This Mobile Browser End User License Agreement (“EULA” or “Agreement”), effective on the date above, is a legal agreement between you and Ghostery GmbH (the “Company”), owner of the Ghostery Mobile Browser (“GMB”), and constitutes the terms and conditions by which you may use the GMB. This EULA incorporates the GMB Privacy Policy and supersedes any other agreement or understanding with respect to the GMB.

GMB, 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 GMB to a personal, non-work computer (or device) via a web browser, and (ii) use the GMB only for your personal use. Notwithstanding anything to the contrary, you are not granted any other rights whatsoever in the GMB. 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 GMB.

2. Limitations and Prohibited Uses

Unless you have express prior written permission from the Company, you may not: (i) use the GMB in any way that violates this EULA, (ii) distribute the GMB or any part or portion to any third parties, (iii) disassemble or reverse engineer the GMB or any part or portion for any purpose, (iv) adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute the GMB 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 GMB, (vi) rent, lease, or lend the GMB 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 GMB, and any supplemental software code provided to you as part of that support shall be considered part of the GMB, 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 GMB. 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 GMB 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 GMB continues until terminated by the Company, which may terminate this Agreement and your license to use the GMB at any time, without cause, without notice, and for any reason whatsoever. You may terminate this Agreement at any time by uninstalling the GMB. 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 GMB.

6. No Warranties

The GMB 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 GMB 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 GMB. 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. 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.

Notice If you become aware of any use of the GMB 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, Inc, 49 W 23rd Street, 7th Floor, New York, New York 10010, care of Legal Department.

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