PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
Trova Software ("Trova") strives to provide exceptional software products that help to make your web browsing and Internet experience more enjoyable. By installing and using this Trova software application (the "Software") and any applicable documentation, media, manuals and other technical information including an online help system related to the Software (the "Related Materials"), you hereby agreed to the following terms and conditions.
THE SOFTWARE AND THE RELATED MATERIALS ARE PROVIDED TO YOU BY TROVA FOR USE ONLY IN ACCORDANCE WITH THE TERMS, CONDITIONS AND RESTRICTIONS SET OUT IN THIS SOFTWARE END USER LICENSE AGREEMENT (THE "AGREEMENT"). ALL RIGHTS WHICH ARE NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT ARE RESERVED BY TROVA
Subject to the terms and conditions of this Agreement, Trova grants to you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to install the Software on your computer system and to use the Software and the Related Materials in accordance with this Agreement and any other written agreement that you may have with Trova. These terms and conditions will also govern any software upgrades and updates provided by Trova that replace and/or supplement the original Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that software license agreement will govern. You are being granted a right and license to use the Software and the Related Materials. Trova does not transfer title of the Software or the Related Materials to you. This Agreement is a legally binding agreement between Trova and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and any Related Materials and remove the Software and any associated Related Materials from your computer. Trova reserves the right to terminate this Agreement and the licenses granted in the event that you breach any term or condition of this Agreement.
Unless otherwise authorized herein or by a written agreement between you and Trova, the Software, any Related Materials, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of this Software, please contact Trova at www.trytrova.io.
3.1 Use Restrictions - You shall use this Software and any Related Materials in compliance with all applicable laws and not for any unlawful purpose. The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without Trova's prior written consent. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. You shall not allow others to use or make copies of this licensed Software. Others may obtain a copy of the Software from www.trytrova.io.
3.2 Copyright Restriction - You acknowledge and agree that any and all intellectual property rights to or arising from the Software are and shall remain the exclusive property of Trova and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of Trova. You acknowledge and agree that any unauthorized use of the intellectual property rights of Trova is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third-party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, either directly or indirectly, modify, reverse engineer, disassemble or decompile this Software. Furthermore, you are not permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Trova and its applicable licensors.
3.3 Limitation of Liability & Indemnification - You will indemnify, hold harmless, and defend Trova, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software and the Related Materials.
IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL TROVA, ITS EMPLOYEES, AGENTS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, ANY RELATED MATERIALS, ANY THIRD-PARTY SOFTWARE COMPONENTS OR TECHNOLOGIES, OR THE USE OR INABILITY TO USE THE SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TROVA BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY GOVERNMENTAL ACTION, FIRE, FLOOD, INSURRECTION, EARTHQUAKE, POWER FAILURE, RIOT, EXPLOSION, EMBARGO, STRIKES WHETHER LEGAL OR ILLEGAL, LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOWDOWN, OR ANY ACTION BEYOND ITS REASONABLE CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, TROVA'S TOTAL AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT, OR GENERALLY, WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE LICENSE TO USE THE SOFTWARE. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS THAT YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT TROVA WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SET FORTH UNDER THIS LIMITATION OF LIABILITY.
3.4 Disclaimer and Warranties - THE SOFTWARE AND THE RELATED MATERIALS ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY STATED IN WRITING BY AN AUTHORIZED TROVA EMPLOYEE, TROVA MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND/OR THE RELATED MATERIALS AND EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. TROVA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE AND/OR THE RELATED MATERIALS WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES TROVA WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, TO OR FROM ANY NETWORK OR ANY QUALITY OF ANY COMMUNICATION MADE USING THE SOFTWARE AND/OR THE RELATED MATERIALS. WITHOUT LIMITING THE FOREGOING DISCLAIMER, TROVA AND ITS LICENSORS DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SOFTWARE, SOFTWARE COMPONENTS, TECHNOLOGIES, OR ANY OF ITS ASSOCIATED SERVICES (I) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; OR (II) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION THAT YOU PROVIDE) FROM UNAUTHORIZED ACCESS OR MALICIOUS ATTACKS.
3.5 Governing Law - This Agreement, and all claims related to it, or the performance by Trova and you under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal therefrom with respect to all disputes arising out of or in connection with this Agreement or in respect of any legal relationship associated with or derived from this Agreement and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts and any claims on the grounds of forum non conveniens. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
3.6 Term and Termination - This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either Trova or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of the licenses granted herein. You may terminate this Agreement with immediate effect at any time, with or without cause. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and any Related Materials, and destroy all copies of the Software and the Related Materials supplied under this Agreement. The financial obligations incurred by you or any indemnification obligations by you shall survive the termination of this license.
3.7 Equitable Relief - You agree that a material breach of this Agreement by you would cause irreparable injury to Trova for which there may be no adequate remedy at law. Trova shall have the right to apply to any court of competent jurisdiction for injunctive relief and specific performance, without prejudice to any remedies available to it at law or in equity.
3.8 No Waiver - No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by Trova. The failure of Trova to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Trova to enforce each and every such provision thereafter.
You agree that Trova may collect and use information transmitted by you through the Software and/or gathered in any manner as part of the services provided to you, if any. Trova may also use any information collected to improve and enhance the Software and to provide notices to you which may be of use or interest to you. The Software contains components that enable and facilitate the use of certain technologies and Internet-based services. You acknowledge and agree that Trova may automatically check the version of the Software that has been installed on your computer system that you are utilizing and may provide updates, upgrades, or fixes to the Software. Trova will not collect any personally identifiable information from your computer location or workstation during this process. The Software may automatically download and install updates, upgrades, or fixes to the Software from Trova. These updates, upgrades, or fixes are designed to improve, enhance, and further develop your use of the Software. You agree to receive such updates, upgrades, or fixes (and permit Trova to deliver these to you) as part of your use of the Software.
Trova default search is powered by select search partners. A portion of advertising revenue generated from default search supports Trova financially. To facilitate this, search requests may redirect through a website owned by Trova or our search partners.
Trova may make changes to these terms and conditions from time to time at its sole discretion. When these changes are made, Trova will make any new terms and conditions available to you from within, or through, the Software or by other communication methods. You understand and agree that if you continue to use the Software after the date on which the Software terms and conditions have changed, such continued use of the Software shall be deemed as your acknowledgement and acceptance of the updated terms and conditions.
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