1. User Information
You certify to Glarysoft Ltd (''Glarysoft'' or ''We'') that you are not a minor, i.e. that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her password under supervision of the parent or guardian.
2. Appropriateness of Information
The information or data provided by and through the Service may include objectionable or inappropriate material. By entering the Website or using the Service you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
4. Proprietary Rights to Information and Data
The information and data provided by or through the Service are protected by international copyright laws of Glarysoft, its third party providers, or any other User that posts information on the Website. The User acknowledges that such information and data may contain other proprietary information and material, and the User will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use.
Third party trademarks, service marks, logos and trade names appearing on any of the websites which are part of the Service are the property of their respective owners.
6. Prohibited Uses
You expressly agree not to use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Service, transmitting or uploading any viruses, worms, ''Trojan Horses'' or other similar materials onto the Service or the Website, or reproducing, sending or distributing to or through the Service any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Service or any content thereof.
7. General Copying Restrictions
a. Use the Product as licensed as follows: RETAIL use: by a single workstation only (one license per one workstation); CORPORATE use: according to the number of workstations paid for to Glarysoft Ltd. The Product is delivered in a manner to provide for the use by a single workstation. You may not use the Product for more than one workstation unless you paid to Glarysoft Ltd the appropriate license fee; in the event there is more than one single workstation using the Product, then you must pay a license fee for each additional workstation. In the event that you have any questions regarding the number of users permitted you should immediately contact Glarysoft Ltd.
b. Copy the Product for backup purposes as appropriate.
c. Transfer the Product and entire license permanently to another person if that person agrees to accept all of the terms and conditions of this Agreement. If you transfer the Product you must at the same time either transfer all copies of the Product to the same person, or destroy any copies not transferred.
d. Terminate this license by destroying the original and all copies of the Product in whatever form.
8. Monitoring of the Service
9. Third Party Vendors
The User may order or use services or merchandise through the Service from third parties not affiliated with Glarysoft (''Third Party Vendors''). All matters concerning such services and merchandise desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User. Glarysoft makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider Glarysoft, nor will Glarysoft be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Glarysoft may have received revenue or other remuneration in connection with the transaction. Glarysoft will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors. Please note that, foreign exchange rates are supplied under license by XE.com Currency Tools.
Glarysoft is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Service. As a convenience to our members, Glarysoft provides links to many resources. Glarysoft makes no representations as to the quality, suitability, functionality or legality of any sites to which Glarysoft may provide links, and the User hereby waives any claim the User may have against Glarysoft with respect to such sites.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY GLARYSOFT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. GLARYSOFT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. GLARYSOFT MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SERVICE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. GLARYSOFT DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION RECEIVED ON OR THROUGH THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE OR INAPPROPRIATE. THE INFORMATION AND DATA DELIVERED BY OR RECEIVED FROM USERS ON OR THROUGH THE SERVICE IS NOT REVIEWED, CONTROLLED OR EXAMINED BY GLARYSOFT BEFORE IT APPEARS ON THE WEBSITE. GLARYSOFT DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION OR DATA. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF INFORMATION RECEIVED FROM THE SITE AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE USE OR MISUSE THEREOF (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
12. LIMITATION OF LIABILITY
IN NO EVENT WILL GLARYSOFT BE LIABLE TO ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE SERVICE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE, EVEN IF GLARYSOFT WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
13. Disclosures of Your Information
You acknowledge and agree that Glarysoft may process information gathered from different Users visiting the Website or using or downloading material from the Service for the purpose of building a profile of User interests and activities. Based on this profile, Glarysoft may send you advertisements, offers and content, and provide you with the full benefits of the Service. Additionally, you further acknowledge and agree that Glarysoft, through its affiliated third party's component embodied within Glarysoft Toolbar (the "Component"), may trace, process and trade workstation's visiting websites data with its affiliated third party contractors and/or service providers, which may, following the receipt of such workstation's visiting websites data, store such information in their data base; and thereafter send each workstation relevant advertisements and/or offers from third parties; all according to each workstation's visiting websites data profile. During the downloading process of the Component, which is bundled within the Glarysoft Toolbar, User shall be notified that following the downloading of the Glarysoft Toolbar, his/her workstation may receive relevant advertisements and offers of services in accordance with his/her workstation's visiting websites date profile. User is free, at all times, to opt-out from his/her workstation receiving such advertisements and offers of services by taking the following alternative steps:
1. Uncheck the box of receipt of such advertisements and offers; or
2. Remove the Glarysoft toolbar from the Add/remove dialog on the operating system; or
3. Disable receipt of such services by following the "Disable Page" on the Glarysoft toolbar.
As we aggregate this type of information about all of our Users, we offer aggregated summaries to our advertisers and other interested parties so that they can learn what products and services are most popular to consumers.
European Union Users understand and consent to the processing of personal information in United States.
14. Term & Termination
At Glarysoft's request, the User agrees to defend, indemnify and to hold harmless Glarysoft, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of the Service and/or material obtained from or through any Service provided on the Website, or from your breach of these rules. You further agree that Glarysoft is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, Glarysoft is not responsible for claims arising from the User's use of the Service or the User's breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
Notices to the User may be made via either email or regular mail. Glarysoft may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices generally through the Website.
17. Receipt of Updates and Commercial Material
You agree to receive Glarysoft's updated dictionaries, encyclopedias, commercial offers, advertisement material and news, and realize that your consent to do so is essential to our consent to grant you the license.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.
19. Other Glarysoft Legal documents
END-USER LICENSE AGREEMENT FOR Glary Utilities
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Glarysoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Glarysoft. for the Glarysoft software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Glarysoft, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Glarysoft grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 2000 ®, Windows 2003, Windows XP, Windows Vista, Windows 7, Windows 8].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Glarysoft's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Glarysoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Glarysoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Glarysoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Glarysoft.
5. NO WARRANTIES
Glarysoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Glarysoft does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Glarysoft makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Glarysoft further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Glarysoft be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Glarysoft has been advised of the possibility of such damages. In no event will Glarysoft be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Glarysoft shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
1.1 Rights You Grant to Glarysoft.
By installing the Toolbar on your computer, you expressly authorize and request Glarysoft to:
a) act as your search agent to conduct inquiries on your behalf using Glarysoft's search engine and technologies and partners' sites, and collect relevant information and display it to you;
b) take actions Glarysoft deems appropriate to provide the Toolbar to you and to act on your behalf in obtaining information from partners and displaying that to you;
c) read and interpret your search requests and results on certain sites and use this information to conduct searches on your behalf, offer alternative results and to personalize The Toolbar for you;
e) start the Toolbar automatically when you start your computer, and to appear as a toolbar in your Microsoft Internet Explorer and/or Mozilla Firefox browser. You may change how the Toolbar starts and appears using the respective application options;
f) modify your Microsoft Internet Explorer and/or Mozilla Firefox browser settings for the default search engine, address bar search, "DNS error" page, "404 error" page, and new tab page to facilitate more informative responses as determined by The Toolbar;
g)communicate with Glarysoft servers from time to time to check for available software updates such as bug fixes, patches, enhanced functions and new versions (collectively, "Updates"). By installing The Toolbar, you agree to automatically request and receive Updates.
1.2 Limitations on Your Use.
a) Personal Use. You agree to use the Toolbar (as well as any information provided or made available by or through the Toolbar) only for your own personal purposes and not for the benefit of any third party or for purposes of competing with Glarysoft in any way.
b) No Scraping or Derivative Uses. Without limitation, you will not provide or make available any such information to others and you will not scrape, compile, combine or organize (or take any action similar to the foregoing, automatically or manually, with respect to) any such information. You agree not to modify, copy, publish, license, create derivative works from or sell the Toolbar or rent, lease, transfer or otherwise transfer rights to the Toolbar (this also applies to information available from or through the Toolbar).
c) Legal Uses. You agree not to use the Toolbar in a manner prohibited by law or in violation of any contractual provision by which you are bound.
d) Interference. You agree not to use the Toolbar in a manner that could overburden or restrict the Toolbar's functions, or in any manner that could interfere with any other user's ability to use the Toolbar.
1.3 Intellectual Property.
You acknowledge that Glarysoft and its partners and affiliates own all rights, title and interest in the Toolbar, and services provided through or in conjunction with the Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Toolbar. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Toolbar.
a) Although the Toolbar displays the search results, products or services (collectively "Entities"), such display in no way implies, suggests, or constitutes any sponsorship or approval of or by such Entities or their respective products or services. Glarysoft will have no liability for the actions or inactions of Entities or your use of their products or services. In any case, your use of the Toolbar, and your use of any merchants' products and/or services are at your own risk.
1.5 Limitation of Liability.
Neither Glarysoft nor its partners will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if Glarysoft or its supplier is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use Glarysoft services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Glarysoft services.
a) Third Party Agreements. You will comply with the terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to use of our services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.
b) No Agency. Except for the limited purpose stated in the 'Limited Agency' Section, you and Glarysoft are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
c) Notices. Except as explicitly stated otherwise, any notices will be given by email to email@example.com. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Glarysoft during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
d) Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Glarysoft may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of you or Glarysoft pending the completion of arbitration.
e) Governing Law. California law will govern this Agreement, except for the body of law relating to conflicts of law. Subject to the Arbitration Section, venue for any legal action will be the state courts of California. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
f) Waivers. A party's failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
g) Entire Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
h) Assignment. This Agreement and your user names and passwords are not assignable, transferable or sublicensable by you without Glarysoft's prior written consent, and any such conveyance will be null and void.
i) Attorneys' Fees. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
j) Headings. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement will control. The use of headings is for convenience and will not affect the interpretation of this Agreement.
1.9 Questions or Comments.
If you have questions or comments, please send us a note at firstname.lastname@example.org.
Last Updated: March 11, 2012