By downloading the MetaCert software you agree to these software license terms. If you disagree with any of the terms below, MetaCert does not grant you a license to use the software. MetaCert reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. MetaCert may change this Software License by posting a new version without notice to you. Use of the MetaCert Software after such change constitutes acceptance of such changes.
By accepting the terms of this Agreement, you represent to MetaCert and its affiliates (collectively, "MetaCert") that you are at least 18 years old. The MetaCert Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "MetaCert Software") are owned by MetaCert, or MetaCert’s licensors and content and data providers ("MetaCert Licensors"), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the MetaCert Software, all updates, revisions, substitutions, and any copies of the MetaCert Software made by or for you. All rights not expressly granted to you are reserved by MetaCert or their respective owners.
a. YOU MAY install and personally use the MetaCert Software and any updates provided by MetaCert (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the MetaCert Software for your own non-commercial use or benefit. Your license to the MetaCert Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the MetaCert Software and by destroying all your copies of the applicable MetaCert Software. To uninstall the MetaCert Software, you may use the standard Mozilla Firefox 'Add-ons' window. Once you access the ‘Add-ons’ window, select the MetaCert extension and click 'Uninstall'.
The MetaCert Software will be uninstalled and will no longer be visible when you restart Firefox. This Software License terminates automatically if you violate any term of this Software License, MetaCert publicly posts a written notice of termination on the MetaCert web site, or MetaCert sends a written notice of termination to you.
YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the MetaCert Software or any portion thereof.
(ii) incorporate the MetaCert Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the MetaCert Software in any unlawful manner, for any unlawful purpose.
(iv) use the MetaCert Software to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the MetaCert Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which MetaCert is not responsible.
(v) use or export the MetaCert Software in violation of applicable U.S. laws or regulations.
(vi) sell, lease, loan, distribute, transfer, or sublicense the MetaCert Software or access thereto or derive income from the use or provision of the MetaCert Software, whether for direct commercial or monetary gain or otherwise, without MetaCert’s prior, express, written permission.
The MetaCert Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License. MetaCert and MetaCert’s Licensors own all rights, title, and interest in and to their applicable contributions to the MetaCert Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by MetaCert, including (but not limited to) the MetaCert Software and MetaCert trademarks, and creates no relationship between yourself and MetaCert’s Licensors, or between you and MetaCert other than that of MetaCert to licensee.
MetaCert may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the MetaCert Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. MetaCert may change, suspend, or discontinue any aspect of the MetaCert Software at any time, including the availability of any MetaCert Software feature, database, or content. MetaCert may also impose limits on certain features and services or restrict your access to parts or all of the MetaCert Software or the MetaCert web site without notice or liability.
MetaCert reserves the right to charge fees for future use of or access to the MetaCert Software or the MetaCert services and web sites (collectively, "MetaCert Software Services") in MetaCert's sole discretion. If MetaCert decides to charge for the MetaCert Software Services, such charges will be disclosed to you prior.
USE OF THE METACERT SOFTWARE AND ANY WEB PAGES OR DATA ACCESSED THROUGH THE METACERT SOFTWARE IS AT YOUR SOLE RISK. ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE METACERT SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE. METACERT, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "METACERT ENTITIES") AND METACERT LICENSORS DO NOT REPRESENT THAT THE METACERT SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. METACERT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE METACERT SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE METACERT SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF THE METACERT SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT METACERT) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF METACERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
METACERT WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE METACERT SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY. METACERT IS NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE METACERT SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE METACERT SOFTWARE, OR ANY DATA PROVIDED THROUGH THE METACERT SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU. INFORMATION PROVIDED THROUGH THE METACERT SOFTWARE, INCLUDING MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND METACERT WILL HAVE NO LIABILITY WITH RESPECT THERETO. METACERT MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE METACERT SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE METACERT SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
You agree to indemnify and hold MetaCert harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party in connection with or arising out of your use of the MetaCert Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
If the MetaCert Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the MetaCert Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software". All other terms and conditions of this Software License apply.
This Software License and the relationship between you and MetaCert is governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and MetaCert agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Indiana, Delaware. The United Nations Convention on the International Sale of Goods does not apply to this Software License.
The failure of MetaCert to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
This Software License constitutes the entire understanding between the parties respecting use of the MetaCert Software, superseding all prior agreements between you and MetaCert.