Last Updated: July 20, 2016
Tabify.io (“Tabify.io”) is pleased to provide you its non-mobile downloadable search applications including browser extensions/add-ons which are installed on your computer (each, a “TBF Product”, and collectively, the “TBF Products”). PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY TBF PRODUCTS, for this End-User License Agreement governs your use of the TBF Products and how we provide our TBF Products.
This End-User License Agreement (“EULA”) is a legal agreement between you and the Tabify.io and its parent, affiliate and subsidiary companies (collectively, “Tabify.io”, “we”, “us” or “our”) for the TBF Products. By installing or otherwise using the TBF Products, you: (a) agree to be bounded by the terms of this EULA, (b) you are the owner or an authorized user of the computer or mobile device in which the TBF Product will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it. The terms of this EULA also applies to any TBF Product updates, supplements, and services. If you do not agree to the terms of this EULA, do not install or use the TBF Products. Tabify.io may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the TBF Products.
Tabify.io may acquire or develop new TBF Products from time to time that require additional end user license terms. In such case, we may add these additional provisions in a product specific annex or section that will only apply to such new TBF Product and will not vary the terms of this EULA in relation to your use of existing TBF Products (and, as such, we will not be required to notify you of such additional terms unless you also use the new TBF Products).
If you have any questions or concerns regarding the terms herein, please email Tabify.io at [email protected] Do not use the TBF Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government’s consumer protection agency or a local consumer advocacy group.
2. Age Requirement
You must be 13 years of age or older to install or to use the TBF Products. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the TBF Products for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a TBF Product, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the TBF Products or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the TBF Products, please contact us at [email protected]
3. Grant of License
Subject to your compliance with the terms and conditions of this EULA, Tabify.io grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the TBF Products (including all updates thereto) solely for your lawful, personal, and non-commercial use.
4. Description of Other Rights and Limitations
A) Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the TBF Products or use the TBF Products for the benefit of any third party. You may not install the TBF Products on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the TBF Products, except to remove our TBF Products from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any TBF Products, or attempt to do so for any reason. You may not access, create or modify the source code of any TBF Products in any way. You do not have the right to and may not create derivative works of any TBF Products. All modifications or enhancements to an TBF Products remain the sole property of Tabify.io.
B) TBF Products Updates. We reserve the right to add or remove features or functions to existing TBF Products. When installed on your computer, the TBF Products periodically communicates with our servers. We may require the updating of the TBF Products on your computer when we release a new version of the TBF Products, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the TBF Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the TBF Products.
C) Mobile Usage. If you access an TBF Product through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. Downloading, installing or using certain TBF Products may be prohibited or restricted by your network provider and not all TBF Products may work with your network provider or device.
5. TBF Product Functionality
TBF Products allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “TBF Product Functions”). The TBF Product Services are provided by Tabify.io and third party suppliers who offer content and services in conjunction with or through an TBF Product (the “Third Party Partners”). The TBF Product Functions may be provided via your desktop, within your browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer), or within separate browser windows displayed over or under your principal browser window or by other means. TBF Products Functions may provide you with Internet search functionalities (for example, via a search box located within the TBF Product itself), the ability to reset your homepage, start page and/or tab page, the ability to reset your browser default search setting (thereby allowing you access to our Internet set features via your browser’s address bar, omnibox and/or chrome search box), and/or links to other Tabify.io products or websites.
6. Third-Party Partners
A) Third-Party Services and Content. The TBF Products may integrate, be integrated into, bundled, or be provided in connection with third-party services, feeds and/or content. If you are installing an TBF Product that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. TBF Products may provide access to search results or other links to Third Party Partner websites or resources. Tabify.io has no control over such sites and resources, in which you acknowledge and agree that Tabify.io is not responsible for the availability of such external sites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Tabify.io shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such site or resource.
B) Access to Third-Party Services and Content through TBF Products. All services, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through a TBF Product, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an TBF Product you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Tabify.io be liable in any way for any Content created by or originating with entities other than Tabify.io, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an TBF Product.
We have security measures in place that are designed to safeguard and help prevent unauthorized access to information we collect online through our TBF Products. We utilize both industry and proprietary standards to preserve the confidentiality of information. We seek to limit access to our users’ information to employees who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. Unfortunately, no security system can be 100% secure; accordingly, we cannot guarantee the security of the information that we collect online.
8. Registration and Password
A) Registration. Most TBF Products will not require a registration: however, some TBF Products may permit or require you to create an account to participate or access additional features or functionalities (“Registration”). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities, associate website or specific service. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner’s website for their policies.
B) Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
C) Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the TBF Product, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of our services.
9. Un-install/Removal of a TBF Product
You can easily uninstall a TBF Product by either: (1) following the steps described in Windows Add/Remove programs dialog found in the control panel, or (2) removing it from the browser addon settings
A) Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the TBF Product(s). It is your obligation to ensure that such content, including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted content that you contribute, submit or display.
B) Tabify.io respects and expects its users to respect the rights of copyright holders. On notice, Tabify.io will act appropriately to remove content that infringes the copyright rights of others. Tabify.io reserves the right to disable the access to TBF Products or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others.
You understand that Tabify.io, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any TBF Products at any time. Further, Tabify.io, with or without any reason, may at any time suspend or terminate any license hereunder and disable the TBF Products or any of its component features. You agree that Tabify.io shall not be liable to you or any third-party for any termination or disabling of the TBF Products.
13. Disclaimer of Warranty
ALL TBF PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. TABIFY.IO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, TABIFY.IO MAKES NO WARRANTY THAT THE TBF Product WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE TBF PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE TBF PRODUCT OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN TBF Product REMAINS SOLELY WITH YOU.
TABIFY.IO EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TABIFY.IO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TABIFY.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE TBF PRODUCT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE TBF PRODUCT. IN NO EVENT SHALL TABIFY.IO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AN TBF PRODUCT.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE TBF PRODUCT, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TABIFY.IO, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE TBF PRODUCTS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY TABIFY.IO OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
16. Notice to Government End Users
Any TBF Products installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms 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 or 48 C.F.R. 227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
17. Governing Law and Other Miscellaneous Terms
The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the TBF Products. You hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this EULA.
No failure or delay by Tabify.io in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
18. How to Contact Us
If you have any questions about this EULA or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
email: [email protected]
END OF DOCUMENT.
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