Last Modified: February 7, 2019
This End User License Agreement (“EULA”) govern your use of our Services (as defined herein) and the download and install of our Easy Speedtest browser extension (“Product”), including any modifications, updates, upgrades, new releases and related documentation in connection thereto ("user" or "you") and us (“Company”, “we”, “us”, or “our”).
We may amend this EULA from time to time, at our sole discretion and without notice. We will make best efforts to provide a notification, in the way we find applicable, regarding what we believe are material changes of this EULA. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to this EULA are effective as of the stated “Last Modified” date above and your continued use of the Services thereafter will constitute acceptance of, and agreement to be bound by, those changes.
You hereby warrant that you are eligible to enter into this EULA and any authorized authority, judicial order or law into entering in any agreement does not prohibit you; you have all proper authorization, if you are acting on behalf of a corporation, to enter into this EULA. You further represent and warrant that you are of legal competence to enter into this EULA and you are: (i) of the appropriate age to enter into this EULA and specifically, at least thirteen (13) years of age if you are located in the US; or at least sixteen (16) years of age if you are located in the EU. If you are located in any other jurisdiction, you are above the age defined as “child” under applicable laws. We reserve the right to request proof of age at any stage so that we can verify that children (as defined under applicable law) are not using the Services. If you are under 18, please be sure to read this EULA with your parents or legal guardians.
Our Product you install is a browser add-on that changes your browsers' new tab setting or features that you may choose to install and may affect your browsers' search settings. The unique features we provide enable you to run a speed test everytime you open the popup, as well as a direct and convenient web search. The Product enhances users’ search by providing and offering relevant advertising based on the users’ searches (collectively with Product shall be referred to as the “Services”).
The Product may include search results and advertisement, which links to third parties’ content or websites. Note that, we do not own, develop, control, monitor, review or endorses the aforesaid third-party content or websites, nor its accuracy, safety or security. Thus, any interaction with these third-parties’ content or websites shall be subject to the terms set forth by the applicable third party, and under your sole responsibility and risk.
Subject to your compliance with this EULA, the Company hereby grants you a personal, non-commercial, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use, access, download and install the Product and use the Services. Other than the limited license granted herein, we reserve all rights and interests in and to the Product, including all trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or related to the Product or Service, which are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Product. We reserve the right to disable access to the Services by anyone who uses them to infringe intellectual property rights.
You hereby represent and warrant that: (i) you are either the owner or an authorized user of the device in which the Product is installed (ii) You will install the Product and use the Services only in accordance with our instructions; (iii) you will use the Product in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under this EULA, you may not, nor may not enable anyone else to, directly or indirectly: (i) copy, share, distribute, rent, lease or offer for re-sale the license provided herein or the Product and its Services; (ii) circumvent, disable or otherwise interfere with security-related features of the Product and Services, or interfere with other users’ use of the Services; (iii) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Product and Services or any portion thereof including any source code therein; (iv) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Product, or to manipulate the Product in any manner; (v) use our name, logo or trademarks without its prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of this EULA.
THE PRODUCT AND SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE PRODUCT AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PRODUCT AND SERVICES WILL BE AVAILABLE AT ALL TIMES, SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. NOTE THAT, ANY USE OF OR RELIANCE ON THE PRODUCT AND SERVICES OR ANY INFORMATION PROVIDED THEREIN ARE AT YOUR SOLE RISK. WE ARE NOT, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE PRODUCT AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS.
IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE RESPONSIBLE OR 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 EULA OR YOUR USE OR INABILITY TO USE THE PRODUCT OR SERVICES. 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 EXTENT PERMITTED BY LAW.
You hereby expressly agree to indemnify, defend, and hold the Company (including its affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from your use of the Product and Services; or your violation of this EULA.
This Agreement is effective upon installing or using the Product or Services. The Company and the user may terminate this Agreement at any time. The Company may terminate this Agreement immediately with no further action or notice, with or without cause. You may terminate your use of the Service at any time and for any reason by removing the Product, and cease using the Services. To uninstall the Product please use your standard uninstall processes available through your browser’s Settings, and remove the extension. You may find applicable information here: Google Chrome; Mozilla Firefox;Internet Explorer.
Please note that any termination, by the Company or by the user, may result in the destruction of data associated with the user’s use of the Product. The Company shall not be liable for the termination, suspension, removal of the users’ access to the Product, Services or any part thereof. Any provisions, which by their nature are intended to survive termination, shall survive, including, but not limited, the Dispute Resolution section below.
We may, at any time and at our sole discretion, change, modify, add or remove features and functionality of our Service without notice. When installed on your computer, the Product periodically communicate with our servers to request automatic updates when we release a new version of the Product, or when we make new features available. You hereby agree that we may automatically download and install updates to the Product, from time to time, without prior notification. These updates are intended to improve, enhance and further develop the Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Product. In the event, we believe that such updates or upgrades shall materially affect your use of the Product or your rights; we will make best efforts to provide notification. Notwithstanding the above, the Company has no obligation to provide any features, functionality, upgrades or to fix errors. If you are dissatisfied with the Product or Service, your sole option is to discontinue or terminate your use of the Service and uninstall the Product.
Any dispute you have with us, you agree to first contact us at: email@example.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to this EULA by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out (“Opt-Out Statement”). The Opt-Out Statement shall include your full name and residence address. This arbitration agreement will survive the termination of this EULA. This EULA is governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision this EULA, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
This EULA constitutes the entire understanding between the parties with respect to the use of the Product and our Service. If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Company’s failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under this EULA to any third party at our sole discretion.
If you have any questions please contact us, as follows:firstname.lastname@example.org