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Fire Eagle Updater 1.0.0
End-User License Agreement
Fire Eagle Updater requires that you accept the following End-User License Agreement before installation can proceed:
Welcome to Fire Eagle, a Yahoo!, Inc. company (collectively, “Fire Eagle”). By downloading the Fire Eagle software ('Fire Eagle Software'), you agree to these software license terms (the "Software License") that are incorporated into and supplement the Fire Eagle Terms of Service ("TOS") located at http://fireeagle.yahoo.net/help/usertos. If you disagree with any of the terms below, Fire Eagle does not grant you a license to use the Fire Eagle Software.
Fire Eagle reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can always find the most recent version of this Software License at http://fireeagle.yahoo.net/firefox/fe-add-on-eula.html. Fire Eagle may change this Software License by posting a new version without notice to you. Use of the Fire Eagle Software after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Fire Eagle and its affiliates (collectively, "Fire Eagle") that you are at least 18 years old. The Fire Eagle Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Fire Eagle Software") are owned by Fire Eagle, or Fire Eagle's licensors and content and data providers ("Fire Eagle Licensors"), and are licensed to you on a worldwide (except as limited below), non-exclusive, limited, revocable, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Fire Eagle Software, all updates, revisions, substitutions, and any copies of the Fire Eagle Software made by or for you. All rights not expressly granted to you are reserved by Fire Eagle or their respective owners.
a. YOU MAY install and personally use the Fire Eagle Software and any updates provided by Fire Eagle (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Fire Eagle Software for your own noncommercial use or benefit. Your license to the Fire Eagle Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the Fire Eagle Software and by destroying all your copies of the applicable Fire Eagle Software. To uninstall the Fire Eagle Software, you may use the standard Mozilla Firefox 'Add-ons' window. Once you access the 'Add-ons' window, select the 'Fire Eagle Updater Add-on' extension and click 'Uninstall'. The Fire Eagle Software will be uninstalled and will no longer be visible when you restart Firefox. This Software License terminates automatically if you violate any term of this Software License, Fire Eagle publicly posts a written notice of termination on the Fire Eagle web site, or Fire Eagle sends a written notice of termination to you.
b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements of (as defined by U.S. patent law) the Fire Eagle Software or any portion thereof;
(ii) incorporate the Fire Eagle Software into any computer chip or the firmware of a computing device manufactured by or for you;
(iii) use the Fire Eagle Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License;
(iv) use the Fire Eagle Software to operate nuclear facilities, life support, or other mission critical applications where human life or property may be at stake. You understand that the Fire Eagle Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Fire Eagle is not
(v) use or export the Fire Eagle Software in violation of applicable U.S. laws or regulations; and
(vi) sell, lease, loan, distribute, transfer, or sublicense the Fire Eagle Software or access thereto or derive income from the use or provision of the Fire Eagle Software, whether for direct commercial or monetary gain or otherwise, without Fire Eagle's prior, express, written permission.
2. Ownership and Relationship of Parties.
The Fire Eagle Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. Fire Eagle and
Fire Eagle's Licensors own all rights, title, and interest in and to their applicable contributions to the Fire Eagle Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Fire Eagle, including (but not limited to) the Fire Eagle Software and Fire Eagle trademarks, and creates no relationship between yourself and Fire Eagle's Licensors, or between you and Fire Eagle other than that of Fire Eagle to licensee.
3. Support and Software Updates.
Fire Eagle may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Fire Eagle Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Fire Eagle may change, suspend, or discontinue any aspect of the Fire Eagle Software at any time, including the availability of any Fire Eagle Software feature, database, or content. Fire Eagle may also impose limits on certain features and services or restrict your access to parts or all of the Fire Eagle Software or the Fire Eagle web site without notice or liability.
4. Fees and Payments.
Fire Eagle reserves the right to charge fees for future use of or access to the Fire Eagle Software or the Fire Eagle services and web sites (collectively, "Fire Eagle Software Services") in Fire Eagle's sole discretion. If Fire Eagle decides to charge for the Fire Eagle Software Services, such charges will be disclosed to you prior to charging.
5. Disclaimer of Warranties by Fire Eagle.
USE OF THE FIRE EAGLE SOFTWARE AND ANY WEB PAGES OR DATA ACCESSED THROUGH THE
FIRE EAGLE SOFTWARE IS AT YOUR SOLE RISK.
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FIRE EAGLE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
FIRE EAGLE, YAHOO!, INC., AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "FIRE EAGLE ENTITIES") AND FIRE EAGLE LICENSORS DO NOT REPRESENT THAT THE FIRE EAGLE SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE FIRE EAGLE ENTITIES AND FIRE EAGLE LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE FIRE EAGLE
SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS,
COMPLETENESS, OR ADEQUACY OF THE FIRE EAGLE SOFTWARE AND ANY DATA ACCESSED
THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE FIRE EAGLE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
AND LIFE SUPPORT OR WEAPONS SYSTEMS. FIRE EAGLE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF THE FIRE EAGLE SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE FIRE EAGLE ENTITIES OR THE FIRE EAGLE LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE FIRE EAGLE ENTITIES OR
FIRE EAGLE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
THE FIRE EAGLE ENTITIES AND FIRE EAGLE LICENSORS WILL NOT BE LIABLE TO YOU FOR
CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OF THE FIRE EAGLE SOFTWARE BY YOURSELF OR BY THIRD PARTIES, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR
THE FIRE EAGLE ENTITIES AND FIRE EAGLE LICENSORS ARE NOT LIABLE TO YOU FOR ANY
AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE FIRE EAGLE SOFTWARE, YOUR USE OF THE FIRE EAGLE SOFTWARE, ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE FIRE EAGLE SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE FIRE EAGLE SOFTWARE, OR ANY DATA PROVIDED THROUGH THE FIRE EAGLE SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES INCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY OR DEATH TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE FIRE EAGLE SOFTWARE MAY BE DELAYED,
INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE FIRE EAGLE ENTITIES AND
FIRE EAGLE LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. FIRE EAGLE MAY
CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE FIRE EAGLE SOFTWARE OR THE
USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE FIRE EAGLE SOFTWARE AT ANY TIME
WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF
AVAILABILITY AND THE FIRE EAGLE ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR SUCH CHANGES OR DISCONTINUANCES.
You agree to indemnify, defend and hold the Fire Eagle Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Fire Eagle Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
8. Government End Users.
If the Fire Eagle Software and related documentation are used by or on behalf of the United States Government, then the Fire Eagle Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this Software License apply.
9. Controlling Law.
This Software License and the relationship between you and Fire Eagle is governed by the laws of the State of California without regard to its conflict of law provisions. You and Fire Eagle agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The United Nations Convention on the International Sale of Goods does not apply to this Software License.
10. No General Waiver; Severability.
The failure of Fire Eagle to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License shall remain in full force and effect.
11. Complete Agreement.
This Software License and the TOS constitute the entire agreement and understanding between the parties regarding use of the Fire Eagle Software and supersedes all prior and contemporaneous agreements and understandings between you and Fire Eagle. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.
12. Surviving Provisions.
Sections 1, 2, and 4 through 12, will survive any termination of this Agreement.
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