End-User License Agreement
SB2 requires that you accept the following End-User License Agreement before installation can proceed:
IMPORTANT - READ CAREFULY THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”) BEFORE INSTALLING THE SOFTWARE. BY CLICKING THE "YES" BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE "NO" BUTTON AND THE INSTALLATION PROCESS WILL NOT BEGIN.
THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOUR ARE INSTALLING THE SOFTWARE, ("YOU") AND FINJAN SOFTWARE LTD. AND/OR FINJAN INC. (COLLECTIVELY, "FINJAN”), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.
1. GRANT OF LICENSE. Subject to the terms and conditions of these Terms, Finjan grants you a limited, personal, nonexclusive, nontransferable, non-sublicensable license to use, only in binary executable form and script code form only, the Finjan Software, for your internal use. The Software includes third party software such as the Turnabout, Greasemonkey (which is subject to the GNU General Public License that is located at ), Bookburro and BugMeNot that are subject to their respective open source licenses (“Third Party Licenses”). Such Third Party Licenses contain list of conditions with respect to warranty, copyright policy and other provisions. In order to comply with the Third Party Licenses please read the respective licenses which are attached hereto at the end of these Terms.
2. LICENSE RESTRICTIONS. The Software should be installed in accordance with the instructions of Finjan. Except as expressly and unambiguously permitted by these Terms, You may not, nor permit anyone else to, directly or indirectly: (i) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Software, (ii) copy or modify the Software either alone or in conjunction with any other product or program, or (iii) decompile, disassemble or reverse engineer all or any portion of the Software.
3. OWNERSHIP; COPYRIGHT PROTECTION. The Software is licensed, not sold. As between the parties, all title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Software, including all documentation shall remain in Finjan, its affiliates, or their respective suppliers and licensors. Your possession, installation, or use of the Software does not transfer to You any title to the intellectual property in the Software, and You will not acquire any rights to the Software except as expressly set forth in these Terms. These Terms do not give You any rights not expressly granted herein. You may not copy the Software manual(s), on-line documentation, or any written materials accompanying the Software. All title and intellectual property rights in and to the content, which may be accessed through use of the Software, are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. These Terms grant You no rights to use such content.
4. UPDATES. These Terms apply to downloading, installing and using the Software. Finjan may from time to time revise or update its Software. Such updates and revisions will be supplied according to Finjan's then prevailing policies.
5. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. You may terminate these Terms at any time by removing the Software from your system and destroying all copies of the Software and documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with these Terms will result in automatic immediate termination of these Terms and will make available to Finjan legal remedies. Finjan reserves the right to terminate these Terms and the license granted hereunder at any time and without notice. Upon termination of these Terms, the license granted herein will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
The provisions in the paragraphs above labeled OWNERSHIP; COPYRIGHT PROTECTION, TERM AND TERMINATION, HIGH RISK ACTIVITIES, INDEMNITY, BETA VERSION, FALSE POSITIVES, LIMITATION OF LIABILITY AND WARRANTY and MISCELLANEOUS will survive any termination of these Terms.
6. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems) in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage, and You agree not to use or allow the use of the Software or any portion thereof for, or in connection with, any such environment or activity.
7. INDEMNITY. You agree that Finjan shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless Finjan and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to your use of the Software as well as from your failure to comply with these Terms.
8. BETA VERSION. Please note that this is a beta version of SECURE BROWSING. Not all features may be fully implemented or refined. As with any beta version, there may be unresolved issues despite our testing. Do not use this beta version of SECURE BROWSING unless you are comfortable using beta software.
By using the beta version of Software, you agree not to hold Finjan liable for any damages or complications arising from the use of Software. If you encounter any problems during use, please take note of what you were doing and what happened, and contact us through our website.
9. FALSE POSITIVES. Our ratings criteria are strict and our quality control systems extensive, but we know that from time to time we may make mistakes. If you are the owner of a website that you believe has been incorrectly classified, or if you have recently updated your website and want to request reclassification, please contact email@example.com. All owner comments are reviewed, and if we determine a mistake was made we will try our best to correct it quickly. Please note that website owners may not pay to have their sites rated or to have us change or improve their ratings.
10. LIMITATION OF LIABILITY AND WARRANTY..FINJAN, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD PARTY LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. FINJAN DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS or that FINJAN will correct any errors in the Software. FINJAN DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE SOFTWARE. FINJAN DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED INACCURATE OR INCOMPLETE. FINJAN DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING THE SOFTWARE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FINJAN, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD PARTY LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL FINJAN, ITS AFFILIATES, SUBSIDIARIES OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, non-infringement of intellectual property rights OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FINJAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SOFTWARE INCLUDES THIRD PARTY SOFTWARE THAT IS SUBJECT TO THEIR RESPECTIVE OPEN SOURCE LICENSES (INCLUDING, BUT NOT LIMITED TO, THE GNU PUBLIC LICENSE, TURNABOUT, GREASEMONKEY, BOOKBURRO AND BUGMENOT) (“THIRD PARTY SOFTWARE”). ANY THIRD PARTY SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL FINJAN, THE THIRD PARTY SOFTWARE OWNERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE THIRD PARTY SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT FINJAN, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE. . YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE.
11. GOVERNMENT USE. If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Software by the Government shall be governed solely by the terms of these Terms.
12. EXPORT CONTROLS. You acknowledge that the Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments.
13. PRIVACY. Finjan is committed to respecting your privacy and the confidentiality of your personal data. While we do not generally collect information about the webpages our users visit, if You install the Software on your computer, URLs showing on your browser will be send to Finjan’s server. Each URL will be inspected and result with a safety ranking icon which will advise You whether its safe to visit such URLs without being infected with virus and/or spyware. In order to perform these checks, our Software must tell our servers what URL’s You visit.
The Software will not send any personal information about You with respect to the URLs that You visit online. Furthermore, Finjan does not store any personal information on its servers regarding such URLs, including information about URLs You visit online or about what You do online. Finjan may keep the safety ranking results of the URLs that our users visit to identify malicious URLs for other business uses.
If we can address any further concerns, please let us know.
14. MISCELLANEOUS. These Terms represent the complete agreement concerning the Software between You and Finjan and supersedes all prior agreements and representations between You and Finjan. Finjan reserves the right to modify these Terms at any time by providing such revised terms to You or by publishing the revised terms on the Finjan’s website. The revised Terms shall become effective within seven (7) days of such publishing or provision to You, unless You expressly accept the revised Terms earlier by clicking on the accept button. The express acceptance by You, or your continued use of the Software after expiry of the notice period of seven (7) days, shall constitute your acceptance to be bound by the terms and conditions of the revised Terms. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of these Terms will be effective only if in writing and signed by Finjan and/or a third party who make its software available in conjunction with or through the Software. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Finjan and any action or conduct in violation of the foregoing shall be void and without effect. Finjan expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. These Terms are governed by and construed under the laws of the State of California as such law applies to agreements between California residents entered into and to be performed within California. Unless otherwise elected by Finjan in writing for a particular instance (which Finjan may do at its option), the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts in Santa Clara County, California. You hereby agree to service of process in accordance with the rules of such courts. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover costs and attorneys' fees.
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