END USER LICENSE AGREEMENT
This end-user license agreement ("EULA") constitutes a binding legal agreement between you and SILICOM INTERNET, S.L. (“SILICOM”), a Spanish company with registered address in c/ Jucar, 9 - Puerta 9; 28670 - (Villaviciosa de Odón Madrid, Spain) holder of the Spanish tax identification number B-83822601.
Read it carefully before completing the installation process and using the software updater (“Software”). This EULA contains disclaimers of warranties and liability. By downloading, installing and/or using the Software, you confirm that you have read, understand and agree to be bound by the terms & conditions of this EULA. If you do not agree to the EULA, do not install the Software.
This EULA shall apply only to the Software, and corresponding documentation, associated media, printed materials, and online or electronic documentation supplied by SILICOM.
Through acceptance of this EULA you accept that you are a person with sufficient capacity to acquire the obligations contained herein and that you have carefully read, understood and accepted its content.
SILICOM is entitled to modify any terms of this EULA at any time. SILICOM shall inform you about all modifications of the EULA by publishing it in its website. If you do not agree the new terms and conditions of the EULA, please do not use the Software. Your continued use of the Software and the services shall constitute your acceptance of such revised EULA.
SILICOM hereby grants you a limited, non-exclusive, personal, revocable, non-transferable and non-sublicensable free license to install, access, display, run and use the Software.
The Software feature is to propose upgrading to the latest version of third party programs and applications installed on your computer, propose the installation of other ones that may be of your interest, or show advertising and videos pertaining to third parties. You may or may not accept the update installation.
In the case that you accept the upgrade, the software will be downloaded with other commercial offers.
You may also make copies of the Software as may be necessary for backup and archival purposes.
You may uninstall the Software following the instructions below. To uninstall the Software, you may use the standard uninstall procedures offered by your computer's operating system and/or by your Internet browser.
SILICOM uses Chromium, an open-source browser project that aims to build a safer, faster, and more stable way for all users to experience the web. Following requirements, we reproduce Chromium license used within the Software.
Copyright (c) 2013 The Chromium Authors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that SILICOM is the exclusive owner of all worldwide rights on contents, information, materials, including without limitation all copyright, patent, trademark, trade secret and other intellectual property rights, software, and otherwise, including all copies of the Software, regardless of the format in which they are expressed or the media on which they are recorded.
In that sense, you have to respect the following restrictions:
- You agree not to duplicate, reproduce, sell, rent, lease, lend, transfer, license, or otherwise distribute the software in any form, except as expressly provided herein.
- You agree not to decompile, modify, reformat, translate reverse-engineer or otherwise discover the source code except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to alter SILICOM's copyright notices as contained in the software documents.
- You agree not to challenge SILICOM any intellectual property rights or to infringe SILICOM rights therein.
- Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
- You shall not use the Software to develop any product having the same primary function as the Software.
All rights not expressly granted herein are reserved to SILICOM.
If you don't respect any of the above restriction, the Software will not work anymore in any computer.
The ownership of all advertising within the Software belongs to the advertiser. All intellectual property rights in advertising and other materials provided by the advertiser shall be solely and exclusively owned by and remain vested in the advertiser and unless otherwise stated herein, nothing in this EULA grants and/or will grant neither SILICOM nor you any right, title or ownership interest to and in the advertising and/or advertiser intellectual property rights. SILICOM will not interfere with advertiser’s intellectual property rights.
SILICOM does not provide you with support services related to the Software.
To help protect against breaches of security and malicious software, periodically back up your data and system information, use security features such as firewalls, and install and use security updates.
You further agree not to use the Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SILICOM is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that its Customers may receive as a result of using any of the Software.
SILICOM informs that you shall be responsible for any acts that contravene the contents of this EULA, the law, morality, generally accepted customs or public order; any act that you carry out differently from the way that SILICOM defines in its indications or instructions regarding the access rules and use of each content or the functioning of the Software and any use that you make of the Software, exonerating SILICOM from any liability derived from any damages due to their incorrect use.
You agree to indemnify, defend and hold SILICOM and its officers, directors, shareholders, successors, affiliates, employees, agents and representatives harmless from and against any and all costs, claims, demands, liabilities, expenses, losses, damages, including attorney's fees that arise or result from the use or distribution of your application. You also agree to indemnify SILICOM for any legal fees incurred by SILICOM, acting reasonably, in investigating or enforcing its rights under this EULA.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SILICOM DISCLAIMS ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, LOSS OF DATA, OR COMPUTER FAILURE, DAMAGE OR MALFUNCTION, OR FOR ANY CLAIM BY ANY PARTY, RISING OUT OF YOU EVEN IF SILICOM HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
SILICOM SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARKS RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
SILICOM SHALL NOT BE RESPONSIBLE FOR THE CONTENT PROVIDED BY THIRD PARTY ADVERTISING. THE ADVERTISER SHALL DEFEND, INDEMNIFY AND HOLD SILICOM, AND THOSE ON HER BEHALF, HARMLESS AGAINST AND FROM ANY AND ALL THIRD PARTIES’ CLAIMS, SUITS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ALL REASONABLE COSTS OF INVESTIGATION AND ATTORNEY FEES) ARISING OUT OF OR CAUSED BY OR RESULTING SOLELY FROM: (i) A CLAIM THAT THE ADVERTISING, OR SPECIFICATIONS WHEN USED BY THE ADVERTISER IN ACCORDANCE WITH THIS EULA, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (ii) BREACH BY THE ADVERTISER OF ANY OF ITS REPRESENTATIONS OR WARRANTIES SET FORTH IN THIS EULA.
SILICOM expressly disclaims any warranty for the Software from the date of downloading.
The Software is provided AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT WITH REGARD TO THE SOFTWARE.
When you install and run the Software, SILICOM collects some personally identifiable information.
Nevertheless, SILICOM use dissociated data in order to (i) monitor and analyze use of the Software and for the technical administration, (ii) improve the Software, and (iii) generate and derive useful data and information concerning the interests, characteristics and use behaviour of our users.
NO TRANSFER OF AGREEMENT
You shall not sell, lease, sublicense, allow to use, or otherwise assign or transfer any of your rights, duties or obligations under this EULA, in whole or in part, to any person or entity.
SILICOM reserves the right to terminate this EULA and any or all of your rights hereunder effective immediately if you fail to comply with this EULA. Upon any such termination you will destroy the original and all copies of the Software in your possession. The termination of this EULA shall automatically, and without any further action by SILICOM, terminate and extinguish the license granted herein.
Force Majeure. If either party is prevented from performing or is unable to perform any of its obligations under this EULA due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a “Force Majeure Event”), such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance. If such party remains unable to resume full performance fifteen (15) days after the Force Majeure Event, the other party may terminate this EULA upon written notice.
Severability. Should any of the provisions of this EULA be adjudged invalid or unenforceable by the rules and regulations of Spain or Spanish Court, such provisions shall be deemed several from the remainder of this EULA and not affect the validity or enforceability of the remainder of this EULA. In that case, such provisions shall be changed and interpreted to achieve the purposes of those provisions as much as possible within the extent of relevant laws of Spain or judgment of the Spanish court.
Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person (including by internationally recognized commercial delivery service), and on the day the notice is sent when sent by verified facsimile, if the time of transmission is during recipient’s business day, or if not on the next business day thereafter, in each case to the respective parties at the addresses provided by the them in writing.
Either party may change its address by providing the other party with written notice of the change in accordance with this section.
Relationship of Parties. The parties are independent contractors and will have no right to assume or create any obligation or responsibility on behalf of the other party. Neither party shall hold itself out as an agent of the other party. This EULA will not be construed to create or imply any partnership, agency, joint venture or formal business entity of any kind.
Waiver. No delay or failure by either party to exercise any right or remedy under this EULA will constitute a waiver of such right or remedy. All waivers must be in writing and signed by an authorized representative of the party waiving its rights. A waiver by any party of any breach or covenant shall not be construed as a waiver of any succeeding breach of any other covenant.
Entire Agreement. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect.
Headings. The headings of the articles and paragraphs contained in this EULA are inserted for convenience and are not intended to be part of or to affect the interpretation of this EULA.
Construction. The parties acknowledge and agree that the EULA has been jointly prepared and its provisions will not be construed more strictly against either party as a result of its participation in such preparation.
Counterparts. This EULA may be executed in counterparts, which taken together shall form one legal instrument.
No Third Party Beneficiaries. This EULA shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this EULA.
GOVERNING LAW AND JURISDICTION
This EULA shall be governed by and construed under and in accordance with the laws of Spain.
For any matter related to the interpretation or execution of this EULA, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the sole competence and jurisdiction of the Madrid Courts (Spain).
All questions concerning this EULA shall be directed to SILICOM INTERNET, S.L.
Last update: February 2013