EULA / SLA

BROWSIFY CORPORATION. SOFTWARE LICENSE AGREEMENT FOR BROWSIFY BROWSER FOR ALL PLATFORMS

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THEBROWSIFY SOFTWARE. BY USING THE BROWSIFY SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE BROWSIFY SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE BROWSIFY SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE”.

IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

  1. General. The Browsify and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Browsify Software”) are licensed, not sold, to you by Browsify Corporation. (“Browsify”) for use only under the terms of this License. Browsify and/or its licensors retain ownership of the Browsify Software itself and reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Browsify that replace and/or supplement the original Browsify Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the Browsify Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

  1. Permitted License Uses and Restrictions.
  2. Subject to the terms and conditions of this License you are granted a limited non-exclusive license to install and use one copy of the Browsify Software on each computer owned or controlled by you. To the extent that the Browsify Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the Browsify Software to exist on more than one computer at a time, and you may not make the Browsify Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Browsify Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

In addition to the restrictions stated above, the Browsify proprietary libraries (“Browsify DLLs”) included with the Browsify Software are only licensed: (i) for use with the Browsify Software; and (ii) for your personal use or internal business use in connection with your development of WebKit <http://webkit.org/>. You may not use the Browsify DLLs for any other purpose, nor may you link, compile or otherwise combine the Browsify DLLs with your own programs, modify, rent, release, lend, sublicense or otherwise redistribute the Browsify DLLs, in whole or in part.

  1. Certain components of the Browsify Software, and third party open source programs included with the Browsify Software, have been or may be made available by Browsify on its Open Source web site (https://www.browsifyapp.com/legal ) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Browsify Software is used, in place of the unmodified Browsify Software, on a single computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Browsify is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Browsify Software.

You expressly acknowledge that if failure or damage to Browsify hardware results from modification of the Open-Sourced Components of the Browsify Software, such failure or damage is excluded from the terms of the Browsify hardware warranty.

  1. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify,

create derivative works of the Browsify Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Browsify Software). Any attempt to do so is a violation of the rights of Browsify and its licensors of the Browsify Software.

  1. Transfer. You may not rent, lease, lend, sell, redistribute or sublicense the Browsify Software. You may, however, make a one-time permanent transfer of all of your license rights to the Browsify Software to another party, provided that: (a) the transfer must include all of the Browsify Software, including all its component parts, original media (if any), printed materials and this License; (b) you do not retain any copies of the Browsify Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Browsify Software reads and agrees to accept the terms and conditions of this License. All components of the Browsify Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.

Updates: If a Browsify Software update completely replaces (full install) a previously licensed version of the Browsify Software, you may not use both versions of the Browsify Software at the same time nor may you transfer them separately.

Academic Copies: If the Browsify Software package has an academic label or if you acquired the Browsify Software at an academic discount, you must be an Eligible Educational End User to use the Browsify Software. “Eligible Educational End Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).

  1. Consent to Use of Data.
  2. Diagnostic and Usage Data. You agree that Browsify and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Browsify Software, and to verify compliance with the terms of this License. Browsify may use this information, as long as it is collected anonymously in a form that does not personally identify you, to provide and improve Browsify’s products and services. To enable Browsify’s partners and third party developers to improve their software, hardware and services designed for use with Browsify products, Browsify may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
  3. Location Data. Browsify and its partners, licensees, third party developers and websites may provide certain services through the Browsify Software that rely upon location information. To provide and improve these services, where available, Browsify and its partners, licensees, third party developers and websites may transmit, collect, maintain, process and use your location data, including the real-time geographic location of the device or computer on which the Browsify Software is used and location search queries. The location data and queries collected by Browsify are collected in a form that does not personally identify you and may be used by Browsify and its partners, licensees, third party developers and websites to provide and improve location-based products and services. By using the location-based features of the Browsify Software, you agree and consent to Browsify’s and its partners’, licensees’, third party developers’ and websites’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by disabling the Location Services setting in the Browsify Software. The Location Services setting is found in the Privacy pane within the Browsify Software’s Preferences menu. Not using these features will not impact the non-location-based functionality of the Browsify Software. If a website is not a Browsify website, Browsify has no control over that website, its privacy practices or its use of your location data. When accessing third party websites that use or provide your location data, you are subject to and should review that website’s terms of use and privacy policy to understand how they treat your location data.
  4. At all times your information will be treated in accordance with Browsify’s Privacy Policy which can be viewed at https://www.browsifyapp.com/legal
  5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Browsify if you fail to comply with any term

(s) of this License. Upon the termination of this License, you shall cease all use of the Browsify Software and destroy all copies, full or partial, of the Browsify Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License survive any such termination.

  1. Services and Third Party Materials.
  2. The Browsify Software automatically references, displays, and links to, third party web sites and information located worldwide throughout the Internet, and the Browsify Software also performs or provides access to Browsify and third party web services as well as third party extensions (collectively and individually, “Services”). Use of the Services requires Internet access and use of certain Services may require you to accept additional terms.
  3. You understand that by using the Browsify Software or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Browsify Software and Services at your sole risk and that Browsify shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
  4. By using the Browsify Software and Services, you acknowledge and agree that Browsify is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third party materials, extensions or web sites. Browsify, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, third party materials, extensions or web sites, or for any other materials, products, or services of third parties. Third party materials and extensions and links to third party web sites are provided solely as a convenience to you.
  5. Financial information displayed by the Browsify Software or any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Browsify Software or Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by the Browsify Software or any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Browsify nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by the Browsify Software or any Services.
  6. You agree that the Services contain proprietary content, information and material that is owned by Browsify and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Browsify. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Browsify is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
  7. Browsify and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Browsify be liable for the removal of or disabling of access to any such Services. Browsify may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
  8. Disclaimer of Warranties.

7.1 If you are a customer who is a consumer (someone who uses the Browsify Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BROWSIFY SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BROWSIFY SOFTWARE AND ANY BROWSIFY OR THIRD PARTY SERVICES PERFORMED OR PROVIDED BY THE BROWSIFY SOFTWARE (COLLECTIVELY “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND

WITHOUT WARRANTY OF ANY KIND, AND BROWSIFY AND BROWSIFY’S LICENSORS (COLLECTIVELY REFERRED TO AS “BROWSIFY” FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BROWSIFY SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4 BROWSIFY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BROWSIFY SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE BROWSIFY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BROWSIFY SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT THE BROWSIFY SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR OTHER THIRD PARTY SERVICES, OR THAT DEFECTS IN THE BROWSIFY SOFTWARE OR SERVICES WILL BE CORRECTED.

7.5 YOU FURTHER ACKNOWLEDGE THAT THE BROWSIFY SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE BROWSIFY SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BROWSIFY OR AN BROWSIFY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BROWSIFY SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL BROWSIFY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE BROWSIFY SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE BROWSIFY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BROWSIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Browsify’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  2. Export Control. You may not use or otherwise export or re-export the Browsify Software except as authorized by United States law and the laws of the jurisdiction in which the Browsify Software was obtained. In particular, but without limitation, the Browsify Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Browsify Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Browsify Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
  3. Government End Users. The Browsify Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  4. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Kuala Lumpur, Malaysia, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
  5. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Browsify relating to the Browsify Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Browsify. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
  6. Third Party Acknowledgements and Terms.
  7. Portions of the Browsify Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the “online” electronic documentation for the Browsify Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.
  8. Certain software libraries and other third party software included with the Browsify Software are free software and licensed under the terms of the GNU Library/Lesser General Public License (LGPL) Version 2 or 2.1. You may obtain a complete machine-readable copy of the source code for such LGPL software under the terms of the LGPL, without charge except for the cost of media, shipping, and handling, upon written request to Browsify. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the LGPL is included with the Browsify Software.
  9. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (http:// www.google.com/terms_of_service.html) and to Google’s Privacy Policy (http://www.google.com/ privacypolicy.html).
  10. Third Party Software are governed by their own terms of use
  11. About Your Rights

Browsify Browser is free and built by a community of passionate who want to secure your privacy. There are a few things you should know:

 

Browsify Browser is made available to you under the terms above. This means you may use Browsify Browser for FREE. You are not granted any trademark rights or licenses to the trademarks of the Browsify Corporation or any party, including without limitation the Browsify Browser name or logo. Additional information on trademarks may be found here.

 

Some features in Browsify, such as the Crash Reporter, give you the option to provide feedback to Browsify. By choosing to submit feedback, you give Browsify permission to use the feedback to improve its products, to publish the feedback on its websites, and to distribute the feedback. How we use your personal information and feedback submitted to Browsify through Browsify Browser is described in the Browsify Browser Privacy Policy.

 

Some Browsify Browser features make use of web-based information services, however, we cannot guarantee they are 100% accurate or error-free. More details, including information on how to disable the features that use these services, can be found in the service terms. In order to play back certain types of video content, Browsify Browser downloads certain content decryption modules from third parties.

 

  1. We would love to hear from you, so contact us by snail mail too. We love the postman J
Americas Rest of the World
Browsify Corporation,

Pudur Corporation, Celframe,

793 South Tracy Blvd, Suite 370,Tracy,

California 95376, USA

 

Browsify Corporation,

Celframe, P.o. Box 10207, Pejabat Pos Besar,

50706, Kuala Lumpur, Malaysia

 

www.browsifyapp.com