Important - please read the terms of this Software License agreement carefully.
By clicking on the "I Agree" button or by downloading or installing or using the Browser Extension (as defined below),
- (1) you acknowledge that you agree to be bound by this Software License, and
- (2) you represent that you have the authority to enter into this Software License.
If you do not agree to all terms and conditions of this Software License you should click on the "Cancel" button to discontinue
the download or stop the installation of the Browser Extension (as the case may be), or should discontinue any use of the
Browser Extension.
This Software License is a legal agreement between you, the end user ("End User" or "you")
and Rowdii Media Pty Ltd, Australia ("Rowdii", "us" or "we"), for the license of.
The Rowdii Browser Extension, which includes computer software and electronic documentation (the "Browser Extension").
1. SOFTWARE LICENSE. Rowdii grants you a non-transferable, non-exclusive, non-sublicensable, royalty-free and fully paid, worldwide right and license to reproduce (solely to install and execute) the Browser Extension on one of your computers, in executable object code format only, for your personal, non-commercial use only, subject to the terms and conditions of this Sofware License. You are permitted to download the Browser Extension multiple times in order to install the Browser Extension on multiple computers, provided that you agree to the terms and conditions of this Software License each time you download the Browser Extension.
2. RESTRICTIONS. You may not modify, make derivative works of, copy, reproduce, publish, or reverse engineer the Browser Extension. You may not license, sell, transfer, distribute, rent, lease or otherwise transfer or exploit rights to the Browser Extension. You may not use the Browser Extension in any manner that could damage, disable, overburden or impair the Rowdii website ("Website"), nor may you use the Browser Extension in any manner that could interfere with any other party's use and enjoyment of the Website. You agree that you will use the Browser Extension for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Browser Extension will terminate immediately if you violate any provision of this Browser Extension License. Upon termination, you may no longer use the Browser Extension.
3. INTELLECTUAL PROPERTY. The Browser Extension is licensed, not sold. You acknowledge that Rowdii and its licensors and content and service providers ("Rowdii Licensors") own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Browser Extension, portions thereof, or software provided through or in conjunction with the Browser Extension. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree not to remove, obscure, or alter Rowdii's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Browser Extension. All rights not expressly granted to you are reserved by Rowdii or its suppliers.
4. DISCLAIMER OF WARRANTIES. Rowdii and the Rowdii Licensors disclaim any responsibility for harm resulting from your use of the Browser Extension. The Browser Extension is provided "as is," with no warranties whatsoever. Rowdii and the Rowdii Licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. Rowdii and the Rowdii Licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Browser Extension. You understand and agree that you download and use the Browser Extension at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Browser Extension.
5. BASIS OF BARGAIN. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between Rowdii and you. We would not be able to provide the Browser Extension on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our suppliers.
6. LIMITATION OF LIABILITY. Under no circumstances shall Rowdii or the Rowdii Licensors be liable to any user on account of that user's use or misuse of the Browser Extension. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if Rowdii or the Rowdii Licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Browser Extension, from the performance or misperformance of the Browser Extension, from inability to use the Browser Extension, or from the interruption, suspension or termination of the Browser Extension (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Rowdii's aggregate cumulative liability under this Software License shall not exceed the amounts paid by you for the Browser Extension (if any).
7. INDEMNIFICATION. You agree to indemnify and hold harmless Rowdii, the Rowdii licensors and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any liability, cost, expense, or claim or demand made by any third party, due to or arising directly or indirectly out of your conduct or in connection with your use of the Browser Extension or its features, any alleged violation of this Software License, or any alleged violation of any applicable law or regulation. Rowdii and the Rowdii licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
8. TERM AND TERMINATION. This Software License and the licenses granted hereunder are effective on the date you accept the terms of this Software License or use the Browser Extension and shall continue until terminated by either party pursuant to this section. We may terminate this Software License at any time, with or without cause. You may terminate this Software License at any time, with or without cause by (1) uninstalling the Browser Extension, and (ii) requesting the termination of your Rowdii account. Upon expiration or termination, the license granted hereunder shall terminate and you shall immediately delete and destroy any copies of the Browser Extension in your possession, but the terms of this Software License which are intended to survive termination will remain in effect.
9. SOFTWARE AND POLICY UPDATES. This Software License may be amended by Rowdii from time to time. If we make material changes to the Software License, we will send you notice of the changes by sending a message to you at your Rowdii InBox accessible through your Rowdii account. You agree that such amended Software License will be effective 30 days after the notice is sent to you, and your continued access to the Website or use of the Browser Extension after that time shall constitute your acceptance of the amended Software License. Rowdii may automatically update or modify the Browser Extension from time to time at its discretion. You may not be able to use the Website or other services offered on the Website if you do not have the latest version of or updates for the Browser Extension installed.
10. PRIVACY AND OTHER USER AGREEMENTS. Your use of the Browser Extension is subject to the terms of the Rowdii Privacy Policy http://www.rowdii.com/privacy
Because the Browser Extension works in conjunction with the Website, you will also be subject to the Rowdii Terms of Use http://www.rowdii.com/terms/
11. RESOLUTION OF DISPUTES. If a dispute arises between you and Rowdii, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Rowdii agree that we will resolve any claim or controversy out of this Browser Extension License or our services (a "Claim") in accordance with one of the paragraphs below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us using the response form at http://www.Rowdii.com/Contact/. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Software License shall be governed in all respects by the laws of the Victoria, Australia, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Rowdii must be resolved by a court located in Victoria, Australia.
12. MISCELLANEOUS PROVISIONS. If for any reason a court of competent jurisdiction finds any provision or portion of this Software License to be unenforceable, the remainder of the Software License will continue in full force and effect. Other sections of this Software License may survive any termination of individual sections within this Software License. This Software License constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. To the extent that there is a conflict between the terms of this Software License and the Rowdii Privacy Policy or Rowdii Terms of Use, this Software License shall have precedence as to the subject matter of this Software License. Any waiver of any provision of this Software License will be effective only if in writing and signed by Rowdii.
Questions or Additional Information. If you have questions regarding this Software License or Browser Extension, or wish to obtain additional information, please send an e-mail to support@Rowdii.com.