FIRESTORM LAB LIMITED END-USER LICENSE AGREEMENT FOR SNAP WEB BROWSER
PLEASE READ THE TERMS AND CONDITIONS WITHIN THIS AGREEMENT CAREFULLY BEFORE INSTALLING, DOWNLOADING, AND/OR USING THIS PRODUCT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD, INSTALL, OR USE THIS SOFTWARE.
The End-User License Agreement ("EULA" or "this Agreement") is a legal agreement between you, hereinafter ("the User"), either as an individual or a single entity, and Firestorm Lab Limited ("Firestorm"), collectively ("the Parties"). The parties acknowledge that this Agreement is not concluded with Apple. By installing, downloading, and/or using SNAP Web browser the User agrees to be bound by the terms and conditions of this Agreement, for any identified Firestorm product(s), including, but not limited to, the SNAP Web browser, associated software components, printed materials, electronic documentation, or any other tangible or intangible asset of Firestorm, collectively ("the Product"). The User further understands that Firestorm is only willing to grant a license for the Product under the condition that the User accepts the terms and conditions of this Agreement. This license agreement represents the entire EULA and supersedes any prior offer, agreement, or understanding between the Parties.
1. License: Firestorm hereby grants the User a non-exclusive, non-transferable, non-sub-licensable, limited license for installing and using the Product on any Apple iPad, in compliance with the terms of this Agreement and as permitted by the Usage Rules set forth in the App Store Terms of Service. The User is permitted to use the Product on above mentioned devices owned or controlled by the User.
2. Other Rights and Limitations: The User's rights are strictly limited to the intended use described by section 1, meaning, the User is not allowed to alter, adapt, decompile, reverse engineer, or in any other way change or take wilful advantage of the appearance, functions, or intended purpose of the Product, except as permitted by applicable law. Further, the User is not allowed to in any way distribute, lease, rent, sell, lend, or in any other way allow usage of the software to any third party without written consent from Firestorm.
All use of the Product must comply with all applicable local, as well as international, laws, treaties and regulations 3. Third-party Software: The terms, conditions, and limitations within this Agreement do not affect third party software accessed through the Product. Any third party software might be subject to other terms and conditions not described or mentioned within this Agreement.
4. Proprietary Rights: The Product is protected by national and international copyright, patent and trademark laws, international copyright treaties' and other intellectual property laws. You are expressly put on notice of the contents of the patent application PCT/GB2012/051268. The User understands that the Product is licensed and not sold under this agreement; thereby no proprietary rights are transferred. All title, including but not limited to copyrights, trademarks, and other intellectual property is the sole property of Firestorm and/or its affiliates. The User further acknowledge that the Product contains source code, structures, trade secrets, and other proprietary rights considered confidential information owned by Firestorm. All title, copyright, or other intellectual property accessible through the Product is the property of the respective content owner.
5. User data: You agree that Firestorm may collect and use information relating to your use of this Product, including your selection of websites, your organization of websites, the graphical icons (Mycons) that you construct and may distribute, use or share any of this information internally within Firestorm and with any third party, for any purpose whatsoever, provided that you are not identified without your specific prior consent.
6. Term and Termination: The license commences upon the User's receipt of the Product and is effective until terminated by the User or Firestorm. The User's right and license under this Agreement are automatically, without notice, terminated upon failure to comply with any of the herein stated terns or conditions. Upon termination of the license, the User is obligated to cease all use and destroy all, full or partial, copies of the Product.
7. Maintenance and Support: Firestorm is solely responsible for providing any maintenance and support services with respect to the Product, as specified in this Agreement, or to the extent required under applicable law. Firestorm and the User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Product.
8. No Warranties: The User expressly acknowledge that the Product is distributed "As Is" without any implied or expressed warranty, except to the extent provided by applicable law. All use is at the User's sole risk and Firestorm does not warrant the accurateness of any information, text, links, graphics, images, or any other information accessed with, or contained within, the Product. Firestorm disclaims all warranties and/or responsibility respecting harm caused by viruses, worms, Trojan horses, or any other malicious software. The no warranty disclaimer applies for all authorized use and includes claims from third parties.
The Parties acknowledge that Firestorm, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Product or the User's possession and/or use of that Product, including, but not limited to: (i) product liability claims; (ii) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that this Agreement will not limit Firestorm's liability to the end-user beyond what is permitted by applicable law.
In the event of any failure of the Product to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Product to that User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Product.
9. Limited Liability: In no event, to the extent prohibited by law, shall Firestorm, or any of its associates, be liable for any damages including, without limitations, lost of profit, business interruption, lost of information, lost of data, personal injuries, or any other incidental, or intentional, special, indirect or consequential damage, whatsoever, rising out of the User's ability or non-ability to use the Product.
10. Indemnity: The Parties acknowledge that, in the event of any third party claim that the Product infringes that third party's intellectual property rights, Firestorm, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
In no event, to the extent prohibited by law, shall Firestorm, or any of its associates, be liable for any damages including, without limitations, lost of profit, business interruption, lost of information, lost of data, personal injuries, or any other incidental, or intentional, special, indirect or consequential damage, whatsoever, rising out of the User's usage of the Product. Neither shall Firestorm, nor any of its associates, be held responsible for any infringement of third party intellectual property rights rising from the use of the Product, and you shall indemnify us in response to any an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person arising out of your use of the Product.
11. Relief: The User hereby acknowledges that the Product contains proprietary, valuable, and confidential information owned by Firestorm. Any infringement, violation, breach, or other damaging action against the property described within section 1, 2 and/or 4 would cause immediate and irrevocable damage to Firestorm and the Product, which for monetary damages would be an inadequate remedy and an injunctive relief, if necessary, an appropriate action.
12. Legal Compliance: The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
13. Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of England. The parties agree that the Courts of England are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this agreement.
14. Developer Name and Address: The User agrees to direct all questions, complaints or claims with respect to the product to Firestorm Lab Ltd., 37 Redington Road, London, NW3 7QY, United Kingdom, email: firstname.lastname@example.org.
15. Third Party Beneficiary: Firestorm and the User acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and that, upon the User's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.