Terms and Conditions US

ACORN – SOFTWARE EULA AND PRIVACY TERMS

These license terms are an agreement between Cliffrun Media Ltd.  (or based on where you live, one of its affiliates) and you. Please read them. They apply to the ACORN software on this device, which includes the media on which you received it, if any. The terms also apply to any Cliffrun Media Ltd. subsequent version of the software (including any updates or supplements) updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you don’t accept them, do not use the software.

As described below, installation or use of the software also operates as your consent to the transmission of certain standard computer information during validation, automatic download and installation of certain updates, and for Internet-based services.

If you comply with these license terms, you have the rights below.

1 INSTALLATION AND USE RIGHTS. 

Home or Business Use. If you are a home user, then you use the software only on the device on which it is preinstalled.  

Restrictions. The software may not be removed from the device upon which you received the software nor may it be installed on another device without the consent of Cliffrun Media Ltd. You may not make a backup copy of the software. You may not uninstall the software nor install it on another device for your use. You may not do so to share this license between devices.

Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.

Included Cliffrun Media Ltd.  Programs. The software may contain other Cliffrun Media Ltd.  programs. The license terms with those programs apply to your use of them.

2 INTERNET-BASED SERVICES. 

Cliffrun Media Ltd.  provides Internet-based services with the software. It may change or cancel them at any time.

Consent for Internet-Based Services. The software features described below and in the Cliffrun Media Ltd.  Security Essentials Privacy Statement connect to Cliffrun Media Ltd.  or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of this information. Cliffrun Media Ltd.  does not use the information to identify or contact you.

1. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Cliffrun Media Ltd.  uses this information to make the Internet-based services available to you.

Updates. By default, the software will automatically download definition updates. For more information, see the Privacy statement below.  

Error Reports. This software automatically sends error reports to Cliffrun Media Ltd.  that describe which software components had errors. No files or memory dumps will be sent unless you choose to send them. 

ACORN Update; Cliffrun Media Ltd.  Update. The software turns on automatic updating from Windows Update and Cliffrun Media Ltd.  Update. To enable the proper functioning of the Windows Update and Cliffrun Media Ltd.  Update service in the software, updates or downloads to the Windows Update and/or Cliffrun Media Ltd.  Update service will be required from time to time and downloaded and installed without further notice to you.

2. Use of Information. We may use the computer information, error reports and customer experience information to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Cliffrun Media Ltd.  software.

3 SCOPE OF LICENSE.

The software is licensed, not sold. This agreement only gives you some rights to use the software. Cliffrun Media Ltd.  reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

work around any technical limitations in the software;

reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

  • publish the software for others to copy;
  • rent, lease or lend the software;
  • transfer the software or this agreement to any third party; or
  • use the software for commercial software hosting services.

4 DOCUMENTATION. 

Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

5 EXPORT RESTRICTIONS. 

The software is subject to Irish and United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

6 SUPPORT SERVICES.

Because this software is “as is,” we may not provide support services for it unless provided separately.

7 ENTIRE AGREEMENT. 

This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

8 APPLICABLE LAW.

United States. If you acquired the software in the United States, Delaware state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

9 NO ACCESS TO EMERGENCY SERVICES.

There are important differences between our Services and your mobile application and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.

10 LEGAL EFFECT. 

This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement doesn’t change your rights under the laws of your country if the laws of your country don’t permit it to do so.

11 DISCLAIMER OF WARRANTY. 

The software is licensed “as-is.” You bear the risk of using it. Cliffrun Media Ltd.  gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Cliffrun Media Ltd.  excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA ONLY: You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.

12 LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.

You can recover from Cliffrun Media Ltd.  and its suppliers only direct damages up to U.S. $5.00. You can’t recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to 

anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Cliffrun Media Ltd.  knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

13 Changes.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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