Orbitum Browser License Agreement

    • Before using the Orbitum browser, please read the terms of the License Agreement set out below. Any use by you of the Orbitum browser means that you completely and unconditionally agree to all its terms.

      If you do not agree with all the terms of the License Agreement, you will have no right to use the Orbitum browser.

  • 1. General Provisions
    • 1.1. This License Agreement (hereinafter the "Agreement") for the use of the Orbitum browser software (hereinafter the "Software") is a public offer by Orbitum (hereinafter the "Right Holder") to any person using the Software (hereinafter the "User").

      1.2. By copying or installing the Software on a personal device, or using it otherwise, the User fully and unconditionally agrees with all the terms of the Agreement.

      1.3. The exclusive right to the Software is held by the Right Holder and is not encumbered with any third party rights.

      1.4. The User undertakes to restrict the use of the Software by under-age or legally incapable persons having access to the User's computer with the installed Software. If the User allows under-age or legally incapable persons to use the Software, the User shall assume all responsibility for the actions, obtaining information and other consequences of using the Software by such under-age or legally incapable persons.

  • 2. License
    • 2.1. The Right Holder shall free of charge and on the terms of a simple (non-exclusive) license provide the User with a non-transferable right to use the Software around the world as follows:

      2.1.1. Use the Software in accordance with its direct functional purpose by copying and installing (running) it on the User's personal device(s). The User may install the Software on any number of personal devices.

      2.1.2. Reproduce and distribute the Software unchanged for personal non-commercial purposes.

      2.2. The Software may be used on other terms or in other ways not stipulated by this License only based on a separate agreement with the Right Holder.

      2.3. All exclusive rights to the Software and all its subsequent updates/new versions shall be owned by the Right Holder.

  • 3. Restrictions
    • 3.1. Except for the use within the scope and in the ways expressly provided for by this Agreement or the British Virgin Islands laws, the User has no right to change, decompile, disassembly, decipher or make any other actions with the Software object code in order to extract the Software source text and/or to obtain information about the implementation of algorithms used in the Software, to create derivative products using the Software or to make/permit other use of the Software without the Right Holder's written consent. The User may modify the Software only for his or her personal use. The User shall not distribute, communicate, disclose to the public or otherwise use such modified Software versions, except for his or her personal use.

      3.2. The User shall not without the Right Holder's written consent reproduce, distribute or disclose to the public the Software in any form or in any way not expressly provided for by this Agreement, including together with other software, as part of software kits, or as part of other software, settings or other product offers, regardless of the purpose of such use.

      3.3. The Software shall be used under the name: Orbitum Browser. The User shall not have the right to change the Software name, change and/or remove the copyright signs or other references to the Right Holder or other persons contained in the Software, documents or other materials distributed with the Software.

  • 4. Other Notices
    • 4.1. All data about the use of the Software by the User transferred to the Right Holder as per this Agreement shall be stored and processed in accordance with the Privacy Policy -> http://orbitum.com/privacy

      4.2. The User is hereby notified and agrees that upon the Software installation additional Software components (buttons) will be automatically selected and installed for the User to interact with popular social networks, mail services and other tools, and that such selection will be fully automatic without transferring the data outside the User's device.

      4.3. After notifying the User, the Right Holder may at its discretion install third party add-ins (components) providing access to third-party information or services or linking to third-party resources ("User Components"). The Right Holder will not control the performance or information content of the services or resources accessed by such User Components, or their compliance with the laws, and shall not be responsible for the installation or use of such User Components. The Right Holder shall not reimburse the User for any damages incurred from using or being unable to use any User Components or information, services or resources accessed by User Components.

      4.4. The User may at his or her discretion disable the User Components in the Software add-ins section. After the said actions, User Components will be disabled and will not be further displayed in the User's device.

      4.5. The Right Holder guarantees that the Software will not be used to distribute malicious software or to collect information about the Users, except as prescribed by this Agreement and the Privacy Policy -> http://orbitum.com/privacy

  • 5. Responsibility
    • 5.1. The software is provided “as is”. The Right Holder does not give any guarantees of error-free and interruption-free Software operation or that the Software will meet the User's specific goals or expectations, nor does it provide any other guarantees other than those expressly stated in this Agreement.

      5.2. The Right Holder shall not be responsible for any direct or indirect consequences of any Software use or non-use and/or damages incurred by the User and/or third parties as a result of using or not using the Software, including because of possible Software errors or failures.

      5.3. The Software contains a Facebook Theme Catalog section that will automatically include the most popular materials used by the Users to design their Facebook profiles. The Right Holder will not control the contents of the above Software section.

      5.4. The User agrees that the Software may be used to access materials and/or information illegally posted on the Internet and infringing third party intellectual property rights. The Right Holder cannot control the contents and the legitimacy of such materials and/or information and therefore bears no responsibility for:

      - the contents of information and/or materials obtained by the User through the Software and their possible non-conformance compliance with the applicable laws or offensive nature;

      - the consequences of the User's applying, using or not using the obtained information and/or materials;

      - possible non-conformance of the results obtained through the Software with the User's expectations;

      - any damages to the User's hardware or software resulting from the information and/or materials obtained through the Software;

      - any consequences that may arise from distribution of illegal or unlicensed software and audio or video products, or other materials or data infringing upon third-party intellectual property rights.

      5.5. All information and/or advertising materials that may be accessed through the Software are provided by third parties. The Right Holder shall not be responsible for the validity of third-party information and/or advertising materials, the accessibility and contents of their websites, or for any consequences of using third-party information and/or advertisements or websites.

      5.6. When using intellectual deliverables accessed through the Software, the User shall bear sole responsibility to the relevant right holders in the event such use infringes their exclusive rights.

      5.7. The Right Holder shall not be responsible for the results of search made through the Software. The search results are provided by YAHOO!EMEA LIMITED.

  • 6. Software Updates/New Versions
    • 6.1. The Software may from time to time download and install updates that are intended to improve the Software and may be in the form of patches, additional modules or completely new Software versions. The User is hereby notified of and agrees to automatic Software updating, including request, downloading, and installation of the Software updates on the User's device without any additional notices.

      6.2. This Agreement applies to all further updates/new versions of the Software. By installing an update/new version of the Software, the User agrees with the terms hereof for the relevant updates/new versions of the Software, unless the update/installation of a new Software version does is subject to another license agreement.

  • 7. Dispute Settlement
    • 7.1. Any User claims on any Software-related issues shall be accepted by the Right Holder in an electronic form at: http://orbitum.com/feedback within three (3) business days of the circumstances referred to by the User in such claim. The Right Holder may correspond with the User in order to specify the claim. No response within three (3) business days may be deemed by the Right Holder as a claim withdrawal.

      7.2. Any disputes arising between the User and the Right Holder shall be subject to a mandatory extrajudicial (pre-arbitration) procedure under which the User shall send a written claim to the Right Holder's postal address. A claim shall contain the User's identification data, the date of the claim ground, and claim substantiation.

      7.3. The User agrees that all disputes that may arise regarding the use of the Software and relating hereto will be settled in accordance with the applicable laws of the British Virgin Islands.

  • 8. Force Majeure
    • 8.1. The Right Holder shall be relieved from liability for full or partial failure to meet its obligations hereunder, if such failure is a result of force majeure, that is extraordinary and unavoidable circumstances for the Parties under given conditions, including:

      8.1.1. Mass disorders;

      8.1.2. Prohibitive acts of governmental authorities;

      8.1.3. Natural disasters, fires, catastrophes and other natural or man-caused circumstances;

      8.1.4. Power supply failures;

      8.1.5. Global failures in the operation of Russian and international Internet segments;

      8.1.6. Failures of routing systems;

      8.1.7. Failures in the distributed system of domain names;

      8.1.8. Failures caused by hacker and DDoS attacks, as well as other unlawful third party actions.

      8.2. The Right Holder shall if it is technically possible, notify the User by e-mail of force-majeure within seven (7) days of the occurrence thereof.

      8.3. If the parties cannot fulfill their obligations hereunder for over three (3) months, this Agreement shall be deemed terminated without reimbursement of damages.

  • 9. Final Provisions.
    • 9.1. This Agreement enters into force upon its acceptance by the User as per Clause 1.2 and remains in effect until terminated in accordance with its terms.

      9.2. This Agreement is an official document of the Right Holder. The current version of the Agreement is available on the Internet at: http://orbitum.com/terms

      9.3. This License Agreement may be unilaterally amended by the Right Holder. The User Notice about the amendments made to the terms of this Agreement will be published at: http://orbitum.com/terms. The said amendments to the terms of the License Agreement will take effect from the date of their publication, unless the respective publication provides otherwise.

      9.4. The Users shall themselves check for amendments hereto or other information related to the Software.

      9.5. In the event of any discrepancies between the version of the Agreement that was in effect at the date of the Software installation by the User, and its latest version, the latest version hereof shall prevail.

      9.6. The Software is created based on the open source software Chromium that may be used on the terms of the BSD License available at: http://src.chromium.org/viewvc/chrome/trunk/src/LICENSE

      9.7. The Software also uses elements of third-party software code, namely: MIT License, LGPL, MS-PL and MPL/GPL/LGPL tri-licensed code.