Any use of the Spearmint Browser is subject to and conditioned upon assent to and compliance with, all of the terms, conditions, restrictions and policies outlined below (the “Agreement“).
In order to use the Spearmint Browser and/or Services, you must first agree to the terms and conditions of this Agreement. You may not use the Spearmint Browser and/or Services if you do not accept this Agreement.
You can accept this Agreement by clicking to accept or agree to the Agreement, where this option is made available to you by IronSource in the user interface for the Spearmint Browser and/or any Service; or by actually using the Spearmint Browser and Services. In this case, you understand and agree that IronSource will treat your use of the Spearmint Browser and/or Services as acceptance of this Agreement from that point onwards.
When you download the Spearmint Browser to your handheld device, you may receive a Search Drop Icon which will be displayed as an icon on your device's desktop. This feature allows you to search and navigate the Spearmint browser or any of other browsers installed on your device.
Please note that the Spearmint Browser is using parts of the Mozilla source code which powers the Firefox browser and is made available to you under the terms of the Mozilla Public License and the terms of this Agreement (the "Mozilla Source Code").
Any questions, comments and advises regarding the Spearmint Browser and/or Services can be sent to email@example.com .
- "You or "you" means the legal entity or person who orders or downloads the Spearmint Browser and/or activates the Services.
- “Documentation” means the standard end-user technical documentation, specifications, materials and other information we supply you with the Spearmint Browser and/or Services.
- “Services” means the various services to which IronSource provides users with access to the Spearmint Browser, including without limitation, the Search Drop Icon, search services, personalized content and branded offering through its network of services that may be accessed through any various medium or device now known or hereafter developed.
- “Spearmint Browser” means the proprietary Spearmint Browser delivered to you hereunder, together with any update or upgrade thereto, when and if made available to you by IronSource.
- “Use” means to cause a computer system to execute any machine-executable portion of the Spearmint Browser in accordance with the Documentation or to make use of any Documentation or related materials in connection with the execution of any machine-executable portion of the Spearmint Browser.
License Grant to you. Subject to the terms and conditions of this Agreement, IronSource hereby grants you a limited, non-exclusive, non-transferable, non-sub licensable license to install and Use the the Spearmint Browser and to use the Services supplied to you hereunder, as installed on your personal handheld device, or on handheld devices within your organization.
License Restrictions. You shall not and shall not allow any third party to: (a) use the Spearmint Browser or Services except as expressly permitted under Section 2; (b) separate the component programs of the Spearmint Browser for use on different computers; (c) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Spearmint Browser or Services; (d) sublicense, lease, rent, loan, or distribute the Spearmint Browser or Services to any third party; (e) transfer the Spearmint Browser or Services to any third party; (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Spearmint Browser, except as permitted by applicable law; (g) remove, alter or obscure any proprietary notices on the Spearmint Browser or Services, or the applicable documentation therefore; or (h) allow third parties to access or use the Spearmint Browser or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
Provision of Services. IronSource reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) in IronSource's sole discretion, with or without notice. You agree that IronSource shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services.
Content in the Services. You should be aware that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Spearmint Browser and/or Services are the sole responsibility of the person and/or entity from which such content originated. All such information is referred to as the "Content." You should be aware that by using the Services you may be exposed to Content that he/she may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Furthermore, you are solely responsible for (and that IronSource has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Spearmint Browser and/or Services and for the consequences of your actions (including any loss or damage which IronSource may suffer) by doing so.
Proprietary Rights. You acknowledge and agree that the Spearmint Browser and the Services, including without limitation the Spearmint Browser's sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of IronSource and is considered IronSource’s confidential information. The Spearmint Browser and/or Services are licensed and not sold to you, and no title or ownership to The Spearmint Browser and/or Services or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Spearmint Browser and/or Services and all intellectual property rights therein are the exclusive property of IronSource and its suppliers, and all rights in and to the Spearmint Browser and/or Services not expressly granted to you in this Agreement are reserved. IronSource owns all copies of the Spearmint Browser, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of IronSource, except to the extent necessary for you to use the Spearmint Browser and/or Services as expressly permitted under this Agreement.
Other content. The Services may include hyperlinks to other web sites or content or resources. IronSource has no control over any web sites or resources which are provided by companies or persons other than IronSource. You acknowledge and agree that IronSource is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You further acknowledge and agree that IronSource is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, this Agreement does not affect your legal relationship with these other companies or individuals.
Privacy and your personal information. For information about IronSource's data protection practices in regard to the Spearmint Browser and/or Services, please go to www.spearmintbrowser.com/privacy
Termination. The term of this Agreement will commence upon your download of the Spearmint Browser and/or your commencement of the Services and, unless earlier terminated as provided in this Section 9, will continue in perpetuity. IronSource may at any time, terminate this Agreement with you if: (a) you breached any provision of this Agreement; or (b) IronSource is required to do so by law; or (c) IronSource decides to terminate this Agreements at its sole discretion. Upon the termination of this Agreement, you will discontinue all use of the Spearmint Browser and/or Services, promptly destroy or have destroyed the Spearmint Browser and any copies thereof, and, upon request by IronSource, certify in writing to IronSource that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to IronSource. Sections 1, 2, 3, 6, 7, 8, 9, 10, 11, and 12, shall survive such termination.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SPEARMINT BROWSER AND/OR SERVICES IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE SPEARMINT BROWSER AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE ARE HEREBY DISCLAIMED. NEITHER WE NOR ANY USER MAKES ANY WARRANTY THAT THE SPEARMINT BROWSER AND/OR SERVICES WILL (1) MEET YOUR REQUIREMENTS, (2) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) HAVE ANY ERRORS CORRECTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ANY SOFTWARE AND/OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DOWNLOAD.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL IronSource AND ITS SUBSIDIARIES AND AFFILIATES and ANY THIRD PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF IronSource ARISING OUT OF OR RELATED TO THIS AGREEMENT OR WITH RESPECT TO THE SPEARMINT BROWSER AND/OR SERVICES AND DOCUMENTATION OR OTHERWISE SHALL EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). BECAUSE SOME STATES/COUNTRIES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CERTAIN USERS. NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THIS AGREEMENT OR RELATING TO THE SPEARMINT BROWSER MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND IronSource. IronSource WOULD NOT PROVIDE THE SPEARMINT BROWSER AND/OR SERVICES TO USER ABSENT SUCH LIMITATION.
Indemnifications. the maximum extent permitted by law, you agree to defend, indemnify and hold harmless IronSource and its affiliates, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from your use of the Spearmint Browser and/or Services, or violation of this Agreements.
Injunctive Relief. You acknowledge and agree that the Spearmint Browser and Services contain valuable trade secrets, confidential information and proprietary information of IronSource. You further acknowledge that any actual or threatened breach or violation of Section 2 or Section 3 of this Agreement will constitute immediate, irreparable harm to IronSource for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation
[Effective date of this Agreement: October 17th, 2012]