Updated as of September, 21, 2016
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS POLARITY END-USER LICENSE AGREEMENT (THE "EULA" OR “AGREEMENT”) BEFORE DOWNLOADING, INSTALLING, ENABLING, OR USING (COLLECTIVELY “USE” OR “IN USE” OR “USING”) ANY SOFTWARE AND/OR SERVICES AND/OR FEATURES PROVIDED BY THIS WEBSITE (COLLECTIVELY, THE "SOFTWARE").
THE SOFTWARE IS A SERVICE OF EIGHTPOINT TECHNOLOGIES LTD, (“EIGHTPOINT”) A CAYMAN ISLANDS COMPANY, DISTRIBUTTED UNDER AN EXCLUSIVE LICENSE BY POLARITY TECHNOLOGIES LTD, (“POLARITY”) A CYPRUS COMPANY. THIS IS A LEGAL AGREEMENT BETWEEN POLARITYAND YOU.
THESE TERMS OF SERVICE REQUIRE THE USE OF CYPRUS ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A COURT OR JURY TRIAL OR CLASS ACTION. All differences of any nature that may arise in relation to this contract between the contracting parties, shall be referred to arbitration by a single Arbitrator in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The Arbitrator will be proposed by the Arbitration Service of the Cyprus Chamber of Commerce and Industry and must be approved by the contracting parties. In case of disagreement between the contracting parties on the proposed Arbitrator, the Arbitrator will be appointed in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4.
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 Polarity is unwilling to sublicense the Software to you and you may not access or Use any of the Software. Any Use of the 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.
- Polarity 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 Polarity materially modifies this EULA it will post the updated EULA as part of a drop-down menu or notification from the Software via a hyperlink or by other reasonable means to notify you of the changes. Polarity will also amend the " Updated as of” date at the top of this Agreement. By continuing to Use the Software after Polarity 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 Software. This Agreement will also govern any software upgrades and/or updates provided by Polarity that upgrade and/or supplement the Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
- The Software.
The Software is a free desktop application that offers you direct links to websites from your new preferred homepage and saves your new preferred home page and/or new tab page. When we set your Browser's settings using the Software, they will be saved automatically on Chrome™, Firefox®, and Internet Explorer®. As part of the installation process of the Software, we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings. By Downloading or Using the 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 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). Such changes may include, without limitation, the following:
Change of the default search engine in your Internet Browser, including your Browser's built-in search box, if applicable, and address bar;
2. Change of the default home page and/or new tabs of your Internet Browser;
3. Addition of alternative error page functionality, such as “Page Not Found”, if applicable;
4. Additional search-related services;
5. Allowing software updates of the Software once a new version is released and the ability to send you notifications;
6. Allow first-party publisher or Partner Cookies to be installed in your Browser. These Cookies can be controlled through your Settings on your Browser Controls.
To uninstall the 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.
6. To uninstall Safari extensions (Windows or Mac OSX), click the Safari Settings menu or File> Preferences > Extensions, and then choose the extension you would like to uninstall. To uninstall the Toolbar from your mobile device, please refer to your mobile device instruction manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the Toolbar you wish to delete until it shakes, you will get an “x” in the corner of the Toolbar icon and you can tap the “x” to delete the software. Please note that the Toolbar may include one or more executable files, therefore if you wish to uninstall one or more Toolbar files, please make sure to look for the specific Toolbar name on your computer or mobile device.
- SubLicense to Software and Use.
1 Conditioned upon your compliance with the terms and conditions of this EULA, Polarity hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable sublicense to download, install, enable, and use the Software on a single computer or device (whether mobile device or other), solely for your personal use, provided that you Use the Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Software for backup purposes. Polarity reserves all rights in the Software not expressly granted to you in this EULA.
- License Restrictions.
1 Except as expressly specified in this EULA, you may not:
(a) copy or modify the Software;
(b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Software to any third party; or
(c) Use the 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 Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Polarity and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer any components of the Software provided in object code or any other Polarity 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 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 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 Software. This EULA does not apply to any Open-Source Software accompanying the Software and Polarity hereby disclaims any and all liability to you or any third party related thereto.
4.3 The 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.
4.4 You may not Use the Software in any manner that could:
(i) damage, disable, overburden, or impair the Software (or any server or networks connected to any Polarity Software, or
(ii) interfere with any third party's use and/or enjoyment of the Software (or any server or networks connected to the Software).
- Updates; Modifications; Additional Services; Tests.
1 The Software may automatically download and install updates from Polarity from time to time. In addition, Polarity may automatically configure the Software to perform certain functions required within the operation of the Software. The Software may also automatically configure third-party software (such as your Browser or operating system) in connection with your Use of the 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 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 the Software, including Software Updates and/or material changes of this EULA, Polarity will present you with a notification (e.g. a pop-up notification) of such changes. By downloading and using the Software you agree to receive such Software Updates (and permit Polarity to deliver these to you) as part of your Use of the Software. If you do not agree to such changes, you may uninstall the Software that resides on your computer, according to the guidelines set forth below.
5.2 The 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 above). By using the 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 2 above and Section 6 below. Further, you agree that by Using the Software you may periodically send technical data and related information to Polarity to facilitate the provision of updates, product support, and other services to you, if any, related to the 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 Polarity may conduct A/B testing and change the look and feel of the Software or add additional features in order to improve your experience with the Software. In the event that we make Material Changes to this Agreement, we will notify users by posting a notice on our homepage, http://wp.yourspeedtester.com. and on the webpage where this Agreement is posted, http://wp.yourspeedtester.com/home/terms.
5.3 You acknowledge that due to version updates of, or other modifications made by third parties to, your Browser, certain Polarity Software will become temporarily invisible, inoperative, or disabled, and part or all of its features will be inaccessible to you.
5.4 Your only recourse if you are unhappy with any of the modifications to, or the temporary inoperability or malfunction of, the Software, is to uninstall the Software.
- Proprietary Rights.
1 The Software is licensed, not sold, to you. You acknowledge and understand that Eighpoint owns all right, title, and interest in and to the Software, including without limitation all intellectual property rights therein. The Software is protected by 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 Software as delivered to you.
- Privacy and Legal Rights.
8.2 The Software 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. Polarity also collects information about changes made your browser home page.
8.3 Polarity prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing, or may be deemed offensive by Polarity, in its sole discretion, as part of its terms of service and user agreements.
8.4 In the event that Polarity 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.
- Your Obligations.
1 You hereby acknowledge and agree to only Use the Software as permitted in this EULA.
9.2 You agree to comply with all applicable laws, rules, and regulations when using the Software. You will not Use the Software to infringe upon anyone's rights, including, without limitation, any intellectual property rights or privacy rights of any person or entity.
- No Obligation.
Polarity is not obligated to maintain or support the Software, or to provide you with updates, fixes, or services related thereto. You understand that during Use of and/or by Using the Software, you may encounter Third-Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Software at your own risk and that Polarity shall not have any liability to you with respect to such content.
- Disclaimer of Warranties.
In addition to the limitations of Polarity’s liability expressly contained in this Agreement, Polarity further disclaims any warranty related to your Use of the 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 Software IS PROVIDED TO YOU ON AN \"AS IS\"; AND \"AS AVAILABLE\" BASIS, WITHOUT WARRANTY OF ANY KIND. POLARITY 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 POLARITY OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. POLARITY DOES NOT REPRESENT OR WARRANT:
(I) THAT THE 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 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 SOFTWARE, ANY THIRD-PARTY SOFTWARE OR APP, AND ANY DATA ACCESSED THEREFROM. POLARITY MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE 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 SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE APPLICABLE POLARITY SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
IN NO EVENT WILL POLARITY, ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS 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 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 POLARITY WAS 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 POLARITY'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 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.
- Choice of Law and Venue.
This Agreement shall be interpreted and enforced in all respects under the laws of the Country of Cyprus as applicable to contracts to be performed entirely within the Country of Cyprus. Any litigation arising out of this Agreement will be brought solely and exclusively in the courts located in Cyprus and the parties agree that jurisdiction and venue properly lie in such courts and waive any claim that a proceeding in any such court has been brought in an inconvenient forum.
All differences of any nature that may arise in relation to this contract between the contracting parties, shall be referred to arbitration by a single Arbitrator in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The Arbitrator will be proposed by the Arbitration Service of the Cyprus Chamber of Commerce and Industry and must be approved by the contracting parties. In case of disagreement between the contracting parties on the proposed Arbitrator, the Arbitrator will be appointed in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4.
- To the maximum extent permitted by law, you agree to defend, indemnify, and hold Polarity 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 Software, including your downloading, installation, or Use of the Software, or your violation of this EULA.
- Term and Termination.
Your sublicense to Use the 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 Software and by destroying all copies of the 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 Polarity’s request either promptly destroy or return to Polarity all copies of the Software in your possession or control. Sections 2, 3, 4, 7 through 14, 16 and 18 shall survive the termination of this EULA.
- (a) This EULA and all the policies referenced herein constitute the entire agreement between Polarity and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Polarity.
(b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
(c) 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. Polarity reserves the right, at our discretion, to update or revise this EULA.
(d) 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.
(e) You may not assign your rights under this EULA to any party without Polarity’s consent. Polarity may assign or transfer this Agreement or any rights or delegate any obligations of Polarity hereunder to any third party at its sole discretion and without providing any notice to you or obtaining your consent. Polarity will be released of all rights or liabilities under this Agreement upon consummation of such assignment, transfer, or delegations.
(f) 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.
(g) Nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Polarity, and you do not have any authority to create any obligation or make any representation on Polarity’s behalf. If you need to contact us, please contact us through our contact form at http://wp.yourspeedtester.com/home/contactus You can also email us at firstname.lastname@example.org or you can send a letter to:
Polarity Technologies LTD
Nora Court, 3rd floor, office 301
Limassol, Cyprus 3040