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Hotspot Shield Elite3.42
EULA - End User License Agreement
AnchorFree Hotspot Shield Software License and Terms of Service Last Modified: January 23, 2012 The following Hotspot Shield Software License and Terms of Service Agreement (“Terms” or the "Agreement") for the Hotspot Shield Software and Service is a legal contract between you, an individual subscriber ("You"), and AnchorFree, Inc. and GMBH ("AnchorFree") regarding your use of the Hotspot Shield Software to create a virtual private network ("VPN") connection (the "Service"). PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING "I AGREE" BUTTON AT THE END OF THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "I DECLINE" BUTTON AND THE HOTSPOT SHIELD SOFTWARE WILL NOT BE INSTALLED ON YOUR DEVICE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST DESTROY, RETURN OR DELETE ALL COPIES OF THE HOTSPOT SHIELD SOFTWARE IN YOUR POSSESSION. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY ANCHORFREE. By clicking the "I Agree" button or by otherwise registering for, accessing or using the Service, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Service by AnchorFree. 1. The Service. You may choose whether to use the free or subscription-based Service. If You choose to use the free Service, then AnchorFree may deliver third-party advertisements ("Advertisements") within the content of any web page accessed. If You choose to use the subscription-based Service, then AnchorFree will not deliver any Advertisements within the content of any web page accessed. 2. Hotspot Shield Privacy Notice. Your privacy is important to AnchorFree. Hotspot Shield Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to the Hotspot Shield's collection, use, and disclosure of your personal information 3. Additional Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms. 4. Modification of these Terms. AnchorFree reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Service. 5. Digital Millennium Copyright Act. It is AnchorFree's policy to respond to notices of alleged copyright infringement that company with the Digital Millennium Copyright Act. For more information, please go to DMCA Notification Guidelines. 6. The Hotspot Shield Software 6.1 Hotspot Shield Software License. Subject to the terms and conditions set forth in this Agreement, AnchorFree grants You a limited, nonexclusive, personal, nontransferable license to install and use one (1) copy of the provided version of the Hotspot Shield Software in object code format, to access the Service for internal and personal purposes only, and on only one (1) Device (as defined in Section 7.1 below). The Hotspot Shield Software is "in use" on a computer when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of a Device. 6.2 Hotspot Shield Software License Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE HOTSPOT SHIELD SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Hotspot Shield Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Hotspot Shield Software, merge the Hotspot Shield Software into another program or create derivative works based on the Hotspot Shield Software; or (e) use, copy or distribute the Hotspot Shield Software without AnchorFree's written authorization, except that You may make one (1) copy of the Hotspot Shield Software for archival or backup purposes only. 6.3 Content Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER FORMAT) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE WHILE USING THE HOTSPOT SHIELD SOFTWARE OR SERVICE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT. 7. The Service. 7.1 Availability. AnchorFree agrees to allow You to use the Hotspot Shield Software solely to access the Service. A computer or other equipment enabled to access the Internet ("Device") is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. AnchorFree is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service. 7.2 Denial of Access; Third Party Access. AnchorFree reserves the right to modify or discontinue the Service at anytime without any notice for its convenience. AnchorFree may deny access to the Service without any prior notice if You are in breach of this Agreement. You shall not allow any third party to access the Service from your Device. 8. Prohibited Conduct. BY USING THE HOTSPOT SHIELD SOFTWARE OR THE SERVICE YOU AGREE NOT TO: 8.1 use the Hotspot Shield Software or Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person; 8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, Hotspot Shield Software or any Materials (as defined in Section 11, below); 8.3 delete the copyright or other proprietary rights on the Hotspot Shield Software or Service; 8.4 use the Hotspot Shield Software or Service for any illegal purpose, or in violation of any local, state, national, or international law; 8.5 use the Service or Hotspot Shield Software for any commercial use, it being understood that the Hotspot Shield Software and Service is for personal, non-commercial use only; 8.6 use the Hotspot Shield Software or Service if You are under the age of 13 years old; 8.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Hotspot Shield Software or Service, features that prevent or restrict use or copying of the Hotspot Shield Software, or features that enforce limitations on the use of the Service; 8.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or Hotspot Shield Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 8.9 modify, adapt, translate or create derivative works based upon the Hotspot Shield Software or Service or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or 8.10 intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. 9. Third-Party Transactions. 9.1 Advertisements. If You are using the free Service, AnchorFree may deliver third-party Advertisements within the content of any web page accessed. Advertisements may be injected into the top of the page, inserted directly into the page content, or even displayed to overlay the page. You hereby acknowledge and consent that AnchorFree may alter the content of any web page accessed for the purpose of displaying Advertisements. Additionally from time to time, AnchorFree may prevent any user's access to the product or continued use thereof until such user has successfully participated in applicable advertising programs, surveys, or other activities that involve the collection, and monetization, and other use of users' personal information. AnchorFree does not endorse any information, materials, products, or services contained in or accessible through Advertisements. Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between You and such advertiser. ACCESS AND USE OF ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK. 9.2 Otherwise. If You choose to access web sites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors while using the subscription-based Service or through Advertisements while using the free Service, your personal information may be available to the third-party provider. If you choose to visit or use any third-party products or services, please note that AnchorFree policies will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies. AnchorFree has no responsibility for any third party’s policies, or any third party’s compliance with them. 10. Termination; Terms of Service Violations. 10.1 AnchorFree. You agree that AnchorFree, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the Hotspot Shield Software at any time. AnchorFree may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and You agree that AnchorFree will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies AnchorFree may have at law or in equity. 10.2 You. Your only remedy with respect to any dissatisfaction with (i) the Service or Hotspot Shield Software, (ii) any term of this Agreement, or (iii) any policy or practice of AnchorFree in operating the Service, is to terminate this Agreement. You may terminate this Agreement at any time by discontinuing use of any and all parts of the Service and certifying in writing to AnchorFree that all copies of the Hotspot Shield Software have been destroyed or deleted from any of your Device or other storage devices. 11. Ownership; Proprietary Rights. The Hotspot Shield Software and Service are owned and operated by AnchorFree and its partners. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service or Hotspot Shield Software provided by AnchorFree (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Hotspot Shield Software or Service (excluding any Materials on third-party websites) are the property of AnchorFree or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to AnchorFree or its affiliates and/or third-party licensors. Except as expressly authorized by AnchorFree, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. AnchorFree reserves all rights not expressly granted in this Agreement. 12. Indemnification. You agree to indemnify, save, and hold AnchorFree, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Hotspot Shield Software or Service, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. AnchorFree reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify AnchorFree, and You agree to cooperate with AnchorFree's defense of these claims. AnchorFree will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. 13. Export. The Hotspot Shield Software and Service may be subject to United States export controls. You may not export or re-export the Hotspot Shield Software without: (a) the prior written consent of AnchorFree, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, You may not transfer or authorize the transfer of the Hotspot Shield Software to a prohibited territory, country or organization (currently including, without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria and any organization named on the United State's Commerce Department's "Denied Parties List") or otherwise in violation of any applicable restrictions or regulations. You understand and agree that the Hotspot Shield Software and Service may contain information that is controlled and restricted from export by United States export controls (the "Controlled Information"). If AnchorFree, in its sole discretion, determines that it cannot implement the Service in a manner to exclude access to Controlled Information where required, if You are in a country or territory that is subject to such regulation, You shall not be provided access to the Service. 14. Disclaimers; No Warranties. 14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANCHORFREE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANCHORFREE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14 THE TERM ANCHORFREE INCLUDES ANCHORFREE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. 14.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND HOTSPOT SHIELD SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE, HOTSPOT SHIELD SOFTWARE AND ANY DATA, INFORMATION, THIRD-PARTY HOTSPOT SHIELD SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE HOTSPOT SHIELD SOFTWARE OR SERVICE WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. ANCHORFREE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 14.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD THE HOTSPOT SHIELD SOFTWARE AND OTHERWISE OBTAIN OR TRANSMIT MATERIALS, DATA, OR OTHER CONTENT WHILE USING THE SERVICE AT YOUR OWN DISCRETION AND RISK. 15. Limitation of Liability and Damages. 15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR HOTSPOT SHIELD SOFTWARE, OR ANY OTHER INTERACTIONS WITH ANCHORFREE, EVEN IF ANCHORFREE OR AN ANCHORFREE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ANCHORFREE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 15.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR HOTSPOT SHIELD SOFTWARE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HOTSPOT SHIELD SOFTWARE AND SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. 15.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT ANCHORFREE HAS OFFERED ITS HOTSPOT SHIELD SOFTWARE AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ANCHORFREE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ANCHORFREE. ANCHORFREE WOULD NOT BE ABLE TO PROVIDE THE SERVICE AND HOTSPOT SHIELD SOFTWARE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. 15.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.