End User License Agreement (EULA)
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. THIS AGREEMENT IS MEANT TO APPLY TO ANY AND ALL ONLINE CONTENT AND SERVICES, INCLUDING ANY SOFTWARE PRODUCTS OF ANY KIND SUCH AS PLUGINS, EXTENSIONS, NEW TAB AND APPS (COLLECTIVELY “Tools”) THAT MAY BE DISTRIBUTED OR MADE AVAILABLE BY VISICOM MEDIA INC. (“VISICOM”) IN ASSOCIATION WITH THIS DOCUMENT AND THE FOLLOWING TERMS OF USE. BY DOWNLOADING, ACCESSING, INSTALLING AND/OR ACTIVATING ANY OF OUR TOOLS, YOU (THE USER) AGREE TO COMPLY WITH THE FOLLOWING TERMS OF USE. UPDATES:
IN THE CASE OF OUR SOFTWARE PRODUCTS, ONCE INSTALLED, OUR SOFTWARE WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE YOUR COMPUTER’S INTERNET BROWSER PROGRAM. By agreeing to be bound by these terms of use, VISICOM grants you the following limited rights to install and use our Tools:
You may use the Tools for personal use, on a single computer per legitimate copy which you download from VISICOM. If you wish to use the Tools for commercial use or if you wish to redistribute the Tools to others, you will require the prior express written authorization of VISICOM;
You may not otherwise reproduce, distribute, transmit, print or transfer information related to Tools.
PRIVACY NOTICE
BY PROCEEDING TO INSTALL ANY OF OUR TOOLS, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON INSTALLATION, OUR TOOLS MAY MODIFY THE SETTINGS OF YOUR BROWSER CONCERNING, “ADDRESS BAR SEARCH”, “NEW TAB” AND “DEFAULT BROWSER SEARCH”. DEPENDING ON THE NATURE OF THE TOOL AT ISSUE, OUR TOOLS MAY FURTHER MODIFY SEARCH RESULT PAGES GENERATED THROUGH YOUR COMPUTER’S WEB BROWSER, AS DESCRIBED UNDER “SERVICES” BELOW. FURTHERMORE, ONCE INSTALLED, OUR TOOLS MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO VISICOM STATS SYSTEM TO HELP VISICOM COMPILE GLOBAL STATISTICS CONCERNING USAGE OF OUR TOOLS BY USERS (FOR EXAMPLE CONCERNING THE NUMBER OF INSTALLATIONS AND UNIQUE USERS, THE NUMBER OF CLICKS WHICH THE TOOLS RECEIVES, THE NUMBER OF SEARCHES PERFORMED BY USERS, ETC.). SUCH STATISTICAL INFORMATION WILL NOT INCLUDE ANY PERSONALLY IDENTIFIABLE INFORMATION REGARDING USERS. Users are invited to consult our complete privacy policy, as displayed on our Web site at newtabweather.com/privacy-policy.
SERVICES
Our online services rendered through or in association with our Tools are generally free of charge but may require users of our Tools to receive advertisement in the form of sponsored links and/or search results.
UNINSTALL
You may uninstall our Tools at any time and with no limitations, either by using the uninstaller provided with the Tools (as the case may be), or by using the standard uninstall procedures offered with your computer’s operating system or Web browser.
PERSONAL IDENTIFIABLE INFORMATION (PII)
Our Tools do collect the users’ IP addresses. The purpose of collecting this data is to enable proper geographic localization. For instance, the weather feature present on the Tools uses this IP address to generate the current weather based on the user’s current location. While the IP address is stored for backup purposes, VISICOM does not use this information for any other purpose. Other than the IP address, no other personal identifiable information is being collected. Aggregate and non-personally identifiable information on user activity based on views of merchant web sites, click-throughs of offer links, and conversions of offers may be shared with unaffiliated third parties: (1) for the purpose of documenting site activity; (2) to help advertisers and publishers serve and manage ads across the web and on VISICOM and third party apps; (3) to better understand consumers, audiences, and market trends through predictive modeling and analytics.
EVEN IF YOU ACCEPT THIS AGREEMENT, IT IS STRICTLY PROHIBITED TO
Modify any of our Tools, whether in part or in whole;
Decompile or reverse engineer any of our Tools.
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO USE OUR TOOLS WILL BE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISICOM MAY SEEK. THE USER MAY CANCEL HIS LICENSE TO USE OUR TOOLS BY UNINSTALLING AND DESTROYING OR ERASING ALL COPIES OF OUR TOOLS UNDER HIS CONTROL.
EXCLUSION OF WARRANTY
OUR TOOLS ARE PROVIDED UNDER LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF OUR TOOLS IS BORNE BY THE USER. VISICOM MAY, AT ANY TIME, TERMINATE THIS AGREEMENT BY NOTIFYING THE USER OF OUR TOOLS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VISICOM, OR VISICOM, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF OUR TOOLS BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS INCURRED BY THE USER AND ARISING OUT OF THE USE OR INABILITY TO USE OUR TOOLS, EVEN IF VISICOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PROPERTY
The names of our Tools are trademark of VISICOM and are protected by international laws on trademarks and intellectual property. Use of the products’ names is strictly forbidden unless it’s used with the express written permission of VISICOM. Our Tools, including its code, documentation, appearance, structure, and organization is an exclusive product of VISICOM, which retains all intellectual property rights concerning its Tools, its copies, modifications, or merged parts, including any copyrights and invention rights.
GOVERNING LAW AND FORUM
This Agreement will be governed and interpreted according to the laws applicable within the Province of Quebec, Canada and Canadian laws (excluding the application of its conflicts of law rules). Any judicial proceedings relating to this Agreement must be presented in the Judicial District of the Province of Quebec, Canada, to the exclusion of any other courts or jurisdiction.
PARTNERS
As the case may be, your dealings with partner Web sites and businesses and your participation in their promotions are solely between you and such partners and businesses, and your participation may be subject to certain terms and conditions determined by such third parties. Please indicate your understanding and agreement to this Agreement, by clicking the button below. If you do not accept the terms and conditions of this agreement, you may “UNINSTALL” the product or click the “CANCEL” button but you will not be allowed to use the Tools.