PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA") BEFORE DOWNLOADING, INSTALLING OR USING THE FLUXBEE SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY THE "SOFTWARE APPLICATION"). THE APPLICATION DOES NOT INCLUDE THIRD-PARTY APPLICATIONS (AS DEFINED IN SECTION 1 BELOW) OR OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 3 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN FLUXBEE TOOLBAR ("FLUXBEE") AND YOU. THIS EULA (WHICH IS AVAILABLE AT http://www.fluxbee.com/EULA), THE FLUXBEE PRIVACY POLICIES AND THE CONTENT SHARING TERMS OF SERVICE (WHICH ARE AVAILABLE AT www.Fluxbee.com), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE, GOVERN YOUR ACCESS TO AND USE OF THE SOFTWARE.
Fluxbee is willing to license the Software Application to you only upon the condition that you accept all the terms contained in this EULA. By selecting the "Next" button (or similar language provided by us) or by downloading, installing or using the Software Application, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
We recommend that you print out or save a local copy of this EULA for your records. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then Fluxbee is unwilling to license the Software Application to you and you may not access or use the Software.
In addition, by accessing and using the Software Application you acknowledge and agree to the privacy and legal policies contained hereof.
Fluxbee reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Fluxbee materially modifies this EULA it will post the updated EULA as part of a drop down menu from the Software Application via a hyperlink or by other reasonable means now known or hereafter developed. By continuing to use the Software Application after Fluxbee has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to cease using the Software.
1.1. Conditioned upon your compliance with the terms and conditions of this EULA, Fluxbee hereby grants to you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to install and use the executable form of the Software Application on a single computer or device, solely for your personal use, provided that you use the Software Application on a computer owned or controlled by you. You may make a single copy of the Software Application for backup purposes. Fluxbee reserves all rights in the Software Application not expressly granted to you in this EULA. 1.2. As part of the installation process of the Software Application, you may opt to add certain changes to your Internet Browser settings. Such changes may be approved by you in advanced and can be reconfigured by you at any time from the "Options Menu" available in the Software Application and/or in the configuration options available on your Internet Browser. Such changes may include, without limitation, the following: 1.2.1. Change of the default search engine in your Internet Browser's built-in search box, if applicable; 1.2.2. Change of the default Homepage of your Internet Browser, if applicable; 1.2.3. Addition of alternative "Page not Found" functionality, if applicable; 1.2.4. Additional search related services; 1.2.5. Allowing software updates of the Software Application once a new version is released. 1.3. To uninstall the Software Application, you may use the standard uninstall procedures offered by your computer's Operating System or your Internet Browser. For example: 1.3.1. Uninstall from Internet Explorer - go to the Microsoft Windows "Add/Remove Programs" menu in either the My Computer/Control Panel option or the Settings/Control Panel option. Once you access the Control Panel option, select "Add/Remove Programs", find the Software Application in the list of installed applications and click on it, then click on the "Change/Remove" button. 1.3.2. Uninstall from Firefox - go to the "Tools" Menu, Select "Extensions", find the Software Application in the list of installed extensions and click on it, the click on the "Uninstall" button. 1.3.3. Uninstall from Safari - go to the "Finder" application, Select Software Applications, find the Software Application folder and click on it, Select the Software Application name you wish to uninstall, then double click on the "uninstall" application, a "User name & Password" dialog window will be opened in which you will have to fill the required fields and to accept the operation. For other examples please refer to the standard uninstall procedures offered with your computer's Operating System or your Internet Browser
2.1. Except as expressly specified in this EULA, you may not: (a) copy or modify the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software Application to any third party; or (c) use the Software Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Software Application, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Fluxbee and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Software Application provided in object code or any other Fluxbee products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. 2.2. Any Open Source Software that may be accompanying the Software Application is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein "Open Source Software" is open source software components provided with the Software Application that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Software. This EULA does not apply to any Open Source Software accompanying the Software Application and Fluxbee hereby disclaims any and all liability to you or any third party related thereto.
3.1. The Software Application is licensed, not sold. You agree that Fluxbee owns all right, title and interest in and to the Software Application, including without limitation all intellectual property rights therein. The Software Application is protected by United States (or other countries) copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software Application as delivered to you. 3.2. All rights in the Third Party Software Applications, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. Fluxbee is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Software Applications.
4.1. Fluxbee is committed to protecting the privacy and legal rights of the publishers and the users that use the Fluxbee Platform. Fluxbee does not collect the personally identifiable information of users via the Software Application or Third Party Software Applications. In addition, as part of Fluxbee’s terms of service and user agreements, among other requirements, Fluxbee prohibits the violation of a user’s privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by Fluxbee, in its sole discretion. The Fluxbee Privacy Policies (available at http://www.fluxbee.com/privacy-policy) contain information about Fluxbee’s policies and procedures regarding the collection, use and disclosure of information Fluxbee receive from users of the Fluxbee Platform. 4.2. If you believe that your legal or privacy rights have been violated while using the Software Application or Third Party Software Applications, Fluxbee encourages you to report such matters to Fluxbee at your earliest convenience (to report, please contact us at http://www.fluxbee.com/contact-us. Fluxbee will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Fluxbee’s commitment to providing a positive user experience.
You agree to comply with all applicable laws, rules and regulations when using the Software Application. You will not use the Software Application to infringe anyone’s copyrights.
Fluxbee is not obligated to maintain or support the Software Application, or to provide you with updates, fixes, or services related thereto.
Any use, duplication, or disclosure of the Software Application by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is Fluxbee Toolbar.
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software Application nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
You expressly acknowledge and agree that you assume all the responsibility and risk for your use of the Software Application and the results and performance thereof and your use of any Third Party Software Applications.
THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. FLUXBEE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLUXBEE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. FLUXBEE DOES NOT REPRESENT OR WARRANT THAT: (I) THE APPLICATION OR ANY THIRD PARTY APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE APPLICATION OR ANY OF THIRD PARTY CONTENT WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE APPLICATION, ANY THIRD PARTY CONTENT AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE APPLICATION OR ANY THIRD PARTY APPLICATION, INCLUDING WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE FLUXBEE GROUP (DEFINED BELOW) AND FLUXBEE’S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. FLUXBEE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE APPLICATION OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE APPLICATION OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO UNINSTALL AND CEASE USE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL FLUXBEE, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "FLUXBEE GROUP") AND FLUXBEE’S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE APPLICATION OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE FLUXBEE GROUP OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL FLUXBEE’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Fluxbee Toolbar harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable attorney’s fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to or are based on your breach of this EULA or your use of the Software Application or a Third Party Software Application.
Your license to use the Software Application under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing use of all or any of the Software Application and by destroying all copies of the Software Application in your possession and control. This EULA and the license granted to you under this EULA terminate automatically if you breach any term of this EULA. Upon termination, you must at Fluxbee’s option either promptly destroy or return to Fluxbee all copies of the Software Application in your possession or control. Sections 1, 2, 4, 6 through 11, 13 and 14 shall survive the termination of this EULA.
(a) This EULA and all the policies referenced herein constitute the entire agreement between Fluxbee and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Fluxbee. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of New York, without regard to its conflicts of laws provisions. All actions relating to this EULA and the Software Application shall be brought in the competent court in the State of New York. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Fluxbee reserves the right, at our discretion, to update or revise this EULA. (f) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (g) You may not assign your rights under this EULA to any party without Fluxbee’s consent. (h) If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. (i) Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and Fluxbee, and you do not have any authority to create any obligation or make any representation on Fluxbee’s behalf. (j) If you have any questions about the Software Application, please visit our website at www.Fluxbee.com .