1. The Software. Following your acceptance of this EULA, the Software will be installed on your computer. The Software is an app or browser extension that changes your 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, sticky notes, to-do tasks, reminders, buttons, menus and links.
2. License. Subject to the terms and conditions of this EULA, 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.
3. Restrictions. THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. Other than the rights explicitly granted to you in this EULA, 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.
4. 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 EULA 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 EULA 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.
5. 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.
6. 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 EULA 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 EULA, 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.
7. 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 EULA.
8. Term and Termination. This EULA is valid as of the date in which you installed the Software. Without prejudice to any other rights, this EULA and your right to use the Software automatically terminates without notice, if you fail to comply with any provision of this EULA. We may terminate this EULA at any time with or without prior notice. You may terminate this EULA at any time by un-installing the Software and resetting your settings as provided in Section 2(G) above. Upon termination of this EULA, the license granted to you in this EULA shall expire and you must cease using the Software and un-install it from your applicable device. Notwithstanding any termination of this EULA, the provisions of Sections 4 (Title and Ownership), 5 (Disclaimer), 6 (Limitation of Liability), 7 (Indemnity) and this Section 8 (Term and Termination) shall survive and continue to be legally binding upon you and us.
9. Trademarks. Our photos are provided from UnSplash 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.
10. Contact Us. If you have any questions, complaints and/or claims, you may contact us at
400 Concar Dr, San Mateo, CA 94402