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COMMONNAMETM END-USER SOFTWARE LICENCE


BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT AND DOWNLOAD AND INSTALL THE "COMMONNAME(tm)" SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY CLICKING ON THE "ACCEPT" BUTTON AND BY DOWNLOADING AND INSTALLING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND CONSENT TO BE BOUND BY:-

- this Licence as set out below;
- the Privacy Policy which is stated in section 5;

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE AND THE PRIVACY POLICY, YOU ARE NOT AUTHORISED TO DOWNLOAD, INSTALL OR USE THE SOFTWARE AND MUST CLICK THE " CANCEL" BUTTON.

When you "click" the "Accept" button CommonName Limited ("CommonName"), a company registered in England and Wales (Registration number 3910727), grants you ("Licensee") a non-exclusive licence ("Licence") for the accompanying software product, including (if applicable) electronic documentation and associated material ("Software"). The Licence permits you to use the Software only upon the terms and subject to the conditions contained herein. “Use” shall include copying, transmitting or loading the Software into the permanent memory of the system and copying the Software which is in machine-readable form for the purpose only of understanding the content of such machine-readable material ("Use").

1. SOFTWARE LICENCE

You may install the Software for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by CommonName. You may not, nor permit anyone else to:

- modify the Software or use it for any commercial purpose or public display, performance, sale or rental; o

- remove any copyright or other proprietary notices of CommonName. CommonName may create new versions of the Software ("Upgrades") to correct errors and/or introduce new features and although CommonName has no obligation to notify existing Licensees of such Upgrades, they will be made available at CommonName's web site. You consent to such Upgrades, including automatic upgrades, and agree that the terms and conditions of this Licence (as may be amended from time to time by notices posted on the CommonName web site) will apply to all such Upgrades.

2. USE

The Software enables end-users to locate the websites of brand owners by typing in the name of companies, brands, products or related phrases into either the browser address bar or certain search engines. The websites that you locate are not stored on CommonName's servers. CommonName does not and cannot control what content is available to you using the Software.

To enable our service to operate, it may be necessary to override or remove software from your computer that performs a similar function or tries to override or hinder our service. By choosing to download CommonName you authorise us to take this step.

CommonName will do its best to continue offering the services “as is”, but may be required for various reasons, within or not within our control to alter any part of its services. By choosing to download CommonName you authorise us to make any amendments that we deem appropriate or are required to make.

3. DISTRIBUTION

You may distribute an unlimited number of copies of the Software, provided that each copy is a true and complete, copy, includes all copyright and trademark notices and is accompanied by a copy of this End-User Software Licence Agreement. Copies of the Software may be distributed as a standalone product or included within your own product.

4. OWNERSHIP

The copyright in the Software is owned by CommonName and the Software may not be modified or published in any way without CommonName's prior written consent. Except as expressly provided herein, CommonName and its suppliers do not grant any express or implied right to you under any patents, copyrights, trade marks or in respect of any trade secret information of CommonName or of any persons registering Common Names or Keywords

5. PRIVACY POLICY

We believe that people should be able to use the Internet without worrying about the unauthorised or unwarranted collection of their personal information. We disapprove of Spyware. Users who install this software can be assured that this software:
  1. does not collect any personal information;
  2. does not collect personal data by monitoring your behaviour;
  3. does not attempt to connect to the Internet if you are not connected;
  4. does not bundle any other software;
  5. does include an uninstaller.
Our complete Privacy Policy can be viewed on our website (commonname.com). If we ever change our Privacy Policy such that it offers less protection for users' personal information, we will give advance notice of the changes on our web site 30 days prior to them becoming effective.

6. WEBSITE TERMS AND CONDITIONS

By using this software, you may be taken on occasions to pages that are part of our website. When you are on our website you agree to be bound by our Website Terms and Conditions. Our Website Terms and Conditions can be viewed on our website.

7. ADVERTISING

Users of our services may be shown or served advertising from time to time, for example banner ads on our website. We keep any advertising to a minimum and only serve it to be able to continue providing CommonName as a free service. When you leave our website we have no control over, and are not responsible for, any advertising you receive whilst on another website.

8. TERMINATION

This Licence is effective until terminated. You may terminate the Licence at any time by uninstalling the Software and destroying all copies of the Software in your possession. CommonName may terminate this Licence at any time if you are in breach of any of the terms and conditions of this Licence in which event you must and agree to destroy immediately all copies of the Software.

9. DISCLAIMER

THE SOFTWARE IS LICENSED FREE OF CHARGE AND THEREFORE IS PROVIDED "AS IS". COMMONNAME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO THE FULL EXTENT PERMISSIBLE BY THE APPLICABLE LAW, COMMONNAME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.

10. LIMITATION OF DAMAGES

COMMONNAME SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW. NOTWITHSTANDING THE GENERALITY OF THE ABOVE, COMMONNAME EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMMONNAME SHALL NOT BE OBLIGED TO PROVIDE MAINTENANCE, SUPPORT, UPGRADES, REPLACEMENTS OR NEW RELEASES TO YOU. IN THE EVENT THAT COMMONNAME INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENCE FEE PAID BY YOU (IF ANY) FOR THE SOFTWARE (EXCEPT IN THE EVENT OF DEATH OR PERSONAL INJURY ARISING FROM COMMONNAME'S NEGLIGENCE).

11. INTELLECTUAL PROPERTY RIGHTS

All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio and other identifiable material relating to the Software) are and remain the sole property of CommonName.

12. GOVERNING LAW

The web-site through which this Software may be downloaded and/or installed is controlled by CommonName from its facilities in the United Kingdom. CommonName makes no representations that the Software is appropriate or available for use in other locations. Those who download and/or install this Software from other jurisdictions are responsible for compliance with local law.

THIS LICENCE AND ANY AND ALL CLAIMS RELATING TO THE SOFTWARE SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES THIS LICENCE SHALL BE DEEMED TO BE "IN WRITING" AND "ACCEPTED" BY BOTH PARTIES.THE COURTS OF ENGLAND AND WALES SHALL HAVE EXCLUSIVE JURISDICTION OVER ALL DISPUTES ARISING HEREUNDER OR IN CONNECTION WITH THE SUBJECT MATTER HEREOF. IN ANY SUCH ACTION THE PARTIES HEREBY WAIVE ANY RIGHT TO ALLEGE LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR INCONVENIENT FORUM.JURISDICTION OVER ALL

13. AMENDMENTS

CommonName may amend the terms and conditions of this Licence at any time by posting a notice on its website, which shall be binding upon you. You should visit the CommonName website periodically to review the current and effective terms and conditions of use of the Software, the CommonName website and the CommonName service.

14. NO WAIVER

No delay or failure to take action under these terms and conditions will constitute a waiver by CommonName unless expressly waived in writing by a duly authorised officer of CommonName.


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© Copyright CommonName Ltd 2009. ALL RIGHT RESERVED. Please read our Terms & Conditions, Privacy Policy, Software Privacy Policy and Anti-Spyware Policy.