End-User License Agreement for NelliTab - New Tab Page
NelliTab - New Tab Page by Thomas Werner
Last updated: March 12, 2018
Please read this End-User License Agreement ("Agreement") carefully before
clicking the "I Agree" button, downloading or using NelliTab ("Extension").
By clicking the "I Agree" button, downloading or using the Extension, you
are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a
single entity) and Thomas Werner ("Author") and it governs your use of the
Extension made available to you by the Author.
If you do not agree to the terms of this Agreement, do not click on the "I
Agree" button and do not download or use the Extension.
The Extension is licensed, not sold, to you by the Author for use strictly
in accordance with the terms of this Agreement.
License
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The Author grants you a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Extension strictly in accordance
with the terms of this Agreement.
Restrictions
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You agree not to, and you will not permit others to:
* license, sell, rent, lease, assign, distribute, transmit, host, outsource,
disclose or otherwise commercially exploit the Extension or make the
Extension available to any third party.
* modify, make derivative works of, disassemble, decrypt, reverse compile or
reverse engineer any part of the Extension.
* remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of NelliTab or its affiliates, partners,
suppliers or the licensors of the Extension.
Intellectual Property
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The Extension, including without limitation all copyrights, patents,
trademarks, trade secrets and other intellectual property rights are, and
shall remain, the sole and exclusive property of the Author.
Your Suggestions
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Any feedback, comments, ideas, improvements or suggestions (collectively,
"Suggestions") provided by you to NelliTab with respect to the Extension
shall remain the sole and exclusive property of the Author.
NelliTab shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any
compensation to you.
Modifications to Extension
--------------------------
The Author reserves the right to modify, suspend or discontinue, temporarily
or permanently, the Extension or any service to which it connects, with or
without notice and without liability to you.
Updates to Extension
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The Author may from time to time provide enhancements or improvements to the
features/functionality of the Extension, which may include patches, bug fixes,
updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the
Extension. You agree that the Author has no obligation to (i) provide any
Updates, or (ii) continue to provide or enable any particular features and/or
functionalities of the Extension to you.
You further agree that all Updates will be (i) deemed to constitute an
integral part of the Extension, and (ii) subject to the terms and conditions
of this Agreement.
Third-Party Services
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The Extension may display, include or make available third-party content
(including data, information, applications and other products services) or
provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that the Author shall not be responsible for any
Third-Party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. The Author does not assume and shall not have any liability or
responsibility to you or any other person or entity for any Third-Party
Services.
Third-Party Services and links thereto are provided solely as a convenience to
you and you access and use them entirely at your own risk and subject to such
third parties' terms and conditions.
Term and Termination
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This Agreement shall remain in effect until terminated by you or the Author.
The Author may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Nelli
Tab, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Extension
and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Extension
and delete all copies of the Extension from your mobile device or from your
computer.
Termination of this Agreement will not limit any of the Author's rights or
remedies at law or in equity in case of breach by you (during the term of this
Agreement) of any of your obligations under the present Agreement.
Indemnification
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You agree to indemnify and hold the Author and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any)
harmless from any claim or demand, including reasonable attorneys' fees, due
to or arising out of your: (a) use of the Extension; (b) violation of this
Agreement or any law or regulation; or (c) violation of any right of a third
party.
No Warranties
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The Extension is provided to you "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Author, on its own behalf and on behalf of
its affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Extension, including all implied warranties
of merchantability, fitness for a particular purpose, title and non-
infringement, and warranties that may arise out of course of dealing, course
of performance, usage or trade practice. Without limitation to the foregoing,
the Author provides no warranty or undertaking, and makes no representation of
any kind that the Extension will meet your requirements, achieve any
intended results, be compatible or work with any other software, applications,
systems or services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or defects can or
will be corrected.
Without limiting the foregoing, neither the Author nor any the Author's provider
makes any representation or warranty of any kind, express or implied: (i) as
to the operation or availability of the Extension, or the information,
content, and materials or products included thereon; (ii) that the Extension
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Extension; or
(iv) that the Extension, its servers, the content, or e-mails sent from or
on behalf of the Author are free of viruses, scripts, trojan horses, worms,
malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied
warranties or the limitations on the applicable statutory rights of a
consumer, so some or all of the above exclusions and limitations may not apply
to you.
Limitation of Liability
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Notwithstanding any damages that you might incur, the entire liability of
the Author and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by you for the Extension.
To the maximum extent permitted by applicable law, in no event shall the Author
or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, for loss of data or other information, for business
interruption, for personal injury, for loss of privacy arising out of or in
any way related to the use of or inability to use the Extension, third-party
software and/or third-party hardware used with the Extension, or otherwise
in connection with any provision of this Agreement), even if the Author or any
supplier has been advised of the possibility of such damages and even if the
remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Severability
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If any provision of this Agreement is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
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Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute waiver of any
subsequent breach.
Amendments to this Agreement
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The Author reserves the right, at its sole discretion, to modify or replace
this Agreement at any time. If a revision is material we will provide at least
30 days' notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.
By continuing to access or use our Extension after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Extension.
Governing Law
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The laws of Lower Saxony, Germany, excluding its conflicts of law rules, shall
govern this Agreement and your use of the Extension. Your use of the
Extension may also be subject to other local, state, national, or
international laws.
Contact Information
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If you have any questions about this Agreement, please contact us.
Entire Agreement
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The Agreement constitutes the entire agreement between you and the Author
regarding your use of the Extension and supersedes all prior and contemporaneous
written or oral agreements between you and NelliTab.
You may be subject to additional terms and conditions that apply when you use
or purchase other the Author's services, which the Author will provide to you at
the time of such use or purchase.