RadiosDesk 1.0.3

EULA - End User License Agreement

Terms of Use RADIOS DESK End-User License Agreement
Updated as of January 1, 2016

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS RADIOS DESK END-USER LICENSE AGREEMENT (THE "EULA" OR ?AGREEMENT?) BEFORE DOWNLOADING, INSTALLING, ENABLING, OR USING (COLLECTIVELY ?USE? OR ?IN USE? OR ?USING?) ANY SOFTWARE AND/OR SERVICES AND/OR FEATURES PROVIDED BY RADIOS DESK (COLLECTIVELY, THE " RADIOS DESK "). RADIOS DESK IS A SERVICE OF RADIOS DESK . THIS IS A LEGAL AGREEMENT BETWEEN RADIOS DESK AND YOU. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION. THIS EULA AND THE RADIOS DESK PRIVACY POLICY, ALL OF WHICH IS INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE ?EULA?), GOVERN YOUR ACCESS TO AND USE OF THE RADIOS DESK SOFTWARE. In the event of a contradiction between this EULA and the Privacy Policy, the Privacy Policy will govern. RADIOS DESK is willing to license the RADIOS DESK Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" or ?Accept? button (or similar language provided by us) or by downloading, installing, or using the RADIOS DESK Software, you acknowledge and agree that you have read and understood this EULA and accept all of its terms. We recommend that you print or save a local copy of this EULA for your records. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then RADIOS DESK is unwilling to license the RADIOS DESK Software to you and you may not access or Use any of the RADIOS DESK Software. Any Use of the RADIOS DESK Software by you under these circumstances will be considered a violation of intellectual property laws and may subject you to civil and/or criminal penalties.

Modification.
RADIOS DESK reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If RADIOS DESK materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the RADIOS DESK via a hyperlink or by other reasonable means to notify you of the changes. RADIOS DESK will also amend the " Updated as of? date at the top of this Agreement. By continuing to Use the RADIOS DESK Software after RADIOS DESK has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the RADIOS DESK Software. This Agreement will also govern any software upgrades and/or updates provided by RADIOS DESK that upgrade and/or supplement the RADIOS DESK , unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
The RADIOS DESK Software.
RADIOS DESK is a free desktop application that offers you direct links to websites from your new preferred homepage and saves your new preferred home page and/or new tab page. When we set your Browser's settings using RADIOS DESK , they will be saved automatically on Chrome?, Firefox®, and Internet Explorer®. As part of the installation process of the RADIOS DESK Software, we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings. By Downloading or Using the RADIOS DESK Software, you agree that you have approved such changes and you understand that you can reconfigure such settings at any time from the "Options Menu" available in the RADIOS DESK Software (to the extent that there is such a menu), in the Settings options of your Internet Browser (for example, for web-search related changes). Such changes may include, without limitation, the following:
1. Change of the default search engine in your Internet Browser, including your Browser's built-in search box, if applicable, and address bar;
2. Change of the default home page and/or new tabs of your Internet Browser;
3. Addition of alternative error page functionality, such as ?Page Not Found?, if applicable;
4. Additional search-related services;
5. Allowing software updates of the RADIOS DESK Software once a new version is released and the ability to send you notifications;
6. Allow first-party publisher or Partner Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls.
To uninstall the RADIOS DESK Software, you may use the standard uninstall procedures offered by your device's Operating System or your Internet Browser, as applicable. The list below may assist you in choosing the most applicable option for your operating system and/or Browser.
1. To uninstall software applications in Windows, click Start > Control Panel > Add / Remove Programs, and then choose the software you want to uninstall.
2. You can also uninstall software applications in Windows by going to Start Menu > Computer> C Drive > Program Files or Program Files (x86) > [program name] > Right-click > Delete.
3. To uninstall Internet Explorer Add-ons (Windows), click the settings icon on Internet Explorer > Manage add-ons > Toolbars and Extensions, and then choose the extension you would like to uninstall.
4. To uninstall Firefox extensions (Windows or Mac OSX), click Tools on Firefox > Add-ons> Extensions, and then choose the extension you would like to uninstall.
5. To uninstall Chrome extensions (Windows or Mac OSX), click the Chrome menu (or wrench icon)> Settings > Extensions, and then choose the Extension you would like to uninstall.
6. To uninstall Safari extensions (Windows or Mac OSX), click the Safari Settings menu or File> Preferences > Extensions, and then choose the extension you would like to uninstall. To uninstall the Toolbar from your mobile device, please refer to your mobile device instruction manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the Toolbar you wish to delete until it shakes, you will get an ?x? in the corner of the Toolbar icon and you can tap the ?x? to delete the software. Please note that the Toolbar may include one or more executable files, therefore if you wish to uninstall one or more Toolbar files, please make sure to look for the specific Toolbar name on your computer or mobile device.
License to Software and Use.
3.1 Conditioned upon your compliance with the terms and conditions of this EULA, RADIOS DESK hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable, and Use the RADIOS DESK Software on a single computer or device (whether mobile device or other), solely for your personal Use, provided that you Use the RADIOS DESK Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the RADIOS DESK Software for backup purposes. RADIOS DESK reserves all rights in the RADIOS DESK Software not expressly granted to you in this EULA.
License Restrictions.
4.1 Except as expressly specified in this EULA, you may not:
(a) copy or modify the RADIOS DESK Software;
(b) transfer, sublicense, lease, lend, rent, or otherwise distribute the RADIOS DESK Software to any third party; or
(c) Use the RADIOS DESK Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the RADIOS DESK Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of RADIOS DESKand its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the RADIOS DESK Software provided in object code or any other RADIOS DESK products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
4.2 Any Open-Source Software that may be accompanying the RADIOS DESK Software is provided to you under the terms of the open-source license agreement or copyright notice accompanying such Open-Source Software or in the open-source licenses file accompanying the Software. As used herein "Open-Source Software" means Open-Source software components provided with the RADIOS DESK Software that are licensed to you under the terms of the applicable license agreements included with such open-source software components or other materials for the RADIOS DESK Software. This EULA does not apply to any Open-Source Software accompanying the RADIOS DESK Software and RADIOS DESK hereby disclaims any and all liability to you or any third party related thereto.
4.3 RADIOS DESK Software may contain certain Third-Party components embedded therein (?Third-Party Components?). Such Third-Party Components are owned by their respective owners. You acknowledge and agree that the Third-Party Components are a proprietary product of their respective owners and licensors. You further acknowledge and agree that any and all right, title, and interest in and to the Third-Party Components, including associated intellectual property rights, are and shall remain the sole and exclusive property of their respective owners and licensors. This Agreement does not convey to you an interest in or to the Third-Party Components, but only a limited right of use, revocable in accordance with the terms of this Agreement. You may not remove or modify any markings or proprietary rights notices that appear on the Third-Party Components.
4.4 You may not Use the RADIOS DESK Software in any manner that could:
(i) damage, disable, overburden, or impair RADIOS DESK Software (or any server or networks connected to any RADIOS DESK Software, or
(ii) interfere with any third party's use and/or enjoyment of the RADIOS DESK Software (or any server or networks connected to the RADIOS DESK Software).
Updates; Modifications; Additional Services; Tests.
5.1 The RADIOS DESK Software may automatically download and install updates from RADIOS DESK from time to time. In addition, RADIOS DESK may automatically configure the RADIOS DESK Software to perform certain functions required within the operation of the RADIOS DESK Software. RADIOS DESK Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the RADIOS DESK Software. Download and install updates and/or configurations, collectively, will be referred herein as ?Software Updates?. Software Updates are designed to improve, enhance, and/or further develop the RADIOS DESK Software and may take the form of bug fixes, enhanced functions, new software modules, configuration changes, or completely new versions. You acknowledge and agree that Software Updates may affect the settings and/or your user experience of the third-party software, including without limitation, your Internet Browser?s settings and/or your user experience. Prior to the implementation of a material change in certain RADIO DESK, including Software Updates and/or material changes of this EULA will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and Using the RADIOS DESK you agree to receive such Software Updates (and permit RADIOS DESK to deliver these to you) as part of your Use of the RADIOS DESK. If you do not agree to such changes, you may uninstall the RADIOS DESK that resides on your computer, according to the guidelines set forth below.
5.2 The RADIOS DESK Software is constantly being improved and upgraded as part of our efforts to provide you with the full value of the product. To enable continuous Usage and full functionality of the Software, we may need to adjust the operation of your Browser, including reconfiguring your Browser's settings (as further described above). By Using RADIO DESK, you hereby acknowledge and agree to all such modifications. For further information regarding manual reconfiguration of Browser settings or uninstall instructions, please refer to Section 2 above and Section 6 below. Further, you agree that by Using the RADIOS DESK you may periodically send technical data and related information RADIOS DESK to facilitate the provision of updates, product support, and other services to you, if any, related to the RADIO DESK. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or Internet Browser and/or system. Additionally, you agree that RADIOS DESK may conduct A/B testing and change the look and feel of the RADIOS DESK Software or add additional features in order to improve your experience with the RADIO DESK. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on our homepage, http://www.radiosdesk.com and on the webpage where this Agreement is posted, http://www.radiosdesk.com/terms.html.
5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain RADIOS DESK will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the RADIOS DESK Software, is to uninstall the RADIOS DESK Software.
Omitted.
Proprietary Rights.
7.1 The RADIOS DESK Software is licensed, not sold, to you. You acknowledge and understand that RADIOS DESK owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The RADIOS DESK Software is protected by United States (and other countries?) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the RADIOS DESK Software as delivered to you.
Privacy and Legal Rights.
8.1 The RADIOS DESK Privacy Policy contains information about RADIOS DESK data protection policies and explains how RADIOS DESK accesses, collects, uses, and/or shares information that is generated by your Use of the RADIOS DESK Software. By downloading and Using any of the RADIOS DESK , you consent to RADIOS DESK ?s use of your data in accordance with RADIOS DESK 's Privacy Policy.
8.2 RADIOS DESK collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services. RADIOS DESK also also collects information about changes made your browser home page.
8.3 RADIOS DESK prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by RADIOS DESK , in its sole discretion, as part of its terms of service and user agreements.
8.4 In the event that RADIOS DESK goes through a business transition such as a merger, acquisition by another company, consolidation, change of control, reorganization, bankruptcy, or sale or transfer of all or a portion of its assets, your information will be among the assets transferred.
Your Obligations.
9.1 You hereby acknowledge and agree to only Use the RADIOS DESK Software as permitted in this EULA.
9.2 You agree to comply with all applicable laws, rules, and regulations when using the RADIOS DESK Software. You will not Use the RADIOS DESK Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
9.3 You agree that you are solely responsible for (and that RADIOS DESK has no responsibility to you or to any third party) your Use of any Third Party Software or App, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which RADIOS DESK may suffer) of any such breach. Minors. To Use the RADIOS DESK Software, you must be at least eighteen (18) years of age. We reserve the right to request proof of age at any stage, so that we can verify that minors under the age of eighteen (18) are not using the RADIOS DESK Software. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the RADIOS DESK , we will prohibit and block such a user from accessing the RADIOS DESK Software, and will make all efforts to promptly delete any Personally Identifying Information (as this term is defined in the RADIOS DESK Privacy Policy) with regard to such a user, as applicable. By downloading and using the RADIOS DESK Software, you represent that you are at least eighteen (18) years of age.
No Obligation.
RADIOS DESK is not obligated to maintain or support the RADIOS DESK Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the RADIOS DESK Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the RADIOS DESK Software at your own risk and that RADIOS DESK shall not have any liability to you with respect to such content.
Omitted.
Export Laws.
12.1 You agree to comply fully with all U.S. export laws and regulations to ensure that neither the RADIOS DESK 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. Furthermore, you agree that you will not export nor re-export the RADIOS DESK Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
12.2 By downloading and using the RADIOS DESK Software, you further represent and warrant that:
(a) you are not a citizen, national, or resident of, are under control of the government of, or located in a country that is, subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and
(b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the RADIOS DESK Software nor any technical data related thereto nor any direct product thereof, directly or indirectly, to persons on the above-mentioned lists. You will not Use the RADIOS DESK Software for, and will not allow the RADIOS DESK Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.
Disclaimer of Warranties.
In addition to the limitations of RADIOS DESK ?s liability expressly contained in this Agreement, RADIO