INN INFRASTRUCTURE LIMITED (“INN”) - TOOLBAR SOFTWARE TERMS AND CONDITIONS
Welcome to the INN Toolbar (“Software”). Please read these Terms and Conditions (“Conditions”) carefully before using this Software in any form or medium.
Your use of this Software
INN Infrastructure Limited of Unit 902, 9th Floor, Loke Yew Building, 50-52 Queen’s Road Central, Hong Kong is the owner of the Software (“INN”). INN takes no responsibility for any content, stories and material (including election material) published on or via the Software.
INN does not own the domain name(s) listed on the Software or any other related domain name linked to or associated with the Software (“URL’s”).
The owner of the URL's takes no responsibility for and disclaims any liability for any information or material published on or via the Software and any related or associated Software or Website in any form, at any time both now and in the future.
Users of the Software, including contributors who submit content for publication on the Software (“Users”) agree to abide by and be bound by the Conditions, which are subject to change at INN’s sole discretion. INN reserves the right to change the Conditions at any time, and your continued use of and access to the Software indicates and confirms your acceptance of these Conditions, and any changes as they exist at any time. By using the Software, you accept the Conditions and confirm that INN may automatically update the Software at any time and add additional partner products and features. Unless explicitly stated otherwise, any new features or functionality that enhances the Software shall be subject to the Conditions. Even though Conditions may be changed and new Conditions imposed, these Conditions may not be necessarily be made immediately available to you via the Conditions. If you object to any changes to the Conditions, your only remedy is to immediately discontinue use of the Software.
INN reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can request the most recent version of this Software License at email@example.com. INN may change this Software License by posting a new version without notice to you. Use of the Software after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.By accepting the Conditions, you represent to INN and its affiliate that you are at least 18 years old. The Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "INN Software") are owned by INN or INN’s licensors and content and data providers ("INN 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 INN Software, all updates, revisions, substitutions, and any copies of the INN Software made by or for you. All rights not expressly granted to you are reserved by INN or their respective owners.
YOU MAY install and personally use the INN Software and any updates provided by INN (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the INN Software for your own noncommercial use or benefit. Your license to the INN 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 INN Software and by destroying all your copies of the applicable INN Software. To uninstall the INN Software, follow the prompts and click ‘un install’. The INN Software will be uninstalled and will no longer be visible when you restart your computer. This Software License terminates automatically if you violate any term of this Software License, INN publicly posts a written notice of termination on INN’s web site, or INN 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 or improvements from the INN Software or any portion thereof.
(ii) incorporate the INN Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the INN Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with Conditions or this Software License. you may not use the INN 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 INN 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 INN is not responsible.
(v) use, or export the INN Software in violation of applicable laws or regulations.
(vi) sell, lease, loan, distribute, transfer, or sublicense the INN Software or access thereto or derive income from the use or provision of the INN Software, whether for direct commercial or monetary gain or otherwise, without INN’s prior, express, written permission.
Ownership and Relationship of Parties; Support.
The INN Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws. 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 and in the Conditions. INN and INN's Licensors own all rights, title, and interest in and to their applicable contributions to the INN Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by INN including (but not limited to) the INN Software, and creates no relationship between yourself and INN's Licensors, or between you and INN other than that of INN to licensee.
The INN Software and its components contain software licensed from INN Licensors ("Licensor Software"). The Licensor Software enables the INN Software to perform certain functions, including, without limitation, access proprietary data on third -party data servers. You agree that you will use the INN Software, and any data accessed through the INN Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the INN Software, or any data obtained through the INN Software, to any third party. Your license to use the INN Software, its components, and any third -party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the INN Software, its components, and any third -party data. All rights in any third -party data, any third -party software, and any third -party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
INN may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the INN Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. INN may change, suspend, or discontinue any aspect of the INN Software at any time, including the availability of any INN Software feature, database, or content. You agree and accept that INN may automatically update the Software at any time and include new and additional partner products and features without disclosing this to you or notifying you. INN may also impose limits on certain features and services or restrict your access to parts or all of the INN Software or related websites without notice or liability. Additionally, in order to enhance the security of the INN Software or to fix bugs, from time to time, INN may automatically download and install updates to the INN Software with or without prior notification.
You agree that INN may automatically download and install the latest version of INN Software without prior notification.
Fees and Payments.
Also INN reserves the right to charge fees for future use of or access to the INN Software or the INN services and web sites (collectively, "INN Software Services") in INN’s sole discretion. If INN decides to charge for the INN Software Services, such charges will be disclosed to you prior.
Disclaimer of Warranties by INN
USE OF THE INN SOFTWARE AND ANY DATA ACCESSED THROUGH THE INN SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INN SOFTWARE (SUCH AS ANY ANTI-SPYWARE FEATURE) 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.
INN, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "INN ENTITIES") AND INN LICENSORS DO NOT REPRESENT THAT THE INN SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ANY COUNTRY.
THE INN ENTITIES AND INN LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE INN SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE INN SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE INN SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. INN SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF THE INN SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE INN ENTITIES OR THE INN LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE INN ENTITIES OR INN LICENSORS HAVE 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.
Limitation of Liability.
THE INN ENTITIES AND INN LICENSORS 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 INN 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.
THE INN ENTITIES AND INN LICENSORS ARE 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 INN SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE INN SOFTWARE, OR ANY DATA PROVIDED THROUGH THE INN 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 INN SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE INN ENTITIES AND INN LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. INN MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE INN SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE INN SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
You agree to indemnify and hold the INN Entities 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 INN 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.
This Software License and the relationship between you and INN is governed by the laws of the British Virgin Islands without regard to its conflict of law provisions. You and INN agree to submit to the personal and exclusive jurisdiction of the courts located within the British Virgin Islands.
No General Waiver; Severability.
The failure of INN 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 and the Conditions constitute the entire understanding between the parties respecting use of the INN Software, superseding all prior agreements between you and INN.
Sections 1.b, 2, and 4 through 12, will survive any termination of this Agreement.