BY CLICKING ON THE "SUBMIT", "DOWNLOAD", "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE APPLICABLE ENIGMA SOFTWARE GROUP PRODUCT SOFTWARE PRODUCT (THE "APPLICATION") AND USING THE APPLICATION YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS. THE APPLICATIONS INCLUDE ADORONS™ FIREWALL, ADORONS™ EASY SECURITY, AND ADORONS™ ANONYMOUS SURFING, EACH OF WHICH IS COVERED BY THIS AGREEMENT.
ALL OF THE APPLICATIONS MENTIONED IN THE FIRST PARAGRAPH COME WITH THE ADORONS EASY SECURITY™ BROWSER PLUGIN -- EACH OF WHICH IS A CUSTOMIZABLE BROWSER TOOLBAR WHICH PROVIDES END USERS WITH EASY ACCESS TO SECURITY AND PRIVACY FEATURES ALONG WITH SEARCH RESULTS FROM THE INTERNET IN JUST ONE CLICK AND ENHANCES YOUR BROWSER EXPERIENCE BY PROVIDING RELEVANT LINKS AND RESULTS IN RESPONSE TO MISSPELLED OR INCORRECTLY FORMATTED BROWSER ADDRESS REQUESTS.
THE APPLICATION ALLOWS YOU TO EASILY ACCESS ALL OF ITS FEATURES AND FUNCTIONALITY DIRECTLY FROM YOUR BROWSER. IT IS ALSO HIGHLY CUSTOMIZABLE AND ALLOWS YOU TO CREATE OR CHANGE YOUR OWN SECURITY AND PRIVACY PREFERENCES.
ALL APPLICATIONS ARE SPYWARE FREE AND NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED FOR USE.
Modification of Settings
Adorons Easy Security will modify your internet start page to http://search.adorons.com, if you wish to change your homepage back you may do so by clicking > Tools > Internet Options > General and in the box for Home Page enter the home page of your choosing.
1. License Grant
Subject to the terms and conditions of this Agreement, Enigma Software Group and its parents and subsidiary companies (collectively referred to as "ESGI", "we", "us" or "our") grant you a non-exclusive, revocable, limited license, to (a) download and install the most current version of the Application (including all updates thereto) and (b) use the Application(s) you download and install for your personal, non-commercial purposes.
2. License Conditions
(A). You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer any Applications or use any Applications for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Application, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to and may not create derivative works of the Application. All modifications or enhancements to the Applications remain the sole property of ESGI. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Application at any time, and we may at any time suspend or terminate any license hereunder and disable the Applications.
(B). We reserve the right to add additional features or functions to the existing Applications. 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. When updates are available, you will be notified and asked if you would like to update your software. You understand that we may require your review and acceptance of our then-current privacy policy and/or end user license agreement before you will be permitted a limited license for any subsequent versions of our Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application.
(C). Section 2C applies only to customers who have purchased Adorons Anonymous Surfing. Adorons Anonymous Surfing is an Online Service that operates independently from this software. Customers who have purchased Adorons Anonymous Surfing shall have the right to use the service for a period of 12 months, and shall be bound by the Terms of Service outlined at the URL http://anon.adorons.com/terms.shtml. This License does not otherwise permit You to obtain and use other Enigma Software Group services or software. When you purchase Adorons Anonymous Surfing services, your account will configured for automatic billing. If you choose not to utilize our automatic billing option, you can change this option only by sending an e-mail to Technical Support from the webpage http://anon.adorons.com. We will not bill you for continued service when your account expires and it will be your responsibility to renew your account if you desire continued service. If you remain on automatic billing, your account will automatically renew at the end of your subscription and your credit card will be billed accordingly.
(D). Anti Piracy Provision - In our effort to prevent abuse of our free trial for adorons anonymous surfing, we generate an anonymous unique identifier to your machine. While you have the our applications installed, this number will be included in your Internet Explorer user agent string. This is created for the sole purpose of preventing users from continuing to download the free trial and use our anonymous surfing services without payment.
3. Ownership
You acknowledge and agree that the Application is licensed, not sold to you by ESGI. You acknowledge that the Application, including all code, content, protocols, software, and documentation provided to you by ESGI in conjunction with the Application or our services are ESGI's property or the property of ESGI's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on any Application. All rights not expressly granted hereunder are expressly reserved to ESGI and ESGI's licensors. ADORONS FIREWALL™, and other marks and logos are trademarks of Enigma Software Group, Inc. All Rights Reserved.
4. Content and Infringement
You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Applications or our services, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using an Application, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will ESGI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Application.
We are not responsible for any content such as audio, video, text or any other, files owned by users of the Applications. All of the Applications are exposed to various security issues, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.
In addition, all content made available or accessed through the Applications is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.
ESGI respects and expects its users to respect the rights of copyright holders. On notice, ESGI will act appropriately to remove content under our control that infringes the copyright rights of others. ESGI reserves the right to disable the access to the Applications and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement at the following website: http://www.enigmasoftware.com/about_us_practices.php.
5. Installation, Operation and Removal
The Application does not collect any unique information about you (such as your name, email address, etc.). Further, the Application does not: (i) collect or report back to us any information about sites you visit on the Internet; (ii) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (iii) serve pop-ups when you are on other websites; or (iv) collect or report back to ESGI any data regarding your computer keystrokes or other data unrelated to the services the Application provides. ESGI may obtain unique information about you through use of the Application or website only if you specifically and knowingly provide such information in connection with personalizing the Adorons website (an Internet portal which may be linked to from the Application) or if you contact us directly with a question or comment.
In connection with the delivery of search services and content, the Application does communicate with our servers and use cookies. All such activities are conducted strictly on a non-personally identifiable basis, as described in greater detail below.
The Application, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the distribution source of the Application used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords.
Importantly, all information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about search activity is evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order, or to protect someone's safety.
The Application also uses "cookies". We do this for two reasons. First, we use the cookies to store a code designating a distribution source for each Application. This information allows us to properly distinguish Applications for purposes of compensating third parties who distribute our product and to analyze retention and usage on an aggregated basis. Second, the Application uses cookies to store user preferences. For example, we may use a cookie to record which search engine you have selected as your default provider. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order or to protect someone's safety.
The Application also may send a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Application, as outlined above. Again, all of this information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences and providing us with data on an aggregated basis relating to retention, usage, and monetization.
The Application is also subject to the Enigma Software Group Privacy Policy, located at http://www.enigmasoftware.com/privacy.shtml.
If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall any and all of the Applications from your computer. You may uninstall or remove the Application at any time by following the instructions on our website at http://www.adorons.com/uninstall.html, or using the Windows add/remove programs function to remove the following programs, depending upon which ESGI components you may have elected to install:
Adorons Firewall
Adorons Easy Security
Adorons Anonymous Surfing
You understand, acknowledge and agree that the Application includes software that allows us to distribute updates and fixes. Such updates will occur only upon prior notice to you. All such updates shall be governed by and made in compliance with this Agreement and the Enigma Software Group Privacy Policy.
6. Your Obligations
You represent and warrant that you are either the owner or an authorized user of the computer where the Application is installed. No registration is required to use the Applications, However, if you elect to provide any information in connection with the use of any other services ESGI offers, you agree to provide and to maintain fully accurate, complete and current information. If ESGI has reasonable grounds to suspect that such information is inaccurate, not current or not complete, ESGI has the right to suspend or terminate your use of the Application or our services, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the ESGI services and Application. You agree not to use the Application or any other services provided by ESGI to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.
7. Access and Interference; Passwords
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Applications, services or content, except to remove our Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation, which may inadvertently be transferred to your computer through your use of the Application.
In order to access certain services which may from time to time be offered by ESGI, you may be required to pay fees, accept additional terms and conditions and/or, establish an account including an unique identification code or name (an "ID") and password (a "Password"). You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
8. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by ESGI to download the software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APPLICATION OR SERVICES OFFERED BY ESGI. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9. Disclaimer of Warranty
YOU ACCESS AND USE OF THE APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITES AT YOUR SOLE RISK.
WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR OUR SERVICES.
NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR ESGI'S SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR ESGI'S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE CAN IDENTIFY AND IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
10. Termination
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Applications in your possession or control. We may terminate this Agreement, disable Applications or cease providing any service at any time in our sole discretion.
11. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ESGI, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR ESGI SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF ESGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN THE PROTECTED PARTIES' AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY ESGI PER USER OF THE APPLICATION PER MONTH AS CALCULATED BY ESGI BASED ON THE USE OF THE APPLICATIONS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY ESGI) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN A APPLICATION USER. THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS' FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH THE APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING THE APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF THE APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF THE APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Export Controls
The Application and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Application, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
13. Notice to Government End Users
Any Application, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. § 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
14. Applicable Law
By accessing or using the Application or our services, you agree that the substantive laws of the State of New York in the United States of America shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) any or all of the services or the Application, and that such laws shall apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth below, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ESGI Service, any Application or the ESGI Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Arbitration
Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude ESGI from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in New York, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
16. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the ESGI website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.
You agree that your continued use of any Application or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail through a contact form on our website www.enigmasoftware.com that you do not accept the successor Agreement and remove all of our Applications from your computer and cease all access to and use of our services hereunder. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current Agreement.
17. Order of Precedence
This Agreement and any accepted successor Agreement governs your use of our Applications and our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Applications or services, conflicts with any provision of other agreements between you and ESGI or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement.
18. REFUND POLICY
Section 18 applies only to customer who have purchased a subscription to Adorons Anonymous Surfing.
Subscriptions to Adorons Anonymous Surfing are NOT refundable. Enigma Software Group Inc. reserves the right to award refunds to a customer on a per case basis. Under no circumstances will a refund be awarded that exceeds the purchase price of the product. Before contacting us for a refund, please contact our customer support department to try and solve the problem that you have. You may contact us by opening up a customer support ticket on the following webpage: http://anon.adorons.com/support/
In order to qualify for a refund, you must provide your correct e-mail address and/or mailing address to Enigma Software Group Inc. Enigma Software Group Inc. will not be liable for any claims of non-receipt of merchandise, and/or non-receipt of a "Refund Claim Form" that was a result of an incorrect email address and/or mailing address provided by you to Enigma Software Group Inc. The customer is responsible for providing a correct/working e-mail address.
Fraudulent Credit Card Charges or Fraudulent Claims - All requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.
THERE ARE ABSOLUTELY NO CANCELLATIONS OF ONLINE ORDERS THAT HAVE BEEN PROGRAMMED FOR IMMEDIATE DOWNLOAD ACCESS. NOR WILL WE ACCEPT CLAIMS OF MISSING THE IMMEDIATE ONLINE LINKS THAT WERE PROVIDED TO YOU TO DOWNLOAD YOUR ORDER. THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY.
Enigma Software Group Inc. reserves the right to modify this Refund Policy at its sole discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on Enigma Software Group Inc. Web sites. You agree to periodically review our Web sites, including the current version of our Refund Policy. Our refund policy is made available on our Web sites. It is your obligation to review our refund policy for any such revisions.
19. General
This Agreement, as modified from time to time as described above, and including the ESGI Privacy Policy, Terms of Service and any other policies incorporated by reference, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Applications or our services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Applications and our services. Except as otherwise provided in this Agreement, you shall not thereby be entitled to any refund or credit. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by ESGI or acts as estoppel against later enforcement. Subject to the terms of the Order of Precedence set forth above, this Agreement constitutes the entire agreement between you and ESGI with respect to the specific subject matter addressed herein, and governs your use of the Application and our services, superseding any prior agreements between you and ESGI or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with ESGI or its affiliates or related entities pursuant to a registration to access additional software or services provided by ESGI. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of ESGI. ESGI shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of ESGI. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-4, 7-15 and 18 of this Agreement will survive any expiration, cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
The ESGI software and the services are not intended for use by or availability to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY APPLICATIONS AND YOU MAY NOT ACCESS ESGI SERVICES OR THE WEB SITES.
VERSION: 1.0
EFFECTIVE DATE: March 3rd, 2005.
