Webaroo Search Radar requires that you accept the following End-User License Agreement before installation can proceed:
Last Updated: October, 2006
We will provide the Webaroo Service ("Service") and related software ("Software") to you subject to the terms of this Service and License Agreement.
By using the Service or Software, you agree to be bound by this Agreement and use the Service and Software in compliance with this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE OR SOFTWARE. The terms "you," "your," and "yours" refer to you, the customer using the Service or Software. The terms "Webaroo," "we," "us," and "our" refer to Webaroo Inc. We may periodically make changes to this Service and License Agreement. It is your responsibility to review the most recent version of our Service and License Agreement frequently and remain informed about any changes to it.
At this time we do not require you to enter any personal information when downloading and using the Service.
Only you are authorized to use your account to use the Service and conduct other activities with us. You are responsible for all activities that occur through your account. Please notify us immediately of any unauthorized use of the Software or Service or any other breach of security.
The Service and Software is not intended for or directed to persons under the age of 13. If you register for an account with us, you represent to us that you are 13 years of age or older.
As of the date stated above, the Service and Software are provided to you free of charge. We reserve the right to change our fees or billing methods at any time by providing you notice of any change at least 30 days in advance. If any change is unacceptable to you, you may terminate your account by responding to our notice within 30 days of receipt.
You have the right to terminate your account at any time. Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Service, the Software, or this Agreement.
We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service.
Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.
Access to the Service/ Modifications to the Service
We do not provide you with the equipment to access the Service or use the Software. You are responsible for all fees charged by third parties to access the Service (e.g., data charges by wireless carriers). The Service includes functionality that uploads non-personal portions of the content that users download from the Service to the network to speed operation for all users. By agreeing to this license and using the Service, you understand that this functionality is an integral part of the Service.
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service.
You must comply with all applicable laws, including U.S. export control laws, when using the Service and Software. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available through the Service or Software ("Service Content") or compile or collect any Service Content as part of a database or other work; (b) use any automated tool ( e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Service Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service, Software, or Service Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service or Software; (f) use the Service or Software in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service, Software, or Service Content.
License to Software
Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to (a) install and use one copy of the Software on a single personal computer and (b) install and use one copy of the Software on a single mobile device, in each case solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement.
Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software.
Links and Third Party Content
The Service and Software will enable you to store third party content (e.g., web pages) and may contain links to third party products, services, and websites. We exercise no control over the third party content, products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party content, products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party content, products, services, and websites.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT IS AT YOUR SOLE RISK. SERVICE, SOFTWARE, AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBAROO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE CONTENT, AND YOU RELY ON THE SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBAROO OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
WEBAROO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBAROO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, SOFTWARE, AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL WEBAROO'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBAROO FOR THE SERVICE OR SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please see the Copyright information provided on our web site for problem resolution.
You will indemnify and hold Webaroo, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, Software, or Service Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service, Software, or Service Content.
Updates to this Service and License Agreement
We may occasionally update this Service and License Agreement. When we do, we will place "last updated" date on the Service and License Agreement. You should check this Service and License Agreement frequently to see recent changes. By continuing to use your account, the Service, or Software, you consent to any updates to this Service and License Agreement. This version of the Service and License Agreement supersedes all earlier versions.
You agree that all matters relating to your access to, or use of, the Service and Software shall be is governed by the laws of the State of Washington, excluding conflicts of law principles. Any legal actions against Webaroo must be commenced in the State of Washington within one year after the claim arose. You consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
Webaroo makes no representation the Service or Software is appropriate or available for use in all countries, and prohibits accessing the Service or Software from any jurisdiction that does not enforce agreements with respect to governing law, including without limitation the governing law provision in the foregoing paragraph. You access the Service or Software on your own initiative and at your own risk and are responsible for compliance with all laws applicable to your use of the Service or Software. If you are located outside of the United States, please note that the Service and Software is hosted on our computer servers in the United States. Any personally identifiable information submitted to us in connection with the Service or Software will therefore be transferred to the United States, a jurisdiction that might not provide an equivalent level of protection as the data protection laws in your home country. You agree that by using of the Service or Software or submitting any personally identifiable information you thereby expressly consent to and authorize these transfers.
If you have any questions or concerns about this Service and License Agreement or the Service or Software, please send us a thorough description by email to firstname.lastname@example.org.