Apollobrowser.com is pleased to release this version of our product (the “Software“). Except as otherwise indicated by Apollobrowser.com, the Software includes the desktop, mobile, tablet and any other versions of our product and any updates, new versions or new releases of the product.
THESE TERMS AND CONDITIONS (“AGREEMENT”) GOVERN YOUR USE OF THE SOFTWARE.
Apollobrowser.com is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. You indicate your acceptance of this Agreement by clicking on the “I Agree” button (if one appears), or simply by downloading, installing or using the Software. By doing any of these actions you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then RockMelt is unwilling to license the Software to you, and you may not use it, and you must immediately remove the Software from any computers or devices upon which you have downloaded or installed it.
- Information sharing. You acknowledge that the Software contains features designed to share select sites (URLs) you browse and other information. In some cases, sharing is explicitly invoked by you (e.g., when you click the Share button).
- Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Apollobrowser.com grants you a non-exclusive and non-transferable license to install and use the executable form of the Software on an unlimited number of computers or devices which are owned or controlled by you. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on a Apple-branded product that runs the iOS operating system software provided by Apple; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Apollobrowser.com reserves all rights in the Software not expressly granted to you in this Agreement.
- Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy or modify the Software; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to other users. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Apollobrowser.com and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
- Ownership. The Software is licensed, not sold. You own the media on which the Software is recorded (if any was provided to you), but Apollobrowser.com retains ownership of the copy of the Software itself, including all intellectual property rights therein, even if Apollobrowser.com incorporates any Feedback (defined below) into subsequent versions of the Software or otherwise uses such Feedback. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
- External Content. Apollobrowser.com includes many features that are designed to allow you to import and share content from other parts of the web that are important to you (such as your social network profile and friends list) and gives you easy access to that information. You hereby grant Apollobrowser.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform this content for the sole purpose of providing you with these features, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, and consents to grant this license to Apollobrowser.com. You retain copyright and any other rights you already hold to content you submit, post or display through the Software. Furthermore, you understand that all content (without limitation, text, data files, web pages, software, extensions, audio and video files, and images) which you may have access to through the Software is the responsibility of the person or entity from which the content originated, not the responsibility of Apollobrowser.com. You understand that the Software may allow you to access content that is offensive or objectionable to you and that in this respect you use the Software at your own risk.
- Updates and Upgrades; No Obligation. Apollobrowser.com is not obligated to maintain or support the Software, or to provide you with updates, upgrades or services related thereto. You acknowledge that Apollobrowser.com may from time to time in its sole discretion, issue updates or upgrades to the Software, and may automatically update or upgrade the version of the Software that you are using on your computer or device, either automatically or as a result of your request. These updates or upgrades may be designed to fix bugs, security issues, improve performance, add, remove, or update functionality, and generally improve the Software. You consent to such updating or upgrading on your computer or device, and agree that the terms and conditions of this Agreement will apply to all such updates or upgrades.
- Open-Source Software. The Software is distributed with certain independent code that is licensed under open source licenses (“Open Source Code”) and the Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
- Software from Apple App Store. The following applies to any Software accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
- You acknowledge that: (i) this Agreement is concluded between you and Apollobrowser.com only, and not Apple; and (ii) as between Apollobrowser.com and Apple, Apollobrowser.com is solely responsible for the App Store Sourced Application and content therein. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and, as between Apollobrowser.com and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Apollobrowser.com’s sole responsibility.
- You and Apollobrowser.com acknowledge that, as between Apollobrowser.com and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Apollobrowser.com acknowledge that, in the event of any third party claim, that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Apollobrowser.com and Apple, Apollobrowser.com, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You and Apollobrowser.com acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
- If you have any questions, complaints or claims with respect to any App Store Sourced Application, you may contact Apollobrowser.com by emailing us at email@example.com.
- Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Software (whether written, verbal or in any other format or manner) (“Feedback“). You acknowledge and agree that all Feedback will be the sole and exclusive property of Apollobrowser.com and you hereby irrevocably assign to Apollobrowser.com and agree to irrevocably assign to Apollobrowser.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Apollobrowser.com’s request and expense, you will execute documents and take such further acts as RockMelt may reasonably request to assist Apollobrowser.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- Confidentiality. At times, we may make available to you pre-release versions of the Software. All the terms of this Agreement apply to such pre-release versions of the Software. In addition these pre-release versions are not for use by the general public or any person not participating in the pre-release program and subject to this Agreement.
- Term. The license to the Software granted under these Terms of Service remains in effect for a period of 75 years, unless earlier terminated by you or Apollobrowser.com in accordance with this provision. You may terminate the license at any time by destroying all copies of the Software in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from Apollobrowser.com, if you breach any term of this Agreement. Upon termination, you must cease all use of the Software and promptly destroy all copies of the Software in your possession or control.
- Changes to this Agreement. Apollobrowser.com reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on our Web site or provide you with notice of the modification. By continuing to access or use the Software after we have posted a modification on the Web site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified agreement. If the modified Agreement is not acceptable to you, your only option is to stop using the Software and uninstall it from any computers or devices on which you have it installed.
- No Warranty; Disclaimer. The Software is provided “AS IS”, without warranty of any kind. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ROCKMELT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROCKMELT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. allow you to import and share content from other parts of the web that are important to you (such as your social network profile and friends list) and gives you easy access to that information. You hereby grant RockMelt a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform this content for the sole purpose of providing you with these features, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, and consents to grant this license to RockMelt. You retain copyright and any other rights you already hold to content you submit, post or display through the Software. Furthermore, you understand that all content (without limitation, text, data files, web pages, software, extensions, audio and video files, and images) which you may have access to through the Software is the responsibility of the person or entity from which the content originated, not the responsibility of RockMelt. You understand that the Software may allow you to access content that is offensive or objectionable to you and that in this respect you use the Software at your own risk.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROCKMELT’S AND ITS SUBSIDIARIES’ AND AFFILIATES’, AND ITS LICENSORS’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO ROCKMELT BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT ROCKMELT HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, ANY SUCH TOTAL LIABILITY WILL BE LIMITED TO TWENTY DOLLARS ($20). IN NO EVENT WILL ROCKMELT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ROCKMELT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Government Users. The Software and accompanying documentation are “commercial computer software” and “commercial computer software documentation”, respectively, as such terms are used in FAR 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.
- Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Software, you represent and warrant that (i) your 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 (ii) you are is not listed on any U.S. Government list of prohibited or restricted parties.
- General.This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without RockMelt’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by electronic mail, confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the email address we have on record for you (if any) for notices directed to you, or to firstname.lastname@example.org for notices directed to RockMelt. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and RockMelt have executed a separate agreement.
- Contact Information. If you have any questions regarding this Agreement, you may contact Apollobrowser.com at email@example.com.
IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE AND YOU MUST UNINSTALL IT FROM ANY COMPUTERS OR DEVICES UPON WHICH YOU MAY HAVE DOWNLOADED OR INSTALLED THE SOFTWARE.