End User License Agreement

(THIS IS A LICENSE AND NOT A SALE)

The individual using this Software or documentation ("You") acknowledges, warrants, and represents that he or she is authorized to enter into this agreement with CrossBrowser on behalf of the Licensee, that he or she has read and understood the terms and conditions set out herein and that the Licensee agrees and accepts to honor and be bound by this agreement. If the Licensee does not agree with the terms and conditions, the Licensee must not use or permit the use of the Software.

  1. DEFINITIONS
    1. "Software" shall mean the CrossBrowser software program, Toolbar Framework, Extensions Framework, documentation, associated media, online and electronic documentation, and printed materials.
    2. "Object Code" shall mean the computer executable embodiment of software computer code, which is derived from Source Code by a process generally known as "compilation" or any other process that translates Source Code or some intermediate code derived from Source Code into a form that can be executed by a computer.
    3. "Source Code" shall mean the human readable embodiment of software computer code, which must be translated by a process generally known as "compilation" into Object Code before such software can be executed by a computer.
    4. "License Fee" shall mean a one-time fee paid by Licensee to CrossBrowser, as designated by Software.
  2. LICENSE GRANT
    1. In accordance to the terms of this agreement, including limitations defined by the License, CrossBrowser gives to Licensee, and Licensee accepts from CrossBrowser, a perpetual, non-exclusive, worldwide, non-transferable, non-sublicensable License to use the Software as defined by Authorized Use.
    2. Object Code. CrossBrowser hereby gives to Licensee a non-exclusive, non-transferable, terminable (in accordance with Section 7.1) license to distribute Object Code created from Source Code and to authorize third parties to use such Object Code.
  3. NO WARRANTY

    THE SOFTWARE IS PROVIDED IN "AS IS" CONDITION WHICH MEANS THAT IT COMES WITH ALL IMPERFECTIONS AND/OR ERRORS. CROSSBROWSER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED, PERTAINING TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED GUARANTEES, WARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CROSSBROWSER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE OPERATION, USE, AND/OR EXECUTION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. LICENSEE IS COMPLETELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS AND CAPABILITIES OF USING THE SOFTWARE. LICENSEE IS RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATIONS TO, THE RISKS OF DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, PROGRAM ERRORS, AND INTERRUPTION OR UNAVAILABILITY OF OPERATIONS.

  4. CROSSBROWSER OBLIGATIONS

    When CrossBrowser receives the Licensee Fee from Licensee, CrossBrowser will supply the Licensee with the Software via Internet download.

  5. LIMITATION OF LIABILITY AND INDEMNIFICATION

    NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES UNDER THIS AGREEMENT EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. CROSSBROWSER SHALL NOT BE LIABLE FOR THE DAMAGE TO OR LOSS OF OR LICENSEE'S RECORDS OR DATA OR ANY DAMAGES CLAIMED BY LICENSEE BASED ON A THIRD PARTY CLAIM.

  6. SOFTWARE MAINTENANCE

    CrossBrowser is not obligated to give updates or technical support to you You. There is no part in this Agreement that warrants CrossBrowser to enter into any license with You for any other version or edition of the Software.

  7. LICENSEE'S RESTRICTIONS

    Licensee is not allowed, without the prior written consent of CrossBrowser to

    1. decompile, disassemble, modify, reverse engineer, adapt, create derivative works from, or otherwise attempt to derive, the Protected Code;
    2. sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate. Moreover, the Software includes license protection mechanisms that are designed to manage and protect the intellectual property rights of CrossBrowser. Licensee must not modify or alter those features to try to defeat the Software use rules that the license protection mechanisms are designed to enforce.
  8. TERM

    The term of this agreement begins on the Commencement Date and will continue in full force and effect until terminated.

  9. TERMINATION

    This Agreement and Licensee's license rights granted under it remain in effect until it is terminated by either party as provided herein. If this Agreement is terminated, then the Licensee's rights under the license set forth in Section 2.1 shall be immediately terminated. CrossBrowser may terminate this Agreement upon 30 days notice given to the Licensee of a material breach of this Agreement if such material breach remains uncured after such period. Licensee may terminate this Agreement upon providing written notice to CrossBrowser. The provisions concerning indemnification and those that by their nature should survive the termination of this Agreement shall survive the termination of this Agreement.

  10. INTELLECTUAL PROPERTY

    The Licensee acknowledges that the Software and all intellectual property rights in relation to the Software are the property of CrossBrowser. Unless expressly stated in this Agreement, this Agreement does not grant Licensee any rights in any CrossBrowser copyrights, trademarks, patents, trade names, or service marks.

  11. PUBLICITY RIGHTS
    1. The Licensee grants CrossBrowser the right to include the Licensee as a customer in Software promotional materials.
    2. Licensee can deny CrossBrowser the right to include the Licensee as a customer in Software promotional materials by submitting a written request via email to sales@CrossBrowser.com. Upon receipt of such request, CrossBrowser will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.
  12. ASSIGNMENT; DELEGATION

    CrossBrowser may assign its rights and obligation under this agreement without consent of Licensee. Licensee may assign its rights and/or delegate any of its duties to succeeding parties as part of a merger, acquisition or other change of control, given that CrossBrowser is notified in writing within 30 days of such transaction.

  13. GOVERNING LAW

    THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THEREOF OR TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. FOR PURPOSES OF ALL CLAIMS BROUGHT UNDER THIS AGREEMENT, EACH OF THE PARTIES HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF THE STATE COURTS OF CALIFORNIA.