Terms of use ∴ 1st Browser

    SIEN terms of service

    1st browser

     

    Last Updated Date: 12-08-2015


    SIEN S.A. (“SIEN” or “we”) develop(s) and provide(s) value-added services and an applications, including but not limited to an SIEN’S 1ST BROWSER who facilitates access and use of connected services as (but not limited to) browsing, content usage and sharing, news feed for (collectively the “Application”) available through our website and product offerings, accessible at www.1stbrowser.com (the “Site”). Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which may be found at:
    http://www.1stbrowser.com/Corporate/Privacy and which is incorporated by reference into these Terms of Service. These Terms of Service govern your access to and use of the Site and Application and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Application (“Content”), and constitute a binding legal agreement between you and SIEN.

    Certain areas of the Site (and your access to or use of certain aspects of the Application or Content) may have different terms and conditions posted or may require you to accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Application or Content, the latter terms and conditions will take precedence with respect to your access to or use of that area of the Site, Application or Content.

    YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR BY ACCESSING OR USING THE SITE OR THE APPLICATION OR ACCESSING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION OR CONTENT.

    Modification. SIEN reserves the right, at its sole discretion, to modify or terminate the Site or Application or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the home page of this document. By continuing to access or use the Site or the Application after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Application.

    Access to the Application. In order to access certain features of the Site and Application, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information and to update such information to keep it accurate, current and complete. SIEN reserves the right to suspend or terminate your use of the Site and Application if any information provided proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify SIEN of any unauthorized use of your username or password. If you have not provided this information to SIEN, you may browse all areas of the Site and Application other than those requiring a username and password.

    Privacy. See SIEN’s Privacy Policy at http://www.1stbrowser.com/corporate/privacy for information and notices concerning SIEN’s collection and use of your personal information.

     

    Software. When you download, install or use any component of the Application to access and use various components thereof, including the SIEN’S 1ST BROWSER, you acknowledge and agree that the SIEN’S 1ST BROWSER may be your default internet browser as a result of such action, and that SIEN'S 1ST BROWSER can set, http://isearch.tinyresults.com as your default search, homepage and new tab. You may individually deactivate these default features, once they have been installed, or by setting another browser as your default browser.

    Other SIEN 1ST BROWSER software features may be set as default features when you install the Application. You may specify during the installation process that you do not accept the SIEN’S 1ST BROWSER and it will not be installed. If you install and/or update the SIEN’S 1ST BROWSER you acknowledge and agree that the SIEN’S 1ST BROWSER may be set as your default browser as a result of such action. You can change this and set any other Internet browser as your default browser, without uninstalling other SIEN software feature, by accessing the SIEN’S 1ST BROWSER’s menu “tools > Options > Basics” and selecting the appropriated “Default browser” option. You can also uninstall the by accessing the SIEN’S 1ST BROWSER’s menu “tools > Options > Basics” and selecting the appropriated “Default browser” option at anytime without uninstalling other SIEN software feature.

    We reserve the right to add additional features or functions to the existing Application or components thereof. When installed on your computer, the Application periodically communicates with our servers. We may require the updating of the Application on your computer when we release a new version of the Application, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You are not obligated to use any of the features of the Application, including, but not limited to instant messaging chat, content & news feeds.

    Ownership. The Site, Application and Content are protected by copyright, trademark and other laws of France and foreign countries. Except as expressly provided in these Terms of Service, SIEN and its licensors exclusively own all right, title and interest in and to the Site, Application and Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of SIEN used are trademarks or registered trademarks of SIEN. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Content.

    Content License. Subject to your compliance with the terms and conditions of these Terms of Service, SIEN grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and download any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SIEN or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

    User Content. Users may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Site and Application (“User Content”). By making available any User Content through the Site and Application, you hereby grant to SIEN a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Application. SIEN does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.

    You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Application or you have all rights, licenses, consents and releases that are necessary to grant to SIEN the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or SIEN’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    The User Content will not contain any “back door,” “trap door”, “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “Easter Eggs”, “cancelbots” or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Site and Application or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Site or Application.

    Open-Source Software The Software is distributed with certain independent code that is licensed under open source licenses ("Open Source Code") and the Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code. Please see the 1stbrowser://credits/ for important information regarding this Software open source licenses.

    Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Application (“Feedback”). You may submit Feedback by emailing us at contact@1stbrowser.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SIEN and you hereby irrevocably assign to SIEN and agree to irrevocably assign to SIEN all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At SIEN’s request and expense, you will execute documents and take such further acts as SIEN may reasonably request to assist SIEN to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

    General Prohibitions.

    You agree not to do any of the following:

    • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

    • Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, SIEN’s name, any SIEN trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SIEN’s express written consent;

    • Access, tamper with, or use non-public areas of the Site or Application, SIEN’s computer systems, or the technical delivery systems of SIEN’s providers;

    • Attempt to probe, scan, or test the vulnerability of any SIEN system or network or breach any security or authentication measures;

    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SIEN or any of SIEN’s providers or any other third party (including another user) to protect the Site, Application or Content;

    • Attempt to access or search the Site, Application or Content or download Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SIEN or other generally available third-party web browsers;

    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    • Use any meta tags or other hidden text or metadata utilizing a SIEN trademark, logo URL or product name without SIEN’s express written consent;

    • Use the Site, Application or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Content to send altered, deceptive or false source-identifying information;

    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Content;

    • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

    • Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;

    • Impersonate or misrepresent your affiliation with any person or entity;

    • Violate any applicable law or regulation; or

    • Encourage or enable any other individual to do any of the foregoing.

    SIEN will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SIEN may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that SIEN has no obligation to monitor your access to or use of the Site, Application or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SIEN reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that SIEN, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Application.

    Copyright and IP Policy. SIEN respects copyright law and expects its users to do the same. SIEN has adopted and implemented a policy that provides for the termination in appropriate circumstances of SIEN users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

    Links. The Site, Application and Content may contain links to third-party websites or resources. You acknowledge and agree that SIEN is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, product, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SIEN of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

    Termination and Cancellation. If you breach any of these Terms of Service, SIEN will have the right to suspend or disable your use of the Site, Application and Content or prevent your access to the Site, Application and Content or terminate these Terms of Service, at its sole discretion and without prior notice to you. SIEN reserves the right to revoke your access to and use of the Site, Application and Content at any time, with or without cause. You may terminate this Agreement at any time by uninstalling and destroying all copies of the SIEN software for the Application in your possession or control.

    Disclaimers. THE SITE, APPLICATION AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND YOU USE THEM AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, SIEN EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SIEN MAKES NO WARRANTY THAT THE SITE, APPLICATION OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

    WE MAKE NO WARRANTY THAT THE SITE, APPLICATION AND CONTENT WILL NOT CAUSE DAMAGE TO ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR YOUR USE OR ABILITY TO USE ANY SERVICE OR OTHER WEBSITE ONLINE ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED OR RELATING TO OR RESULTING FROM USING THE SITE, APPLICATION AND CONTENT.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SIEN OR THROUGH THE SITE, APPLICATION OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION. YOU UNDERSTAND THAT SIEN DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR APPLICATION, NOR DOES SIEN MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR APPLICATION. SIEN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

    Indemnity. You agree to defend, indemnify, and hold SIEN, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application or Content, or your violation of these Terms of Service.

    Limitation of Liability. SIEN’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT REMAINS WITH YOU. IN NO EVENT WILL SIEN BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    General. These Terms of Service will be governed by and construed in accordance with the laws of California, without regard to 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 these Terms of Service 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. SIEN may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service 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 Application notifications. The failure by either party to enforce any provision of these Terms of Service will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms of Service will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms of Service 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. These Terms of Service are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and SIEN have executed a separate agreement.

    Contacting SIEN. If you have any questions about these Terms of Service for the SIEN’S 1ST BROWSER, please contact SIEN at contact@1stbrowser.com.

     

    x

    1stBrowser

    For Windows 10/8.1/8/7/Vista

    For MacOs X 10.6 +

    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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