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SIEN SA,
SOFTWARE LICENSE AGREEMENT FOR 1stBrowser
SINGLE USE LICENSE

Last Updated: 11-01-2016


PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SIEN SOFTWARE. BY USING THE SIEN SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE,CLICK "DISAGREE" OR DON’T INSTALL THE SOFTWARE. IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

1. General.

The SIEN and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "SIEN Software") are licensed, not sold, to you by SIEN SA ("SIEN") for use only under the terms of this License. SIEN and/or its licensors retain ownership of the SIEN Software itself and reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by SIEN that replace and/or supplement the original SIEN Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through the SIEN Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

2. Permitted License Uses and Restrictions.

  • A. Subject to the terms and conditions of this License you are granted a limited non-exclusive license to install and use one copy of the SIEN Software on each computer owned or controlled by you. To the extent that the SIEN Software may be used to reproduce materials, such use is limited to reproduction of noncopyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the SIEN Software to exist on more than one computer at a time, and you may not make the SIEN Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the SIEN Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. In addition to the restrictions stated above, the SIEN proprietary extension ("SIEN extensions") included with the SIEN Software are only licensed for use with the SIEN Software . You may not use the SIEN extensions for any other purpose, nor may you link, compile or otherwise combine the SIEN extensions with your own programs, modify, rent, release, lend, sublicense or otherwise redistribute the SIEN extensions, in whole or in part.
  • B. SIEN Software incorporates certain open source third-party software and code, which are licensed to you and subject to the license provisions of such providers. Therefore, you may use a source code version of certain SIEN Software functionality and distribution free of charge under these public licenses. These licenses permit you to run, copy, modify, and/or redistribute the open-source components subject to certain restrictions described in the terms of these licenses which you should review. This License does not limit your rights under, or grant you rights that supersede, the license terms of any particular open source component of the SIEN Software. The extent that any of the terms set out herein conflict with any terms contained in the third party open source license, the conflicting terms will not apply to the third party open source code. This License will also govern any SIEN Software upgrades provided by SIEN that replace and/or supplement the original product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
    Please review the license agreements linked below for the open source third party software currently in use with SIEN’s software solution:


  • C. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the SIEN Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the SIEN Software). Any attempt to do so is a violation of the rights of SIEN and its licensors of the SIEN Software.

3. Transfer.

You may not rent, lease, lend, sell, redistribute or sublicense the SIEN Software. You may, however, make a one-time permanent transfer of all of your license rights to the SIEN Software to another party, provided that: (a) the transfer must include all of the SIEN Software, including all its component parts, original media (if any), printed materials and this License; (b) you do not retain any copies of the SIEN Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the SIEN Software reads and agrees to accept the terms and conditions of this License. All components of the SIEN Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Updates: If an SIEN Software update completely replaces (full install) a previously licensed version of the SIEN Software, you may not use both versions of the SIEN Software at the same time nor may you transfer them separately.

4. Consent to Use of Data.

  • A. Diagnostic and Usage Data. You agree that SIEN and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the SIEN Software, and to verify compliance with the terms of this License. SIEN may use this information, as long as it is collected anonymously in a form that does not personally identify you, to provide and improve SIEN’s products and services. To enable SIEN’s partners and third party developers to improve their software, hardware and services designed for use with SIEN products, SIEN may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
  • B. Bookmarks and local data. By installing 1stBrowser you consent to locally import bookmarks, history, saved passwords and cookies from other browsers at the moment of the install.
  • C. For information about SIEN Software data protection practices, please read 1stBrowser’s privacy policy at http://1stbrowser.com/en-US/Corporate/Privacy. This policy explains how SIEN treats your personal information, and protects your privacy, when you use the SIEN Software.
  • D. You agree to the use of your data in accordance with the privacy policy of SIEN Software.

5. Software updates.

The SIEN Software which you use may automatically download and install updates from time to time from SIEN. These updates are designed to improve, enhance and further develop the SIEN Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SIEN to deliver these to you) as part of your use of the SIEN Software. These updates may occur all at once or over multiple sessions and require your review and acceptance of our then-current License before you will be permitted to use any subsequent versions of the SIEN Software. You acknowledge and agree that SIEN has no obligation to make available to you any subsequent versions of the SIEN Software. You are not obligated to use any of the features of the SIEN Software, including, but not limited to content and news feeds.

6. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from SIEN if you fail to comply with any term (s) of this License. Upon the termination of this License, you shall cease all use of the SIEN Software and destroy all copies, full or partial, of the SIEN Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License survive any such termination.

7. Services and Third Party Materials.

  • A. The SIEN Software automatically references, displays, and links to, third party web sites and information located worldwide throughout the Internet, and the SIEN Software also performs or provides access to SIEN and third party web services as well as third party extensions (collectively and individually, “Services”). Use of the Services requires Internet access and use of certain Services may require you to accept additional terms.

  • B. By installing and/or updating the SIEN’S Software you acknowledge and agree that the SIEN Software may be set as your default browser as a result of such action and that Desktop shortcuts to Search, Facebook and Youtube may also be created in order to provide access to supported features.
    You can change this at any time and set any other application as your default browser by using the settings available in the Internet browsers installed on your system or via the controls available in your operating system.
  • C. You agree that SIEN may modify the default search provider of the SIEN Software during your use of the SIEN Software. If you do not want to have your default search provider modified, you may refuse the modification as part of the SIEN Software installation process or, after installation, you may deactivate the modification of your search properties by accessing the SIEN’S Software’s menu “Tools > Settings" and selecting the desired “Search” option.
  • D. You understand that by using the SIEN Software or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the SIEN Software and Services at your sole risk and that SIEN shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
  • E. By using the SIEN Software and Services, you acknowledge and agree that SIEN is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third party materials, extensions or web sites. SIEN, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, third party materials, extensions or web sites, or for any other materials, products, or services of third parties. Third party materials and extensions and links to third party web sites are provided solely as a convenience to you.
  • F. Financial information displayed by the SIEN Software or any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the SIEN Software or Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by the SIEN Software or any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SIEN nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by the SIEN Software or any Services.
  • E. You agree that the Services contain proprietary content, information and material that is owned by SIEN and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or SIEN. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SIEN is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
  • F. SIEN and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SIEN be liable for the removal of or disabling of access to any such Services. SIEN may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

8. Disclaimer of Warranties.

  • 8.1 If you are a customer who is a consumer (someone who uses the SIEN Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization
  • 8.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SIEN SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
  • 8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SIEN SOFTWARE AND ANY SIEN OR THIRD PARTY SERVICES PERFORMED OR PROVIDED BY THE SIEN SOFTWARE (COLLECTIVELY "SERVICES") ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SIEN AND SIEN'S LICENSORS (COLLECTIVELY REFERRED TO AS “SIEN” FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SIEN SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
  • 8.4 SIEN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SIEN SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SIEN SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SIEN SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT THE SIEN SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR OTHER THIRD PARTY SERVICES, OR THAT DEFECTS IN THE SIEN SOFTWARE OR SERVICES WILL BE CORRECTED.
  • 8.5 YOU FURTHER ACKNOWLEDGE THAT THE SIEN SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SIEN SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
  • 8.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIEN OR AN SIEN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SIEN SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SIEN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SIEN SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SIEN SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SIEN's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10. Export Control.

You agree to comply fully with all of France’s export laws and regulations to ensure that neither the SIEN Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

11. Advertisements.

  • A. Some part of the SIEN Software is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the SIEN Software , queries made through the SIEN Software or other information.
  • B. The manner, mode and extent of advertising by SIEN on the SIEN Software is subject to change without specific notice to you.
  • C. In consideration for SIEN granting you access to and use of the SIEN Software, you agree that SIEN may place such advertising on the SIEN Software and in any Services provided via SIEN Software.

12. Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of France, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without SIEN’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this License, the exercise by either party of any of its remedies under this License will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications permitted or required hereunder will be provided to you in one of the following ways: by posting on the SIEN Site, by email or through notifications in SIEN Software. The failure by either party to enforce any provision of this License will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this License is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.

13. Complete Agreement; Governing Language.

This License constitutes the entire agreement between you and SIEN relating to the SIEN Software (but excluding any services which SIEN may provide to you under a separate written agreement) and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SIEN. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

14. Third Party Acknowledgements and Terms.

  • A. Portions of the SIEN Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the “online” electronic documentation for the SIEN Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.
  • B. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (http://www.google.com/intl/en/policies/terms/regional.html) and to Google's Privacy Policy (http://www.google.com/intl/policies/policies/privacy/).

15. Additional Terms for Extensions for SIEN Software.

  • A. These terms in this section apply if you install extensions on your copy of SIEN Software. Extensions are small software programs, developed by SIEN or third parties, that can modify and enhance the functionality of SIEN Software. Extensions may have greater privileges to access your browser or your computer than regular webpages, including the ability to read and modify your private data.
  • B. From time to time, SIEN Software may check with remote servers (hosted by SIEN or by third parties) for available updates to extensions, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
  • C. From time to time, SIEN may discover an extension that violates SIEN’s terms or other legal agreements, laws, regulations or policies. SIEN Software may periodically download a list of such extensions from SIEN’s or other third party servers. You agree that SIEN may remotely disable or remove any such extension from user systems in its sole discretion.

16. Additional Terms for Enterprise Use.

A. If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these License, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorized to do business in the country or countries where you operate, and that your employees, officers, representatives, and other agents accessing the SIEN Software are duly authorized to access the SIEN Software and to legally bind you to these License.

17. Contact Information.

If you have any questions regarding this License for SIEN Software, you may contact the 1stBrowser Team at contact@1stbrowser.com.

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