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WOT - Sicher surfen 20090414
WOT End-User Software License Agreement
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "LICENSEE") AND AGAINST INTUITION OY ("LICENSOR") FOR THE SOFTWARE PRODUCT WOT ("LICENSED SOFTWARE") WHICH INCLUDES COMPUTER SOFTWARE SPECIFIED IN THIS AGREEMENT. THIS AGREEMENT SHALL ALSO GOVERN YOUR USE OF MY WOT PORTAL ("PORTAL"). BY DOWNLOADING THE SOFTWARE PRODUCT, OR INSTALLING, ACCESSING OR UTILIZING THE LICENSED SOFTWARE OR THE PORTAL, YOU, THE LICENSEE, AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE LICENSED SOFTWARE OR THE PORTAL.
1. Protection/Ownership.The Licensed Software and the Portal are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Licensor shall retain ownership in and to the Licensed Software and the Portal, the copies of the Licensed Software provided herewith, data provided through their use ("Data") and to all other intellectual property rights, including without limitation trademarks, trade names, database rights and patents. The Licensed Software is licensed to You for use subject to the terms set forth in this Agreement.
2. Grant of License. Licensor hereby grants to You and You fully accept, upon delivery, a personal, limited, non-exclusive and non-transferable right to install and use only the executable version (no source code) of the Licensed Software for private and non-commercial use. The Licensed Software comprises computer software (extension/plug-in). This license is for a single user system only and enters into force through aforementioned procedure and no title shall pass to the You. In addition to the license granted in this Section 2, You shall have the right to access the Portal in accordance with this Agreement. All rights and licenses not expressly granted to Licensee under this Agreement shall be retained by Licensor.
3. Obligations and Restrictions. You agree to give correct personal information as the user of the Licensed Software and the Portal and agree to use the Licensed Software and the Portal only to lawful purposes. You agree that you shall at all times comply with all applicable laws and regulations governing the use of the Licensor Software and the Portal. You will explicitly agree not to abuse the rating system.
You agree not to disclose, modify, decompile, translate, disassemble, reverse engineer or otherwise attempt to derive source code of the Licensed Software except to the extent you may be expressly permitted, under applicable law, to decompile only in order to achieve interoperability with the Licensed Software.
You shall not distribute, sell, rent, lease or by any commercial means use the Licensed Software, the Portal or Data or otherwise transfer for value the Licensed Software, the Portal or Data. You agree not to challenge Licensor's rights in or otherwise attempt to assert any rights in the Licensed Software, the Portal or Data, except those provided under this Agreement. You agree not to copy the Licensed Software except for backup and disaster recovery purposes. You agree not to use the Licensed Software, the Portal and Data except as expressly permitted under this Agreement.
The Licensed Software is designed and provided to you as a single product to be used as permitted under this Agreement. You may not unbundle or repackage the Licensed Software or any component parts of the Licensed Software and Data. The Licensed Software, the Portal or Data may not be used in any way, which is harmful or otherwise offensive for the Licensor, other users of the Licensed Software/Portal or third parties.
5. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE LICENSED SOFTWARE, THE PORTAL OR DATA, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE LICENSED SOFTWARE AND THE PORTAL ARE PROVIDED "AS IS" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
You understand and acknowledge that Licensor will not be liable for network-related problems attributable to the operation of the Licensed Software or the Portal and that network configuration changes may affect the Licensed Software’s and/or the Portal’s performance.
Licensor will collect website information from different sources (including users and public listings), but does neither control nor have any detailed knowledge of, the Data and other information presented and received through the use of the Licensed Software or the Portal. You, therefore, may be exposed to information that is erroneous, indecent or otherwise objectionable. Licensor shall not be liable for Data and other information spread or delivered through or in connection with the Licensed Software or the Portal. You agree that you shall bear all risks associated for the use of such information. Furthermore, by providing the Licensed Software, the Portal or related services the Licensor does not recommend any single website or web service. The website ratings provided in connection with the Licensed Software may not be accurate as they are based on subjective valuations of the users. Licensor makes no representations or warranties about the suitability, reliability, and accuracy of such ratings. For the avoidance of doubt, Licensor shall always have the right to remove any Data or other content from the Licensed Software or the Portal.
6. Limitation of Liability. YOU EXPRESSLY AGREE THAT THE LICENSOR SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND GOODWILL,ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, THE PORTAL OR DATA, even if advised of the possibility of such damages. In particular, and without limitation, Licensor shall have no liability for any information stored or processed with the Licensed Software, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Licensed Software or the Portal is to deinstall the Licensed Software and cease use of the Licensed Software and the Portal.
LICENSOR SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE DATA AND INFORMATION PROVIDED THROUHG AND IN CONNECTON WITH USE OF THE LICENSED SOFTWARE OR THE PORTAL. ANY USE OF THE ADVICE, RATINGS OR INFORMATION OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE OR THE PORTAL SHALL BE DONE AT YOUR OWN DISCRETION.
7. Support. Licensor shall have no obligation to provide support or maintenance for the Licensed Software under this Agreement. However, Licensor may, at its sole discretion, provide limited technical support, upgrades and updates for the Licensed Software. All possible upgrades and updates are provided to You on a license exchange basis. Upgrades and updates may be licensed to you by Licensor with additional or different terms.
8. Termination. Your right to use the Licensed Software and the Portal continues until this Agreement is terminated. Licensor may terminate this Agreement and your use of the Licensed Software and the Portal at any time, without cause and without notice. You may terminate this Agreement at any time by uninstalling all of Your copies of the Licensed Software and ceasing to use of the Portal. This Agreement will automatically terminate if You fail to comply with the material terms of this Agreement. Upon any termination, You agree to remove all Licensed Software from Your computers and destroy all copies of the Licensed Software. You will not be refunded any part of License Fee, if any.
Provisions of Sections No Warranty, Limitation of Liability and Termination shall survive any termination of this Agreement.
9. Severability. If any of the terms, or portions thereof, of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Agreement to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.
10. Whole Agreement. This Agreement constitutes the entire agreement between You and Licensor relating to the subject matter hereof.
11. Waiver. The waiver or failure of Licensor to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement.
12. Assignability. Licensor may freely assign and transfer this Agreement to any third party.
13. Governing law and dispute resolution. This Agreement shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law rules. All disputes relating to the Licensed Software, the Portal and this Agreement shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.