Sendori Application End User License Agreement

 

Privacy Policy

Sendori Support posted this on February 10, 2012

 

IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “END USER”, “YOUR”) AND SENDORI, INC. ("SENDORI", OR “US”). THE EULA GOVERNS YOUR USE OF THE SENDORI APPLICATION THAT WILL BE INSTALLED IF YOU ACCEPT OR AGREE TO THESE TERMS (THE "APPLICATION").  BY ACCEPTING THESE TERMS, YOU AGREE TO BE LEGALLY BOUND AND ABIDE BY THE TERMS OF THIS EULA.  IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS OF THIS EULA, YOU OBTAIN NO LICENSE TO THE APPLICATION AND YOU MAY NOT DOWNLOAD OR USE THE APPLICATION. 

BY ACCEPTING THE TERMS OF THIS EULA, YOU ARE ALSO ACKNOWLEDGING AND ACCEPTING SENDORI’S PRIVACY POLICY AND OTHER LEGAL POLICIES CONTAINED IN THIS EULA.   YOU MAY NOT ACCEPT THE TERMS OF THIS EULA, DOWNLOAD, OR USE THIS APPLICATION IF: (I) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SENDORI, INC.; OR (II) YOU ARE A PERSON BARRED FROM USING THIS APPLICATION AND THE ASSOCIATED SERVICES ACCORDING TO THE LAWS OF UNITED STATES OR OTHER COUNTRIES, INCLUDING THE COUNTRY FROM WHERE YOU MAY INTEND TO DOWNLOAD OR USE THE APPLICATION.  THIS PRODUCT AND ALL ITS CURRENT FEATURES ARE FREE.  NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED.  THIS PRODUCT IS NOT SPYWARE OR ADWARE. 

1.              Using the Sendori Application

1.1      The Application and associated Services are tools intended to improve your web navigation, including but not limited to direct navigation, search services and blocking of known malicious sites.  The Application embodies proprietary technology intended to determine and categorize web domains to redirect you away from undesired or non-existing domains.

 The Sendori Application once installed and activated:

(i)     Updates your DNS settings; 

(ii)   Redirects you from Non-Existent Domains (where no domain exists) and from “typo squatting” domains (domains that take advantage of a typographical error to lead you away from your intended website destination) to the web pages where you aimed to navigate, to category relevant web pages where Sendori may have a partnership, or to a search results page giving you additional navigation or search choices;  

(iii)  Blocks you from navigating to malicious domains;

(iv)  Allows you continue to a blocked domain if specifically requested;

(v)    Improves your DNS performance speed.

 

1.2   The Application’s navigation bar (the “Application Navigation Bar”) may appear on top of the web pages to which you will be redirected when you mistype a domain name and/or web address into the address bar of your web browser.

 

1.3   When the Application redirects you away from an undesired or non-existent domain, messaging may appear to notify you of a redirect to another web page. You may see the Application’s Navigation Bar at the top of the web page to which you have been redirected. Advertising may be displayed within the Application’s Navigation Bar. If you are redirected to an advertiser page, the Application’s Navigation Bar will frame the advertiser page.  Although the advertiser’s site within the frame will be the advertiser's website, the URL in your browser’s address bar will show you are working within the Application’s Navigation Bar. You can close the Application’s Navigation Bar at any time.

 

1.4    How to Uninstall the Application. You can easily uninstall the Application as follows:  Make sure all your browser windows are closed before starting the uninstallation process. Click on the "Start" button; then click on the "Settings" button, then click on the "Control Panel" button, then click on the "Add or Remove Programs" button, then select “Sendori”, then click on the "Change/Remove" button. 

2.              License Grant

Subject to the terms and conditions of this EULA, Sendori, Inc. (“Sendori”, "we" or "us") grants you a non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, limited license, to: (a) download and install the most current generally available version of the Application; and (b) use the Application solely for your personal, non-commercial purposes. The term Application includes all Updates Sendori may make generally available and automatically install in your computer

3.              License Conditions

You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer the Application or this EULA or use the Application for the benefit of any third party in any manner.

You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Application, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Application in any way. You do not have the right to and may not create derivative works of the Application.  All modifications or enhancements to the Application, whether created by us, you, or a third party, remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our Services or your use of the Application at any time. We may at any time suspend or terminate any license under this EULA and disable the Application or any of its component features or functionalities.

3.1           Consent to Use of Data and Sendori Privacy Policy

You acknowledge and agree that to enable the Application functionality we will collect and use certain technical data and related information in consistency with our Privacy Policy.  This information is gathered periodically to facilitate the provision of Application Updates, and other services to you, related to the Application. We will use the information as outlined in the Privacy Policy. Any use or collection of information will be in a form that does not personally identify you and that does not exceed what is described in the Privacy Policy.

3.2           Automatic Updates   

We reserve the right to add or remove features or functions to the Application. When installed on your computer, the Application will periodically communicate with our servers to request automatic updates when we release a new version of the Application, or when we make new features available (“Update” or “Updates”). The Updates may occur automatically with or without additional notice to you and may occur all at once or over multiple sessions.

We may require the updating of the Application on your computer.  You acknowledge and agree that your acceptance of such automatic Application Updates is a condition for the continued use of the Application.  The automatic Updates functionality is built in into the Application and cannot be opted out of.  You further acknowledge that not all of the Sendori functionality may be available in your system.  Sendori may, but is not obligated to make available any subsequent versions of the Application to you.

3.3           Services and Settings Updates

In this EULA, “Services” shall refer to the web search and other services offered by Sendori through the Application.  These Services are provided through its network of distribution partners or directly through the Sendori website.

By installing and running the Application on your computer you acknowledge and agree that any or all of your current browser and operating system settings on all supported browsers and operating systems installed on your computer may be modified to enhance or to enable the Application functionality. These browser and operating systems modifications are aimed to provide a better user experience while enabling you to navigate to the web domains that may be more relevant to your intended use. 

You acknowledge and agree that unless explicitly stated otherwise: (i) any new features that enhance the current Application and Services, including the release and modifications to the functionality, shall be subject to the EULA; (ii) the form and nature of the Services provided through the Application may change from time to time without prior notice to you; and (iii) Sendori may stop (permanently or temporarily) providing the Application or Services (or any features associated with the Application) to you or to all users at Sendori’s sole discretion and without prior notice to you.

You may stop using the Application and Services at any time. You do not need to specifically inform Sendori when you stop using the Application or Services.

4.              Ownership

You acknowledge and agree that the Application is licensed, not sold to you. You acknowledge that the Application, including all code, protocols, software and documentation provided to you by us in conjunction with the Application or our Services are our property or the property of our licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Application. All rights not expressly granted hereunder are expressly reserved to us and our licensors.

 By accepting the terms of this EULA, downloading, or using the Application, you represent and warrant that you are either the owner or an authorized user of the computer where the Application is or will be installed.  You may use the Application and Services only for lawful purposes.  The Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of our Application and Services.  You agree not to use the Application or Services to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or by any contractual provision by which you are bound.

 5.             Access and Interference; Passwords

 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 any of the Application, or Services except to remove our Application from a computer of which you are an owner or authorized user.  You may not violate or attempt to violate the security of our Application.  We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.  You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.

 6.             Disclaimer of Warranty

 YOU ACCESS, DOWNLOAD AND USE THE APPLICATION AND ASSOCIATED SERVICES AT YOUR SOLE RISK.  WE PROVIDE THE APPLICATION AND ASSOCIATED SERVICES ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE APPLICATION OR ASSOCIATED SERVICES, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE APPLICATION.

 WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY:  (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE APPLICATION AND RELATED SERVICES, (B) THAT THE APPLICATION WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATION WILL BE CORRECTED.  WE ALSO DO NOT WARRANT THAT THE APPLICATION OR THE INFORMATION AVAILABLE THROUGH THE APPLICATION IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO UNINSTALL AND CEASE USE OF THE APPLICATION AND SERVICES.

 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.

 7.             Termination

 You may terminate this EULA at any time by uninstalling and destroying all copies of the Application in your possession or control.

 If you do not comply with this EULA, at any time, we reserve the right to terminate your access to the Services through the Application. We may discontinue or alter any aspect, or functionality of the Application or the Services, including, but not limited to, (i) restricting the time the Application or the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Application or the Services, at our sole discretion and without prior notice or liability.  We may also, in our sole discretion, terminate your use of the Application or the Services, and disable your use of the Application, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these EULA.  Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Application or Services.  

 8.             Limitation of Liability

 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SENDORI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR THE INABILITY TO USE THE APPLICATION OR THE SERVICES.

 BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 9.         Indemnification

You agree to indemnify and hold Sendori harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable attorney’s fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to, or are based on your breach of this EULA or your use of the Application or Services.

10.           Export Controls

 The Application and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the Application, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

 11.        Notice to Government End Users

 The Application and associated software, programs and documentation hereunder downloaded or otherwise 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.

12.        Applicable Law

 The substantive laws of the State of California 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 Application or Services.  You hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in San Francisco County, California, with respect to all matters arising out of or relating to this EULA. 

 13.          Severability and Illegality

If any of the provisions of this EULA shall be declared illegal or unenforceable in whole or in part, such provisions shall be severable and independent from the other provisions of this EULA, and the validity of the other provisions and of the entire EULA shall not be affected.

14.           Third Party Rights.

 

The provisions of this EULA are intended only to have effect between Sendori and yourself and are not intended to confer any benefit or right of enforcement upon any other person. 

15.           Customer Concerns.

 If you encounter any problem with the Application, or would like to send us your feedback, please contact us at eula@sendori.com.

 

Revised:  February 10, 2012.  © 2012 Sendori, Inc., All rights reserved.

 

Sendori and other trademarks contained in the Application are trademarks or registered trademarks of Sendori, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.   You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Application.   This EULA does not authorize you to use Sendori's or its licensors' names or any of their respective trademarks.