IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND SIMPLE ADBLOCK (“SIMPLE-ADBLOCK.COM”) REGISTERED IN COPENHAGEN UNDER NO. 29587574 AND HAVING IT’S REGISTERED ADDRESS AT DR. ABILDGAARDS ALLE 3 ST TH, 1955 FREDERIKSBERG, DENMARK. USE OF THE SOFTWARE PROVIDED WITH THIS EULA (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. FREE and PRO.
You are granted the right to use the Free features of the Software without registration. To enable the Pro features, you have to obtain a License from Simple Adblock. You are expected to use the Free version of the Software on your system and to thoroughly evaluate its usefulness and functionality before upgrading to the Pro version. This “evaluation” approach is the ultimate guarantee that the Software will perform to your satisfaction.
2. LICENSE GRANT.
For Enterprise customers the Software is licensed on per user basis, not per computer, site or company. For example, if the Software is installed on one computer with five users, then an enterprise license for five users is needed. For Personal use the Software is licensed on per user basis and the software may be installed and used on a maximum of three of the users’ computers. “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. This license is not transferable to any other system, or to another organization or individual.
Should Simple Adblock detect that the Software is being used on more than the allowed number of users or computers, Simple Adblock reserves the right to issue a new License to the user and invalidate the original License or in the case of repeat breaches terminate this agreement and invalidate the user’s License.
The Software is owned and copyrighted by Simple Adblock. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. Simple Adblock may be freely distributed subject to, but not limited to the following terms:
a. The user may not sell or re-sell the Software;
b. The user must not distribute the Software as part of any commercial package;
c. The user must not use or distribute the Software in support of a commercial service;
d. The user must not use or distribute the Software to support any kind of profit generating activity, even if it is being distributed freely.
If the user would like to distribute the Software as part of a shareware distribution, magazine, Internet book, CD ROM, commercial use etc they will need to contact the Simple Adblock at email@example.com for written consent prior to distribution.
The Software and all rights, without limitation including proprietary rights therein, are owned by Simple Adblock or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Simple Adblock and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software
5. REVERSE ENGINEERING.
You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part exept for the LGPL components included.
6. SERVER COMMUNCATION.
Approximately once a day the Software will contact the Softwares server. It will verify if the Software is registered and if software updates are available. Filterlists, languagefiles and settingsfiles are downloaded automatically. If a new version of the Software is available the user will be asked if and upgrade is desired. The user hereby authorizes this transmission.
The Software does NOT send information about sites that you visit or any information about your browsing to any servers.
Simple Adblock does not warrant that the Software will be compatible with Your hardware or other software installed on Your computer system. Compatibility issues may cause Your computer’s performance to suffer. In the event that the Software is not compatible with Your hardware or other software installed on Your computer system, You should Uninstall the Software. Like all software, the Software utilizes some of Your computer’s resources to run, including system memory and Internet connection. Use of the Software on a computer with inadequate system resources will cause such computer’s performance to suffer.
Simple Adblock relies on thirdparty filterlists. The filterlists are not maintained by Simple Adblock. If the filters do not work as expected, the relevant online communities should be contacted to improve the filterlists. For more information please visit: http://simple-adblock.com/faq/adblock-filters/
The Software is provided to the user “AS IS” with no warranties for use or performance and Simple Adblock disclaims any warranty or liability obligations to the user of any kind, whether expressed or implied. Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in an agreement excluding or modifying application of or exercise of liability under such condition or warranty, the condition or warranty will be deemed to be included in this agreement. However, the liability of the Simple Adblock for any breach of such condition or warranty will be limited, at the option of Simple Adblock, to one or more of the following:
a. the repair of the software; or
b. refund of the original fee paid upon registration to Simple Adblock.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
Simple Adblock is not subject to, and the user releases Simple Adblock from any additional liability and indemnifies them against any claim, action, suit or proceeding (including but not limited to direct, indirect, consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because of the use of or inability to use the Software or the provision of or failure to provide support services, any delay in delivery or fault or defect in the Software even if Simple Adblock has been advised of the possibility of such damages. Simple Adblock ‘s entire liability under this agreement shall be limited to the amount paid by the user for the Software. The user further indemnifies Simple Adblock against any claim, action suit or proceedings brought by any web site provider or any copyright holder in respect of the operation of Simple Adblock by the user.
The user expressly acknowledges and agrees that it has not relied upon, and Simple Adblock is not liable for any advice given by Simple Adblock, its servants, agents, representatives or employees in relation to the suitability for any purpose of the Software.
11. THIRD- PARTY COPYRIGHT INFRINGEMENT.
Simple Adblock does not condone the violation of copyright and other laws. Simple Adblock requires all users to Use the Software in strict compliance with copyright and other laws. Simple Adblock does not, by the supply of the Software, authorize or encourage You to infringe the copyright or other rights of third parties.
12. YOUR INFORMATION.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
14. GENERAL PROVISION.
This is the entire agreement between you and Simple Adblock, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. Simple Adblock, on its sole discretion, may modify this EULA in writing at any time.
This agreement may be terminated by the user ceasing all use of the Software, destroying all copies then in the user’s possession or control and taking such other actions as Simple Adblock may reasonably request to ensure that no copies of the Software remain in the user’s possession or control under this agreement or by Simple Adblock giving the user written notice of termination if the user commits a breach of this agreement and fails to cure such breach within 10 days after such notice from Simple Adblock or in the event that there is a credit card chargeback or other refund. Upon Simple Adblock’s termination of this agreement, the user must cease all use of the Software, destroy all copies then in the user’s possession or control and take such other actions as Simple Adblock may reasonably request to ensure that no copies of the Software remain in the user’s possession or control.
16. CHANGES IN EULA.
Simple Adblock reserves the right to update the EULA from time to time. Since your use of the Software is anonymous, we cannot inform you about this personally. The most current version of the EULA can be reviewed by clicking on the “Terms” hypertext link located at the bottom of our Web pages.
17. GOVERNING LAW.
This Agreement shall be governed exclusively by and be construed in accordance with the laws of Denmark, without giving effect to conflict of laws. Any dispute with respect to this Agreement or in connection with the performance or termination thereof will be brought before the applicable courts in Copenhagen, Denmark, exclusively.