreement or consistent additional terms. Prommatic Ltd. may assign this Agreement to a subsidiary or sister company at its sole discretion without prior notice.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS, AND CONDITIONS SET FORTH HEREIN. BY INSTALLING THE EXTENSION/ADD-ON AND/OR THE SEARCH SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT Prommatic LTD. THE RIGHTS SET FORTH HEREIN.
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