WIKIHIGHLIGHT.COM - END USER LICENSE AGREEMENT
NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT. BY INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT. YOU ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU MAY RECEIVE CONTEXTUAL LINK ADVERTISING VIA HIGHLIGHTED LINKS. THE LICENSED SOFTWARE CAN BE UNINSTALLED FROM A BROWSER (OR BROWSERS) WITH THE BROWSERS' SOFTWARE EXTENSION OR ADD-ON FUNCTIONALITY (SEE DETAILED INSTRUCTIONS HERE: http://wikihighlight.com/uninstall.html).
This End-User License Agreement (the "Agreement") is an important legal agreement between you (the "Licensee") and wikihighlight.com ("Licensor"). Licensor is willing to license the Licensed Software (as defined below) to you, provided that you agree to and accept all of the terms and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Special Notice for Non-English Speakers:
Special Notice for Residents of the State of Alaska, USA:
Unfortunately, according to SB 140 (Alaska), persons who reside in the State of Alaska may not install the Licensed Software. Therefore, by installing or using the Licensed Software you represent and warrant that your computer is not located in the State of Alaska. To the extent that our system is reasonably able to recognize that your computer is located in the State of Alaska, we will not enable you to install the Licensed Software.
Notice for All Users:
By Watching the Licensed Software, you may get free access to sponsored content across the Internet. The Licensed Software is a service of Licensor.
1 DEFINITIONS. The capitalized terms used but not otherwise defined in this Agreement shall have the following meanings:
1.1 "Agreement" or "License" means this End User License Agreement.
1.2 "Licensee" or "you" means the individual who agrees to license the Licensed Software in accordance with the terms and conditions of this Agreement.
1.3 "Licensed Software" means collectively the Software and Updates.
1.4 "Software" means contextual link application Wikihighlight installed by Licensee pursuant the terms of this Agreement, together with the software applications, documentation and local computer files installed or utilized by Licensee in connection therewith, and all updates, modifications or patches thereof.
1.5 "Updates" means any bug fixes, upgrades, modified versions or updates to the Licensed Software.
1.7 "Use", "Used" or "Using" means to access, install, Watch, copy or benefit from using the functionality of the Licensed Software.
2 PERMISSION/AUTHORITY TO WATCH LICENSED SOFTWARE
2.1 Permission to Watch Licensed Software. This Agreement contains important legal obligations. Pursuant to applicable laws including, without limitation, the Electronic Signature Law and Uniform Electronic Transactions Act ("UETA"), by clicking "I Agree" or any other equivalent button or link with the browsers' software extension or add-on functionality, Licensor will treat Licensee's affirmative action as equivalent to a signed written contract that will legally bind Licensee to the terms of this Agreement. Licensee should carefully review the terms of this Agreement before clicking "I agree" or any other equivalent button or link.
3 SOFTWARE LICENSE AND RESTRICTIONS.
3.1 License Grant. Upon acceptance of the terms and conditions of this Agreement, as evidenced by clicking or any other equivalent button or link and continuing with the installation procedure, Licensor grants Licensee a non-transferable, non-exclusive, revocable, non-sub licensable license to Use the Licensed Software, in binary or script language executable form only, solely in accordance with the terms and conditions set forth in this Agreement. The Licensee agrees not to Use the Licensed Software in any manner that could damage, disable, overburden or impair the Licensed Software, including, without limitation, Using the Licensed Software in an automated manner or in any other manner which could interfere with any other party's use and enjoyment of the Licensed Software.
3.2 Restrictions. As a material condition to the license granted in Section 3.1 above, you will: (a) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of Licensor or Licensor's affiliates in the Licensed Software, (e) not Use the Licensed Software for purposes for which it is not designed, and (f) only Use the Licensed Software for personal, non-commercial use.
4 OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You represent and warrant either that you are the owner of the computer up which you intend to Watch the Licensed Software and that you have authorized the Watch and installation of the Licensed Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Licensed Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Licensed Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Licensed Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Licensed Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 18.
5 INTELLECTUAL PROPERTY RIGHTS. The Licensed Software is the intellectual property of, and owned exclusively by, Licensor, its affiliates or suppliers. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor, its suppliers or affiliates. The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by Licensor and its affiliates or suppliers.
6 UNINSTALLATION. You understand and agree that the presence of the Licensed Software on your computer is voluntary and that you may remove the Licensed Software from your computer at any time by following instructions published under http://wikihighlight.com/uninstall.html link. Please note that the above is the only proper way to ensure complete removal of all Licensed Software files. Should you have any questions regarding the removal of the Licensed Software, please contact firstname.lastname@example.org.
7 UPDATES. Licensor, in its sole discretion, may provide you with Updates to the Licensed Software as part of this Agreement. The Licensed Software may check with Licensor for the existence of any Update released and, in the event that one is available, the Licensed Software may update itself automatically or prompt you to update the Software. Nothing herein shall be construed or interpreted as requiring that Licensor provide Updates.
8 DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
8.1 No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR, ITS AFFILIATES OR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL WATCHED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE Watch OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY. LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
8.2 Limitation of Damages. LICENSOR, ITS AFFILIATES OR SUPPLIERS WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. 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 MAY NOT APPLY TO YOU
8.3 Indemnity. Licensee agrees to indemnify, defend, and hold Licensor and all of the directors, officers, shareholders, affiliates, employees, and agents of Licensor (collectively referred to as "Licensor's Agents") harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, expert witness fees, and reasonable attorneys' fees that Licensor, Licensor's Agents shall incur or suffer, which arise, result from, or in any way relate to: (a) any breach of, or failure by Licensee to perform any of the representations, warranties, covenants or agreements in this Agreement; (b) Licensee's violation of any applicable law or regulation, whether or not referenced herein; and (c) Licensee's violation of any rights of any third party.
9.1 Use of Information. By entering into this Agreement, Licensee agrees that Licensor may collect and retain information about Licensee, including Licensee's IP address, browser user agent, sites which Licensee visits and keywords which Licensee is interested in getting Wikipedia definition. Licensor have no intention to disclose the information to third parties (unless required to do so by law).
10 COMPATIBILITY. Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 6, above. Like all software, the Licensed Software utilizes some of your computer's resources to run, including system memory and Internet connection. Use of the Licensed Software on a computer with inadequate system resources will cause such computer's performance to suffer.
11 USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
12 EXPORT. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
13.1 Entire Agreement. This Agreement set forth the entire understanding of the parties with respect to the subject matter hereof. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement. No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version. Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default. In the event of a conflict between this Agreement and any Third Party Agreement with respect to the use of the Licensed Software and the obligations, duties or liability of Licensor, this Agreement shall control notwithstanding such conflicting language.
13.2 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
13.3 Governing Law and Venue. This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Panama, without giving effect to the principles of conflict of laws. Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Panama for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum).
13.4 Injunctive Relief. Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy. Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at email@example.com.
July 10, 2013