End User License Agreement
IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:
UTCONTEXTUAL SOFTWARE SUPPORTED CONTENT
DESCRIPTION.
UTContextual software is required in order to access free JustCompetitions supported
content. UTContextual displays advertisements, such as pop-up and pop-under.
These ads pop up in front or behind your browser, in a separate browser on your
computer, only when you browse the Internet online, according to the pages you
visit and could include online gambling advertising (except to US residents).
You won’t receive more then 4 ads per 24 hours period, with a minimum
interval of 10 minutes between each ad.
DEFINITION.
This license agreement (the "License Agreement") for UTContextual
software and the JustCompetitions Content, including versions customized for
third parties (the "Software"), is a legal agreement between you (either
an individual or an entity) who is being licensed to use the Software and/or
content.
AGREEMENT.
By clicking on the "Download" button, installing, copying or otherwise
using the Software, you agree that your use of the software acknowledges that
you are of the age of majority as this term is defined in the jurisdiction where
you are domiciled, that you have read this license, understand it, and agree
to be bound by its terms and conditions. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE.
INTELLECTUAL PROPERTY.
Title, ownership rights, and intellectual property rights in and to the Software
and any type of incidental documentation (the “Documentation”) shall
remain to UTContextual and/or its suppliers. The Software is protected by copyright
laws and international copyright treaties. Title, ownership rights and intellectual
property rights in and to the content accessed through the Software including
the content contained in the Software media demonstration files shall be retained
by the applicable content owner and may be protected by applicable copyright
or other laws. This License Agreement gives you no rights to such content.
PRIVACY POLICY.
UTContextual does not collect any personally identifying information. To summarize
key terms of the Privacy Policy: UTContextual services may store one or more
cookies to your computer. UTContextual does not store personal data about each
user just a unique identity tag for the purpose of running the software.
UTContextual uses cookies to improve the quality and security of its services
by assigning each copy of the Software a unique Software identity code and record
information that your browser sends whenever you visit a website. UTContextual
also uses cookies to personalize online user experience by storing product and
service information, information on Software downloads and updates, systems
information, content preferences.
The information is stored locally on a user’s personal computer and on
UTContextual servers and is sent to and from such servers as part of routine
product communications that enable functionality.
AUTOMATIC COMMUNICATIONS FEATURES.
The Software consists of interactive Internet applications which perform a variety
of communications over the Internet as part of their normal operation. A number
of communication features are automatic and are enabled by default.
Such automatic communication features do not send any personally identifiable
information about you without your consent. By installing and/or using the Software,
you consent to the Software's communication features. Also, you are responsible
for any telecommunications or other connectivity charges incurred through your
use of the Software.
The Software automatically communicates with UTContextual servers on the Internet
to check for updates to the Software, such as bug fixes, patches, enhanced functions,
and new versions. UTContextual may also notify you when updates are available
from time to time. By installing the Software, you agree that UTContextual may
upload updates and install them as part of your Software. All such updates to
the Software are governed by this License Agreement, unless other license terms
are provided with the update..
DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").
The Software may include third party DRMs as plug-in components which are subject
to their own license agreements. DRMs are designed to manage and enforce intellectual
property rights in digital content purchased over the Internet. You may not
take any action to circumvent or defeat the security or content usage rules
provided or enforced by either the DRM or the Software. DRMs may be able to
revoke your ability to use applicable content.
UTContextual is not responsible for the operation of the DRM in any way, including
revocation of your content. UTContextual is not responsible for any communications
to or from any third party DRM provider, or for the collection or use of information
by third party DRMs.
You consent to the communications enabled and/or performed by the DRM, including
automatic updating of the DRM without further notice, despite the provisions
of Section. You agree to indemnify and hold harmless UTContextual for any claim
relating to your use of a third party DRM.
HOWTO PAUSE OR UNINSTALL UTCONTEXTUAL.
When UTContextual is running you will see the UTContextual star in your system
tray. Simply right click on it to access the menu. You can pause and resume
UTContextual at anytime to let you surf the internet without being disturbed.
Simply access the UTContextual menu and choose the item "Pause UTContextual
/ Resume UTContextual".
To uninstall UTContextual or the supported content, simply select the appropriate
entry in your Control Panel using the “Add or Remove Programs” icon.
LINKS.
The service may include links to third parties websites. UTContextual has no
control on the websites that are linked with the service and it is not responsible
for their content nor does it endorse the material contained on such websites.
Access to such website is at your own discretion and risk.
CONFIDENTIALITY.
The Software contains trade secrets and proprietary know-how that belong to
UTContextual or to third parties and it is made available to you in strict confidence.
ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE THIRD PARTY SOFTWARE, OR OF
ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH
THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS AND INTELLECTUAL PROPERTY RIGHTS.
DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND.
UTContextual DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED
OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR SECURE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, UTContextual FURTHER DISCLAIMS ALL WARRANTIES;
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION
REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTCONTEXTUAL
OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF UTContextual HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under the
terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble
(except to the extent that this restriction is expressly prohibited by law)
or create derivative works based upon the Software or Documentation; (iii) copy
the Software or Documentation (except for back-up or archival purposes); (iv)
rent, lease, transfer, or otherwise transfer rights to the Software or Documentation;
or (v) remove any proprietary notices or labels on the Software or Documentation.
Any such forbidden use shall immediately terminate this License Agreement.
b) You agree that you shall only use the Software and Documentation in a manner
that complies with all applicable laws in the jurisdictions in which you use
the Software and Documentation, including, but not limited to, applicable restrictions
concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. You
may not use the Software in any way to provide, or as part of, any commercial
service or application. Copies of content files, including, but not limited
to songs and other audio recordings and game executables, associated game files,
patches, mods, or other game-related information other than shareware versions
of games, which are downloaded, copied, or played using the Software, and which
are protected by the copyright laws or related laws of any jurisdiction, are
for your own personal use only and may not be distributed to third parties or
performed outside your normal circle of family and social acquaintances subject
to the specific licensing terms of that content.
d) You may not use the Software in an attempt to or in conjunction with, any
device, program or service designed to circumvent technological measures employed
to control access to, or the rights in, a content file or other work protected
by the copyright laws of any jurisdiction.
INDEMNIFICATION
This Software is intended for use only with properly licensed media, content
and content creation tools. It is your responsibility to ascertain whether any
copyright, patent or other licenses are necessary and to obtain any such licenses
to serve and/or create, compress or download such media and content. You agree
to download, install, and play only those materials for which you have the necessary
patent, copyright and other permissions, licenses, and/or clearances. You agree
to hold harmless, indemnify and defend UTContextual, its officers, affiliates,
directors and employees, from and against any losses, damages, fines and expenses
(including attorneys' fees and costs) arising out of or relating to any claims
that you have (i) viewed, downloaded, installed, copied or transmitted any materials
(other than materials provided by UTContextual) in connection with the Software
in violation of another party's rights or in violation of any law, or (ii) violated
any terms of this License Agreement.
TERMINATION
This License Agreement will automatically terminate if you fail to comply with
any term hereof. No notice shall be required from UTContextual to effect such
termination. You may also terminate this License Agreement at any time by destroying
the Software in your possession. Upon any termination of this License Agreement,
you shall immediately discontinue use of the Software and shall destroy all
full or partial copies of the Software, documentation, and related materials
provided by UTContextual.