StartHQ 1.3

Licence zdrojového kódu

StartHQ Firefox Add-On Software License

The Software you seek to use is licensed only on the condition that you (the "Licensee") agree with StartHQ to the terms and conditions set forth below. PLEASE CAREFULLY READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT.

1. Software
As used in this License Agreement "Software" means (i) the software provided to the Licensee under this License Agreement, known as the StartHQ Firefox Add-on, (ii) such upgrades, modified or new versions, updates and additions for such StartHQ Firefox Add-on software ("Updates") as may be provided by StartHQ to the Licensee under the terms of this License Agreement, and (iii) documentation for the foregoing as provided by StartHQ from time to time at its website at StartHQ.com (the "Documentation"). The Software is a bundled product comprising:

(a) software, in source code format, including code obtained under open source licenses, and
(b) graphic files.

2. License to Use Software
Under this License Agreement, StartHQ grants to the Licensee a non-exclusive, non-transferable, non-sublicensable right to install, access and use the Software in accordance with the Documentation and on and subject to the terms and conditions set out in this License Agreement.
This license permits use by a single user only.


3. Ownership/Rights
StartHQ owns, or has the right under license for open source components, the StartHQ Firefox Add-on and has the right to grant licenses of the StartHQ Firefox Add-on to end users. The StartHQ Firefox Add-on and any and all documentation, knowledge, know how and/or techniques relating to the StartHQ Firefox Add-on is and will remain the sole and absolute property of StartHQ. The Licensee acknowledges that all Documentation and other materials, inventions, discoveries, improvements, software, copyright, know-how or other intellectual property, whether or not patentable or copyrightable, created by StartHQ or the Licensee prior to, during, or after the termination of, this License Agreement, pertaining to the StartHQ Firefox Add-on are and will remain the sole and absolute property of StartHQ. All rights in the StartHQ Firefox Add-on not specifically granted in this License Agreement, including Canadian, United States and international copyrights, are reserved by StartHQ.
With the exception of the licenses granted pursuant to this License Agreement, the Licensee acquires no right, title or interest in or to the Software.

4. Copy and Use Restrictions
The Licensee will not, and will not authorize any third party to:
except as specifically provided in this License Agreement, make copies of the Software, and all such copies which are permitted hereunder together with any original must be kept in the Licensee's possession or control. The Licensee shall reproduce and include all copyright notices on any backup copy;
modify, improve, further develop, adapt, decompile, disassemble, translate into another computer language, create derivative works, or otherwise reverse engineer the Software;
distribute, sell, lease, transfer, assign, trade, rent or publish the Software or any part thereof and/ or copies thereof, to others;
license or sublicense the use of the Software to others;
use the Software or any part thereof for any purpose other than for the Licensee’s own use;
use the Software except as expressly authorized pursuant to this License Agreement;
use, without their express permission, the name of StartHQ or any trademark or logo of StartHQ in advertising, publicity, or otherwise.

5. Term and Termination
This License Agreement and the license granted hereunder is in force until terminated. This License Agreement, and the rights granted hereunder, may be terminated immediately by StartHQ if the Licensee breaches any term of this License Agreement. The Licensee may terminate this License Agreement at any time by stopping all use of the Software and destroying or deleting all copies of the Software licensed to the Licensee.
After termination the Licensee agrees to destroy, delete or return to StartHQ all copies of the Software in its possession or control, full or partial, in any form, including without limitation any copies of the Documentation, and any other material relating to the Software, and will have no further right to use the Software. The "Copy and Use Restrictions", "Term and Termination", "Confidentiality" "No Warranty", "Limitation of Liability", "Indemnity" and "Miscellaneous" sections of this License Agreement will however survive any termination of this License Agreement.

6. Confidentiality
All information, documentation, or computer code which StartHQ may at any time disclose to the Licensee relating to the Software is proprietary and confidential information (save and except any such information and documentation which StartHQ may release to the general public). The Licensee agrees that it shall use any such confidential information, documentation and code solely in accordance with the provisions of this License Agreement and will not at any time disclose such confidential information, documentation or code directly or indirectly, to any third party without StartHQ's prior written consent.

7. No Warranty
THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS PROVIDED TO THE LICENSEE "AS IS", AND THAT NEITHER StartHQ NOR ANY CONTRIBUTOR (AS DEFINED IN THE MPL) MAKES ANY REPRESENTATIONS OR EXTEND ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY OR FITNESS OF THE SOFTWARE FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS. ALL SUCH WARRANTIES AND CONDITIONS ARE HEREBY EXPRESSLY DISCLAIMED BY StartHQ AND ALL CONTRIBUTORS.
In particular, but without limitation, nothing in this License Agreement is or will be construed as:
a warranty or representation by either StartHQ or any Contributor as to the validity or scope of any copyright or other intellectual property rights in the Software;
an obligation to furnish any software, technology, or technical information other than the Software;
an obligation on StartHQ or any Contributor to correct malfunctions that arise in any version of the Software delivered to the Licensee.
The entire risk as to the quality and performance of the Software is with the Licensee. Without limiting the generality of the foregoing, neither StartHQ nor any Contributor warrants that the functions contained in the Software will meet the Licensee’s requirements and neither StartHQ nor any Contributor warrants that the Software is free from bugs or malfunctions, or that any bug or malfunctions can or will be corrected or that StartHQ or any Contributor will develop or provide to the Licensee any operations, capabilities or features not present in the version of the Software first delivered to the Licensee under this License Agreement.

8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER StartHQ OR ANY CONTRIBUTOR BE LIABLE TO THE LICENSEE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE, PROFIT, BUSINESS INTERRUPTION OR LOSS OF DATA, OR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE EXPRESS OR IMPLIED TERMS OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF StartHQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, StartHQ’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LICENSEE TO StartHQ HEREUNDER DURING THE 12 MONTH PERIOD PRIOR TO THE LIABILITY ARISING.

9. Indemnity
THE LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS StartHQ AND ALL CONTRIBUTORS AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING ATTORNEY'S FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGMENT ARISING OUT OF, CONNECTED WITH, RESULTING FROM, OR SUSTAINED AS A RESULT OF, OR IN CONNECTION WITH, THE LICENSEE'S USE OF THE SOFTWARE.