Trovi End-User License Agreement
IMPORTANT NOTICE TO USERS WHO DOWNLOADED THE CONDUIT LTD. SOFTWARE AND ITS RELATED SERVICES AND FEATURES (TOGETHER, THE “SOFTWARE”) BEFORE JANUARY 1, 2014.
Due to the restructuring of Conduit Ltd. (“Conduit”), as of January 1, 2014, the Software will be operated and provided by ClientConnect Ltd. (“ClientConnect”) instead of Conduit. For all intents and purposes, ClientConnect will take Conduit’s place as the party to the Agreements.
As of January 1, 2014, the Agreements, in their entirety, including all of Conduit’s rights, performance, duties, liabilities, and obligations contained therein, will be assigned and delegated to ClientConnect. You acknowledge and agree that with this assignment and delegation, Conduit is released from all its duties, liabilities, and obligations under the Agreements.
In order to enable your continuous and uninterrupted use of the Software, Conduit has temporarily licensed its registered trademarks and trade names to ClientConnect. Hence, you may still see Conduit’s trademarks and trade names appearing in the Software, such as in offer screens or on other Software-related pages.
Trovi is willing to license the Trovi Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" or “Agree & Install” button (or similar language provided by us) or by downloading, installing, or using the Trovi Software, you acknowledge and agree that you have read and understood this EULA and accept all of its terms.
We recommend that you print 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 Trovi is unwilling to license the Trovi Software to you and you may not access or Use any of the Trovi Software. Any Use of the Trovi Software by you under these circumstances will be considered a violation of intellectual property laws and may subject you to civil and/or criminal penalties.
Trovi 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 Trovi materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the Trovi Software via a hyperlink or by other reasonable means to notify you of the changes. Trovi will also amend the "Last updated” date at the end of this Agreement. By continuing to Use the Trovi Software after Trovi 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 uninstall the Trovi Software. This Agreement will also govern any software upgrades and/or updates provided by Trovi that upgrade and/or supplement the Trovi Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
2. The Trovi Software and Third-Party Software.
Trovi offers a number of different types of Trovi Software as described below. If you have downloaded any of the following Trovi Software applications, the relevant section below will apply to you accordingly:
2.1 Toolbar: Trovi offers the Toolbar (“Toolbar”) that may be customized by third parties (each of these third parties is referred to as a “Publisher”) and then distributed to you via Publishers. Following your agreement to this EULA, the Toolbar is in Use on your computer and/or mobile device. Certain Toolbars may include web search box(es) and other features as further detailed in Section 3 below. By Using the Toolbar, you may enable Trovi to access, use, and collect a variety of information, both personal and non-personal, regarding your Internet Browser, your browsing habits, and information about your computer (additional information is further detailed in Section 3 below).
Third-Party Software will have their own terms and conditions and privacy policies and we urge you to review them prior to using them as your use of such Third-Party Software is subject to those terms and conditions and privacy policies. Third-Party Software is not owned by Trovi. Trovi is not responsible for any Third-Party Software and you acknowledge that Third-Party Software may be modified or removed by its respective content owners at any time. You assume all responsibility and risk of use of any Third-Party Software and Trovi hereby disclaims any and all liability to you or any third party related thereto. Trovi does not have any obligation to examine or scan Third-Party Software, for any purpose, and is not responsible for the accuracy, completeness, appropriateness, or legality of any Third-Party Software. The fact that Third-Party Software is available via the Toolbar or otherwise is not an endorsement or authorization by Trovi of any third party, nor is it an endorsement of such Third-Party Software, and you hereby waive any legal or equitable rights or remedies you have or may have against Trovi with respect thereto.
In addition to the Trovi Software licensed to you, Trovi also provides a platform to Publishers and other third parties in which they are presented with a large number of tools to enable them to create interesting and unique apps, buttons, and gadgets that they may distribute to you within the Toolbar. Some of these tools may give these third parties the ability to access, collect, store, and/or share your information. Again, such Publisher’s apps should be accompanied by terms and privacy policies describing the policies and information collection practices of the Publishers. As Trovi is merely the provider of the technology and these third parties are using it and making it available to you, such Publishers’ apps are also considered Third-Party Software.
2.2 Search Protect. Search Protect is a free desktop application that saves your preferred home page and default search settings so that they can't be changed by software you download from the Internet. Search Protect may alert you if a third party attempts to change your Browser's home page or default search settings. When you set your Browser's settings using Search Protect, they will be saved automatically on Chrome™, Firefox®, and Internet Explorer®. Located on your desktop's taskbar, Search Protect lets you manage your Internet Browser's home page and default search settings at any time by clicking the “Settings” link in the Search Protect dialogue box accessed via the System Tray or by going to the Tools/Settings/Options tab on your Browser.
Search Protect may contain certain third-party free/libre/open-source software ("FLOSS") components which are governed by their respective licenses, not the EULA or this Addendum. A list of FLOSS components and their respective licenses is included in the LICENSE, which is incorporated by reference to this EULA. By downloading or using Search Protect in any way, you are accepting and agreeing to be bound by all licenses specified in the LICENSE file attached, in their entirety.
Value Apps may also be added/enabled/integrated/installed, whether on your Internet Browser (which may include both your active Internet Browser and any other compatible Internet Browser(s) that resides on your computer), or as a desktop application, upon installation of certain software or extensions (“Extension”). At any time, you will be able to disable/uninstall Value Apps from your Internet Browser or your computer’s operating system, as applicable and as explained below.
If you are installing Value Apps that include Apps provided by Trovi, then such Apps may include additional terms that specifically apply to them and will be presented with them (“Addenda”). Upon your Use of such Apps, their Addenda will become part of your agreement with Trovi in addition to the terms of this EULA.
Each Partner may use data, information, text, offers, trademarks or service marks, layout, design, links, web pages, images, software and code, photos, audio or video content, and/or visual works and components it owns or controls (collectively “Partner Data”) within its App. Trovi does not have control of, nor does it take any responsibility for any Partner Data provided to you within each and every App.
Trovi reserves the right to update the list of Apps on your Settings page periodically by adding and/or removing Apps in order to upgrade and optimize Value Apps and the Apps and offers provided to you therein for better performance and improved user experience. If Trovi updates the list of Apps, it will notify you of the new Apps added on your Settings page or by other reasonable means via a drop-down menu of the Extension or otherwise from the Value Apps User Interface (in your Internet Browser or in the programs menu of your computer’s operating system, as applicable). By downloading and Using Value Apps, you hereby agree that Trovi may change the Settings of Value Apps, add additional Apps, or remove existing Apps from Value Apps, in order to improve and optimize your experience with Value Apps, while keeping the number of impressions (pop-ups) to a minimum.
For the avoidance of doubt, the Toolbar, Search Protect, Value Apps, and any other feature or service provided by Trovi is, and shall be, referred to in the EULA jointly and severally as the Trovi Software.
3. License to Software and Use.
3.1 Conditioned upon your compliance with the terms and conditions of this EULA, Trovi hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable, and Use the Trovi Software on a single computer or device (whether mobile device or other), solely for your personal Use, provided that you Use the Trovi Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Trovi Software for backup purposes. Trovi reserves all rights in the Trovi Software not expressly granted to you in this EULA.
3.2 With respect to any Third-Party Software or Apps that may accompany or be embedded into any Trovi Software, you acknowledge and agree that your use of such Third-Party Software or Apps shall also be subject to its respective usage and privacy terms.
3.3 Trovi Software. As part of the installation process of the Trovi Software (including the Toolbar and Search Protect), we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings and/or your mobile device settings and/or your social network account settings. By Using the Trovi Software, you agree that you have approved such changes and you understand that you can reconfigure such settings at any time from the "Options Menu" available in the Trovi Software (to the extent that there is such a menu), in the Settings options of your Internet Browser (for example, for web-search related changes) and/or in your mobile device or from within your social network account. Such changes may include, without limitation, the following:
3.3.1. Change of the default search engine in your Internet Browser, including your Browser's built-in search box, if applicable, and address bar;
3.3.2 Change of the default home page and/or new tabs of your Internet Browser, and protect your search settings, if applicable;
3.3.3 Addition of alternative error page functionality, such as “Page Not Found”, if applicable;
3.3.4 Additional search-related services;
3.3.5 Allowing software updates of the Trovi Software once a new version is released and the ability to send you notifications;
3.3.6 Allowing Trovi access to location-based information (although if you Use the Trovi Software on a mobile device, this permission should be requested separately as part of the installation of the Trovi Software); 3.3.7 Allowing Trovi access to information contained on your social network account and/or site (which you must explicitly and separately opt in to);
3.3.8 Allow first-party publisher or Partner Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls.
To uninstall the Trovi Software, you may use the standard uninstall procedures offered by your device's Operating System or your Internet Browser, as applicable. The list below may assist you in choosing the most applicable option for your operating system and/or Browser.
1. To uninstall software applications in Windows, click Start > Control Panel > Add / Remove Programs, and then choose the software you want to uninstall.
2. You can also uninstall software applications in Windows by going to Start Menu > Computer > C Drive > Program Files or Program Files (x86) > [program name] > Right-click > Delete.
3. To uninstall Internet Explorer Add-ons (Windows), click the settings icon on Internet Explorer > Manage add-ons > Toolbars and Extensions, and then choose the extension you would like to uninstall.
4. To uninstall Firefox extensions (Windows or Mac OSX), click Tools on Firefox > Add-ons > Extensions, and then choose the extension you would like to uninstall.
5. To uninstall Chrome extensions (Windows or Mac OSX), click the Chrome menu (or wrench icon) > Settings > Extensions, and then choose the Extension you would like to uninstall.
6. To uninstall Safari extensions (Windows or Mac OSX), click the Safari Settings menu or File > Preferences > Extensions, and then choose the extension you would like to uninstall.
To uninstall the Toolbar from your mobile device, please refer to your mobile device instruction manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the Toolbar you wish to delete until it shakes, you will get an “x” in the corner of the Toolbar icon and you can tap the “x” to delete the software.
Please note that the Toolbar may include one or more executable files, therefore if you wish to uninstall one or more Toolbar files, please make sure to look for the specific Toolbar name on your computer or mobile device.
4.1 Except as expressly specified in this EULA, you may not: (a) copy or modify the Trovi Software; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Trovi Software to any third party; or (c) Use the Trovi Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Trovi Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Trovi and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Trovi Software provided in object code or any other Trovi 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.
4.2 Any Open-Source Software that may be accompanying the Trovi Software 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" means Open-Source software components provided with the Trovi Software 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 Trovi Software. This EULA does not apply to any Open-Source Software accompanying the Trovi Software and Trovi hereby disclaims any and all liability to you or any third party related thereto.
4.3 Trovi Software may contain certain Third-Party components embedded therein (“Third-Party Components”). Such Third-Party Components are owned by their respective owners. You acknowledge and agree that the Third-Party Components are a proprietary product of their respective owners and licensors. You further acknowledge and agree that any and all right, title, and interest in and to the Third-Party Components, including associated intellectual property rights, are and shall remain the sole and exclusive property of their respective owners and licensors. This Agreement does not convey to you an interest in or to the Third-Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement. You may not remove or modify any markings or proprietary rights notices that appear on the Third-Party Components. To review the Third-Party Components and their respective licenses, click here.
4.4 You may not Use the Trovi Software in any manner that could: (i) damage, disable, overburden, or impair the Trovi Software (or any server or networks connected to any Trovi Software, or (ii) interfere with any third party's use and/or enjoyment of the Trovi Software (or any server or networks connected to the Trovi Software).
Updates; Modifications; Additional Services; Tests.
5.1 The Trovi Software may automatically download and install updates from Trovi from time to time. In addition, Trovi may automatically configure the Trovi Software to perform certain functions required within the operation of the Trovi Software. Trovi Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Trovi Software. Download and install updates and/or configurations, collectively, will be referred herein as “Software Updates”. Software Updates are designed to improve, enhance, and/or further develop the Trovi Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser’s settings and/or your user experience. Prior to the implementation of a material change in certain Trovi Software, including Software Updates and/or material changes of this EULA, Trovi will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and Using the Trovi Software you agree to receive such Software Updates (and permit Trovi to deliver these to you) as part of your Use of the Trovi Software. If you do not agree to such changes, you may uninstall the Trovi Software that resides on your computer, according to the guidelines set forth below.
5.2 The Trovi Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous Usage and full functionality of the Software, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as further described in Section 3.3 above). By Using Trovi Software, you hereby acknowledge and agree to all such modifications. For further information regarding manual reconfiguration of Browser settings or uninstall instructions, please refer to Section 3.3 above and Section 6 below.
Further, you agree that by Using the Trovi Software you may periodically send technical data and related information to Trovi to facilitate the provision of updates, product support, and other services to you, if any, related to the Trovi Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system.
Additionally, you agree that Trovi may conduct A/B testing and change the look and feel of the Trovi Software or add additional features in order to improve your experience with the Trovi Software.
5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Trovi Software will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Trovi Software, is to uninstall the Trovi Software.
Hide, Disable, Uninstall.
6.1 Hide. Part of the Trovi Software (i.e. Toolbar) enables you to hide the user interface thereof on certain Browsers (e.g. Internet Explorer® and Firefox®) by right-clicking on the Browser and selecting “Hide” or closing the Trovi Software user interface bar. You acknowledge and agree that in hide mode, all features, services and/or apps available through the Trovi Software will remain enabled. You may choose to show the Trovi Software by right-clicking on your Browser or through your Browser’s settings.
6.2 Disable. You can disable or enable the Trovi Software through its user interface and/or your Browser’s Settings/Options/Tools button, as applicable. To disable or enable certain Apps within the Value Apps, click on the Value Apps user interface or the Extension’s user interface, or through your Browser’s Settings/Options/Tools button, as applicable, or through the programs menu on your operating system.
6.3 Uninstall. You can easily uninstall the Trovi Software by using the standard uninstall processes that are available as part of your operating system (for example, add/remove programs in Windows) or through your Browser’s Settings/Options/Tool button, as applicable. Specifically, for an explanation on how to uninstall the Toolbar from your Browser (IE, Firefox, or Chrome) please go to the Toolbar’s menu --> uninstall. To uninstall Search Protect, please see instructions here. To uninstall Value Apps, please go to your Browser’s Settings/Options/Tool button. For example: from Firefox, click the Firefox button (or “Tools” menu) at the top of the Browser, select “Add-ons”, and then select “Extensions”. Find Value Apps and click the “Disable” or “Remove” button.
7.1 The Trovi Software is licensed, not sold, to you. You acknowledge and understand that Trovi owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Trovi Software is protected by United States (and other countries’) copyright, trademark, other statutory and common 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 Trovi Software as delivered to you.
7.2 All rights in the Third-Party Software or Third-Party Apps, 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. Trovi 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 or Third-Party Apps.
Privacy and Legal Rights.
8.2 Trovi collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services.
8.3 Trovi prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Trovi, in its sole discretion, as part of its terms of service and user agreements. If you believe that your legal or privacy rights have been violated while Using a Third-Party Software, Trovi encourages you to report such matters to Trovi at your earliest convenience to: firstname.lastname@example.org. Trovi will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Trovi's commitment to providing a positive user experience.
8.4 In the event that Trovi goes through a business transition such as a merger, acquisition by another company, consolidation, change of control, reorganization, bankruptcy, or sale or transfer of all or a portion of its assets, your information will be among the assets transferred.
9.1 You hereby acknowledge and agree to only Use the Trovi Software as permitted in this EULA.
9.2 You agree to comply with all applicable laws, rules, and regulations when Using the Trovi Software. You will not Use the Trovi Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
9.3 You agree that you are solely responsible for (and that Trovi has no responsibility to you or to any third party) your Use of any Third Party Software or App, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which Trovi may suffer) of any such breach.
Trovi is not obligated to maintain or support the Trovi Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Trovi Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Trovi Software at your own risk and that Trovi shall not have any liability to you with respect to such content.
Any Use, duplication, or disclosure of the Trovi Software 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 ClientConnect Ltd.
13.1 You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Trovi Software 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. Furthermore, you agree that you will not export nor re-export the Trovi Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
13.2 By downloading and using the Trovi Software, you further represent and warrant that: (a) you are not a citizen, national, or resident of, are under control of the government of, or 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, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the Trovi Software nor any technical data related thereto nor any direct product thereof, directly or indirectly, to persons on the above-mentioned lists. You will not Use the Trovi Software for, and will not allow the Trovi Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
Disclaimer of Warranties.
In addition to the limitations of Trovi’s liability expressly contained in this Agreement, Trovi further disclaims any warranty related to your Use of Trovi Software. You acknowledge and agree that you assume all the responsibility and risk for your Use of the Software and the results and performance thereof and your use of any Third-Party Software. THE TROVI SOFTWARE IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. TROVI 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 TROVI OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. TROVI DOES NOT REPRESENT OR WARRANT: (I) THAT THE TROVI SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APP WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THAT THE OPERATION OF THE TROVI SOFTWARE OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE TROVI SOFTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE TROVI SOFTWARE OR ANY THIRD-PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION, AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE TROVI GROUP (DEFINED BELOW) AND TROVI'S THIRD-PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. TROVI MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE TROVI SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE TROVI SOFTWARE OR THE THIRD-PARTY SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TROVI SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE TROVI SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT WILL TROVI, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS (COLLECTIVELY, THE "TROVI GROUP") AND TROVI'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 TROVI SOFTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT THE TROVI 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 TROVI'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 TROVI SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold the Trovi Group harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your Use of the Trovi Software, including your downloading, installation, or Use of the Trovi Software, or your violation of this EULA.
Term and Termination.
Your license to Use the Trovi Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time by discontinuing the Use of all or any of the Trovi Software and by destroying all copies of the Trovi Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Trovi's request either promptly destroy or return to Trovi all copies of the Trovi Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
(a) This EULA and all the policies referenced herein constitute the entire agreement between Trovi and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Trovi. (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 Israel, without regard to its conflict of laws provisions. All actions relating to this EULA and the Trovi Software shall be brought to the competent court in the State of Israel. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that Trovi will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction. (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. Trovi 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 Trovi's consent. Trovi may assign or transfer this Agreement or any rights or delegate any obligations of Trovi hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Trovi will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations. (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 Trovi, and you do not have any authority to create any obligation or make any representation on Trovi's behalf.
Software Questions, Comments, and Contact Information.
If you have any questions, complaints and/or claims, you may contact Trovi at:
180 Sansome Street,
San Francisco, CA 94104.
Last updated: December 24, 2013
Additional Third-Party Licenses.
This license governs your use of the Windows Media® Player Firefox Plug-In.