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Fishpowered browser terms of use

The executable/installable version of Fishpowered browser and related documentation (the "Product") is made available to you under the terms of this FISHPOWERED BROWSER TERMS OF USE (THE "AGREEMENT"). BY INSTALLING OR USING THE FISHPOWERED BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE FISHPOWERED BROWSER.

  1. LICENSE GRANT. Fishpowered browser (Matthew Pike) grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by Fishpowered browser (Matthew Pike) that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
  2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.
  3. PROPRIETARY RIGHTS. Subject to the foregoing, Fishpowered browser (Matthew Pike), for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of Fishpowered browser (Matthew Pike) or its licensors.
  4. PRIVACY POLICY. You agree to the Fishpowered browser Privacy Policy, made available online at https://fishpowered.net/privacy-policy-full.html, as that policy may be changed from time to time. When Fishpowered browser (Matthew Pike) changes the policy in a material way a notice will be posted on the Google Play store app listing and when any change is made in the privacy policy, the updated policy will be posted at the above link. It is your responsibility to ensure that you understand the terms of the privacy policy, so you should periodically check the current version of the policy for changes.
  5. INFORMATION SERVICES. Fishpowered browser (Matthew Pike) and its contributors, licensors and partners work to provide the most accurate and up-to-date security, phishing and malware information. However, they cannot guarantee that this information is comprehensive and error-free: some risky sites may not be identified, and some safe sites may be identified in error.
  6. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, Fishpowered browser (Matthew Pike)'s DISTRIBUTORS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
  7. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, FISHPOWERED BROWSER (Matthew Pike) AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. FISHPOWERED BROWSER (Matthew Pike)'s COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $0 (ZERO DOLLARS) AND THE FEES PAID BY YOU UNDER THE LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
  8. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
  9. MISCELLANEOUS.
    • This Agreement constitutes the entire agreement between Fishpowered browser (Matthew Pike) and you concerning the subject matter hereof.
    • Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the European Union, excluding its conflict of law provisions.
    • If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
    • A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
    • Except as required by law, the controlling language of this Agreement is English.
    • You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; Fishpowered browser (Matthew Pike) may assign its rights under this Agreement without condition.
    • This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.