Terms and License Agreement | Citrio Browser

Terms & License Agreement

PLEASE, READ THE FOLLOWING TERMS OF USE ("TERMS") BEFORE USING OR VISITING THE WEBSITE WWW.CITRIO.COM ("WEBSITE"), ITS WEB-BROWSER SOFTWARE AND/OR APPLICATIONS ("SOFTWARE"). THE WEB-BROWSER SOFTWARE AND THE WEBSITE ARE ALSO REFERRED TO IN THE FOLLOWING TERMS COLLECTIVELY - AS THE "SERVICE". THESE TERMS INCLUDE AN AGREEMENT BETWEEN EPOM LTD. ("EPOM") & YOU ("YOU" OR "YOUR") DETERMINING USE OF AND ACCESS TO THE SERVICE. USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY AND LIABLE TO THESE TERMS. IN CASE YOU DECLINE TO BE BOUND TO THE FOLLOWING TERMS, PLEASE, REFRAIN FROM ACCESSING OR USING THE SERVICE. IN CASE YOU DECLINE TO ACCEPT AND BE BOUND TO ALL TERMS OF THE FOLLOWING AGREEMENT, EPOM SERVES ITS RIGHT NOT TO LICENSE ITS SERVICES TO YOU. YOU MAY NOT ACCESS ANY OF THEM AND MUST IMMEDIATELY REMOVE ALL PREVIOUSLY DOWNLOADED OR INSTALLED SOFTWARE.

THE FOLLOWING TERMS CAN BE MODIFIED BY EPOM AT ANY TIME AT ITS DISCRETION BY UPDATING THE TERMS AT THE WEBPAGE, WITHOUT NOTICE TO YOU. THE REVISED TERMS SHALL BECOME EFFECTIVE IMMEDIATELY AFTER THE MODIFICATIONS ARE POSTED TO THE WEBSITE. CONTINUED USE OF THE WEBSITE OR SOFTWARE ESTABLISHES YOUR MANDATORY ACCEPTANCE OF ALL MODIFICATIONS. THE LATEST MODIFICATIONS IN THE FOLLOWING TERMS WERE MADE ON 25 JULY 2014 SHOULD YOU HAVE ANY INQUIRIES OR QUESTIONS, PLEASE CONTACT US DIRECTLY AT support@citrio.com

WEBSITE TERMS OF USE

1. CONTENT OWNERSHIP & PROPRIETARY RIGHTS

Both the Website and its contents ("Content") are protected by copyright and other intellectual property laws. These may not imitated in whole or in part or be copied, unless as explicitly stated under these Terms. All trademarks, trade dress, service marks and/or any other intellectual property rights, including but not limited to moral rights, neighboring rights, copyrights, mask works and any derivative works, associated with either the Website or the Content are the sole property of Epom, its affiliates and partners.

You agree to abide by all applicable laws and all additional copyright notices or restrictions included on the Website. Epom. does not convey any ownership rights in the Website or in any Content via allowing access to the Website or use of the Service. You may not copy (unless as explicitly permitted by these Terms), translate, modify, adapt, decompile, transmit, distribute, reproduce, disassemble or reverse engineer any part of the Website or the Content, unless as explicitly permitted by the licensing terms, determining the use of open source components in the Software.

2. SCOPE OF TERMS

These Terms govern Your use of or access to the Website and Service. Additional terms may also apply to the use of some/all of the Service, provided via the Website.

Citrio web-browser may constitute features that are designed to allow Your access and import of content from the Web. You understand that it is a matter of Your sole responsibility to download content, which doesn’t infringe on copyright laws. You acknowledge you may access content that is offensive or objectionable to you in other parts of the Web, therefore, Your use of these features is at Your own risk.

As between You and Epom., You understand that You own all rights, interests and titles in and to any content, made available on or through the Service by You. You hereby grant Epom, its successor, assigns and licensees, a perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable, transferable license and right to access, use, modify, edit, display, exhibit, reproduce, stream, broadcast, distribute, transmit, synchronize, sell, assign, license and create derivative works or otherwise exploit the content, either in whole, or in part, in all media of the world. You agree to waive any moral rights, included therein.

3. RESTRICTIONS ON USE OF THE WEBSITE

In connection with Your use of the Website, You agree that You shall not: (i) communicate or transmit data that is vulgar, unlawful, threatening, harmful, harassing , stalking, abusive, defamatory, obscene, hateful, ethnically, racially, or otherwise objectionable or invasive of another's privacy; (ii) input or upload the Website with information, containing worms, Trojan horses, time bombs, software viruses, or other programs, files or computer, aimed at interrupting, destroying or limiting functionality of the Website; computer hardware and software or telecommunications equipment; (iii) falsely state or impersonate any person/entity or otherwise misrepresent Your personal affiliation with an entity or a person; (iv) harm minors (in any way); (v) forge headers or other identifiers with an aim to disguise the origin of content, transmitted to users; (vi) unintentionally or intentionally violate applicable international, federal, state or local laws and/or any other policies, requirements, procedures and regulations; (vii) use automated means, including, without limitation, spiders, scripts, agents or robots to get access, monitor or copy a part/parts of the Website; (viii) access, communicate or transmit content, which You don’t have a right to transmit under laws or contractual/fiduciary relationships (proprietary/confidential information, received or disclosed under non-disclosure agreements or as part of particular employment relationships, inside information); (ix) monitor traffic on the Website, obtain/accumulate users’ personal information users, collect and/or store other users’ personal data; (x) damage, delete or modify information, stored on other users’ personal computers; (xi) infringe upon the third party’s rights, including but not limited to rights of publicity, copyright or trademark; (xii) use the Website in a manner, which in the judgment of Epom, negatively affects performance or function of the Website and/or interferes with other members’ or authorized parties’ ability to access the Website; or (xiii) undertake acts, which are not explicitly permitted under the Terms.

4. UNAUTHORIZED ACCESS

Unauthorized use of the Service or access to the Website is considered a breach of the Terms and a deliberate violation of the law. You agree not to use any automated means, including, but not limited to, robots, agents, spiders, scripts to get access, monitor, copy any part/parts of the Website or Service, or automatically bypass the Terms in any way, except the means that have been approved in advance and in writing by Epom.

5. TERMINATION

Epom may discontinue or suspend the Website, any aspect/part of the Service or the Website, at its sole discretion, without notice, at any time. You understand and agree that Epom should not be liable either to You, or any third party for suspension or termination of access to the Website or the Service.

6. DISCLAIMER OF WARRANTY

THE WEBSITE, ITS CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EPOM, ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, IMPLIED OR EXPRESSED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, YOUR ABILITY/INABILITY TO ACCESS AND USE WEBSITE, ITS SOFTWARE OR CONTENT. EPOM, ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS, REGARDING COMPLETENESS, ACCURACY, TIMELINESS OR SECURITY OF CONTENT, OBTAINED RESULTS, SERVICES OR INFORMATION PROVIDED ON/THROUGH THE USE OF THE WEBSITE OR SERVICE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHOULD CREATE WARRANTY OF ANY KIND NOT PRECISELY STATED BY EPOM IN THESE TERMS. EPOM DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE WEBSITE, SERVICE OR SOFTWARE CAN BE UNINTERRUPTED OR FREE OF OMISSIONS OR ERRORS, THAT DEFECTS SHALL BE CORRECTED, OR THAT THE WEBSITE, SERVICE OR SOFTWARE IS FREE OF VIRUSES, MALWARE OR ANY OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, SERVICE OR SOFTWARE IS AT YOUR OWN RISK.

SOME JURISDICTIONS WILL NOT ALLOW IMPLIED WARRANTY OR LIMITATIONS; THEREFORE, THE EXCLUSIONS AND/OR LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN CASE YOU ARE A CONSUMER, YOUR STATUTORY RIGHTS, WHICH CANNOT BE WAIVED, SHOULD NOT BE AFFECTED BY THE PROVISIONS. YOU UNDERSTAND AND AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF WARRANTY AND LIABILITY IN THE FOLLOWING TERMS OF USE ARE REASONABLE AND FAIR.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPOM, ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, ANY LOST PROFITS, DAMAGES FROM BUSINESS INTERRUPTION OR LOST DATA, RESULTING FROM INABILITY TO USE OR THE USE OF THE WEBSITE, ITS CONTENT SERVICE OR SOFTWARE, OBTAINED RESULTS, INFORMATION OR SERVICES WHETHER BASED ON TORT, CONTRACT, WARRANTY, OR OTHER LEGAL THEORY, AND WHETHER OR NOT EPOM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OF SUCH KIND.THE REMEDIES STATED THE TERMS OF USE ARE EXCLUSIVE FOR YOU AND WILL LIMITED TO THOSE PRECISELY PROVIDED FOR IN THESE TERMS OF USE, TO THE EXTENT PERMITTED BY LAW.

You agree that regardless of any law or statute to the contrary, claims or causes of action related to or arising from the use of the Website, Service or Software or Your use of the Terms must be filed within one (1) year after a claim or cause of action of such kind arose or be barred forever.

8. INDEMNITY

You agree to indemnify, defend and hold harmless Epom, its affiliates, partners, suppliers and licensors, and their respective directors, employees, officers, representatives, agents from any and all claims arising from Your use of the Website, Service, Software or Your violation of the Terms.

Epom reserves its right to assume exclusive control and defense of any matter, for which You are required to indemnify Epom, at its own expense, and you agree to cooperate with Сatalina Group’s defense of such claims.

10. PRIVACY POLICY

The Privacy Policy governs Epom’s use of personal information, and is incorporated here in by reference. The Privacy Policy is available at https://www.citrio.com/privacy

11. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

Epom respects intellectual property rights of others, and requires that the users of the Website the Service do the same. In case You believe that any materials accessible from/on the Website or Service may infringe Your copyright, You may request their removal (or access thereto) from the Website by contacting Epom’s copyright agent. Please, visit the DMCA notification page to review DMCA notification guidelines and procedures.

12. MISCELLANEOUS

Except to the extent applicable law, if any, provides otherwise, the Terms shall be governed and construed in accordance with the state laws without giving effect to the conflict of laws principles thereof. You hereby precisely agree to irrevocably submit to the exclusive jurisdiction and venue of the courts for the purposes of any action, suit, or other proceeding based upon or arising out of these Terms or the subject matter hereto. If any provision of these Terms is inoperative or unenforceable for any reason, it shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions. Our failure to enforce or exercise any provision or right of the Terms should not constitute a waiver of this right or provision. Except as explicitly provided in a separate service, license or other written agreement between You and Epom, the Terms constitute the entire agreement between You and Epom with respect to the use of the Website, its Service, Software, the Website’s content, information, and supersede all communications, conversations, discussions and agreements, regarding the subject matter hereof. Except as required by law, English is the controlling language of these Terms. All notices and other communications under these Terms must be in writing and shall be deemed to have been duly given as soon as actually received. Notices shall be delivered to You at Your address on record with Epom. You may provide notices to Epom via email to SUPPORT@CITRIO.COM, or by writing to Attention: Epom.

CITRIO SOFTWARE LICENSE AND TERMS OF USE

1. SOFTWARE LICENSE

You are licensed to download and install the Software on any device that is in Your possession ("License"). This License gives You a personal, non-exclusive, non-assignable, worldwide license to use the Software for the sole purpose of allowing You to use the Service in the manner, permitted by these Terms or any other terms or conditions Epom may provide You with. In case you download the Software, this License is incorporated into and shall be made part of these Terms.

You may not (and you may not permit anyone else to) modify, copy, decompile, reverse engineer, create a derivative work of or otherwise attempt to extract the source code of the Software or any part thereof, unless this is precisely required or permitted by law, or unless you have been expressly told that you may do so by Epom, in writing. You may not assign (or grant a sub-license of) any of your rights to use the Software, grant a security interest over or in your rights to use the Software, or otherwise transfer any part of your rights to use the Software, except as expressly set herein.

Using the Software and/or Service does not grant You with rights to any copyrights, patents, trademarks, trade secrets, interest in the software or service or its source code. The Software may be automatically updated, as soon as a new version is available.

You may not try to derive source code, unless authorized. Using the Service you agree to comply with any local laws, regulating the use of the Software.

You cannot sell, license, distribute or provide the Software to any prohibited end user or for any prohibited use. Software is a commercial item and is protected by copyright laws and international treaty. Unauthorized distribution shall be subject to criminal penalties.

2. THIRD PARTY SOFTWARE

Open source software is important to Epom. The Software incorporates certain open source third-party code and software, which are licensed to you and subject to the license provisions of such providers. Therefore, you may use a source code version of certain Citrio browser functionality and distribution under these public licenses free of charge. These licenses permit you to run, modify, copy, and/or redistribute open-source components subject to particular restrictions described in the terms of these licenses that You should review. The Terms do not limit Your rights under, or grant You rights which supersede, the license terms of any particular open source component of the Software. The extent that any of these terms set out here conflict with any terms, included in the third-party open source license, such conflicting terms shall not apply to the third-party open source code. Epom grants you a non-exclusive license to use its code version subject to the Terms. The Terms shall also govern Software upgrades of any kind provided by Epom, which replace or/and supplement the original product, unless such updates are accompanied by a separate license, where the terms of that license shall govern.

3. PROPRIETARY RIGHTS

Nothing in the Terms or License shall be construed to limit rights of any kind granted under the above- mentioned third-party open source licenses. Subject to the foregoing, Epom, for itself and on behalf of the licensors, reserves any intellectual property rights in the Software and Service, except for the rights expressly granted in the Terms. You may not alter or remove any copyright, logo, trademark or other proprietary notice in/on the Software. The License does not grant you any right to use service marks, logos or trademarks of Epom or any of its licensors. You understand and agree that the Software and the Services, including without limitation the Software's sequence, organization, source code, structure, applicable documentation contains valuable trade secrets and other intellectual property of Epom and its suppliers and is considered the company’s confidential information. The Services and Software are licensed and not sold to You, no ownership or title to such Services and/ or Software intellectual property rights embodied therein is a result of this License or any other act pursuant to the Terms. The Service, the Software and any intellectual property rights therein are the exclusive property of Epom; all rights in/to the Service and Software and not explicitly granted to You in the Agreement are reserved.

4. TERM AND TERMINATION

The term of this License shall commence on Your use of the Software and, unless earlier terminated as provided in this Section 4, shall continue in perpetuity. This Agreement will immediately terminate upon the breach of this License. Upon the termination of this License, You should discontinue all use of the Software or/and Service, destroy or have destroyed the Software and/or any copies thereof.

5. ADDITIONAL TERMS

Please, be aware that the provisions for these Terms of Use entitled "Disclaimer of Warranties", "Limitations of Liability", "Indemnification", and “Privacy", and "Miscellaneous" are incorporated into this License and shall apply to Your use of the Software.

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