|3.3||Conduit Software and Customized Software: As part of the installation process of the Conduit Software and/or the Customized Software, 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 Conduit Software or the Customized Software, you agree that you have approved such changes and you understand you can reconfigure such settings at any time from the "Options Menu" available in the Conduit Software or Customized 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 Conduit Software once a new version is released and the ability to send you notifications.|
|3.3.6||Allowing Conduit access to location-based information (although if you Use the Conduit Software or the Customized Software on a mobile device, this permission should be requested separately as part of the installation of the Conduit Software or the Customized Software).|
|3.3.7||Allowing Conduit 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 Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls.|
To uninstall the Conduit Software or Customized 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), from within Firefox click Tools > Add-ons > Extensions, and then choose the extension you would like to uninstall.|
|5.||To uninstall Chrome extensions (Windows or Mac OSX), from Chrome click 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 Customized Software 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 Customized Software you wish to delete until it shakes, you will get an “x” in the corner of the Customized Software icon and you can tap the “x” to delete the software.
Please note that the Customized Software may include one or more executable files, therefore if you wish to uninstall one or more Customized Software files, please make sure to look for the specific Customized Software name on your computer or mobile device.
Updates; Additional Services; Tests.
|4.1||Except as expressly specified in this EULA, you may not: (a) copy or modify the Conduit Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Conduit Software to any third party; or (c) Use the Conduit 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 Conduit Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Conduit and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Conduit Software provided in object code or any other Conduit 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 Conduit 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 Conduit 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 Conduit Software. This EULA does not apply to any Open-Source Software accompanying the Conduit Software and Conduit hereby disclaims any and all liability to you or any third party related thereto.|
|4.3||You may not Use the Conduit Software and/or the Customized Software in any manner that could: (i) damage, disable, overburden, or impair the Conduit Software and/or the Customized Software (or any server or networks connected to any Conduit Software and/or Customized Software), or (ii) interfere with any third party's use and/or enjoyment of the Conduit Software and/or the Customized Software (or any server or networks connected to the Conduit Software and/or the Customized Software).|
Hide, Disable, Uninstall
|5.1||The Conduit Software may automatically download and install updates from Conduit, from time to time. In addition, Conduit may automatically configure the Conduit Software to perform certain functions required within the operation of the Conduit Software. Conduit Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Conduit 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 Conduit 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. By downloading and Using the Conduit Software you agree to receive such Software Updates (and permit Conduit to deliver these to you) as part of your Use of the Conduit Software.|
|5.2||Further, you agree that by Using the Conduit Software you may periodically send technical data and related information to Conduit to facilitate the provision of updates, product support and other services to you, if any, related to the Conduit 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 Conduit may conduct A/B testing and change the look and feel of the Conduit Software or add additional features in order to improve your experience with the Conduit Software. |
|5.3||You acknowledge that due to version updates of, or other modifications made by, third parties to your Browser, certain Conduit 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 Conduit Software is to uninstall the Customized Software.|
|6.1||Hide. Part of the Conduit Software (i.e. browser bar) enables you to hide the user interface thereof on certain Browsers (e.g. Internet Explorer® and Firefox®) by right clicking on the Browser or closing the Conduit Software user interface bar. You acknowledge and agree that in hide mode, all features, services and/or apps available through the Conduit Software will remain enabled. You may choose to show the Conduit Software by right clicking on your Browser or through your Browser’s settings.|
|6.2||Disable. You can disable or enable the Conduit Software through its user interface and/or your Browser’s Settings/Options/Tools button, as applicable.|
|6.3||Uninstall. You can easily uninstall the Conduit 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.|
Privacy and Legal Rights.
|7.1||The Conduit Software is licensed, not sold, to you. You acknowledge and understand that Conduit owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein. The Conduit 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 Conduit Software as delivered to you.|
|7.2||All rights in the Third-Party Software, 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. Conduit 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.|
|8.1||The Conduit Privacy Policies (available at http://www.conduit.com/privacy) contain information about Conduit's data protection policies and explains how Conduit accesses, collects, uses and/or shares information that is generated by your Use of the Conduit Software and Customized Software. By downloading and Using the Conduit Software, you consent to Conduit’s use of your data in accordance with Conduit's Privacy Policies.|
|8.2||Conduit 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||Conduit prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by Conduit, in its sole discretion, as part of its terms of service and user agreements. If you believe that your legal or privacy right has been violated while Using the Customized Software or Third-Party Software, Conduit encourages you to report such matters to Conduit at your earliest convenience (to send a report, please visit the "Legal" section of the Conduit website http://www.conduit.com/). Conduit will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Conduit's commitment to providing a positive user experience.|
|8.4||In the event that Conduit 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 may be among the assets transferred.|
|9.1||You hereby acknowledge and agree to only Use the Conduit Software as permitted in this EULA.|
|9.2||You agree to comply with all applicable laws, rules and regulations when Using the Customized Software. You will not Use the Customized Software to infringe 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 Conduit has no responsibility to you or to any third party) your Use of the Customized Software, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which Conduit may suffer) of any such breach.|
Conduit is not obligated to maintain or support the Conduit Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Customized Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Customized Software at your own risk and that Conduit shall not have any liability to you with respect to such content.
Any Use, duplication, or disclosure of the Customized 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 Conduit Ltd.
Disclaimer of Warranties.
|13.1||You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Customized 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 Customized 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 Customized 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 Customized Software nor any technical data related thereto nor any direct product thereof, directly or indirectly, to persons on the abovementioned lists. You will not Use the Customized Software for, and will not allow the Customized 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.|
In addition to the limitations of Conduit’s liability expressly contained in this Agreement, Conduit further disclaims any warranty related to your Use of Conduit 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 CONDUIT SOFTWARE IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. CONDUIT 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 CONDUIT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. CONDUIT DOES NOT REPRESENT OR WARRANT : (I) THAT THE CONDUIT SOFTWARE OR ANY THIRD-PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THAT THE OPERATION OF THE CONDUIT 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 CONDUIT SOFTWARE, ANY THIRD-PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE CONDUIT 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 CONDUIT GROUP (DEFINED BELOW) AND CONDUIT'S THIRD-PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. CONDUIT MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE CONDUIT SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE CONDUIT SOFTWARE OR THE THIRD-PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE CONDUIT SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE CUSTOMIZED 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 CONDUIT, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "CONDUIT GROUP") AND CONDUIT'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 CONDUIT 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 CONDUIT 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 CONDUIT'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 CONDUIT 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 Conduit 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 Customized Software, including your downloading, installation, or Use of the Customized Software, or your violation of this EULA.
Term and Termination.
Your license to Use the Conduit 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 Customized Software and by destroying all copies of the Customized 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 Conduit's request either promptly destroy or return to Conduit all copies of the Customized 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 Conduit and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Conduit. (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 Customized Software 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. Notwithstanding this, you agree that Conduit 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. Conduit 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 Conduit's consent. Conduit may assign its rights under this EULA to any third party at its sole discretion and without providing any notification to you. (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 Conduit, and you do not have any authority to create any obligation or make any representation on Conduit's behalf. (j) If you have any questions about the Software, please visit our website at http://www.conduit.com/.
Software Questions, Comments, and Contact Information.
If you have any questions, complaints and/or claims, you may contact Conduit at:
950 Tower Lane
Foster City, CA 94404
Last updated: October 24, 2013
Additional Third-Party Licenses
This license governs your use of the Windows Media® Player Firefox Plug-In.