Maiar Terms Of Use


To learn how we use data for the Maiar Browser, see the Maiar Browser Privacy Policy

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY ELROND, LTD. (MAIAR). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MAIAR WEB BROWSER AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING WWW.MAIAR.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY MAIAR IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

End-User License Agreement for MAIAR Browser
BY ACCEPTING DELIVERY OF THE SOFTWARE AND/OR SERVICES, YOU (HEREINAFTER “User”) ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY MAIAR SOFTWARE, ASA (“Maiar”), ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. MAIAR IS WILLING TO MAKE THE SOFTWARE AVAILABLE TO USER ONLY UPON THE CONDITION THAT USER ACCEPTS THE TERMS OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.

TERMS AND CONDITIONS. This End-User License Agreement (the “Agreement”) is between User and Maiar. This Agreement governs User’s use of the Software provided to User by Maiar, including any releases of or to the Software that User may receive from Maiar, together with the documentation included therewith.

1. DEFINITIONS. For purposes of this Agreement, the following terms will have the following meanings: 1.1 “User” means the legal entity or person who orders or downloads the Software and/or activates the Services. 1.2 “Documentation” means the standard end-user technical documentation, specifications, materials and other information Maiar supplies with the Software and/or Services. 1.3 'Services' means the various services to which Maiar provides users with access, including without limitation, search services, personalized content and branded offering through its network of services that may be accessed through any various medium or device now known or hereafter developed. 1.4 “Software” means the proprietary Maiar software products (in object code format only) delivered to User hereunder (including but not limited to the Maiar browser ), together with any update or upgrade thereto, when and if made available to you by Maiar. 1.5 “Third-Party Software” means the software of certain third parties that Maiar may deliver with the Software, including but not limited to widgets or extensions of certain third parties and independent developers. 1.6 “Use” means to cause a computer system to execute any machine-executable portion of the Software in accordance with the Documentation or to make use of any Documentation or related materials in connection with the execution of any machine-executable portion of the Software.

2. LICENSE. Subject to the terms and conditions of this Agreement, Maiar hereby grants User a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services and to install and Use the Software supplied to User hereunder, as installed on User’s personal computer, including your laptop, desktop, or on computers within User’s organization.

3. LICENSE RESTRICTIONS AND THIRD-PARTY SOFTWARE. 3.1 User shall not and shall not allow any third party to: (a) use the Software or Services except as expressly permitted under Section 2; (b) separate the component programs of the Software for use on different computers; (c) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Software or Services; (d) sublicense, lease, rent, loan, or distribute the Software or Services to any third party; (e) transfer the Software or Services to any third party; (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, (i) except as permitted by applicable law, or (ii) solely to the extent required to debug changes to any third party LGPL-libraries linked to by the Software; (g) remove, alter or obscure any proprietary notices on the Software or Services, or the applicable documentation therefore; or (h) allow third parties to access or use the Software or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements. 3.2 Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. Maiar shall not be responsible for any Third Party Software.

4. USE OF SERVICES 4.1 Maiar provides users with access to a rich collection of resources and Services, including without limitation various communications tools, personalized content through its network of services which may be accessed through any various medium or device now known or hereafter developed. Certain features of these Services may allow User to post or send content that can be viewed by others ('User-Generated Content'). User agrees that Maiar is not liable for User-Generated Content that is provided by others. Maiar has no duty to pre-screen User-Generated Content, but Maiar has the right to refuse to post, edit, or deliver submitted User-Generated Content. Maiar reserves the right to remove User-Generated Content for any reason, but Maiar is not responsible for any failure or delay in removing such material. Maiar reserves the right to block any user's access to any content, website or webpage that Maiar provides in our sole discretion. 4.2 Disputes may arise between User and others or between User and Maiar related to content, including User-Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. User agrees that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that User posts, transmits, re-transmits or receives through the Services, Maiar's network or Software are User’s sole and exclusive responsibility. Maiar may at its discretion block certain websites or domains and re-route you to other pages. 4.3 Maiar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that Maiar shall not be liable to User or to any third-party for any modification, suspension or discontinuance of the Services. 4.4 Without limiting the applicability of the foregoing general terms, the following terms and conditions apply for the specific services discussed below.

5. PROPRIETARY RIGHTS. User acknowledges and agrees that the Services and the Software, including without limitation the Software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Maiar and its suppliers and is considered Maiar confidential information. The Software and Services are licensed and not sold to User, and no title or ownership to such Software or Services or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Software and Services and all intellectual property rights therein are the exclusive property of Maiar and its suppliers, and all rights in and to the Software and Services not expressly granted to User in this Agreement are reserved. Maiar owns all copies of the Software, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Maiar, except to the extent necessary for User to use the Software or Services as expressly permitted under this Agreement.

6. PRIVACY. Maiar takes the matters of protection and security of its users information very seriously and will treat any and all such information in accordance with the Maiar Privacy Statement, which is located at www.maiar.com/privacy, and incorporated into this Agreement by this reference.

7. TERM AND TERMINATION. The term of this Agreement will commence upon User’s download of the Software and/or User’s commencement of the Services and, unless earlier terminated as provided in this Section 7, will continue in perpetuity. This Agreement will immediately terminate upon User’s breach of this Agreement, unless such breach is curable and is actually and immediately cured by User after Maiar provides notice of breach to User. Upon the termination of this Agreement, User will discontinue all use of the Software and/or Services, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Maiar, certify in writing to Maiar that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Maiar. Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, and 12, shall survive such termination.

8. DISCLAIMER OF WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE ARE HEREBY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. MAIAR DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND MAIAR. MAIAR WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO MAIAR UNDER OR BY VIRTUE OF THIS AGREEMENT.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL MAIAR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF MAIAR ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO MAIAR IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO USER. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO MAIAR HAVE ANY LIABILITY TO USER UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND MAIAR. MAIAR WOULD NOT PROVIDE THE SOFTWARE TO USER ABSENT SUCH LIMITATION.

10. NOTICES. All notices required under this Agreement will be given as follows: (a) in the case of notices to Maiar, by certified mail, return receipt requested, to the following address: Chief Operating Officer, Elrond Ltd, Ground Floor, Palace Court, Church Street, St. Julians, Malta, such notice to be deemed effective upon receipt by Maiar; and (b) in the case of notices to User, by email to the email address that User provided to Maiar prior to initiating the download of the Software or start of the Services, such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours after sending, or (ii) User’s actual receipt of any such e-mail.

11. INJUNCTIVE RELIEF. User acknowledges and agrees that the Software and Services contain valuable trade secrets, confidential information and proprietary information of Maiar. User further acknowledge that any actual or threatened breach or violation of Section 2 or Section 3 of this Agreement will constitute immediate, irreparable harm to Maiar for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

12. GENERAL. User acknowledges and agrees that the Software may contain cryptographic functionality the export of which is restricted under applicable export control law. User will comply with all applicable laws and regulations in User’s activities under this Agreement. User will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. This Agreement will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. User may not assign or transfer this Agreement without obtaining Maiar’s prior written consent, and any purported assignment or transfer in violation of this Section 12 will be null and void. Maiar may update the terms of this Agreement if and when User install and update or upgrade to the Software and/or Services. User will be responsible for all of User’s access and data charges from User’s Internet service provider or mobile operator. Applications User downloads or that are made available to User may automatically connect to the Internet to update information or provide a service to User.

Acceptance of Terms
The Service is offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Maiar. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Maiar from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Modification of Terms of Use
Maiar reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Maiar websites or Service or by sending you an email. Maiar may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Termination
Maiar may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Disclaimer
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE MAIAR BROWSER AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Idemnification
You shall defend, indemnify, and hold harmless Maiar, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. Maiar reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Maiar in connection therewith.

Limitation of Liability
IN NO EVENT SHALL MAIAR OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

February 14, 2019
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