This is an agreement (“Agreement”) between you (“you” or “User”) and TokBox, Inc. ("TokBox ") with respect to the OpenTok Plugin for Internet Explorer (the “Plugin”) offered by TokBox that is downloaded or otherwise installed following your acceptance of this Agreement.
This Agreement applies to the Plugin, which includes software, as well as any and all material provided with it; and any upgrades, modified versions, additions, and improvements, if any. It is your responsibility to read this Agreement carefully. By checking the box in the download dialog box indicating your acceptance of this Agreement and downloading the Plugin you accept the terms and conditions of this Agreement. If you are not in agreement with the terms and conditions of this Agreement you must decline this Agreement by clicking on the “Cancel” button. Should you do so, you are not permitted to download, install, or otherwise use the Plugin.
This Agreement may be updated at any time by TokBox without notice to you. Use of the Plugin after any such change constitutes your acceptance of such changes. The latest version of this Agreement can be found at http://tokbox.com/support/ie-eula . Updates to the Plugin may be licensed to you by TokBox with additional or different terms.
This is a license agreement and not an agreement of sale. TokBox and its affiliates and/or business partners remain the sole owners of the Plugin.
This Plugin is protected under copyright law and international copyright agreements and treaties as well as by other laws, regulations, and agreements pertaining to the protection of intellectual property rights as well as confidentiality and trade secrets. TokBox (and/or its licensors) own all rights, title, and interest in and to the Plugin. The license granted herein grants you no right, title, or interest in any intellectual property owned or licensed by TokBox, including (but not limited to) the Plugin and TokBox’s trademarks, and creates no relationship between yourself and TokBox's licensors, or between you and TokBox other than that of TokBox’s licensee. Upon acceptance of this Agreement TokBox grants you a revocable, non-exclusive, non sublicensable, and non-transferable license for the personal, non-commercial use of the Plugin, in particular:
You are NOT permitted:
All rights not expressly granted to you are reserved by TokBox.
2.1. This Agreement comes into force with the installation of the Plugin or any other use of the Plugin.
2.2. The Plugin is provided free of charge. TokBox reserves the right, at any time without notice, in its sole discretion, to cease support for the Plugin and to make the Plugin unavailable. In the event TokBox does so, this Agreement and the license granted herewith is deemed immediately terminated.
2.3 The license is terminated effective immediately upon your violation of the terms of usage as outlined in this Agreement.
2.4 TokBox may terminate all or any part of this Agreement and discontinue the availability and functionality of the Plugin or any aspect of it, and any customer support relating to the Plugin, at any time without notice to you.
2.5 You may terminate the Agreement by discontinuing use of the Plugin and by destroying all your copies of the Plugin.
The description and specifications of the Plugin are not warranties or guarantees of any particular characteristics or performance standards, and any such warranties or guarantees are expressly disclaimed.
4.1. NO WARRANTY. THE PLUGIN IS BEING DELIVERED TO YOU "AS IS" AND TOKBOX MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TOKBOX DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OR WILL OBTAIN BY USING THE PLUGIN. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, TOKBOX MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
4.2. ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLUGIN (SUCH AS ANY ANTI-SPYWARE FEATURE) 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 AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
4.3. LIMITATION OF LIABILITY. IN NO EVENT WILL TOKBOX BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A TOKBOX REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. TOKBOX’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PLUGIN, IF ANY. NOTHING CONTAINED IN THIS AGREEMENT LIMITS TOKBOX’S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM TOKBOX’S NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD).
Any data accumulated when using the Plugin shall only be collected in an anonymous manner for the further improvement of the Plugin.
By accepting this Agreement, you represent to TokBox:
The Plugin may contain software licensed by TokBox from third party licensors (“Third Party Software”). You understand and agree that any Third Party Software is subject to the same restrictions contained in this Agreement relating to the Plugin and that you will not use such Third Party Software in violation of this Agreement. You further acknowledge and agree that such third parties can enforce their rights with respect to their Third Party Software under this Agreement against you directly in their own name.
TokBox reserves the right to charge fees in the future for access or continued use and access to the Plugin. TokBox shall notify you in advance of any fees or fee increases.
10.1 This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California. You and TokBox hereby consent and agree that the United States District Court for the Northern District of California or the state courts in the County of San Francisco, California will have exclusive jurisdiction over any legal action or proceeding arising out of or relating to this Agreement, and each party consents to the in person jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest the exclusive jurisdiction of such courts. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the Plugin of which is expressly excluded.
10.2. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This is the entire agreement between TokBox and you relating to the Plugin and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Plugin.
Last updated: June 20, 2018
