End User License Agreement

End-user License Agreement

This End-user License Agreement for a Safer Application constitute a binding, contractual agreement (“Agreement”) between you and Safer Technologies Inc. (“Safer”). This Agreement applies solely to your use of the software, updates, plug-ins and services associated with the application with which this Agreement is provided (the “Application”). This Agreement also incorporates the terms and conditions of the Safer Terms of Services located at www.safer.com/policies/terms/ and the Safer Privacy Policy located at www.safer.com/policies/privacy. This Agreement limits your rights and remedies and we encourage you to become familiar with the provisions of this Agreement and incorporated terms before accepting this Agreement or installing the Application. By accepting this Agreement or by installing or using the Application, you are indicating your acceptance and agreeing to all the terms and conditions of this Agreement, including the above-referenced Safer Terms of Services and Privacy Policy. If you do not accept and agree to the all of the terms and conditions of the Agreement, you must not use or install the Application. If you are less than 18 years of age, please ask your parent or guardian install the Application for you. If you are less than 13 year of age, we ask that you do not install any Applications.

Safer may change any of the provisions of this Agreement or the incorporated terms at any time in its sole discretion. Notice of material changes to this Agreement will be posted on the www.safer.com website when they become effective. You are responsible for reviewing the notice and any applicable changes. You agree that your continued use of the Application following any changes to this Agreement and after the changes take effect will constitute your acceptance of such changes. If you do not agree to future changes to this Agreement, stop using the Application after the effective date of such changes and uninstall the Application.

  1. LICENSE

Provided that you comply with the terms of this Agreement, Safer grants you a personal, revocable, limited, non-exclusive and non-transferable license to install and use an Application on a single computer, solely in object code format and solely for personal and non-commercial purposes. This license does not entitle you to receive from Safer hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application, though we may provide any of the foregoing in our sole discretion. The Application incorporates certain open-source software and code, which are subject to the license provisions of those providers, links to which are contained in the Application’s “Credit” listing. The provisions of this Agreement do not limit the applicable open-source license grants, however, such open source license grants do not limit or modify any of the limitations of liability, disclaimers, indemnities, remedy limitation provisions and other applicable restrictions set forth in this Agreement and the Safer Terms of Service and Privacy Policy.

 

  1. USE OF APPLICATIONS

You agree to comply with all applicable laws and regulations in connection with your use of the Application, including international, federal, state and local copyright and intellectual property laws. Use of the Application is solely at your own risk. Safer cannot guarantee the completeness or accuracy of the websites or URLs to which an Application links or refers or the error-free or secure operation of the Application. As Application processes are largely automatic, Safer does not screen the websites included or linked to or from the Application, and these other websites are operated by persons over whom Safer exercises no control. As a result, Safer assumes no responsibility for the content of any website or URL to which an Application links or refers and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL to which an Application links or refers. Additionally, some features of the Application, such as search functionality, may change default search, homepage or other settings on your computer in order to facilitate or enhance the operation of the Application and its related services. You warrant and represent that you own or are an authorized user of the computer where you install the Application. Finally, the Secure Browser’s Security Center allows you to adjust various security and privacy features of the Browser that relate to your online browsing activities. We encourage you to review the security and privacy options in the Security Center so that you can better understand and manage your online security and privacy. Safer is not responsible for the security and privacy choices users make with respect to the Security Center or risks of encountering malware, computer viruses, and illegal behavior of others when interacting with third party websites and content.

  1. PRIVACY
  2. Our Applications. Our Applications collect certain data about your devices (including your hardware profiles, cookie text files, browser extensions, device IDs and IP Addresses), your browser and browser searches and search results, websites and web pages you visit and their content, and your clicks and interactions with websites, web pages, advertisements and our Applications. We may also collect precise geo-location data. This information is used by us and our partners in a variety of ways, including to operate the Application, optimize the services provided to you and other users of our services, and for our internal research and product development. While our Applications are not intended to collect personally identifying information, it is possible for data, such as search queries or page addresses, to contain such information. For more details about Safer’s data collection and use practices, see the Safer privacy policy yhttps://www.safer.com/polices/privacy/). To uninstall an Application, please visit the FAQ for the particular Application or your hardware’s instructions for removing or uninstalling software programs and applications.
  3. Third Party Applications. We are not responsible for data collected from or the operation of third party-branded applications or third party applications, websites, URLs and platform linked to, referred to, embedded in or connected with our Applications. To understand the data collection practices and other policies of those third parties, please review their respective privacy policies and terms of service.

 

  1. RESTRICTIONS

You may not: (a) use, copy, modify, download or transfer an Application or any component of an Application, in whole or in part, except as expressly provided in this Agreement or with Safer’s written consent; (b) reverse engineer, disassemble, decompile, or translate an Application, attempt to derive the source code of an Application, create any derivative work from an Application, or authorize or assist any third party to do any of the foregoing; (c) rent, lease, loan, resell for profit, or distribute an Application, or any part thereof; (d) remove or alter any proprietary notice or legend regarding Safer’s or its licensors’ proprietary rights in an Application; (e) use an Application except in accordance with applicable laws and regulations; (f) use an Application to defraud any third party or to distribute obscene or other unlawful materials or information; (g) use an Application in any way to transmit, directly or indirectly, any unsolicited bulk communications (i.e., spam); (h) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of an Application; (i) incorporate, integrate or otherwise include an Application or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with Safer’s networks or other online services; or (j) export an Application outside of the United States.

  1. OWNERSHIP

The Applications are the property of Safer and/or its licensors, and Safer and/or its licensors retain all right, title and interest to the Applications, including any intellectual property rights regarding trademarks, service marks and trade secrets, as well as any rights in copyrighted and/or patented materials provided to you as part of the Applications. Our partners and service providers may also have additional intellectual property rights in the content or services that they make available through the Application. Except for the limited license granted to you in this Agreement, you obtain no rights to the Applications, and Safer and/or its licensors reserve all rights not expressly granted to you.

  1. FEEDBACK

In the event that you provide Safer with any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Applications (collectively “Feedback”), you agree that Safer may use the Feedback to modify the Applications and Safer’s other products and services and that you will not be due any compensation, including any royalty related to the Applications or other product or service that incorporates your Feedback. You grant Safer a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with Safer, unless Safer has entered into a separate agreement with you that provides otherwise.

 

  1. DISCLAIMER

SAFER PROVIDES THE APPLICATIONS “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE APPLICATIONS RESIDES WITH YOU. SAFER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY. SAFER MAKES NO WARRANTY THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SAFER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATIONS, OR THAT DEFECTS IN THE APPLICATIONS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND USE OF THE APPLICATIONS. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFER THROUGH THE APPLICATIONS, ITS WEBSITE, SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

  1. LIMITATION OF LIABILITY.

IN NO EVENT SHALL SAFER OR ANY OF ITS LICENSORS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL OR LOST PROFITS OR LOST OPPORTUNITIES IN ANY WAY RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE APPLICATIONS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATIONS, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF SAFER HAS BEEN NOTIFIED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN NO EVENT WILL SAFER’S LIABILITY FOR ANY DAMAGES TO YOU OR ANY THIRD PARTY EVER EXCEED ONE HUNDRED DOLLARS (U.S. $100.00) REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT SAFER MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF ITS LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

 

  1. INDEMNITY

You agree to indemnify, defend, and hold harmless Safer from any suits, losses, claims, demands, liabilities, costs and expenses (including reasonable fees for attorneys) that Safer may sustain or incur from: (a) your use of the Applications; (b) your breach of any of your obligations or any restrictions set forth in this Agreement, or (c) Safer’s enforcement of this Agreement against you.

  1. THIRD PARTY OFFERINGS.

Third parties may from time to time offer applications or services to access, “plug-in” or interact with an Application. You may only use third-party applications authorized by Safer for use with an Application. Your use of any third-party applications will be at your own risk and subject to the terms and conditions of those third parties. SAFER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE THIRD PARTY APPLICATIONS OR SERVICES, AND SAFER DISCLAIMS ALL LIABILITY RELATED THERETO.

  1. NO DUTY TO CORRECT ERRORS

Without limiting the provisions of Section 2 of this Agreement, you acknowledge and agree that Safer has no obligation under this Agreement to correct any defects or errors in an Application furnished to you under this Agreement, regardless of whether you inform Safer of such defects or errors or Safer otherwise is, or becomes aware of, such defects or errors. To the extent Safer provides you with any updates or upgrades to an Application, such updates and upgrades shall be deemed to constitute part of an Application and shall be subject to all terms and provisions set forth in this Agreement, including, without limitation, terms and provisions related to licenses, use restrictions, ownership and distribution of an Application. Safer may provide mandatory updates to an Application with or without notice to you to ensure or enhance the functionality or continued performance, security and stability of an Application. Safer may also make available other updates to an Application that you will have the option to install.

  1. TERMINATION

The Agreement will be in effect as of the date you accept this Agreement, or as of the date you first install or use the Applications, whichever first occurs. This Agreement will terminate immediately without notice to you if you breach any term or condition herein. You shall be entitled to terminate this Agreement without cause at any time by stopping use of the Applications. Safer shall be entitled to terminate this Agreement without cause upon written notice to you. Upon termination, all rights granted to you under this Agreement will immediately cease, you may not thereafter install or use the Applications, and you must delete or destroy all copies of the Applications in your possession. All provisions of this Agreement, except for the license grant in Section 1 above, survive the termination of this Agreement. Safer may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within Safer’s computer or communications networks.

 

  1. GENERAL PROVISIONS

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. You acknowledge that Safer will have the right to seek an injunction if necessary to prevent a breach of your obligations hereunder. If any provision of this Agreement is held to be unenforceable, that provision will be disregarded for purposes of the dispute or other circumstance giving rise to such finding, and the remaining provisions will remain in full force. In the event that Safer prevails in any proceeding or lawsuit brought by either party in connection with this Agreement, Safer will be entitled to receive its costs, expert witness fees and reasonable attorney’s fees, including costs and fees on appeal. The failure of Safer to require your performance of any provision in this Agreement shall not affect Safer’s full right to require such performance at any time thereafter; nor shall the waiver by Safer of any breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. This Agreement is personal to you, and you may not transfer, assign or delegate your right and/or duties under this Agreement to anyone else. Any attempted assignment or delegation is void. This Agreement, together with the Safer Terms of Service and Safer Privacy Policy, is the complete and exclusive statement of the agreement between Safer and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights that by law may not be modified or waived.

  1. GOVERNMENT USERS

Each of the components that constitute an Application and its related documentation is a “commercial item” 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. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire an Application and any documentation provided with an Application with only those rights set forth in this Agreement.

  1. ELECTRONIC NOTICES

You agree to this Agreement electronically. You authorize Safer to provide you any information and notices regarding the Applications (“Notices”) in electronic form. Safer may provide Notices to you: (a) via e-mail if you have provided a valid email address or (b) by posting the Notice on a website designated by Safer for this purpose, including www.safer.com. The delivery of any Notice is effective when Safer sends or posts it, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications and terminating this Agreement. As long as you are able to access the internet using the Applications, you will be able to receive electronic Notices from Safer.

  1. PERFORMANCE AND USAGE INFORMATION
  2. Technical Information. When installed, an Application may, from time to time, automatically report back information to Safer’s servers related to installation, updates, usage and errors arising in connection with your use of an Application, without notice to you. The primary use of this data is to help diagnose and resolve technical and performance issues in relation to an Application’s compatibility with the latest operating systems.
  3. Feature Usage Information. An Application may also provide Safer with anonymous information about use of an Application’s features and functions. Safer uses this information in the aggregate to determine which features and functions from the Application are most popular and useful to its users, and to validate the continued existence and usage of an installed Application.
  4. ID. Each Application may contain a specific identification number for the purpose of tracking the number of unique instances of an Application in use.
  5. Personalization. You may be asked to provide Safer with certain information so that Safer can personalize content presented to you through an Application. For example, you may be asked for your zip code, which could be used to provide you with relevant local weather and/or news reports for the browser.
  6. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

All controversies, disputes, demands, counts, claims, or causes of action between you and Safer arising out of, under, or related to this Agreement or our privacy practices, shall exclusively be settled through binding arbitration.

  1. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
  2. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  3. You and Safer must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and Safer, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR SAFER MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (vi) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Safer will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (vii) Safer also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (viiih) the arbitrator shall honor claims of privilege and privacy recognized at law; (ix) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Safer shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Safer customer; and (x) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
  4. Notwithstanding the foregoing, either you or Safer may bring an individual action in small claims court. In addition, if you are a user outside of the United States, the dispute resolution provision in our privacy policy (if any), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Wilmington, Delaware. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
  5. With the exception of subparts (iv) and (v) in Section 17(c) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (iv) or (v) of Section 17(c) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Safer shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Safer shall be exclusively brought in the state or federal courts specified in subsection “(d)” above.
  6. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
  7. TERMS FOR EUROPEAN UNION RESIDENTS

If (a) you are not a United States citizen; (b) you do not reside in the United States; (c) you are not downloading and/or using an Application in the United States; and (d) you are a citizen of a country within the European Union, this Section 18 and the following provisions apply to you, and Section 18 will not apply to you.

  1. You and we hereby agree that any dispute or claim arising from this Agreement shall be governed by the laws of the United Kingdom, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts located in London, England without regard to any conflict of law provisions, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
  2. Nothing in this Agreement shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. We will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using our Application(s). We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Application(s). We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct.

Last revision: October 20, 2015