FLOCK BROWSER END-USER LICENSE AGREEMENT
The accompanying executable code version of the Flock browser and related
documentation ("Product") is made available under the terms of this End-User
Software License Agreement ("Agreement"). IF YOU CLICK "ACCEPT" OR INSTALL
OR USE THE PRODUCT, YOU UNCONDITIONALLY CONSENT TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT CLICK "ACCEPT"
AND DO NOT INSTALL OR USE THIS PRODUCT. Source code for parts of this
Product is available for use, modification and distribution under open
source licenses at www.flock.com. Nothing in this Agreement will be
construed to limit any rights granted under such open source licenses.
Flock grants you a non-exclusive license to use the executable code version
of the Product. Flock and its licensors shall retain all intellectual
property rights in the Product, except for the rights expressly granted in
this Agreement. You may not remove or alter any trademark, or logo
(collectively, “Marks”), copyright or other proprietary notice on the
Product. This license does not grant you any right to use Marks of Flock or
its licensors. If you breach this Agreement, the above license and your
right to use the Product will terminate immediately and without notice, but
all other terms of this Agreement will survive termination and continue in
effect. Upon termination, you must destroy all copies of the Product.
Except as expressly and unambiguously permitted by this Agreement, you shall
not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or
distribute the Product; or (ii) reverse engineer, disassemble, decompile or
otherwise attempt to discover the source code or structure, sequence and
organization of any portion of the Product that is not distributed in source
code form (except to the extent applicable law prohibits such
restrictions).
As a condition to your use of the Product, you represent, warrant and agree
that you will not use the Product: (i) to infringe the intellectual property
rights or proprietary rights, or rights of publicity or privacy, of any
third party; (ii) to violate any applicable law, statute, ordinance or
regulation; (iii) to disseminate information or materials in any form or
format ("Content") that are harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable
under applicable laws or community standards. You, not Flock, remain solely
responsible for all Content that you upload, post, e-mail, transmit, or
otherwise disseminate using, or in connection with, the Product. You
acknowledge that all Content that you access using the Product is at your
own risk and you will be solely responsible for any damage to any party
resulting therefrom.
THIS PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT
APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER FLOCK NOR ITS LICENSORS
WILL BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY (WHETHER IN AN ACTION
BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR
(I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR OTHER SUBJECT MATTER OF
THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA AND COMPUTER MALFUNCTION), EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNT IN THE
AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU UNDER THIS
LICENSE, AND US$100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
If the user or licensee of this Product is an agency, department, or other
entity of any Government, the use, duplication, reproduction, release,
modification, disclosure, or transfer of this Product, or any related
documentation of any kind, including technical data, software, and manuals,
is restricted by the terms of this Agreement. All other use is prohibited.
No rights other than those provided in Agreement are conferred. This product
was developed fully at private expense.
This Agreement contains the entire understanding between the parties with
respect to the Product, and may only be amended in writing by authorized
representatives of both parties. You may not assign this Agreement or any
rights or obligations hereunder without Flock’s prior written consent. You
may not download, use or otherwise export the Product except in compliance
with all applicable laws and regulations. This Agreement will be governed
by the laws of California, excluding its conflict of law provisions. Any
dispute under this Agreement shall be decided exclusively by state or
federal courts in Santa Clara County, California, and the parties consent to
such jurisdiction and venue. The United Nations Convention on Contracts for
the International Sale of Goods shall not apply. Failure to enforce any
provision of this Agreement is not a waiver of future enforcement of that or
any other provision.
