This end user license agreement is between you (“You”), as either an individual or as a business entity, and XBrowser team. In exchange for your use of the Product, you agree as follows:
1.1 You acknowledge that you have only a non-exclusive and limited right to use the object code version of the Product on non-commercial purposes within the validity period of the agreement. You may make a single copy of the Product in object code form for archival or backup purposes. You must include all Notices on all copies of the Product. You may not reverse engineer, decompile or disassemble the Product or attempt to gain access to the source code for the Product, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
1.2 You will not transfer or assign the Product or this EULA and/or any rights or obligations hereunder without the prior written consent of XBrowser.
1.3 Your rights under this EULA will automatically terminate if you breach any of your material obligations under this EULA. Upon any termination of this EULA, you will destroy all copies of the Product promptly after such termination.
1.4 All rights not expressly granted are reserved.
XBrowser does not represent or warrant that the Product will operate without interruption or will be error free. Especially in the following cases: (1) modification or alteration of the Product made without the prior written approval of XBrowser. (2) accident, neglect, misuse or abuse, or (3) exposure to conditions outside the range of the environmental, power and operating specifications provided by XBrowser.
3.1 Except as expressly set forth in this EULA, neither XBrowser, its affiliates, subsidiaries nor the licensors make any other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. XBrowser and the licensors expressly disclaim all warranties not stated in this EULA. Any implied warranties that may be imposed by law are limited to the terms contained in this EULA to the maximum extent permitted by law.
3.2 To the maximum extent permitted by law, in no event with XBrowser and the licensors be liable for damages or losses for any cause whatsoever, and regardless of the basis of the claim or action.
We promise that we will not collect any personal information which is not necessary for the services, and we will not use any your personal information for any purpose other than serving you.
Any end user should not use XBrowser for infringement on the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright, and other proprietary rights), and if you, the copyright owner or an authorised representative, believe that any content infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the information as follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
- Identification of the copyright claimed to have been infringed;
- Identification of the material that is claimed to be infringing;
- Information reasonably sufficient to permit the service provider to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
6.1 This EULA constitutes the entire agreement between you and XBrowser with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations and communications, including, without limitation, the terms and conditions of any purchase order.
6.2 XBrowser may assign this EULA or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of this EULA will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
6.3 XBrowser will not be responsible for any failure to perform its obligations under this EULA due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that XBrowser will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and confidential information of itself and its licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
The Products may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar open source software licenses (“Open Source Software”) which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code. If such licenses require for any software which is distributed in an executable binary format, that the source code also be made available, then the source code will be included together with the binary code in a text file. The rights granted under any such Open Source Software licenses shall only apply to the source code or binary code distributed thereunder.
If you have any questions or comments about XBrowser, please contact us at: firstname.lastname@example.org .