Last Modified: October 5, 2017
This End User License Agreement ("EULA") is a legal binding agreement between you ("user" or "you") and us, Iron Mountain Technology Limited ("Company" or "us" or "our" or "we"). This EULA sets forth the terms in which you may use our software, including any revisions, improvements, new releases and related documentation in connection thereto (collectively "Softwar").
Eligibility and Age Limitation
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms. In addition, you represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. Children under 13 are prohibited from using the Software. If you are under 18, please be sure to read these Terms with your parents or legal guardians and ask questions about things you do not understand.
The Software enable you to, enhance and customize your search browsing experience by adding to your search results recommendations and advertisement. The Software may change your browsers' search settings.
License and Intellectual Property
Subject to these Terms, the Company hereby grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable, non-assignable license, to access, download and install the most current generally available version of the Software (including all updates thereto) solely for your lawful, personal, and non-commercial use (“License”). The License granted herein shall not be copied, shared, distributed, and offered for re-sale, transferred or sub-licensed in whole or in part.
You acknowledge that all right and interest in the Software and its trademarks and service marks, including all associated components, code, protocols, software and documentation licensed herein and any related features or derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in the Software, are the Company’s property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Software or associated components. Except as provided herein, these Terms and the License grant do not grant you an interest in or to the Software.
Representations, Warranties and Restrictions of Use
You hereby represent and warrant that: (i) you are either the owner or an authorized user of the device in which the Software is installed (ii) You will install the Software only in accordance with the Company’s instructions; (iii) you will only use the Software as permitted under these Terms; and (iv) you will use the Software in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under these Terms, you may not, nor may not enable anyone else to, directly or indirectly: (i) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Software or any portion thereof including any source code therein; (ii) circumvent, disable or otherwise interfere with security-related features of the Software, or interfere with others’ use of the Software; (iii) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Software, or to manipulate the Software in any manner; (iv) remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) use the Company's name, logo or trademarks without its prior written consent; or (vi) use the Software for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of these Terms.
Third Party Content
The Services include links to third party content, provided by our Service Providers, such as advertisements and search feed results (collectively, "Third Party Content"). Any use by you of Third Party Content is subject to the terms and conditions of the Service Provider. You acknowledge that we have no control over, nor obligation to examine, review or monitor such Third Party Content, and we assume no responsibility for Third Party Content including, without limitation, its accuracy, completeness, appropriateness or legality. You assume all responsibility and risk in connection with your use of Third Party Content and we hereby disclaim any and all liability to you or any third party in connection thereto. You hereby waive any claim or legal rights or remedies you may have against us with respect to Third Party Content.
Disclaimer of Warranty
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR ANY CONTENT PROVIDED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SOFTWARE, INCLUDING ANY COMPONENT THEREIN ARE PROVIDED “AS-IS”. WE MAKE NO WARRANTY THAT THE SOFTWARE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE SOFTWARE. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE ON THE SOFTWARE IS TRUE, RELIABLE OR ACCURATE. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AVAILABLE THROUGH THE SOFTWARE NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE). YOUR USE, OR INABILITY TO USE, OF THE SOFTWARE AND RELIANCE ON THE INFORMATION PROVIDED THEREIN ARE SOLELY AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE YOUR REQUIREMENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, EMPLOYEES, LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF THESE TERMS OR YOUR USE OR INABILITY TO USE THE SOFTWARE, OR THE CONTENT PROVIDED THEREIN, WHETHER IN CONTRACT, TORT OR OTHERWISE, OR FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUFFERED BY YOU AND/OR ANY THIRD PARTY, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY ERRORS OR DISSATISFACTION WITH THE SOFTWARE, IS TO CEASE USING THE SOFTWARE AND UNINSTALL THE SOFTWARE. NOTWITHSTANDING THE ABOVE, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SOFTWARE OR THESE TERMS, EXCEED THE COST OF THE SOFTWARE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES - IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless, and defend the Company, its officers, directors, shareholders, employees, sub-contractors, agents and distributors from and against any claims, losses, debts, obligations, liabilities, costs or expenses (including but not limited to reasonable attorney's fees) arising from or incurred as a result of, related to or are based on (i) your use of the Software (ii) violation of these Terms.'
You may terminate these Terms at any time. If you wish to terminate your use of the Software and these Terms, please uninstall and remove the Software. To uninstall the Software please use your standard uninstall processes that are available through your operating system or browser settings. Uninstall instructions are available here: http://ta14th1arkr1.xyz/howto/uninstall. We may modify, discontinue, suspend or terminate your access to our Software at any time, with or without cause and with or without notice, effective immediately. Any termination may result in the destruction of all information and data associated with your use of the Software. Further, we reserve the right, at our sole discretion, to limit, deny or cancel some or all of the functionality of the Software at any time, without prior notice. We reserve the right to suspend, remove, restrict or disable your access to parts or all of the Software at any time and without notice or liability, at our sole discretion. In no event, will the Company be liable for the suspension, removal, and restriction or disabling of your access to the Software or to any feature available therein.
Updates and Upgrades
You hereby agree that the Company may automatically download and install updates to the Software, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Software. In the event, we believe that such updates or upgrades shall materially affect your use of the Software, we will make best efforts to notify you. Without derogating the above, we are not obligated to provide any new version of the Software. In addition, we have no obligation to provide support or maintenance for the Software. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Software. Further, the availability and functionality of the Software depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. The Company does not warrant that the Software will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access.
We reserve the right to change these Terms at any time, so please re-visit this page frequently. We may amend these Terms, at any time under our sole discretion, by posting the amended version on the website or by obtaining your consent to changes as may be required by applicable law. All changes to these Terms are effective as of the stated “Last Modified” date above and your continued use of the Software following the last modified date will constitute acceptance of, and agreement to be bound by, those changes. In the event of material changes, we will make best efforts to send you a written notification.
For any dispute you have with us, you agree to first contact us at: email@example.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). All claims must be brought in the parties’ INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision you must provide us with an applicable notice that includes your name and residence address, and a clear statement of your wish to opt-out. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
These Terms, constitutes the entire understanding between the parties with respect to the use of the Software. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches.
If you have any questions please contact us at: firstname.lastname@example.org