Toolbar Download & Usage Agreement
Important Notice
This agreement applies to the download and use of computer files, applications, extensions, and components (collectively, “DOWNLOADED FILES”) available from this website MySocialRadio.com which is owned and operated by Power-Tech-Associates Limited.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND POWER-TECH ASSOCIATES LIMITED(THE COMPANY) WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES MADE AVAILABLE BY THE COMPANY.
NON-THE COMPANY FILES AVAILABLE THROUGH THIS WEBSITE ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE AGREEMENT. INSTALLATION OR USE OF THESE DOWNLOADED FILES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY OF THESE FILES.
Not Commercial Software
THE DOWNLOADED FILES SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE. THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND THE COMPANY. THE COMPANY HAS PERFORMED NO QUALITY ASSURANCE TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY DOWNLOADED FILES UNLESS OTHERWISE EXPLICITLY INDICATED.
No Additional Licenses
This Agreement does not authorise you, in any manner or medium, to use THE COMPANY’s names, logos, or trademarks or to indicate that you are using a THE COMPANY’S Toolbar. You acknowledge and agree that all rights, title, and interest in and to the Toolbar belong to THE COMPANY. You do not derive and will not be able to assert any title or interest in the Downloaded File other than the rights and licenses granted under this Agreement.
You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to THE COMPANY or other creator of the Toolbar beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Downloaded File).
Termination
THE COMPANY may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to THE COMPANY or uninstall the toolbar.
Risk of Use
YOU UNDERSTAND THAT WHILST THE TOOLBAR HAS BEEN TESTED EXTENSIVELY THE TOOLBAR MAY HAVE ERRORS AND PRODUCE UNEXPECTED RESULTS. YOUR USE OF THE TOOLBAR IS ENTIRELY AT YOUR OWN RISK.
No Warranty
THE TOOLBAR IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless THE COMPANY against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys’ fees) imposed upon, incurred by, or asserted against THE COMPANY that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Toolbar download / set up file, and/or (d) any warranty, condition, representation, or indemnity granted by you for any Downloaded File.
Limitation on Liability
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE COMPANY’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE COMPANY’S LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.
Export Law Assurances
You acknowledge that the Downloaded Files are subject to the export control laws and regulations of the United Kingdom. You confirm and agree that you will not export any Downloaded File, directly or indirectly, to any country or end user that is subject to United Kingdom export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country.
Miscellaneous
You have no authority to act on THE COMPANY’s behalf or to bind THE COMPANY to any obligation or representation, and you and THE COMPANY shall not be deemed to be partners, joint venturers, or agents of the other. The internal laws of the Commonwealth of London control this Agreement if you are located in the United Kingdom or in any other country. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and THE COMPANY Corporation concerning the Software Component. The failure or delay of THE COMPANY to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.