PLEASE READ THIS AGREEMENT AND UNDERSTAND THAT YOU INDICATE YOUR ACCEPTANCE BY CLICKING THE "I AGREE" BUTTON OR "I AGREE" HYPERTEXT LINK ON THE AdBlaster INSTALL PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. YOU MAY NOT PURCHASE THE AdBlaster AD BLOCKER UNLESS YOU ACCEPT THE TERMS OF THIS LICENSE.
This AdBlaster End User License Agreement (the “License Agreement”) is between you, the End User ("End User") and AdZero Interactive LLC, d/b/a AdBlaster ("AdBlaster"). AdBlaster agrees to provide End User with browser extension software that assists with the removal of advertisements and tracking technologies from websites End User visits with the AdBlaster extension product ("AdBlaster Extension"). End user has a limited number of days to use the AdBlaster Extension free of charge as specified in the free trial offer located on the sign-up page. After the trial period, all licenses granted herein shall terminate until such time End User agrees to pay the Fees to AdBlaster according to the terms of this Agreement.
1.1 "AdBlaster Web Site" means the website located at www.adblaster.org.
1.2 "AdBlaster Registration Form" means the web form that shall be displayed to End User's after End User accepts this Agreement.
1.3 "AdBlaster Download Landing Page" means the webpage that will be downloaded to End User's computer after the End User has properly submitted the required information on the AdBlaster Registration Form to AdBlaster. The AdBlaster Download Landing Page shall grant End User the ability to download the AdBlaster Extension using the file transfer protocol.
1.4 "AdBlaster Extension" means the AdBlaster browser extension located on the AdBlaster Download Landing Page, which includes the full AdBlaster Extension, and a copy of this License.
1.5 "Acceptance" means that the End User has accepted the terms of this Agreement and has manifested said acceptance by clicking on the "I Agree" button or "I Agree" hypertext link at the bottom of this Agreement.
1.6 "Fees" are the payments enumerated in this Agreement and which End User agrees to pay to AdBlaster for the AdBlaster Extension.
- AdBlaster's Duties.
2.1 Privacy of End User's Information. AdBlaster shall not disclose to third parties any personal information which End User forwards to AdBlaster through the AdBlaster Registration Form. The information which the End User forwards to AdBlaster through the the AdBlaster Registration Form shall be used solely by AdBlaster for the purposes of billing, and for notifying End User of any future information pertaining to the AdBlaster Extension, such as upgrade information.
2.2 Provision of AdBlaster Extension. AdBlaster shall allow End User to access the AdBlaster Download Landing Page after the End User has (1) indicated Acceptance of this Agreement, and (2) has properly filled out all information on the AdBlaster Registration Form. AdBlaster shall allow End User to download the AdBlaster Extension from the AdBlaster Download Landing Page after the End User has accessed the AdBlaster Download Landing Page.
- End User's Duties.
3.1 Payment. End User agrees to pay AdBlaster the Fees after the specified number of days set forth in the free trial period has elapsed.
3.2 AdBlaster Registration Form. End User shall enter and forward to AdBlaster truthful and factually accurate information on the AdBlaster Registration Form. End User shall provide credit card information on the AdBlaster Registration Form which AdBlaster shall use according to and in the amount of the Fees.
3.3 Intellectual Property Ownership. End User recognizes that the AdBlaster name is a trademark of AdZero Interactive LLC. End User further recognizes that the AdBlaster Extension is AdBlaster's copyrighted intellectual property. However, the uBlock software accessed by and provided with the AdBlaster Extension is free software available under the GNU General Public License (GPL) v3.0. as set forth at https://github.com/gorhill/uBlock/blob/master/LICENSE.txt.
- License. AdBlaster GRANTS TO END USER A NON-EXCLUSIVE LICENSE TO USE THE AdBlaster EXTENSION AS PROVIDED IN THIS LICENSE. THE AdBlaster EXTENSION IS LICENSED BY AdBlaster TO END USER FOR END USER'S USE ONLY ACCORDING TO THE TERMS OF THIS AGREEMENT.
4.1 Use of AdBlaster Extension. End User may install and use the AdBlaster Extension on no more than two (2) computers at a time for monthly subscriptions or no more than five (5) computers at a time for yearly subscriptions.
4.2 Term of License. This License Agreement is effective (a) for the specified number of days set forth in the free trial period, after which End User may opt to extend the Agreement with a subscription plan offered by AdBlaster, and (b) the term of the subscription plan(s), which shall automatically renew until terminated as set forth herein (the “Term”). End User may terminate this License Agreement by permanently deleting the AdBlaster Extension, and by written notice to AdBlaster, any time and with or without cause. Upon expiration or termination of this Agreement, End User shall be obligated to pay all fees that have become due before such expiration or termination, and no expiration or termination by either Party shall entitle End User to a refund.
4.3 uBlock and GPL. The AdBlaster Extension accesses uBlock software which is provided under GNU General Public License (GPL) v3.0. The uBlock software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Your license to use the uBlock software is governed by the GPL 3.0 as set forth at https://github.com/gorhill/uBlock/blob/master/LICENSE.txt. The uBlock software source code may be downloaded from https://github.com/gorhill/uBlock.
4.4 Restrictions. End User shall not, directly or indirectly (1) lease the AdBlaster Extension, (2) modify, reverse engineer, decompile, disassemble or create derivative works from the AdBlaster Extension (3) use the AdBlaster Extension to violate any applicable law, rule, or regulation; (4) distribute or make the AdBlaster Extension available for download; or (5) use the AdBlaster Extension to develop any competing software or service, or any other purpose that results in commercial competition with AdBlaster.
4.5 Severability. If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.
- Copyright. The AdBlaster Extension is copyrighted material owned by AdBlaster and is protected by United States copyright law and by international treaties. End User agrees that AdBlaster owns and holds title to the AdBlaster Extension and all subsequent copies thereof regardless of the form or media, and that all title, ownership rights, and intellectual property rights in the AdBlaster Extension shall remain with AdBlaster. End User may not copy or otherwise reproduce any part of the AdBlaster Extension except as specified in Paragraph 4.1. The AdBlaster Extension accesses uBlock software which is free software that you can distribute and/or modify under the terms of the GNU General Public License v3.0 set forth at https://github.com/gorhill/uBlock/blob/master/LICENSE.txt. The uBlock software source code may be downloaded from https://github.com/gorhill/uBlock.
- Fees. After the specified number of days set forth in the free trial period page have elapsed, End User agrees to pay, on a recurring basis, all fees charged by AdBlaster, as further detailed on the sign-up form on the AdBlaster website based on the plan you select, to AdBlaster by entering proper credit card information on the AdBlaster Registration Form.
- AdBlaster Registration Form. The AdBlaster Information Page shall require End User to enter End User's full name, address, phone number, and credit card information. The AdBlaster Information Page shall also ask End User to provide voluntary information which AdBlaster shall use only according to the terms of Paragraph 2.1.
- Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. The parties consent to arbitration exclusively in Los Angeles, California for all actions arising out of or related to this Agreement. The parties hereby agree to waive their right to a jury trial.
- Arbitration. Any dispute arising out of or related to this Agreement shall be resolved by arbitration before a single arbitrator. Arbitration shall be conducted in accordance with California Code of Civil Procedure section 1280 et. seq. All arbitration-related hearings shall be conducted in Los Angeles, CA before ADR Services, Inc. The arbitrator shall be from the Southern California area and the arbitrator will be selected by the mutual agreement of the parties. If the parties cannot agree on a single arbitrator, then the arbitrator shall be selected in accordance with the then in effect rules of ADR Services, Inc. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to, arising from, based upon or in any way related to the dispute, whether based in law or equity. The Arbitrator shall issue rulings, decisions, orders, judgments and permanent injunctions as applicable and appropriate. The prevailing party in said arbitration shall be awarded, Attorney’s fees and costs as well of the costs of the arbitrator. If a party is files a motion or petition to compel arbitration, then the prevailing party in said motion or petition shall be awarded interim attorney’s fees and costs related to the motion or petition.
- Indemnification. AdBlaster shall not undertake to resolve any disputes or litigation on End User's behalf involving use of the services or products described herein, and End User agrees that it shall indemnify, hold AdBlaster harmless and defend AdBlaster against any disputes involving use of the AdBlaster Extension.
- DISCLAIMER OF WARRANTIES. The services and products provided by AdBlaster under this Agreement are provided "AS IS," WITHOUT WARRANTY OF ANY KIND TO END USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF THE COMPUTER PROGRAM, FITNESS FOR END USER'S PURPOSE OR SYSTEM INTEGRATION; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. END USER AGREES THAT ANY EFFORTS BY AdBlaster TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE DISCLAIMER OF WARRANTIES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE AdBlaster EXTENSION REMAINS WITH END USER.
- LIMITATION OF REMEDIES. END USER AGREES THAT AdBlaster SHALL NOT BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF AdBlaster WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE TO AdBlaster, OR AdBlaster WAS GROSSLY NEGLIGENT. IN NO EVENT SHALL AdBlaster'S LIABILITY EXCEED THE TOTAL FEES PAID BY END USER FOR THE AdBlaster EXTENSION. END USER AGREES THAT ANY EFFORTS BY AdBlaster TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATION OF REMEDIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to End User. In such jurisdictions, AdBlaster's liability is limited to the greatest extent permitted by law.
- Export Restrictions. End User agrees not to export the AdBlaster Extension or any copies thereof or any products utilizing the AdBlaster Extension in violation of any applicable laws or regulations of the United States. End User agrees to indemnify AdBlaster from liability if End User violates any such laws or regulations.
- Modifications. AdBlaster reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If AdZero Interactive LLC modifies this Agreement we will post the modification on our website. By continuing to access or use AdBlaster Extension after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the AdBlaster Extension, and any related services pursuant to the terms of this Agreement.
- Force Majeure. AdBlaster shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event AdBlaster shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
- Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only by a written agreement signed by authorized representatives of both parties.
- Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.