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Tasktop Firefox Add-On Software License


END-USER SOFTWARE LICENSE


The Software you seek to use is licensed only on the condition that you (the "Licensee") agree with Tasktop Technologies Incorporated ("Tasktop") to the terms and conditions set forth below. PLEASE CAREFULLY READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. 


1. Software
As used in this License Agreement "Software" means (i) the software provided to the Licensee under this License Agreement, known as the Tasktop Firefox Add-on, (ii) such upgrades, modified or new versions, updates and additions for such Tasktop Firefox Add-on software (“Updates”) as may be provided by Tasktop to the Licensee under the terms of this License Agreement, and (iii) documentation for the foregoing as provided by Tasktop from time to time at its website at tasktop.com (the “Documentation”). The Software is a bundled product comprising:
 

    (a) software, in source code format, including code obtained under open source licenses, and

    (b) graphic files.


2. License to Use Software
Under this License Agreement, Tasktop grants to the Licensee a non-exclusive, non-transferable, non-sublicensable right to install, access and use the Software in accordance with the Documentation and on and subject to the terms and conditions set out in this License Agreement. 
This license permits use by a single user only. 
 

3. Ownership/Rights
Tasktop owns, or has the right under license for open source components, the Tasktop Firefox Add-on and has the right to grant licenses of the Tasktop Firefox Add-on to end users. The Tasktop Firefox Add-on and any and all documentation, knowledge, know how and/or techniques relating to the Tasktop Firefox Add-on is and will remain the sole and absolute property of Tasktop. The Licensee acknowledges that all Documentation and other materials, inventions, discoveries, improvements, software, copyright, know-how or other intellectual property, whether or not patentable or copyrightable, created by Tasktop or the Licensee prior to, during, or after the termination of, this License Agreement, pertaining to the Tasktop Firefox Add-on are and will remain the sole and absolute property of Tasktop. All rights in the Tasktop Firefox Add-on not specifically granted in this License Agreement, including Canadian, United States and international copyrights, are reserved by Tasktop.
With the exception of the licenses granted pursuant to this License Agreement, the Licensee acquires no right, title or interest in or to the Software. 
 

4. Third Party Content
The Tasktop Firefox Add-on includes items (located in the chrome sub-directory of the add-on) that have been sourced from third parties under the Mozilla Public License. These items have not been changed. The source for these items is available at http://tasktop.com/legal/.
 

5. Copy and Use Restrictions
The Licensee will not, and will not authorize any third party to:


except as specifically provided in this License Agreement, make copies of the Software, and all such copies which are permitted hereunder together with any original must be kept in the Licensee's possession or control. The Licensee shall reproduce and include all copyright notices on any backup copy; 
modify, improve, further develop, adapt, decompile, disassemble, translate into another computer language, create derivative works, or otherwise reverse engineer the Software; 
distribute, sell, lease, transfer, assign, trade, rent or publish the Software or any part thereof and/ or copies thereof, to others; 
license or sublicense the use of the Software to others; 
use the Software or any part thereof for any purpose other than for the Licensee’s own use; 
use the Software except as expressly authorized pursuant to this License Agreement; 
use, without their express permission, the name of Tasktop or any trademark or logo of Tasktop in advertising, publicity, or otherwise. 
6. Term and Termination
This License Agreement and the license granted hereunder is in force until terminated. This License Agreement, and the rights granted hereunder, may be terminated immediately by Tasktop if the Licensee breaches any term of this License Agreement. The Licensee may terminate this License Agreement at any time by stopping all use of the Software and destroying or deleting all copies of the Software licensed to the Licensee. 
After termination the Licensee agrees to destroy, delete or return to Tasktop all copies of the Software in its possession or control, full or partial, in any form, including without limitation any copies of the Documentation, and any other material relating to the Software, and will have no further right to use the Software. The "Copy and Use Restrictions", "Term and Termination", "Confidentiality" "No Warranty", "Limitation of Liability", "Indemnity" and "Miscellaneous" sections of this License Agreement will however survive any termination of this License Agreement. 
 

7. Confidentiality
All information, documentation, or computer code which Tasktop may at any time disclose to the Licensee relating to the Software is proprietary and confidential information (save and except any such information and documentation which Tasktop may release to the general public). The Licensee agrees that it shall use any such confidential information, documentation and code solely in accordance with the provisions of this License Agreement and will not at any time disclose such confidential information, documentation or code directly or indirectly, to any third party without Tasktop's prior written consent.
 

9. No Warranty 
THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS PROVIDED TO THE LICENSEE "AS IS", AND THAT NEITHER TASKTOP NOR ANY CONTRIBUTOR (AS DEFINED IN THE MPL) MAKES ANY REPRESENTATIONS OR EXTEND ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY OR FITNESS OF THE SOFTWARE FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS. ALL SUCH WARRANTIES AND CONDITIONS ARE HEREBY EXPRESSLY DISCLAIMED BY TASKTOP AND ALL CONTRIBUTORS.
In particular, but without limitation, nothing in this License Agreement is or will be construed as:


a warranty or representation by either Tasktop or any Contributor as to the validity or scope of any copyright or other intellectual property rights in the Software; 
an obligation to furnish any software, technology, or technical information other than the Software; 
an obligation on Tasktop or any Contributor to correct malfunctions that arise in any version of the Software delivered to the Licensee. 
The entire risk as to the quality and performance of the Software is with the Licensee. Without limiting the generality of the foregoing, neither Tasktop nor any Contributor warrants that the functions contained in the Software will meet the Licensee’s requirements and neither Tasktop nor any Contributor warrants that the Software is free from bugs or malfunctions, or that any bug or malfunctions can or will be corrected or that Tasktop or any Contributor will develop or provide to the Licensee any operations, capabilities or features not present in the version of the Software first delivered to the Licensee under this License Agreement.

10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER TASKTOP OR ANY CONTRIBUTOR BE LIABLE TO THE LICENSEE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUE, PROFIT, BUSINESS INTERRUPTION OR LOSS OF DATA, OR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE EXPRESS OR IMPLIED TERMS OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TASKTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TASKTOP’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LICENSEE TO TASKTOP HEREUNDER DURING THE 12 MONTH PERIOD PRIOR TO THE LIABILITY ARISING.
 

11. Indemnity
THE LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS TASKTOP AND ALL CONTRIBUTORS AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING ATTORNEY'S FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGMENT ARISING OUT OF, CONNECTED WITH, RESULTING FROM, OR SUSTAINED AS A RESULT OF, OR IN CONNECTION WITH, THE LICENSEE'S USE OF THE SOFTWARE.


12. Miscellaneous


This License Agreement will be governed and interpreted according to the laws of British Columbia, Canada. The Licensee agrees that by accepting the terms of this License Agreement and using the Software the Licensee has attorned to the exclusive jurisdiction of the courts of competent authority in the Province of British Columbia. 

This License Agreement is the entire agreement between the Licensee and Tasktop relating to this subject matter. . 
Any provisions in this License Agreement which differ from the MPL are offered by Tasktop only and not by any other party. 
The provisions of this License Agreement are severable and if any provision is determined to be invalid or unenforceable under applicable law, that will not affect the validity or enforceability of the remaining provisions of the License Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.