1. Modification. We may, at our sole and absolute discretion, change, modify, add to or delete any of the terms and conditions of this TOS, at any time, without prior written notice to you. If we update this TOS, we will post the revised TOS on the Software’s web site App (“Site”), and will update the “Last Update” above, and if the update is material, we will ask for your consent to it. The most current version of this TOS will always be available to you as part of the Site as a link in the homepage(s) and new tab(s). Your continued use of any part of the Software, following any change to this TOS, constitutes your complete and irrevocable acceptance of any such change. If any modification to the TOS is not acceptable to you, your only recourse is to uninstall the Software. This TOS will also govern any upgrades and/or updates to the Software by us, unless these upgrades and/or updates are accompanied by a separate end user license agreement, in which case, the terms and conditions of that separate end user license agreement will govern.
2. The Software. Following your acceptance of this TOS, the Software will be installed on your computer. The Software is an app or browser extension that changes your Chrome browsers’ new tab to a custom new tab page created by us, that provides features such as a search box, background images chooser, digital clock, weather indicator, quotes, buttons, menus and links… Other than the custom new tab page, the Software does not modify any browser settings (homepage, default search engine…). The Software is published on Google’s Chrome Web Store, we only allow users to download and install it by visiting the Chrome Web Store and clicking the “Add to Chrome” button on Google’s Chrome Web Store. Any installation source other than Google’s Chrome Web Store is FORBIDDEN (such as third party’s software bundle, silent installers…). YOU MUST UNINSTALL the Software immediately if you download and install the Software from the forbidden sources.
3. The Software will automatically update once a new version is released but should the update be material, we will provide you with notification thereof and ability to decline such update. (D) Due to technical considerations the changes on your device may not be available immediately following their installation. (G) If you wish to uninstall the Software, use the Chrome extension standard uninstall processes available by your Chrome browser(s). For purposes hereof, the term “Cookie” means a small text file sent from a website and stored on your computer while you are browsing such website, for the purpose of recording your preferences.
4. License. Subject to the terms and conditions of this TOS, we hereby grant you a limited, royalty-free, non-exclusive, revocable, non-transferable, non-sub-licensable to install and use the Software only on a single computer device that you own. This license is limited to your personal use and is not intended to permit professional or commercial use of the Software. We reserve all rights not expressly granted to you hereunder. You may not remove, modify and/or delete any intellectual property right or proprietary notices or markings that are part of the Software.
5. Restrictions. THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. Other than the rights explicitly granted to you in this TOS, you have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, you agree and undertake not to: (i) sell, lease, share, sublicense or distribute the Software, or any part thereof, or otherwise transfer the Software; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to access the Software’s source code; (iii) modify, revise, enhance, or alter the Software; (iv) copy or allow copies of the Software to be made; (v) permit others to use the Software via a timesharing, outsourcing, service bureau, application service provider, managed service provider or similar arrangement; (vi) use the Software in any way that is intended to violate any law or regulation; (vii) represent that you possess any proprietary interest in the Software; and (viii) use the Software in illegal manner or for unlawful purposes including without limitation infringement or misappropriation of any intellectual property rights or right of privacy or right of publicity of any third party.
6. Title & Ownership. The Software is protected under intellectual property rights laws. You acknowledge and agree that the technology manifested in the operation of the Software constitutes our, and our suppliers’ valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss. All right, title and interest in and to the Software, any related features and/or services and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to the Software or any related features and/or services, are and will remain owned solely by us. This TOS does not convey to you an interest in or to the Software, but only a limited right of use in accordance with the terms herein. Nothing in this TOS constitutes a waiver of our intellectual property rights under any law. The license granted herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
7. Your Representations and Warranties. You hereby represent and warrant that: (i) you will only use the Software as permitted under this TOS; (ii) you will use the Software in full compliance with all applicable laws, rules and regulations and industry best practices; (iii) you will not use the Software for any fraudulent or inappropriate purpose; (iv) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) you are not listed on any list of U.S. Government list with respect to prohibited or restricted parties.
8. Open Source. You acknowledge that open source code components are included in the Software (“Open Source Code(s)”). The Open Source Codes are licensed to you under the terms of the applicable open source license agreements included in the materials relating to such Open Source Code(s). The Open Source Codes are composed of individual software components, each of which has its own copyright and its own applicable license conditions which shall apply respectively notwithstanding any provision in this TOS to the contrary. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Codes and the provisions of this TOS, the provisions of the Open Source Codes shall prevail. Restrictions under this TOS concerning modification, confidentiality and other provisions do not apply to such Open Source Codes.
9. Government Users. Any use, duplication, or disclosure of the Software by the U.S. government is subject to the restrictions as set forth in this TOS and in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
10. Disclaimer. We are not obligated to maintain or support the Software, or to provide you with updates, fixes, or services related thereto. THE SOFTWARE AND ANY RELATED FEATURES ARE PROVIDED “AS IS” and “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF DESIGN, OPERATION, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION, MERCHANTABILITY, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING FROM USE OR PERFORMANCE OF THE SOFTWARE AND ANY RELATED FEATURES PROVIDED BY US, OR RELIANCE ON ANY OUTPUT RESULTING FROM USING THE SOFTWARE IS SOLELY BORNE BY YOU. WE DO NOT WARRANT THAT THE SOFTWARE, ANY RELATED FEATURES AND/OR ANY SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION, OR THAT IT WILL MEET YOUR EXPECTATIONS. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE, ANY RELATED FEATURES AND/OR ANY SERVICES, IS TO UNINSTALL IT. Some legal jurisdictions do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you.
11. Limitation of Liability. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF THIS TOS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY DAMAGES WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOSS OF GOODWILL, LOST PROFITS OR GOODWILL, LOST OR DAMAGED DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUFFERED BY YOU AND/OR ANY THIRD PARTY. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS TOS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED US$1,000. THE LIMITATIONS HEREIN SHALL APPLY EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF CONSEQUENTIAL DAMAGE.
12. Indemnity. You shall indemnify, defend, and hold us and our directors, officers, and employees from and against all claims, suites, costs, damages, losses, liability, and expenses, including reasonable attorneys’ fees and other legal expenses, arising from or incurred as a result of your use of the Software, or your violation of this TOS.
13. Term and Termination. This TOS is valid as of the date in which you installed the Software. Without prejudice to any other rights, this TOS and your right to use the Software automatically terminates without notice, if you fail to comply with any provision of this TOS. We may terminate this TOS at any time with or without prior notice. You may terminate this TOS at any time by un-installing the Software and resetting your settings as provided in Section 2(G) above. Upon termination of this TOS, the license granted to you in this TOS shall expire and you must cease using the Software and un-install it from your applicable device. Notwithstanding any termination of this TOS, the provisions of Sections 5 (Title and Ownership), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnity), 15 (General) and this Section 13 shall survive and continue to be legally binding upon you and us.
15. General. This TOS constitutes the entire agreement between the parties and supersedes all prior oral or written communications, agreements and/or understandings. The section titles in this TOS are provided for convenience purposes only and shall have no legal significance. If a court of competent jurisdiction finds any provision of this TOS to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the TOS shall continue in full force and effect. You may not assign this TOS. We shall be entitled to assign this TOS at our discretion. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. No partnership or joint venture is created hereunder. This TOS shall be construed and governed in accordance with the laws of New York, U.S.A (regardless of its conflict of law provisions). You agree to the exclusive jurisdiction of New York, U.S.A Courts. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. If we fail to enforce any rights or to take action against you in the event of any breach hereunder, it shall not be deemed a waiver of such right or of subsequent actions in the event of future breaches. Except as required by law, the controlling language of this TOS is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
16. Trademarks. Our website and browser extensions are fan-made (unofficial). We are not affiliated with or sponsored by the entity whose materials are represented in the extensions. By downloading, installing and/or using our extensions, you acknowledge that our website and browser extensions are not affiliated with or sponsored by the entity whose materials are represented in the extensions.
17. Contact Us. If you have any questions, complaints and/or claims, you may contact us at: info (@AT@) colourcure.xyz.