Terms and conditions

    • The accompanying executable code version of the Orbitum Browser (the "Product") is made available to you under the terms of this End-User Software License Agreement (the "Agreement"). By clicking the "Accept" button, or by installing or using the Orbitum 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 click the "Accept" button, and do not install or use any part of the Orbitum Browser.

  • 1. LICENSE GRANT
    • The Bergarius Ltd. company 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 Bergarius Ltd. 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
    • Bergarius Ltd. 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 Bergarius Ltd.

  • 4. PERSONAL INFORMATION You agree that Bergarius Ltd. will collect your personal information such as:
    • - information which identifies you, like your name or email address; or
    • - a combination of several pieces of information which couldn't identify you on their own, but which we believe could become identifiable to you when combined.
    • Any information that falls outside of this is "non-personal information." If we store your personal information with information that is non-personal, we will consider the combination as personal information.
    • Bergarius Ltd. use and share personal information about their users for their benefit only.
  • 5. WEBSITE INFORMATION SERVICES
    • Bergarius Ltd. work to provide the most accurate and up-to-date phishing and malware information. However, Bergarius Ltd. 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, Bergarius Ltd. 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, Bergarius Ltd. 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. The Bergarius Ltd. 's liability under this Agreement will not exceed the greater of $100 (One hundred 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. MISCELLANEOUS
    • (a) This Agreement constitutes the entire agreement between Bergarius Ltd. and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Bergarius Ltd.

      (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of Cyprus, excluding its conflict of law provisions.

      (c) 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.

      (d) 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.

      (e) Except as required by law, the controlling language of this Agreement is English.

      (f) Bergarius Ltd. may assign its rights under this Agreement without condition.

      (g) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.

November 11, 2013
Bergarius Limited
Adress:
Georgiou Gennadiou, 10
AgathangeloS Court, Flat/Office 403
3041, Limassol, Cyprus