SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT FOR Addoncrop Browser Addons
SINGLE USE LICENSE
Last Updated: 28-01-2018
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE ADDONCROP SOFTWARE. BY USING THE ADDONCROP SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE,CLICK “DISAGREE” OR DON’T INSTALL THE SOFTWARE. IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
2. Permitted License Uses and Restrictions.
A. Subject to the terms and conditions of this License you are granted a limited non-exclusive license to install and use one copy of the ADDONCROP Software on each computer owned or controlled by you. To the extent that the ADDONCROP Software may be used to reproduce materials, such use is limited to reproduction of noncopyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the ADDONCROP Software to exist on more than one computer at a time, and you may not make the ADDONCROP Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the ADDONCROP Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. In addition to the restrictions stated above, the ADDONCROP proprietary extension (“ADDONCROP extensions”) included with the ADDONCROP Software are only licensed for use with the ADDONCROP Software . You may not use the ADDONCROP extensions for any other purpose, nor may you link, compile or otherwise combine the ADDONCROP extensions with your own programs, modify, rent, release, lend, sublicense or otherwise redistribute the ADDONCROP extensions, in whole or in part. B. ADDONCROP Software incorporates certain open source third-party software and code, which are licensed to you and subject to the license provisions of such providers. Therefore, you may use a source code version of certain ADDONCROP Software functionality and distribution free of charge under these public licenses. These licenses permit you to run, copy, modify, and/or redistribute the open-source components subject to certain restrictions described in the terms of these licenses which you should review. This License does not limit your rights under, or grant you rights that supersede, the license terms of any particular open source component of the ADDONCROP Software. The extent that any of the terms set out herein conflict with any terms contained in the third party open source license, the conflicting terms will not apply to the third party open source code. This License will also govern any ADDONCROP Software upgrades provided by ADDONCROP that replace and/or supplement the original product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Please review the license agreements linked below for the open source third party software currently in use with ADDONCROP’s software solution:
GNU: http://www.gnu.org/licenses/lgpl.html BSD: http://www.opensource.org/licenses/bsd-license.php Chromium: http://www.chromium.org MIT License: http://www.opensource.org/licenses/mit-license.php Open Source BT: http://www.selling2bt.bt.com/working/OpensourcePolicy/default.htm
C. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the ADDONCROP Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the ADDONCROP Software). Any attempt to do so is a violation of the rights of ADDONCROP and its licensors of the ADDONCROP Software.
You may not rent, lease, lend, sell, redistribute or sublicense the ADDONCROP Software. You may, however, make a one-time permanent transfer of all of your license rights to the ADDONCROP Software to another party, provided that: (a) the transfer must include all of the ADDONCROP Software, including all its component parts, original media (if any), printed materials and this License; (b) you do not retain any copies of the ADDONCROP Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the ADDONCROP Software reads and agrees to accept the terms and conditions of this License. All components of the ADDONCROP Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Updates: If an ADDONCROP Software update completely replaces (full install) a previously licensed version of the ADDONCROP Software, you may not use both versions of the ADDONCROP Software at the same time nor may you transfer them separately.
4. Consent to Use of Data.
5. Software updates.
The ADDONCROP Software which you use may automatically download and install updates from time to time from ADDONCROP. These updates are designed to improve, enhance and further develop the ADDONCROP Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ADDONCROP to deliver these to you) as part of your use of the ADDONCROP Software. These updates may occur all at once or over multiple sessions and require your review and acceptance of our then-current License before you will be permitted to use any subsequent versions of the ADDONCROP Software. You acknowledge and agree that ADDONCROP has no obligation to make available to you any subsequent versions of the ADDONCROP Software. You are not obligated to use any of the features of the ADDONCROP Software, including, but not limited to content and news feeds.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from ADDONCROP if you fail to comply with any term (s) of this License. Upon the termination of this License, you shall cease all use of the ADDONCROP Software and destroy all copies, full or partial, of the ADDONCROP Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License survive any such termination.
7. Services and Third Party Materials.
A. The ADDONCROP Software automatically references, displays, and links to, third party web sites and information located worldwide throughout the Internet, and the ADDONCROP Software also performs or provides access to ADDONCROP and third party web services as well as third party extensions (collectively and individually, “Services”). Use of the Services requires Internet access and use of certain Services may require you to accept additional terms.
B. By installing and/or updating the ADDONCROP’S Software you acknowledge and agree that the ADDONCROP Software may be set as your default browser as a result of such action and that Desktop shortcuts to Search, Facebook and Youtube may also be created in order to provide access to supported features.
You can change this at any time and set any other application as your default browser by using the settings available in the Internet browsers installed on your system or via the controls available in your operating system. C. You agree that ADDONCROP may modify the default search provider of the ADDONCROP Software during your use of the ADDONCROP Software. If you do not want to have your default search provider modified, you may refuse the modification as part of the ADDONCROP Software installation process or, after installation, you may deactivate the modification of your search properties by accessing the ADDONCROP’S Software’s menu “Tools > Settings” and selecting the desired “Search” option. D. You understand that by using the ADDONCROP Software or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the ADDONCROP Software and Services at your sole risk and that ADDONCROP shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. E. By using the ADDONCROP Software and Services, you acknowledge and agree that ADDONCROP is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third party materials, extensions or web sites. ADDONCROP, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, third party materials, extensions or web sites, or for any other materials, products, or services of third parties. Third party materials and extensions and links to third party web sites are provided solely as a convenience to you. F. Financial information displayed by the ADDONCROP Software or any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the ADDONCROP Software or Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by the ADDONCROP Software or any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither ADDONCROP nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by the ADDONCROP Software or any Services. E. You agree that the Services contain proprietary content, information and material that is owned by ADDONCROP and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or ADDONCROP. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ADDONCROP is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. F. ADDONCROP and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will ADDONCROP be liable for the removal of or disabling of access to any such Services. ADDONCROP may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
8. Disclaimer of Warranties.
8.1 If you are a customer who is a consumer (someone who uses the ADDONCROP Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization 8.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ADDONCROP SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADDONCROP SOFTWARE AND ANY ADDONCROP OR THIRD PARTY SERVICES PERFORMED OR PROVIDED BY THE ADDONCROP SOFTWARE (COLLECTIVELY “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ADDONCROP AND ADDONCROP’S LICENSORS (COLLECTIVELY REFERRED TO AS “ADDONCROP” FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ADDONCROP SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 8.4 ADDONCROP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ADDONCROP SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ADDONCROP SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ADDONCROP SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT THE ADDONCROP SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR OTHER THIRD PARTY SERVICES, OR THAT DEFECTS IN THE ADDONCROP SOFTWARE OR SERVICES WILL BE CORRECTED. 8.5 YOU FURTHER ACKNOWLEDGE THAT THE ADDONCROP SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE ADDONCROP SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. 8.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADDONCROP OR AN ADDONCROP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ADDONCROP SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ADDONCROP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ADDONCROP SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE ADDONCROP SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ADDONCROP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ADDONCROP’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Export Control.
You agree to comply fully with all of France’s export laws and regulations to ensure that neither the ADDONCROP Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
A. Some part of the ADDONCROP Software is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the ADDONCROP Software , queries made through the ADDONCROP Software or other information. B. The manner, mode and extent of advertising by ADDONCROP on the ADDONCROP Software is subject to change without specific notice to you. C. In consideration for ADDONCROP granting you access to and use of the ADDONCROP Software, you agree that ADDONCROP may place such advertising on the ADDONCROP Software and in any Services provided via ADDONCROP Software.
12. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of France, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without ADDONCROP’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this License, the exercise by either party of any of its remedies under this License will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications permitted or required hereunder will be provided to you in one of the following ways: by posting on the ADDONCROP Site, by email or through notifications in ADDONCROP Software. The failure by either party to enforce any provision of this License will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this License is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
13. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and ADDONCROP relating to the ADDONCROP Software (but excluding any services which ADDONCROP may provide to you under a separate written agreement) and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by ADDONCROP. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements and Terms.
15. Additional Terms for Extensions for ADDONCROP Software.
A. These terms in this section apply if you install extensions on your copy of ADDONCROP Software. Extensions are small software programs, developed by ADDONCROP or third parties, that can modify and enhance the functionality of ADDONCROP Software. Extensions may have greater privileges to access your browser or your computer than regular webpages, including the ability to read and modify your private data. B. From time to time, ADDONCROP Software may check with remote servers (hosted by ADDONCROP or by third parties) for available updates to extensions, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you. C. From time to time, ADDONCROP may discover an extension that violates ADDONCROP’s terms or other legal agreements, laws, regulations or policies. ADDONCROP Software may periodically download a list of such extensions from ADDONCROP’s or other third party servers. You agree that ADDONCROP may remotely disable or remove any such extension from user systems in its sole discretion.
16. Additional Terms for Enterprise Use.
A. If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these License, “you” means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorized to do business in the country or countries where you operate, and that your employees, officers, representatives, and other agents accessing the ADDONCROP Software are duly authorized to access the ADDONCROP Software and to legally bind you to these License.
17. Contact Information.
If you have any questions regarding this License for ADDONCROP Software, you may contact the Addoncrop Team at [email protected]