End-user License Agreement
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Last revision: October 20, 2015