Mozilla Firefox Website Services Agreement
Version 3.0, June 2008
During the Mozilla Firefox installation process, and at later times, you may be given the option of installing additional components from third-party software providers. The installation and use of those third-party components may be governed by additional license agreements.
In this Mozilla Firefox Website Services Agreement ("Agreement"), the accompanying executable version of Mozilla Firefox shall be referred to as "the Product".
The Product utilizes website information services ("Services"), such as safe-browsing features, which are provided by the Mozilla Corporation ("Mozilla") and made available to you subject to the terms below. By using the Services, you consent to the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Services and disable the Services in the preferences/security menu.
- USE OF SERVICES. Mozilla permits you to use the Services via the Product. This Agreement will also govern the use of Services made available to you as a result of your installing any executable software upgrades to the Product provided to you by Red Hat, Inc., where those Services replace and/or supplement the Services provided through use of the Product. In such a case, "the Product" shall also refer to such installed upgrades. However, if such upgrades are accompanied by a separate agreement from Mozilla, the terms of that agreement will govern.
- TERMINATION. If you breach this Agreement your right to use the Services will terminate immediately and without notice, but all provisions of this Agreement except the Use of Services (Paragraph 1) will survive termination and continue in effect.
- PROPRIETARY RIGHTS. Subject to this Agreement and to all applicable licensing terms governing your use of the Product, Mozilla, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Services, 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 agreement does not grant you any right to use the trademarks, service marks or logos of Mozilla or its licensors. Nothing in this Agreement shall be construed to limit any rights granted under open source licenses applicable to the Product and to corresponding source code versions of the Product.
- WEBSITE INFORMATION SERVICES. Mozilla and its contributors, licensors and partners work to provide the most accurate and up-to-date 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.
- DISCLAIMER OF WARRANTY. THE PRODUCT AND SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND MOZILLA'S DISTRIBUTORS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT AND SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE PRODUCT AND SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT AND SERVICES. 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.
- LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, MOZILLA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "MOZILLA GROUP") 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 AND THE SERVICES, 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 MOZILLA GROUP'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE 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.
- U.S. GOVERNMENT END-USERS. This Product is a "commercial item," as that term is defined in 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 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth therein.
- MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Mozilla. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) 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. (e) 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. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.