End User License Agreement

Last updated: July 26th, 2019

Please read the terms of this end user license agreement (“EULA”) carefully and before downloading, installing and\or using any software or features provided by us including any revisions, improvements, new releases and related documentation in connection thereto (the "software") because they govern your access to and use of the services. By downloading this Software you are accepting and agreeing to be bound by the terms and conditions of this EULA and the privacy policy available at Privacy, which together govern your use of the software. If you do not agree to this EULA in its entirety, do not download, install and\or use the software.

The current version of this EULA will be available to you as part of the website as a link in our homepage and new tab. If we update this EULA, we will post the revised EULA on the website Terms ("Site"), and will update the "Last Update" above, in case of material updates, we will ask for your consent.

The Software

The Software is an app that protects you from browsing to malicious URLs, warns you from unwanted download and allows you to safely search the web for your desired contents. Also, the Software changes your Chrome browsers' new tab setting and/or features that you may choose to install and may affect your browsers' search settings. These features may include changes in your browsers new tab and default search engine (as applicable).

The Software will automatically update once a new version is released but you will have the option to decline material updates.

If you wish to uninstall the Software, use the Chrome extension standard uninstall processes.

To reset any additional features you chose to install, follow the instructions available at: FAQ. For purposes hereof, the term "Cookie" means a small text file sent from a website and stored on your computer while you are browsing such website, for the purpose of recording your preferences.

Modification

We may, change, modify, add to or delete any of the terms and conditions of this EULA, at any time at our sole discretion, without prior written notice. Your continued use of the Software, following any change to this EULA, constitutes your complete and irrevocable acceptance of any such change. If any modification to the EULA is not acceptable, your only recourse is to uninstall the Software. This EULA will also govern any upgrades and/or updates to the Software.

The Software includes links to third party sites and/or content (collectively, "Third Party Service"), or desktop short cuts to Third Party Service. Any use of Third Party Service via the Software is subject to their respective terms and conditions. You assume all responsibility and risk in connection with your use of Third Party Service and we disclaim any and all liability and have no control over and assume no responsibility for Third Party Service. Further, we have no obligation to examine, review or monitor Third Party Service and are not responsible for the accuracy, completeness, appropriateness or legality of Third Party Content. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

License

Subject to the terms and conditions of this EULA, we hereby grant you a limited, royalty-free, non-exclusive, revocable, non-transferable, non-sub-licensable license to install and use the Software only on a single computer device that you own. This license is limited to your personal use and is not intended to permit professional or commercial use of the Software. We reserve all rights not expressly granted to you hereunder. You may not remove, modify and/or delete any intellectual property right or proprietary notices or markings that are part of the Software.

Restrictions YOU AGREE NOT TO, AND YOU WILL NOT PERMIT OTHERS TO:
  1. Sell, lease, share, sublicense or distribute the Software, or any part thereof, or otherwise transfer the Software
  2. Reverse engineer, decompile, disassemble, or otherwise attempt to access the Software's source code
  3. Modify, revise, enhance, or alter the Software
  4. Copy or allow copies of the Software to be made
  5. Copy or allow copies of the Software to be made
  6. Permit others to use the Software via a timesharing, outsourcing, service bureau, application service provider, managed service provider or similar arrangement
  7. Use the Software in any way that is intended to violate any law or regulation
  8. Represent that you possess any proprietary interest in the Software
  9. I Use the Software in illegal manner or for unlawful purposes including without limitation infringement or misappropriation of any intellectual property rights or right of privacy or right of publicity of any third party.

Other than the rights explicitly granted to you in this EULA, you have no other rights, express or implied, in the Software. You shall not modify or delete any of our or third-party proprietary rights notices appearing in the Software, or any Third Party Service and Third-Party Ads (as defined below).

Title & Ownership

All right, title and interest in and to the Software, any related features and/or services and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to the Software or any related features and/or services, are and will remain owned solely by us. This EULA does not convey an interest in or to the Software, but only a limited right and license to use in accordance with the terms herein. Nothing in this EULA constitutes a waiver of our intellectual property rights under any law. The license granted herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.

Our Software and its technology constitutes part of our trade secrets and know-how and therefor is protected under intellectual property rights. You hereby acknowledge that any disclosure or unauthorized use thereof will cause us irreparable harm and loss.

Representations and Warranties

By signing this EULA, you agree to use the Software as stated in this EULA, in compliance with all applicable laws, rules and regulations, and to not use the Software for any inappropriate purpose. You declare that you are not stated in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any list of prohibited or restricted U.S. Government list.

Government Users

If you are a U.S. Government User, alongside the restrictions in this EULA, any use, disclose or duplication of the Software is a breach by DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III)

Indemnity and Limitation of Liability

You shall indemnify, defend, and hold us and our directors, officers, and employees from and against all claims, suites, costs, damages, losses, liability, and expenses, including reasonable attorneys' fees and other legal expenses, arising from or incurred as a result of your use of the Software, or your violation of this EULA.

We, our officers, directors, employees, parents, affiliates, successors, assigns, or licensors shall not have any liability to you or any third party for any matter arising out of this EULA or the installation or use of or inability to use the software, whether in contract, tort or otherwise, for any damages whether such damages are direct, indirect, special, incidental, exemplary, punitive or consequential damages arising out of the use or inability to use the software, including without limitation for any loss or damage to business earnings, loss of goodwill, lost profits or goodwill, lost or damaged data, service interruption, computer damage or system failure or costs of procurement of substitute goods or services, suffered by you and/or any third party. Your sole recourse in the event of any dissatisfaction with the software is to stop using it. Notwithstanding anything to the contrary herein, in no event shall our aggregate liability for any claim arising out of or related to this EULA, to the fullest extent possible under applicable law, exceed us$1,000. The limitations herein shall apply even if we knew or should have known about the possibility of consequential damage.

Disclaimer

The software and any related features are provided "AS IS" and "as available", without warranty of any kind. We disclaim all warranties, express or implied, including without limitation, any implied warranties of design, operation, fitness for a particular purpose, satisfaction, merchantability, or non-infringement. We do not warrant that the software, any related features and/or any services will be delivered or performed error-free or without interruption, or that it will meet your expectations. We are not obligated to maintain or support the Software, or to provide you with updates, fixes, or services related thereto. You understand and agree that during and/or by using the Software, you may encounter Third Party Service and/or Third Party Ads that you may deem to be offensive, indecent or objectionable. The entire risk arising from use or performance of the software and any related features is solely borne by you. Your only right or remedy with respect to any problems or dissatisfaction with the software, any related features and/or any services, is to uninstall it.

Term and Termination

This EULA is valid as of the date in which you installed the Software and will automatically terminate without notice, if you fail to comply with any provision of this EULA. We may terminate this EULA at any time with or without prior notice. You may terminate this EULA at any time by un-installing the Software and resetting your settings as provided above. Upon termination of this EULA, the license granted to you shall expire and you must cease using the Software and un-install it from your device. Notwithstanding any termination of this EULA, the provisions of the Section “Title and Ownership”, “Disclaimer”, “Limitation of Liability”, “Indemnity”, “General” and this Section shall survive and continue to be legally binding upon you and us.

General

This EULA constitutes the entire agreement between the parties and supersedes all prior oral or written communications, agreements and/or understandings. The section titles in this EULA are provided for convenience purposes only and shall have no legal significance. If a court of competent jurisdiction finds any provision of this EULA to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the EULA shall continue in full force and effect. You may not assign this EULA. We shall be entitled to assign this EULA at our discretion. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. No partnership or joint venture is created hereunder. This EULA shall be construed and governed in accordance with the laws of New York, U.S.A (regardless of its conflict of law provisions). You agree to the exclusive jurisdiction of New York, U.S.A Courts. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. If we fail to enforce any rights or to take action against you in the event of any breach hereunder, it shall not be deemed a waiver of such right or of subsequent actions in the event of future breaches.

Contact Us

If you have any questions, complaints and/or claims, you may contact us at: support@bytefence.com.

Open Source

The following link includes a list of the Open Source Codes we currently use:

https://cdn.bytefence.com/resources/documents/BSB+Open+Source+Licenses.pdf

This list may be updated from time to time.