SIEN sofware license agreement


Beamrise browser

Last Updated: 01-09-2012

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING SIEN’S BROWSER BEAMRISE AND THE SIEN’S BROWSER BEAMRISE’S FEATURES SOFTWARE (COLLECTIVELY, THE “APPLICATION”).

THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN YOUR USE OF THE APPLICATION UNLESS YOU AND SIEN S.A. (“SIEN” OR “WE”) HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE APPLICATION.

SIEN’S BROWSER BEAMRISE is SIEN S.A. proprietary software that provides and Internet browser who facilitates access and use of connected services as (but not limited to) instant messaging, browsing, content usage and sharing, news feed.

SIEN S.A. is willing to license the Application to you only upon the condition that you accept all the terms contained in this Agreement. By clicking on the “I accept” button below or by downloading, installing or using the Application, you have indicated that you understand this Agreement and accept all of its terms.

1. Grant of License.

Conditioned upon your compliance with the terms and conditions of this Agreement, SIEN S.A. grants you a non-exclusive and non-transferable license for a single user to use the executable form of the Application on a single computer owned or controlled by you, solely for your personal, non-commercial purposes, as described herein. SIEN S.A. reserves all rights in the Application not expressly granted to you in this Agreement.

2. Services.

When you download, install or use any component of the Application to access and use various components thereof, including the SIEN’S BROWSER BEAMRISE, you acknowledge and agree that the SIEN’S BROWSER BEAMRISE homepage, accessible at search.beamrise.com, may be your default internet browser homepage as a result of such action. You may deactivate this default feature, once it has been installed, by accessing the SIEN’S BROWSER BEAMRISE’s menu “tools > Options > Basics” and selecting the appropriated search options. Other SIEN BROWSER BEAMRISE software features may be set as default features when you install the Application. You may specify during the installation process that you do not accept the SIEN’S BROWSER BEAMRISE and it will not be installed. If you install and/or update the SIEN’S BROWSER BEAMRISE you acknowledge and agree that the SIEN’S BROWSER BEAMRISE may be set as your default browser as a result of such action. You can change this and set any other Internet browser as your default browser, without uninstalling other SIEN software feature, by accessing the SIEN’S BROWSER BEAMRISE’s menu “tools > Options > Basics” and selecting the appropriated “Default browser” option. You can also uninstall the by accessing the SIEN’S BROWSER BEAMRISE’s menu “tools > Options > Basics” and selecting the appropriated “Default browser” option at anytime without uninstalling other SIEN software feature.

We reserve the right to add additional features or functions to the existing Application or components thereof. When installed on your computer, the Application periodically communicates with our servers. We may require the updating of the Application on your computer when we release a new version of the Application, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You are not obligated to use any of the features of the Application, including, but not limited to instant messaging chat, content & news feeds.

SIEN may modify your default search provider during your use of the Application. If you do not want to have your default search provider modified, you may refuse the modification as part of the Application installation process or, after installation, you may deactivate the modification of your search properties by accessing the SIEN’S BROWSER BEAMRISE’s menu “tools > Options > Basics” and selecting the appropriated “Default browser” option. SIEN’S BROWSER BEAMRISE may also redirect your Web Browser’s new tabs functionality to the SIEN’S BROWSER BEAMRISE search page during your use of the Application. You agree that, depending on your configuration, SIEN may install some or all of the following third party applications: Microsoft .NET Framework (which can be uninstalled using "Windows Installer CleanUp", available at http://support.microsoft.com/kb/290301) and Adobe Flash (which can be uninstalled by following the instructions at http://kb2.adobe.com/cps/141/tn_14157.html)

Uninstall:

If you wish to uninstall the SIEN’S BROWSER BEAMRISE go to "ADD OR REMOVE PROGRAM" dialog box in the Windows Control panel:

3. Restrictions.

Except as expressly specified in this Agreement, you agree not to do any of the following: (a) copy (except in the course of loading or installing) or modify the Application, including but not limited to adding new features or otherwise making adaptations that alter the functionality of the Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or (c) make the functionality of the Application available to multiple users through any means, including but not limited to by uploading the Application to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Application, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of SIEN and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Application, 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.

4. Ownership.

The copies of the Application are licensed, not sold. The Application is protected by the copyright laws of France and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as delivered to you.

5. Term.

The license granted under this Agreement remains in effect for a period of 75 years, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by destroying all copies of the Application in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from SIEN, if you breach any term of this Agreement. Upon termination, you must at SIEN’s option either promptly uninstall and destroy or return to SIEN all copies of the Application in your possession or control.

6. NO WARRANTY.

THE APPLICATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. SIEN 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 SIEN OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.

7. Limitation of Liability.

SIEN’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). IN NO EVENT WILL SIEN BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SIEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Export Law.

You agree to comply fully with all of France’s export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

9. General.

This Agreement will be governed by and construed in accordance with the laws of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without SIEN’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications permitted or required hereunder will be provided to you in one of the following ways: by posting on the SIEN Site, by email or through Application notifications. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and SIEN have executed a separate agreement.

10. Contact Information.

If you have any questions regarding this Agreement for BROWSER BEAMRISE, you may contact SIEN at contact@beamrise.com.