Source Code License
Terms & Conditions
Please read carefully
These User Terms govern your relationship with Netcraft Ltd ("Netcraft, we, our or us") and your use of the Netcraft Toolbar (the "Toolbar"). These User Terms affect your rights and liabilities under the law. If you do not agree to these User Terms, please do not download or use the Toolbar.
THESE USER TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS
1. Use of the Toolbar
The Toolbar is provided to you for your personal use subject to these User Terms. By using the Toolbar you agree to be bound by these User Terms.
The functionality of the Toolbar is provided by means of a user interface implemented as a toolbar on your computer and a central server managed by us.
We may update these User Terms from time to time and any changes will be notified to you via a suitable announcement via the Toolbar. The changes will apply to the use of the Toolbar after we have given notice. If you do not wish to accept the new User Terms you should not continue to use the Toolbar. If you continue to use the Toolbar after the date on which the change comes into effect, your use of the Toolbar indicates your agreement to be bound by the new User Terms.
The Toolbar is protected by copyright, trade marks, database and other intellectual property rights. Subject to your acceptance of these User Terms, we grant you a non-exclusive, non-transferable and non-assignable licence to download, install and use the Toolbar for your own personal, non-commercial enjoyment either at home or work. You must obtain our permission in writing beforehand if you want to carry out any commercial activity which involves using the Toolbar or any software or information associated with, or derived from, it. If you would like to do this, contact us at firstname.lastname@example.org.
You may not otherwise reproduce, modify, copy, distribute, reverse engineer or use for commercial purposes any of the software or content in the Toolbar without written permission from us. No additional licence is granted to you to use any trade mark of Netcraft or its affiliated companies including, without limitation, the trade mark "Netcraft".
Your access to the Toolbar may be occasionally interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5. Excluded services
The provision of the Toolbar does not include the provision of computer or other necessary equipment or compatible software to download, install and use the Toolbar. To use the Toolbar you will require Internet connectivity and appropriate telecommunication links. We will not be liable for any telephone or other costs that you may incur.
Although we aim to offer you the best possible service, the functionality of the Toolbar relies on information collected from a number of sources and while we try to ensure that the Toolbar facilitates a safe use of the Internet, we cannot accept responsibility if this is not the case. We cannot guarantee that the Toolbar will be fault free and you must bear the risks associated with the use of the Internet.
We will not be responsible for any technical problems you may experience with the Toolbar. If we are informed of any inaccuracies in the functionality of the Toolbar we will attempt to correct the inaccuracies as soon as we reasonably can. We make no promise that the Toolbar will meet your requirements. In particular, we disclaim all liabilities in connection with the following:
* incompatibility of the Toolbar with any of your equipment, software or telecommunications links
* technical problems including errors or interruptions of the Toolbar
* unsuitability, unreliability or inaccuracy of the Toolbar
* inadequacy of the Toolbar to meet your requirements
We welcome comments or suggestions on how to improve the Toolbar. Please send these to email@example.com and note that by doing so, you also grant Netcraft permission to use and incorporate these ideas and suggestions into the Toolbar.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Toolbar.
Nothing in these User Terms shall exclude our liability for personal injury or death caused by our negligence.
8. Advertising and sponsorship
Part of the Toolbar may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Toolbar complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
9. Applicable Law
These User Terms will be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
You may not assign, sub-license or otherwise transfer any of your rights under these User Terms.
If any provision of these User Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these User Terms, which shall remain in full force and effect.
If you breach these User Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the User Terms.
We will not be responsible for any breach of these User Terms caused by circumstances beyond our control.
A person who is not a party to these User Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this will not affect any right or remedy of a third party which exists or is available apart from that Act.
The Toolbar is owned and operated by Netcraft Ltd a company registered in England and Wales whose registered office is at 2 Belmont, Bath, BA1 5DZ.
If you have any queries, please contact us at firstname.lastname@example.org.