Browser Extension End-User License Agreement

 

Browser Extension End-User License Agreement

Effective Date: February 15, 2017

This Browser Extension End User License Agreement (“EULA” or “Agreement”), effective on the date above, is a legal agreement between you and Cliqz International GmbH (the “Company”), owner of the Ghostery Browser Extension (“GBE”), and constitutes the terms and conditions by which you may use the GBE. This EULA incorporates the GBE Privacy Policy and supersedes any other agreement or understanding with respect to the GBE. By downloading, installing or using the GBE, you acknowledge and agree to these terms.

  1. Grant of License: Subject to the terms of this EULA, the Company grants you a limited, worldwide, non-exclusive, royalty-free, revocable, non-commercial license only to: (i) download the GBE to a personal, non-work computer (or device) via a web browser, and (ii) use the GBE only for your personal use. Notwithstanding anything to the contrary, you are not granted any other rights whatsoever in the GBE. All other rights are expressly reserved and it is expressly understood that you must comply with any and all applicable laws as they may pertain to the GBE.
  2. Limitations and Prohibited Uses: Unless you have express prior written permission from the Company, you may not: (i) use the GBE in any way that violates this EULA, (ii) distribute the GBE or any part or portion to any third parties, (iii) disassemble or reverse engineer the GBE or any part or portion for any purpose, (iv) adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute the GBE or any elements, part or portion, without limitation, in any form or media, (v) use any automated data collection methods, data mining, robots, scraping or any data gathering methods or technologies of any kind on the GBE, (vi) rent, lease, or lend the GBE to any third party, (vii) design, build, or cause to be designed or built any competing or derivative product or service.
  3. Support. The Company may provide you with support of the GBE, and any supplemental software code provided to you as part of that support shall be considered part of the GBE, and is subject to the terms and conditions of this EULA.  
  4. Enforcement of Copyright and Protection of Intellectual Property: For avoidance of doubt, intellectual property, includes, but is not limited to: computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, tracker libraries, script libraries, trade secrets, trademarks, service marks, trade names, and any other content or work product that may be found in the GBE. All intellectual property rights are protected by copyright, trademark, intellectual property laws, and international copyright treaties or agreements. If the Company discovers that you have used the GBE in contravention of the terms of this EULA, then the Company may, in its sole discretion, revoke this license at any time and without recourse, and bring legal proceedings against you, seeking all available remedies, including monetary damages, injunctive relief, and legal fees and costs.
  5. Termination: Your right to use the GBE continues until terminated by the Company, which may terminate this Agreement and your license to use the GBE at any time, without cause, without notice, and for any reason whatsoever. You may terminate this Agreement at any time by uninstalling the GBE. This Agreement will automatically terminate if you fail to comply with any of the terms of this EULA. Upon termination, you agree to stop using and to uninstall the GBE.
  6. No Warranties: The GBE is provided “AS IS” and without warranty of any kind. The Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the GBE and the Company makes no warranties whatsoever respecting any harm that may be caused by the transmission of any kind of computer virus.
  7. Limitation of Liability: In no event shall the Company be liable for any damages whatsoever, including and without limitation, any damages due to loss of data, rising out of the use of or the inability to use the GBE. Notwithstanding anything to the contrary, in no event shall the Company be liable for indirect, special, incidental, consequential, punitive, exemplary, or other damages based in contract, tort or otherwise.
  8. 8. Governing Law and Jurisdiction:  This Agreement shall be governed by the laws of the State of New York, without regard to its conflicts of law principles and you agree to submit to the personal jurisdiction of the state and federal courts located in Manhattan, New York.
  9. Notice:  If you become aware of any use of the GBE that contravenes or may contravene the terms of this EULA, immediately report this to the Company: by email to legal@ghostery.com, or by first-class mail to Ghostery, USA, 10 E. 39th Street, 8th Floor, New York, New York 10016, care of Legal Department.