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Effective Date: December 17, 2015
This Ghostery Product End-User License Agreement (the “EULA” or “Agreement”) is a legal agreement between you and Ghostery, Inc., (the “Company”), the US-based legal owner of Ghostery’s products and services (together with any successor Ghostery extensions, the “Services”), and provides the terms and conditions by which you may use the Services, including any associated media, scripts, printed materials, and online or electronic documentation. This EULA supersedes any other agreement or understanding with respect to its subject matter. By downloading, installing and using the Services, you agree to the terms of this EULA. The Ghostery Product Privacy Statement is subject to and incorporated into this EULA.
The Services are the intellectual property of the Company and are protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws. 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, and any other content or work product that may be found in the Services. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company.
1. Grant of License: Subject to the terms of this EULA, and in the case of Ghostery’s Browser Extension, the Company grants to you a limited, worldwide, non-exclusive, royalty-free, revocable, non-commercial license only to: (i) download the Services to a computer or device via a web browser, (ii) use the Services for your personal use or enjoyment.
Subject to the terms of this EULA, and In the case of Ghostery’s commercial products, the Company grants to you a limited, worldwide, non-exclusive, royalty-free, revocable, commercial license only to use the Services for lawful, commercial purposes.
The Company does not grant you any other rights whatsoever, in either the Ghostery Browser Extension or its commercial products in relation to the Services. All other rights are expressly reserved by the Company.
2. Other Limitations and Prohibited Uses: Unless you have express written permission from the Company, you may not: (i) use the Services in any way that violates this EULA, (ii) distribute the Services or any portion thereof to any third parties, (iii) disassemble or reverse engineer the Services or any part or portion thereof for any purpose, other than for reviewing the code for personal review, (iv) adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute the Services or any elements, portions, or parts thereof, without limitation, in any form or media, (v) use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on the Services, (vi) rent, lease, or lend the Services to any third party, (vii) design, build, or cause to be designed or built any competing or derivative product or service.
3. Support Services. The Company may provide you with support services, and any supplemental software code provided to you as part of those services shall be considered part of the Services and are subject to the terms and conditions of this EULA. You must comply with all applicable laws regarding use of the Services.
4. Enforcement of Copyright and Protection of Intellectual Property: If the Company discovers that you have used its Services or other protected intellectual property in contravention of the terms of this EULA, the Company may, in its sole discretion, revoke this license and bring legal proceedings against you, seeking all available remedies, including monetary damages, injunctive relief, and legal fees and costs. If you become aware of any use of the Services or protected intellectual property that contravenes or may contravene the terms of this EULA, immediately report this by email to email@example.com or by first-class mail to Ghostery, Inc. 10 E. 39th Street, 8th Floor, New York, New York 10016, care of Legal Department.
5. Termination: Your right to use the Services continues until terminated by the Company, which may terminate this Agreement and your license to use the Services at any time, without cause, without notice, and for any reason whatsoever. You may terminate this Agreement at any time by uninstalling the Services. 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 Services.
6. No Warranties: The Services are provided “AS IS” 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 Services. The Company makes no warranties 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 (including, without limitation, lost profits, business interruption, or loss of data) rising out of use of or inability to use the Services. Notwithstanding anything to the contrary, in no event will the Company be liable for indirect, special, incidental, consequential (including lost profit), punitive, exemplary, or other damages based in contract, tort or otherwise. The Company shall have no liability with respect to the content or operation of the Services.
8. Governing Law and Jurisdiction: This Agreement will be governed by the laws of the State of New York, without regard to its conflicts of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Manhattan, New York.