End User License Agreement

[Last updated February 10, 2013]

 

This End user license agreement ("Agreement") constitutes the full and final agreements with regards to your use of the FoxTab Software.

We are glad that you chose to participate in our activities and to be a part of the FoxTab community. Please take the time to fully read these terms as they constitute a binding agreement between FoxTab and yourself with regard to your use of the FoxTab software and related services (the "Agreement", "Software" and "Services", correspondingly).

We, at FoxTab acknowledge that reading legal documents may be quite exhausting, and have set up this preamble and summary, which are here solely for your convenience. Please take into attention that this is just a summary of the rights and responsibilities, and that you need to read this full agreement.

First of all, The Software and Services are provided to you in order to enhance your web browsing ability, where some of the elements may add features to your browser and others may change existing features.

In order to provide you with the Software and Services, FoxTab may change some of your system's preferences, such as homepage, new tab page, add toolbars or change your default search engine. Please note that such changes may be reverted at any time, and if you are not satisfied with FoxTab' software, please inform us at support@foxtab.com, and we shall assist you in such reverting.

We are committed to comply with the Downloadable Software Guidelines which incorporates industry ethical standards for such Software and Services.

Second, while using the FoxTab Software and Services you may be presented to 3rd parties' content, such as: information, stock quotes, images, price comparison for product, shopping recommendations and other information. Therefore, FoxTab is not responsible for the content of such services.

Third, while using the Software and Services, FoxTab may collect some non-personally identifiable information and stores a cookie on your computer. For more information please see our privacy policy: www.foxtab.com/privacy.

Forth, FoxTab may introduce You, in the toolbar or in your browsing experience, with the software and services of affiliated 3rd Parties and enable you to enhance your browsing experience and/ or search and/ or online shopping experience with these software and services. In any case, these 3rd Parties are required by FoxTab to be clearly marked as 3rd party software and services and to provide you with the accurate information about the provider or such software and service, the functionalities of the software or service and the associated terms of service and privacy policy and to enable you to fully disable these software and services.

Lastly, no matter what, FoxTab shall never, but never, be liable for any damage caused by your using of the Software and/or Services, clicking 3rd party links or any other activity made by using our Software and/or Services.

 

And now for the legal part:

 

  1. The Services: FoxTab develops and offers you the downloadable Software and relates Services as detailed below, which are all governed by this Agreement. The software and services provided to you may include some or all of the following Software and/or Services:

    1. New Tab: FoxTab’s New Tab adds a new tab screen to your browser that includes your favorite websites, 3rd party content (such as your favorite RSS feeds, information or stock quotes) and other information you provided to FoxTab. You may customize your New Tab page, add specific widgets or pages and other 3rd party content.

    2. Tab Flipper: You may easily flip between opened tabs using mouse or keyboard gestures.

    3. Toolbar: FoxTab's toolbar allows you to retrieve 3rd party content, such as radio stations, games, stock quotes and other information, as well as perform search queries and launch your social network's chat. The Toolbar may contain plugins from 3rd party software vendors who have separate licenses and agreements.

    4. Search Enhancements: You may add specific search services, where such services will be provided to you directly from those 3rd parties. Some of the search enhancements may be automated or sponsored.

    5. Read It Later: Some of the FoxTab software allows you to tag specific web pages for reading later.

  2. Changes to your preferences and system: When installing the Software, the following changes may occur in your system, where you can opt-out from any of these changes upon Installation. Please be advised that the changes may be applicable to some but not all operating systems and/or browsers, given their technical specifications:

    1. New Tab Page: FoxTab may change your new tab page on any of your browsers to add the FoxTab new tab application or page. The new tab application or page uses some of your original preferences and access your last visited pages, bookmarks, most viewed pages and installed browser apps. Please note that none of this information is retained by FoxTab on its servers.

    2. Changes In Default Search: FoxTab may change your default search engine to add FoxTab's (or any of FoxTab's affiliates) search engine; FoxTab's search engine is provided free of charge, and provides you with great search results.

    3. Changes to your homepage: FoxTab may change your homepage in any of your browsers to allow the FoxTab' homepage application to provide you with better services.

    4. Installing Browser Add-ons: In order to provide you with the services, FoxTab may install browser add-ons, plugins or widgets to any and all of your browsers. FoxTab may also introduce to You 3rd parties Add-ons which you may choose to install. The 3rd parties Add-on have their associated terms of service and privacy policy.

    5. On-Screen Services - FoxTab may introduce on-screen Services to enrich your browsing experience and navigation. These services may include price comparison, shopping recommendation and browsing recommendations. These service may be provided by 3rd parties and will be clearly marked as such.

In addition the following components/processes may occur on your system:

    1. Installing a Desktop Icon: In order to provide you with access to the services, FoxTab may set desktop icons on your wallpaper.

    2. Preventing Unauthorized Use: In order to protect you from potentially unwanted software, FoxTab may track and monitor whether other applications have tried to change your homepage, new tab page or default search engines and notifies you when such changes occur. Furthermore, FoxTab may track undesirable software which might try to prevent you from changing your homepage, new tab or default search engine, a change to which you consent and choose to conduct. In such event FoxTab may perform the required technical modifications to comply with your choice.

    3. Disabling Some Features: In order to allow some of the Services to operate, FoxTab may disable some features of your system, such as your most visited pages in your Chrome browser.

    4. Updater: In order to provide you with the most up-to-date version of the Software and/or Services, we may update the Software and/or Services once a new version is released and send you relevant notifications.

  1. 3rd Party Content: The content provided to you in the course of using the materials and services may include 3rd parties' software and/or services ("3rd Party Content") and FoxTab does not warrant for its quality or authenticity. FoxTab is not, and shall never be, liable for any damage that might occur when using and/or relying on 3rd Party Content and does not warrant that they will be available or accurate. In any case that you refer to 3rd party software or service, you must check their terms of service and privacy policy which covers the software and/or service and choose whether you want to continue using this software or service or to disable and/or uninstall the software or service.

  2. Licenses: Apart where specifically licensed to you, you are prohibited from using, distributing, publishing, making derivative works, changing, reverse engineering, decompiling or otherwise manipulating the Software and/or any of the Services. FoxTab hereby licenses you a limited, non-exclusive, non-assignable, non-transferrable, revocable, temporary, personal license to use the Software and/or Services and any future programming fixes, updates and upgrades provided to you on your computer.

You understand that FoxTab, in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the FoxTab Software at any time, and may at any time suspend or terminate any license hereunder and disable any FoxTab Software you may already have accessed or installed without prior notice. FoxTab reserves the right to add additional features or functions to the FoxTab Software. When installed on your computer, the FoxTab Software periodically communicates with FoxTab servers. We may require the updating of the Software on your computer when releasing a new version, or when making new features available. This update may transpire automatically or through other means. You understand that we may need your review and acceptance of our then-current end user license agreement/terms of service and privacy policy before you will be allowed a limited license for any later versions of the Software. You acknowledge and agree that FoxTab has no obligation to make available to you any subsequent versions of its software applications.

  1. Revert and Uninstall: Should you decide to uninstall the software and services you should follow these Uninstall Instruction. FoxTab retains the information regarding your homepage, newtab and default search engines, as configured prior to the installation of Software and/or Service ("Original System Preferences") so in the event you choose to uninstall the Software and Services, the Original System Preferences may be reverted. In any case that you are using 3rd Party software and/or service please refer to the associated terms of service and privacy policy to learn how to disable and/or uninstall the 3rd party software of service or to continue using it after uninstalling FoxTab. In any case that you experience difficulty in uninstalling FoxTab Software and Service or any 3rd party software or service, you may contact us at support@foxtab.com and we would help you complete the uninstall process.

  2. Warranty and Liability:
    1. No Warranty: FoxTab does not warrant for the Software and Services and supplies them on an “as-is” and “as-available” basis. Your use of Software and/or Services is at your own risk and under your liability. FoxTab makes no warranty that (i) the Software and/or Services will meet your requirements, including providing you with any relevant information or reaching a relevant audience and (ii) the Software and/or Services will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the Software and/or Services will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Software and/or Services will meet your expectations, or (v) any errors in the Software and/or Services will be corrected.

    2. No Liability: For no case and for no reason shall FoxTab be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any user or any 3rd party due to its mis-performance of duties herein. FoxTab provides the Software and Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, user Account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use the Software and/or Services.

  3. Amendments: FoxTab may amend, from time to time, this Agreement and/or Privacy Policy and may, or may not, notify you as these amendments are made. Should you decide that any amendment in this Agreement or in the Privacy Policy does not constitute as your understanding with FoxTab, you may, at your own will, terminate this Agreement and your use of the FoxTab Software and terminate your user Account (if applicable). In no case will this Agreement have any retroactive changes nor would they apply to your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in this Agreement and/or Privacy Policy. Please be advised that 3rd parties may also change their terms of service and/ or privacy policy and you should refer to their updates version to decide whether to continue using their software or service.

  4. Termination: FoxTab may, at its sole discretion, terminate this Agreement, or any other service rendered by it due to any reason, for any user, including you, or with no reason at all or for any reason, including, without limitation, for lack of use or if FoxTab believes that you have violated or acted inconsistently with the understandings or spirit of the Agreement. FoxTab may also, in its sole discretion, and at any time discontinue providing the Software and/or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Software and/or Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that FoxTab may immediately deactivate or delete your account and all related information and files in your account (if applicable) and/or bar any further access to such files or the Software and/or Service. Furthermore, you agree that FoxTab shall not be liable to you or any 3rd party for any termination of your access to the Software and/or Services.

  5. 3rd Party Advertisements and Links: FoxTab may, at its own discretion and for its causes, include within the Software and/or Services any links for 3rd party websites, advertisements or links for applications. FoxTab does not warrant for 3rd Party Content or availability thereof nor does it endorse it. FoxTab shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality. FoxTab is not affiliated with any 3rd party who provides information and/or content through the Software and/or Services and does not warrant for its quality or accuracy. By installing the Funmoods Software or Service you agree to be presented with the 3rd parties advertisements, coupons, commercial offerings and price comparison banners.

  6. Entire Agreement, Waiver: This Agreement and Privacy Policy constitute the entire understandings between parties and will only be amended from time to time. No waiver to perform any FoxTab's rights under this agreement shall constitute amendments of it.

  7. Governing Laws, Jurisdiction, No Class Action: These Terms shall be solely governed by the laws of the state of New York, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the New York city. You undertake not to initiate any class action, for any reason, against FoxTab and to claim your damages only according to this agreement.