Software End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
OneLaunch Technologies (“OneLaunch”) strives to provide exceptional software products that help to make your web browsing and Internet experience more enjoyable. By installing and using this OneLaunch software application (the “Software”) and any applicable documentation, media, manuals and other technical information including an online help system related to the Software (the “Related Materials”), you hereby agreed to the following terms and conditions.
THE SOFTWARE AND THE RELATED MATERIALS ARE PROVIDED TO YOU BY ONELAUNCH FOR USE ONLY IN ACCORDANCE WITH THE TERMS, CONDITIONS AND RESTRICTIONS SET OUT IN THIS SOFTWARE END USER LICENSE AGREEMENT (THE “AGREEMENT”). ALL RIGHTS WHICH ARE NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT ARE RESERVED BY ONELAUNCH.
1.1 Subject to the terms and conditions of this Agreement, OneLaunch grants to you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to install the Software on your computer system and to use the Software and the Related Materials in accordance with this Agreement and any other written agreement that you may have with OneLaunch. These terms and conditions will also govern any software upgrades and updates provided by OneLaunch that replace and/or supplement the original Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that software license agreement will govern. You are being granted a right and license to use the Software and the Related Materials. OneLaunch does not transfer title of the Software or the Related Materials to you. This Agreement is a legally binding agreement between OneLaunch and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and any Related Materials and remove the Software and any associated Related Materials from your computer. OneLaunch reserves the right to terminate this Agreement and the licenses granted in the event that you breach any term or condition of this Agreement.
1.2 Third-Party Software Technologies & Licenses - The Software may include third-party software components and technologies. Such third-party software may incorporate certain open source software and code, which is being licensed to you and is subject to the licensing terms and conditions of each applicable third-party provider. You are permitted to use and may be permitted to distribute, free of charge, certain source code of the Software functionality under the applicable public licenses. The applicable open source licenses may permit you to copy, run, modify, and/or redistribute the open-source components, subject to certain restrictions, described in the terms of each applicable licence. Your use of any software components and technologies that are not open source are subject to the applicable licensing terms and conditions. You are responsible for reviewing and complying with each applicable license. The terms and conditions of this Agreement are not intended to limit your rights under the applicable third-party licenses, nor grant you any rights that supersede the terms and conditions of any particular third-party licenses. You acknowledge and agree that in the event of any conflict or discrepancy between the terms and conditions set out in this Agreement and the applicable third-party license, the terms of the third-party license shall govern and prevail.
The Software may utilize the following third-party software code and technologies, and the applicable licenses can be viewed at the following URL’s below:
Third Party Open Source Components and Technologies:
- Chromium: http://www.chromium.org
- GNU: http://www.gnu.org/licenses/lgpl.html
- BSD: http://www.opensource.org/licenses/bsd-license.php
- MIT License: http://www.opensource.org/licenses/mit-license.php
Non-Open Source Third Party Components and Technologies:
Unless otherwise authorized herein or by a written agreement between you and OneLaunch, the Software, any Related Materials, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of this Software, please contact OneLaunch at http://www.onelaunch.com.
3. USER AGREEMENT
3.1 Use Restrictions - You shall use this Software and any Related Materials in compliance with all applicable laws and not for any unlawful purpose. The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of OneLaunch. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. You shall not allow others to use or make copies of this licensed Software. Others may obtain a copy of the Software from http://www.onelaunch.com.
3.2 Evaluation Period – When you install the Software on your computer system, you will be eligible to opt-in for a limited, one-time evaluation period of seven (7) consecutive days where you will have access to all features and functionality of the Software (the “Evaluation Period”). Once the Evaluation Period expires, you have the option to purchase a Software subscription license (the “Subscription License”) that will be valid for a limited period of time in order for you to continue using certain features and functionality of the Software that were being made available to you during the Evaluation Period. Following the expiration of a Subscription License, you will need to renew and purchase another Subscription License in order to enable and continue to use certain features and functionality of the Software. All other features and functionality of the Software that do not require a Subscription License will continue to be available to you without additional costs or fees.
3.3 Subscription License Activation - Once you have purchased a valid Subscription License in order to enable and access all the features and functionality of the Software, you may be required to activate the Software through the Internet. The Software contains technological measures to prevent unauthorized and unlicensed use of the Software. These measures will be used to confirm you have a valid Subscription License to use the Software. OneLaunch will not knowingly collect any personally identifiable information from your computer location or workstation during this process.
3.4 Subscription License Purchase - By purchasing a Subscription License, you acknowledge and agree: (i) that you are purchasing the license and right to use certain features, functionality, and any associated services of the Software for a specified period of time; (ii) to be charged for and agree to pay for the applicable Subscription License fee(s); (iii) that OneLaunch may offer a number of different Subscription License plans, including promotional subscriptions plans or subscriptions plans with various features and functionality or limitations; (iv) that OneLaunch reserves the right, at any time and in its sole discretion to modify, terminate or otherwise amend the Subscription License plan(s) that may be offered to you; (iv) that your Subscription License will be activated following OneLaunch’s receipt and confirmation that your purchase and payment method has been validated and approved; and (v) that there may be a delay in verifying and processing your Subscription License purchase, and to update your access to certain features and functionality of the Software.
3.5 Subscription License Billing - By purchasing a monthly Subscription License, you agree that OneLaunch may submit monthly charges at the then current Subscription License price to your payment method without further authorization from you until you provide prior notice that you wish to terminate your monthly Subscription License, or you wish to change your payment method. By purchasing an annual Subscription License, you agree that OneLaunch may submit annual charges at the then current Subscription License price to your payment method without further authorization from you, until you provide prior notice that you wish to terminate your annual Subscription License, or you wish to change your payment method. ONELAUNCH SUBSCRIPTIONS LICENSES CAN BE CANCELLED AT ANY TIME. As used in this Agreement, “billed” or “billing” shall indicate either a charge or debit, as applicable, against your payment method. The Subscription License will be billed at the beginning of the paying portion or your Subscription License and each month or year (as applicable) thereafter unless and until you cancel your Subscription License. OneLaunch will automatically bill your payment method each month or each year on the calendar day corresponding to the commencement of your Subscription License or within 2-3 business days of such date. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include without limitation differing amounts due to promotional offers or upgrades/downgrades to different Subscription License plans offered by OneLaunch, and you authorize OneLaunch to charge your payment method for such varying amounts. Subscription License pricing and charges are subject to change at any time and in OneLaunch’s sole discretion. OneLaunch may change the Subscription License fees and charges in effect, or add new fees and charges from time to time. OneLaunch will notify you in advance of any changes to Subscription License pricing. If your payment method reaches its expiration date and/or you do not provide us with an alternative payment method, OneLaunch reserves the right to terminate or limit your access to certain features and functionality of the Software that are available with the applicable Subscription License.
3.6 Subscription License Cancellation Policy - You are entitled to cancel your Subscription License at any time and without further charge. Should you wish to cancel your Subscription License, please contact OneLaunch at [email protected]. You will receive a Subscription License cancellation confirmation from OneLaunch. Please allow 2-3 business days to process your cancellation request. Once your cancellation request has been processed, you will no longer be charged for any future Subscription License fees for the applicable license period, or have access to certain features and functionality of the Software, unless you decide to purchase a Subscription License again in the future. Following the cancellation of your Subscription License, you will continue to have access to or use any of the features and/or functionality available through the applicable Subscription License for the remainder of the current billing period.
3.7 Subscription License Refund Policy – If you are not satisfied with your Subscription License, you may be entitled to a full refund of the most recent Subscription License fee that has been billed to your payment method, provided that your refund request is received by OneLaunch within forty-five (45) days of the billing date of the Subscription License fee payment (the “Refund Period”). Your refund request must be submitted to OneLaunch by contacting [email protected] during the Refund Period. You acknowledge and agree that (i) you will not be entitled to any refund of the Subscription License fee except as permitted herein; (ii) any Subscription License fee refund requests may take up to ten (10) business days to process; and (iii) any approved refund shall terminate your applicable Subscription License. You will continue to have access to and be able to use certain features and functionality of the Software that do not require a Subscription License.
3.8 Copyright Restriction – You acknowledge and agree that any and all intellectual property rights to or arising from the Software are and shall remain the exclusive property of OneLaunch and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of OneLaunch. You acknowledge and agree that any unauthorized use of the intellectual property rights of OneLaunch is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third-party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, either directly or indirectly, modify, reverse engineer, disassemble or decompile this Software. Furthermore, you are not permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part. The foregoing shall not apply to any open source software and/or technologies as defined under Section 1.2 above, and you agree to comply with any and all terms, conditions, licenses, guidelines, and policies with respect to such open source software and/or technologies. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for OneLaunch and its applicable licensors.
3.9 Limitation of Liability & Indemnification – You will indemnify, hold harmless, and defend OneLaunch, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software and the Related Materials. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL ONELAUNCH, ITS EMPLOYEES, AGENTS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, ANY RELATED MATERIALS, ANY THIRD-PARTY SOFTWARE COMPONENTS OR TECHNOLOGIES, OR THE USE OR INABILITY TO USE THE SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ONELAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ONELAUNCH BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY GOVERNMENTAL ACTION, FIRE, FLOOD, INSURRECTION, EARTHQUAKE, POWER FAILURE, RIOT, EXPLOSION, EMBARGO, STRIKES WHETHER LEGAL OR ILLEGAL, LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOWDOWN, OR ANY ACTION BEYOND ITS REASONABLE CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, ONELAUNCH’S TOTAL AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT, OR GENERALLY, WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE LICENSE TO USE THE SOFTWARE. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS THAT YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT ONELAUNCH WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SET FORTH UNDER THIS LIMITATION OF LIABILITY.
3.10 Disclaimer and Warranties – THE SOFTWARE, THE RELATED MATERIALS, AND ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN WRITING BY AN AUTHORIZED EMPLOYEE OF ONELAUNCH, ONELAUNCH MAKES NO REPRESENTATION OR WARRANTIES IN RESPECT OF THE SOFTWARE, THE RELATED MATERIALS, OR ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS AND EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ONELAUNCH FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, THE RELATED MATERIALS, OR ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ONELAUNCH WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, TO OR FROM ANY NETWORK OR ANY QUALITY OF ANY COMMUNICATION MADE USING THE SOFTWARE, THE RELATED MATERIALS, OR ANY THIRD-PARTY SOFTWARE COMPONENTS, TECHNOLOGIES, OR EXTENSIONS. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ONELAUNCH AND ITS LICENSORS DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SOFTWARE, SOFTWARE COMPONENTS, TECHNOLOGIES, EXTENSIONS, OR ANY OF ITS ASSOCIATED SERVICES (I) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; OR (II) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION THAT YOU PROVIDE) FROM UNAUTHORIZED ACCESS OR MALICIOUS ATTACKS.
3.11 Governing Law - This Agreement, and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal therefrom with respect to all disputes arising out of or in connection with this Agreement or in respect of any legal relationship associated with or derived from this Agreement and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts and any claims on the grounds of forum non conveniens. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.12 Term and Termination – This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either OneLaunch or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of the licenses granted herein. You may terminate this Agreement with immediate effect at any time, with or without cause. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and any Related Materials, and destroy all copies of the Software and the Related Materials supplied under this Agreement. The financial obligations incurred by you or any indemnification obligations by you shall survive the termination of this license.
3.13 Equitable Relief – You agree that a material breach of this Agreement by you would cause irreparable injury to OneLaunch for which there may be no adequate remedy at law. OneLaunch shall have the right to apply to any court of competent jurisdiction for injunctive relief and specific performance, without prejudice to any remedies available to it at law or in equity.
3.14 No Waiver - No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by OneLaunch. The failure of OneLaunch to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of OneLaunch to enforce each and every such provision thereafter.
4. CONSENT TO USE OF DATA
You agree that OneLaunch may collect and use information transmitted by you through the Software and/or gathered in any manner as part of the services provided to you, if any. OneLaunch may also use any information collected to improve and enhance the Software and to provide notices to you which may be of use or interest to you. The Software contains components that enable and facilitate the use of certain technologies and Internet-based services. You acknowledge and agree that OneLaunch may automatically check the version of the Software that has been installed on your computer system that you are utilizing and may provide updates, upgrades, or fixes to the Software. OneLaunch will not collect any personally identifiable information from your computer location or workstation during this process. The Software may automatically download and install updates, upgrades, or fixes to the Software from OneLaunch. These updates, upgrades, or fixes are designed to improve, enhance, and further develop your use of the Software. You agree to receive such updates, upgrades, or fixes (and permit OneLaunch to deliver these to you) as part of your use of the Software.
5. DEFAULT SEARCH
OneLaunch default search is powered by select search partners. A portion of advertising revenue generated from default search supports OneLaunch financially. To facilitate this, search requests may redirect through a website owned by OneLaunch or our search partners.
Some components of the Software may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored by or through the Software, queries made through the Software or other information. The manner, mode and extent of advertising by OneLaunch through the Software are subject to change without prior notice to you. In consideration for OneLaunch granting you access to and use of the Software and associated services, you agree that OneLaunch may place such advertising on the Software.
7. THIRD-PARTY CONTENT AND LINKS
The Software may include hyperlinks to other third-party web sites, content, or resources. OneLaunch may have no control over any web sites, content, or resources which are being provided through the Software by third-parties other than OneLaunch. When using the Software, the Related Materials, and any associated services, you acknowledge and agree that OneLaunch is not responsible for the availability of any such third-party external sites, content, or resources. OneLaunch does not endorse any advertising, products, services, or other materials on or available from such third-party web sites, content, or resources. You further acknowledge and agree that OneLaunch shall not be liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content, or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
OneLaunch is not affiliated, sponsored or endorsed by affiliation with, sponsorship, or endorsement by Internet Explorer®, Firefox® and Chrome™.
8. THIRD-PARTY SOFTWARE APPLICATIONS AND EXTENSIONS
OneLaunch may advertise and recommend third-party software applications and software extensions to you for the purposes of enhancing your experience with the Software. These third-party applications and software extensions are intended to work with the Software to provide additional features and functionality. When using any third-party application or software extension(s) as identified and recommended through the Software and/or the Related Materials, or as advertised and recommended by OneLaunch, you will be bound to that third-party’s own terms and conditions and legal agreements. All third-party content, software product names, company names, and software extensions displayed in the Software, and the Related Materials are for identification purposes only and may be the copyright and trademark of their respective owners. OneLaunch is in no way affiliated with nor does OneLaunch represent or endorse any of the companies, products, and/or services identified and displayed in the Software and/or the Related Materials. Under no circumstance shall OneLaunch be liable for any losses (including data or profit loss, loss of business, or loss of use), damage, or any other consequences that may arise as a result of your use of any third-party software applications and software extensions. You assume all faults, and the entire risk as to performance and responsibility for selecting, installing, and using any third-party software applications and software extensions.
9. ALWAYS ON APPLICATION
OneLaunch is a desktop toolbar application and as such is intentionally always active on your computer system. If you need to disable the Software temporarily, click the OneLaunch icon in the notification area of the Windows taskbar and then click "Exit". If you would like to remove the Software from your system please use the Windows Control Panel "Programs and Features" function to uninstall. OneLaunch makes use of the Windows Task Scheduler to start the Software on system login and provide automatic updates. If you would like to disable this functionality, open "Settings" from the Software's main menu, click "Advanced" and then click "Manage startup and updates".
10. SILENT INSTALLATION
The Software's installer supports silent installation enabling the Software to be installed without user interaction.
11. ADMINISTRATOR PERMISSIONS
The Software's installer may prompt Windows User Account Control to request Administrator permissions on behalf of the Software. Administrator permissions are not required to install or use the Software. Administrator permissions may be used by the Software to enable or change secondary functionalities of the Software, including, but not limited to, the display of advertisements. If Administrator permissions are not granted to the Software's installer, installation may continue without enabling or changing secondary functionalities that require such permissions.
12. CHANGES TO TERMS
OneLaunch may make changes to these terms and conditions from time to time at its sole discretion. When these changes are made, OneLaunch will make any new terms and conditions available to you from within, or through, the Software or by other communication methods. You understand and agree that if you continue to use the Software after the date on which the Software terms and conditions have changed, such continued use of the Software shall be deemed as your acknowledgement and acceptance of the updated terms and conditions.
13. CONTACTING US
327 - 911 Yates St.
Victoria, BC V8V 4Y9