Tuxler’s license for free users
No Trademark License
No license is granted to you, and you are not authorized to use any APERTIME TECHNOLOGY trademarks, logos, or trade-dress (collectively "Trademarks") other than as permitted under the TUXLER license, if applicable. APERTIME TECHNOLOGY Trademarks include: "APERTIME TECHNOLOGY" (two words on the same horizontal plane or stacked atop each other), "TUXLER" (one word), "Apertime Technology STORE"; the APERTIME TECHNOLOGY logo consisting of two arrows following one an other, coloured from grey to blue. Impermissible uses include using any part or portion of the APERTIME TECHNOLOGY or TUXLER Trademarks as a part of any web site URL or sub-domain.
Specifically, other than as permitted under the TUXLER license, you are not licensed or permitted to host, or redistribute the Program, or distribute any modified or derivative version of the Program using the words or phrases "APERTIME", "APER", "AperTime", "APER TIME", or "TUXLER", or the logo, or the front page customized picture.
We've tried hard to create a name for ourselves. We ask that you respect that and please not attempt to confuse people into thinking that a product or service you offer is sponsored, authorized or approved by APERTIME TECHNOLOGY or TUXLER.
It is unlawful to use the Program to infringe the intellectual property rights of others, or to share, distribute or download others' protected, proprietary and/or confidential information without authorization, or to search for, send, share, distribute or download unlawful pornographic materials, including child pornography and so for with any other content disturbing national security of any countries (collectively "Illegal Materials").
By using the Program you agree and represent that you will not use the Program to share, distribute or download Illegal Materials. In order for us to monitor our software you agree to allow any designated member of Apertime Technology to control the content you search for through our Program.
You hereby agree to indemnify and keep indemnified Apertime Technology, any of its officers, employees, agents, subsidiary companies, holding companies and/or the officers, employees and/or agents of each from and against any and all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of your breach of any of the terms of this License or in any way connected to your use or misuse of the Program or any part thereof.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL APERTIME TECHNOLOGY OR TUXLER PROGRAM BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF APERTIME TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INLUCDING THE PROGRAM, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION GOODWILL, USE, DATA OR OTHER INTANGIBLE OR PECUNIARY LOSSES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM :
1. THE USE OR THE INABILITY TO USE THE PROGRAM;
2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA;
3. INFECTION OF YOUR EQUIPMENT BY VIRUSES OR OTHER MALICIUS SOFTWARE;
4. CONDUCT OF ANY THIRD PARTY USING THE PROGRAM; OR
5. ANY OTHER MATTER RELATING TO THE USE OF THE PROGRAM.
ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
APERTIME TECHNOLOGY reserves the right to change, update or revise the terms of this License, and/or impose new conditions, policies or additional rules (collectively "Changes") without notice to you. These Changes will be effective immediately when incorporated in this License.
Your continued use of the Program following these Changes will be deemed to constitute your acceptance of these Changes and the subsequently revised License.
If you breach this License your right and license to use the Program terminates immediately and without notice to you.
This License constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this License.
This License may only be modified by APERTIME TECHNOLOGY. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, or if reformation is not possible, deleted and the remainder of the License surviving.
The failure to exercise or delay in exercising a right or remedy provided by this License or by any applicable law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. A waiver of a breach of any of the terms of this License or of a default under this License does not constitute a waiver of any other breach or default and shall not affect the other terms of this License.
A waiver of a breach of any of the terms of this License or of a default under this License will not prevent a party from subsequently requiring compliance with the waived obligation. This License shall be governed by DELAWARE law, excluding its conflict-of-law provisions.
You hereby consent to the exclusive jurisdiction and venue of the courts of DELAWARE in all disputes arising out of or relating to the License. The losing party in any dispute regarding the License shall be responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
For further explanations : www.tuxler.com