Spectator 2a9

End-User License Agreement

Spectator requires that you accept the following End-User License Agreement before installation can proceed:

MOZILLA SPECTATOR ™ END-USER SOFTWARE LICENSE AGREEMENT

February 2008

This Mozilla Spectator ™ End User Software License Agreement (“Agreement”) is a legal agreement between you, whether personally or on behalf of an entity (“you”) on the one hand, and Mozilla Foundation and Mozilla Corporation (collectively, “Mozilla”) on the other hand regarding the license of the Mozilla Spectator™ Firefox Add-On (“Firefox Add-On”) you have chosen to download from the Mozilla Add-On website (“Website”) located at https://addons.mozilla.org/en-US/firefox/. The Firefox Add-On is licensed to you subject to the terms of this Agreement.
A SOURCE CODE VERSION OF CERTAIN PROJECT FUNCTIONALITY THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM http://mxr.mozilla.org/firefox/source/extensions/metrics/. UNDER THE MOZILLA PUBLIC LICENSE and other open source software licenses and subject to Mozilla’s Trademark Policy located at http://www.mozilla.org/foundation/trademarks/.

The accompanying executable code version of Project the Firefox Add-on is made available to you under the terms of this Agreement. BY CLICKING THE “ACCEPT” BUTTON, OR BY INSTALLING OR USING THE MOZILLA FIREFOX ADD-ON, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE PROJECT.

1. License Grants.

Mozilla grants you a terminable, non-sublicensable, non-transferable, non-exclusive license to install and use Firefox Add-On on all of your computers solely for your personal use. This Agreement will also govern any software upgrades provided by Mozilla that replace and/or supplement the original Firefox Add-On, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

2. Termination.

If you breach this Agreement, your right to use the Software will terminate immediately and without notice, but all provisions of this Agreement except Section 1 (“License Grants”) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Software.

3. Proprietary Rights.

The software for the Firefox Add-On is available in source code form under the terms of the Mozilla Public License and other open source licenses (collectively, “Open Source Licenses”) at http://www.mozilla.org/MPL/. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, Mozilla, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Software, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the software of the Firefox Add-On. This license does not grant you any right to use the trademarks, service marks or logos of Mozilla or its licensors.

4 Privacy Policy.

You agree to the terms of the Mozilla Spectator Extension™ Privacy Policy (“Privacy Policy”), made available online at https://addons.mozilla.org/en-US/firefox/addon/6326, as that policy may be changed from time to time. When Mozilla changes the Privacy Policy in a material way a notice will be posted on the website at https://addons.mozilla.org/en-US/firefox/addon/6326 and, the updated Privacy Policy will be posted at the above link. It is your responsibility to ensure that you understand the terms of the Privacy Policy, so you should periodically check the current version of the policy for changes.

5. Disclaimer of Warranty.

THE SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND MOZILLA’S DISTRIBUTORS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SOFTWARE FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

6. Limitation of Liability.

EXCEPT AS REQUIRED BY LAW, MOZILLA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE “MOZILLA GROUP”) WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE MOZILLA GROUP’S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY YOU UNDER THE LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

7. Export Controls.

This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Software and its use.

8. U.S. Government End-Users.

This Firefox Add-On is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Software with only those rights as set forth therein.

9. Dispute Resolution.

(a) Binding Arbitration.

In the event a dispute arises between the parties out of or in connection with or with respect to this Agreement or any breach thereof, such dispute shall be determined and settled by arbitration in Santa Clara County, California, in accordance with the rules of the American Arbitration Association (“AAA”), and the laws of California shall be applied. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in any court of competent jurisdiction. The Company and Consultant shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses unless otherwise required by law. Nothing in this Section shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief. In any court action at law or equity that is brought by one of the parties to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, in addition to any other relief to which that party may be entitled.

(b) Injunctive Relief and Confirmation Proceedings.

Notwithstanding the foregoing, Mozilla will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.

(c) Jurisdiction and Venue.

In the event of litigation or to compel arbitration or to enforce an arbitration award under Section 11(a), or to obtain an injunction under Section 11(b), the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California.

10. Miscellaneous.

This Agreement constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Mozilla. Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Except as required by law, English is the controlling language of this Agreement. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.

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