End-User License Agreement
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA") BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR APPLICATION OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY THE "SOFTWARE"). THIS IS A LEGAL AGREEMENT BETWEEN Smart Media Technology Inc.. ("hopbar.com") AND YOU. THIS EULA IS BETWEEN Smart Media Technology Inc. AND YOU, AND NO OTHER THIRD PARTY OR ITS SUBSIDIARIES ARE A PARTY TO THIS EULA. THIS EULA, THE hopbar.com PRIVACY POLICIES AND THE CONTENT SHARING TERMS OF SERVICE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE, GOVERN YOUR ACCESS TO AND USE OF THE SOFTWARE.
Smart Media Technology Inc. is willing to license the Software to you only upon the condition that you accept all the terms contained in this EULA. By selecting the "Next" button (or similar language provided by us) or by downloading, installing or using the Software, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
We recommend that you print out or save a local copy of this EULA for your records. 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 Smart Media Technology Inc. is unwilling to license the Software to you, you may not access or use the Software and any use of the Software by you will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.
In addition, by accessing and using the Software you acknowledge and agree to the privacy and legal policies contained hereof.
Smart Media Technology Inc. reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. By continuing to use the Software after Smart Media Technology Inc. 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 cease using the Software.
License to Software and Use.
2.1. Conditioned upon your compliance with the terms and conditions of this EULA, Smart Media Technology Inc. hereby grants to you a limited, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of 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. Smart Media Technology Inc. reserves all rights in the Software not expressly granted to you in this EULA.
2.2. As part of the installation process of the Software, you may opt to add certain changes to your Internet Browser settings and/or your mobile device settings and/or your social network account settings. Such changes may be approved by you in advanced and can be reconfigured by you at any time from the "Options Menu" available in the Software, in the configuration options available on your Internet Browser and/or in your mobile device or from within your social network account. Such changes may include, without limitation, the following:
2.2.1. Change of the default search engine in your Internet Browser's built-in search box, if applicable;
2.2.2. Change of the default Homepage of your Internet Browser, if applicable;
2.2.3. Addition of alternative "Page not Found" functionality, if applicable;
2.2.4. Additional search related services;
2.2.5. Allowing software updates of the Software once a new version is released and the ability to send notifications.
2.2.6. Allowing Smart Media Technology Inc. access to location-based information.
2.2.7. Allowing Smart Media Technology Inc. access to information contained on your Social Network account and/or site.
2.3. To uninstall the Software, you may use the standard uninstall procedures offered by your device's Operating System or your Internet Browser. For example, To Uninstall an app from your desktop:
2.3.1. Uninstall from Internet Explorer ñ go to the Microsoft Windows "Add/Remove Programs" menu in either the My Computer/Control Panel option or the Settings/Control Panel option. Once you access the Control Panel option, select "Add/Remove Programs", find the Software in the list of installed applications and click on it, then click on the "Change/Remove" button.
2.3.2. Uninstall from Firefox ñ go to the "Tools" Menu, Select "Extensions", find the Software in the list of installed extensions and click on it, the click on the "Uninstall" button.
2.3.3. uninstall from Chrome ñ go to the tools-> "Extensions" Page, find the extension name and click on the Remove button.
3.1. 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 Smart Media Technology Inc. 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 Smart Media Technology Inc. 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.
3.2. 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" is 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 Smart Media Technology Inc. hereby disclaims any and all liability to you or any third party related thereto.
4.1. The Software is licensed, not sold to you. You agree that Smart Media Technology Inc. owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein.
Privacy and Legal Rights.
5.1. Smart Media Technology Inc. is committed to protecting the privacy and legal rights of the publishers and the users that use the hopbar.com Platform. hopbar.com does not collect the personally identifiable information of users via the Software. In addition, as part of hopbar.com's terms of service and user agreements, among other requirements, Smart Media Technology Inc. prohibits the violation of a userís privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by Smart Media Technology Inc., in its sole discretion. The hopbar.com Privacy Policies (available at http://www.hopbar.com/privacy.html) contain information about hopbar.com's policies and procedures regarding the collection, use and disclosure of information hopbar.com receive from users of the hopbar.com Platform.
5.2. If you believe that your legal or privacy rights have been violated while using the Software, Smart Media Technology Inc. encourages you to report such matters to Smart Media Technology Inc. at your earliest convenience. Smart Media Technology Inc. will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Smart Media Technology Inc.'s commitment to providing a positive user experience.
5.3. You hereby acknowledge and agree that the Software may periodically send technical data and related information to Smart Media Technology Inc. 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 about your computer or device (whether mobile device or other), and/or internet browser and/or system.
Representations and Warranties. You agree to comply with all applicable laws, rules and regulations when using the Software. You will not use the Software to infringe anyone's copyrights.
Smart Media Technology Inc. is not obligated to maintain or support the Software, or to provide you with updates, fixes, or services related thereto. You understand that by using the Software, you may encounter Third Party content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Software at your own risk and that Smart Media Technology Inc. shall not have any liability to you with respect to such content.
Disclaimer of Warranty.
You expressly acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. Smart Media Technology Inc. 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 Smart Media Technology Inc. OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Smart Media Technology Inc. DOES NOT REPRESENT OR WARRANT THAT: (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SOFTWARE OR ANY OF THIRD PARTY CONTENT WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SOFTWARE, ANY THIRD PARTY CONTENT AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE SOFTWARE, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE Smart Media Technology Inc. AND Smart Media Technology Inc.'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. Smart Media Technology Inc. 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 CONTENT 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 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 Smart Media Technology Inc., ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "Smart Media Technology Inc.") AND Smart Media Technology Inc.'S THIRD PARTY LICENSORS 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 PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE Smart Media Technology Inc. OR ITS THIRD PARTY LICENSORS WERE 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 Smart Media Technology Inc.'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.
You agree to indemnify and hold the Smart Media Technology Inc. harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to or are based on your breach of this EULA or your use of the Software.
Term and Termination.
Your license 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 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 terminate automatically if you breach any term of this EULA. Upon termination, you must at Smart Media Technology Inc.'s option either promptly destroy or return to Smart Media Technology Inc. all copies of the Software in your possession or control.
(a) This EULA and all the policies referenced herein constitute the entire agreement between Smart Media Technology Inc. and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Smart Media Technology Inc.. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of New York, without regard to its conflicts of laws provisions. All actions relating to this EULA and the Software shall be brought in the competent court in the State of New York. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) 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. Smart Media Technology Inc. reserves the right, at our discretion, to update or revise this EULA. (f) 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. (g) You may not assign your rights under this EULA to any party without Smart Media Technology Inc.'s consent. (h) 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. (i) Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and Smart Media Technology Inc., and you do not have any authority to create any obligation or make any representation on Smart Media Technology Inc.'s behalf. (j) If you have any questions about the Software, please visit the our website at http://www.hopbar.com/.
If you have any questions, complaints and/or claims, you may contact hopbar.com at: