Welcome to Simple Link Network (the “Site”).
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS Simple Link Network END-USER LICENSE AGREEMENT (THE “EULA” OR “AGREEMENT”) BROUGHT TO YOU BY SIMPLE LINK NETWORK Simple Link Network BEFORE DOWNLOADING, INSTALLING, ENABLING, OR USING (COLLECTIVELY “USE” OR “IN USE” OR “USING”) ANY SOFTWARE AND/OR SERVICES AND/OR FEATURES PROVIDED BY Simple Link Network (COLLECTIVELY, THE “Simple Link Network SOFTWARE”). THE Simple Link Network SOFTWARE DOES NOT INCLUDE THIRD-PARTY SOFTWARE (AS DEFINED IN SECTION 2 BELOW) OR OPEN-SOURCE SOFTWARE (AS DEFINED IN SECTION 4 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN Simple Link Network AND YOU. THIS EULA, THE Simple Link Network PRIVACY POLICY AND THE CONTENT-SHARING TERMS OF SERVICE (AVAILABLE HERE), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE “EULA”), GOVERN YOUR ACCESS TO AND USE OF THE Simple Link Network SOFTWARE. On occasion, certain Simple Link Network Software may include additional terms or software requirements that specifically apply to it and will be presented with it. Upon your Use of such Simple Link Network Software, these additional terms will become part of your agreement with Simple Link Network in addition to the terms of this EULA. In the event of a contradiction between the terms in this Agreement and the Content-Sharing Terms of Service, the terms of this Agreement will prevail. In the event of a contradiction between this EULA and the Privacy Policy, the Privacy Policy will govern. Simple Link Network is willing to license the Simple Link Network Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the “Next” or “Agree & Install” button (or similar language provided by us) or by downloading, installing, or using the Simple Link Network 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 Simple Link Network is unwilling to license the Simple Link Network Software to you and you may not access or Use any of the Simple Link Network Software. Any Use of the Simple Link Network 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.
- 1. Modification. Simple Link Network 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 Simple Link Network materially modifies this EULA, it will post the updated EULA as part of a drop-down menu or notification from the Simple Link Network Software via a hyperlink or by other reasonable means to notify you of the changes. Simple Link Network will also amend the “Last updated” date at the end of this Agreement. By continuing to Use the Simple Link Network Software after Simple Link Network 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 Simple Link Network Software. This Agreement will also govern any software upgrades and/or updates provided by Simple Link Network that upgrade and/or supplement the Simple Link Network Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
- 2. The Simple Link Network Software and Third-Party Software.Simple Link Network offers a number of different types of Software as described below. If you have downloaded or otherwise Used any of the following Simple Link Network Software applications, the relevant section below will apply to you accordingly:
- 2.7 Simple Search is a Chrome™ , Firefox or Edge extension that offers you a convenient way of searching the web by changing your browser settings (startup page, home page, new tab, and default search) to Simple Search’s customized search experience.
- 2.9 For the avoidance of doubt, Search and any other feature or service provided by Simple Link Network is, and shall be, referred to in the EULA jointly and severally as the Simple Link Network Software.
- 3. License to Software and Use.
- 3.1 Conditioned upon your compliance with the terms and conditions of this EULA, Simple Link Network hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable, and Use the Simple Link Network Software on a single computer or device (whether mobile device or other), solely for your personal Use, provided that you Use the Simple Link Network Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Simple Link Network Software for backup purposes. Simple Link Network reserves all rights in the Simple Link Network Software not expressly granted to you in this EULA.
- 3.2 With respect to any Third-Party Software or Apps that may accompany or be embedded into any Simple Link Network Software, you acknowledge and agree that your use of such Third-Party Software or Apps shall also be subject to its respective usage and privacy terms.
- 3.3 Simple Link Network Software. As part of the installation process of the Simple Link Network Software (including the Simple Search browser extension), we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings and/or your mobile device settings and/or your social network account settings. By Using the Simple Link Network 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 Simple Link Network 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) and/or in your mobile device or from within your social network account. Such changes may include, without limitation, the following:
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- 3.3.1. Change of the default search engine in your Internet Browser, including your Browser’s built-in search box, if applicable, and address bar;
- 3.3.2 Change of the default home page and/or new tabs of your Internet Browser, and protect your search settings, if applicable;
- 3.3.3 Addition of alternative error page functionality, such as “Page Not Found”, if applicable;
- 3.3.4 Additional search-related services;
- 3.3.5 Allowing software updates of the Simple Link Network Software once a new version is released and the ability to send you notifications;
- 3.3.6 Allowing Simple Link Network access to location-based information (although if you Use the Simple Link Network Software on a mobile device, this permission should be requested separately as part of the installation of the Simple Link Network Software);
- 3.3.7 Allowing Simple Link Network access to information contained on your social network account and/or site (which you must explicitly and separately opt in to);
- 3.3.8 Allow first-party and third-party Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls or by uninstalling the Simple Link Network Software. To uninstall the Simple Link Network 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. License Restrictions.
- 4.1 Except as expressly specified in this EULA, you may not: (a) copy or modify the Simple Link Network Software; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Simple Link Network Software to any third party; or (c) Use the Simple Link Network 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 Simple Link Network Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Simple Link Network and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Simple Link Network Software provided in object code or any other Simple Link Network 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 Simple Link Network 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 Simple Link Network 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 Simple Link Network Software. This EULA does not apply to any Open-Source Software accompanying the Simple Link Network Software and Simple Link Network hereby disclaims any and all liability to you or any third party related thereto.
- 4.3 Simple Link Network 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. To review the Third-Party Components and their respective licenses, click here.
- 4.4 You may not Use the Simple Link Network Software in any manner that could: (i) damage, disable, overburden, or impair the Simple Link Network Software (or any server or networks connected to any Simple Link Network Software, or (ii) interfere with any third party’s use and/or enjoyment of the Simple Link Network Software (or any server or networks connected to the Simple Link Network Software).
- 5. Updates; Modifications; Additional Services; Tests.
- 5.1 The Simple Link Network Software may automatically download and install updates from Simple Link Network from time to time. In addition, Simple Link Network may automatically configure the Simple Link Network Software to perform certain functions required within the operation of the Simple Link Network Software. Simple Link Network Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the Simple Link Network 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 Simple Link Network 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 Simple Link Network Software, including Software Updates and/or material changes of this EULA, Simple Link Network will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and Using the Simple Link Network Software you agree to receive such Software Updates (and permit Simple Link Network to deliver these to you) as part of your Use of the Simple Link Network Software. If you do not agree to such changes, you may uninstall the Simple Link Network Software that resides on your computer, according to the guidelines set forth below.
- 5.2 The Simple Link Network 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 in Section 3.3 above). By Using Simple Link Network Software, 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 3.3 above and Section 6 below. Further, you agree that by Using the Simple Link Network Software you may periodically send technical data and related information to Simple Link Network to facilitate the provision of updates, product support, and other services to you, if any, related to the Simple Link Network Software. 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 Simple Link Network may conduct A/B testing and change the look and feel of the Simple Link Network Software or add additional features in order to improve your experience with the Simple Link Network Software.
- 5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser or operating system, certain Simple Link Network Software may become temporarily invisible, inoperative, or disabled, and part or all of its features may be inaccessible to you due to possible incompatibility of the applicable Simple Link Network Software.
- 5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Simple Link Network Software, is to uninstall the Simple Link Network Software.
- 6. Hide, Disable, Uninstall.
- 6.1 Hide. Part of the Simple Link Network Software (i.e. Toolbar) enables you to hide the user interface thereof on certain Browsers (e.g. Internet Explorer® and Firefox®) by right-clicking on the Browser and selecting “Hide” or closing the Simple Link Network Software user interface bar. You acknowledge and agree that in hide mode, all features, services and/or apps available through the Simple Link Network Software will remain enabled. You may choose to show the Simple Link Network Software by right-clicking on your Browser or through your Browser’s settings.
- 6.2 Disable. You can disable or enable the Simple Link Network Software through its user interface and/or your Browser’s Settings/Options/Tools button, as applicable. To disable or enable certain Apps within the Value Apps, click on the Value Apps user interface or the Extension’s user interface, or through your Browser’s Settings/Options/Tools button, as applicable, or through the programs menu on your operating system.
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6.3 Uninstall. You can easily uninstall the Simple Link Network Software by using the standard uninstall processes that are available as part of your operating system (for example, add/remove programs in Windows) or through your Browser’s Settings/Options/Tool button, as applicable. Specifically, for an explanation on how to uninstall the Toolbar from your Browser (IE, Firefox, Chrome or Edge) please go to the Toolbar’s menu –> uninstall. To uninstall Search Protect, please see instructions here. To uninstall Value Apps, please go to your Browser’s Settings/Options/Tool button. For example: from Firefox, click the Firefox button (or “Tools” menu) at the top of the Browser, select “Add-ons”, and then select “Extensions”. Find Value Apps and click the “Disable” or “Remove” button. To uninstall XSaver, please click the Windows Start Menu, then click Control Panel and then “Add and Remove Programs”. Choose XSaver and right-click to Uninstall. Below are examples for more comprehensive uninstall instructions:
- 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.
- 7. Proprietary Rights.
- 7.1 The Simple Link Network Software is licensed, not sold, to you. You acknowledge and understand that Simple Link Network owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Simple Link Network 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 Simple Link Network Software as delivered to you.
- 7.2 All rights in the Third-Party Software or Third-Party Apps, including all ownership rights, are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. Simple Link Network is not liable for your failure to comply with any applicable local, state, national, and foreign laws, treaties, and regulations or any contracts, rules, policies, or procedures applicable to your use of any Third-Party Software or Third-Party Apps.
- 8. Privacy and Legal Rights.
- 8.1 The Simple Link Network Privacy Policy (available at: http://info.Simple Link Network.com/privacy) contains information about Simple Link Network’s data protection policies and explains how Simple Link Network accesses, collects, uses, and/or shares information that is generated by your Use of the Simple Link Network Software. By downloading and Using any of the Simple Link Network Software, you consent to Simple Link Network’s use of your data in accordance with Simple Link Network’s Privacy Policy.
- 8.2 Simple Link Network 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. 8.3 Simple Link Network prohibits the violation of a user’s privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Simple Link Network, in its sole discretion, as part of its terms of service and user agreements. If you believe that your legal or privacy rights have been violated while Using a Third-Party Software, Simple Link Network encourages you to report such matters to Simple Link Network at your earliest convenience to:contact@simplelinknetwork.co. Simple Link Network will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Simple Link Network’s commitment to providing a positive user experience. 8.4 In the event that Simple Link Network 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.
- 9. Your Obligations.
- 9.1 You hereby acknowledge and agree to only Use the Simple Link Network Software as permitted in this EULA.
- 9.2 You agree to comply with all applicable laws, rules, and regulations when Using the Simple Link Network Software. You will not Use the Simple Link Network 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 Simple Link Network 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 Simple Link Network may suffer) of any such breach. Minors. To Use the Simple Link Network Software, you must be at least thirteen (13) 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 thirteen (13) are not using the Simple Link Network Software. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Simple Link Network Software, we will prohibit and block such a user from accessing the Simple Link Network Software, and will make all efforts to promptly delete any Personally Identifying Information (as this term is defined in the Simple Link Network Software Privacy Policy) with regard to such a user, as applicable. By downloading and using the Simple Link Network Software, you represent that you are at least thirteen (13) years of age.
- 10. No Obligation.
- Simple Link Network is not obligated to maintain or support the Simple Link Network Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Simple Link Network Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Simple Link Network Software at your own risk and that Simple Link Network shall not have any liability to you with respect to such content.
- 11. Disclaimer of Warranties.
- In addition to the limitations of Simple Link Network’s liability expressly contained in this Agreement, Simple Link Network further disclaims any warranty related to your Use of Simple Link Network Software. You acknowledge and agree that you assume all the responsibility and risk for your Use of the Software and the results and performance thereof and your use of any Third-Party Software. THE Simple Link Network SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. Simple Link Network DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Simple Link Network OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Simple Link Network DOES NOT REPRESENT OR WARRANT: (I) THAT THE Simple Link Network SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APP WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THAT THE OPERATION OF THE Simple Link Network SOFTWARE OR ANY THIRD-PARTY SOFTWARE WILL BE UNINTERRUPTED OR THAT THE DATA, SERVICES, OR FEATURES PROVIDED THEREFROM WILL BE ACCESSIBLE TO YOU; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE Simple Link Network SOFTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE Simple Link Network SOFTWARE OR ANY THIRD-PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION, AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE Simple Link Network GROUP (DEFINED BELOW) AND Simple Link Network’S THIRD-PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. Simple Link Network MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE Simple Link Network SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE Simple Link Network SOFTWARE OR THE THIRD-PARTY SOFTWARE OR APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Simple Link Network SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE Simple Link Network SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- 12. Limitation of Liability.
- IN NO EVENT WILL Simple Link Network, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS (COLLECTIVELY, THE “Simple Link Network GROUP”) AND Simple Link Network’S THIRD-PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF, OR IN CONNECTION WITH, THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE Simple Link Network SOFTWARE OR ANY THIRD-PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), AND WHETHER OR NOT THE Simple Link Network GROUP OR ITS THIRD-PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL Simple Link Network’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT, OF OR RELATED TO, THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE Simple Link Network SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- 13. Indemnification.
- To the maximum extent permitted by law, you agree to defend, indemnify, and hold the Simple Link Network Group harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including, but not limited to, reasonable attorney fees) arising from or incurred as a result of your Use of the Simple Link Network Software, including your downloading, installation, or Use of the Simple Link Network Software, or your violation of this EULA.
- 14. Term and Termination.
- Your license to Use the Simple Link Network Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time by discontinuing the Use of all or any of the Simple Link Network Software and by destroying all copies of the Simple Link Network Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at Simple Link Network’s request either promptly destroy or return to Simple Link Network all copies of the Simple Link Network Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
- 15. Miscellaneous.
- (a) This EULA and all the policies referenced herein constitute the entire agreement between Simple Link Network and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Simple Link Network. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of Israel, without regard to its conflict of laws provisions. All actions relating to this EULA and the Simple Link Network Software shall be brought to the competent court in the State of Israel. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that Simple Link Network will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Simple Link Network reserves the right, at our discretion, to update or revise this EULA. (f) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (g) You may not assign your rights under this EULA to any party without Simple Link Network’s consent. Simple Link Network may assign or transfer this Agreement or any rights or delegate any obligations of Simple Link Network hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Simple Link Network will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations. (h) If any provision of this EULA shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. (i) Nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Simple Link Network, and you do not have any authority to create any obligation or make any representation on Simple Link Network’s behalf.
- 16. Third-Party Beneficiaries.
- Please note that when accessing the Simple Link Network software you may also be subject to the terms of use of other third parties. You acknowledge that Third-Party application marketplaces (including but not limited to the Apple App Store℠, the Google Play™ marketplace, the Microsoft Windows Phone 7 Marketplace) may be Third-Party beneficiaries of this EULA and upon your acceptance of this EULA such stores or marketplaces may have the right to enforce this EULA against you as a Third-Party beneficiary. You further acknowledge and agree that such parties are not parties to this EULA other than as Third-Party beneficiaries and are not responsible for providing maintenance and support services with respect to the Software.
Software Questions, Comments, and Contact Information. If you have any questions, complaints and/or claims, you may contact Simple Link Network at: contact@simplelinknetwork.co
Last updated: Jan 13, 2022