1. GENERAL CONDITION
1.1. This license agreement (“the Agreement”) establishes the rules and conditions of the use of a computer program – Woogamble Browser (“the Product”) and is being concluded between any person using the Product on any grounds and conditions (“the User”) and Woogable Ltd (“the Right Holder’’).
The Right Holder – Woogable Ltd, having its registered office at 81 Broadlands Road, Southampton, SO17 3AP, England.
The Product – the computer program, its elements created by the Right Holder himself or through third parties and distributed by the Right Holder with indication that they purport to be the Woogamble Browser.
1.2. The Agreement is deemed to be concluded upon copying, or installation on a private (personal) device(s) of the User, or beginning of use, or other actions performed by the User with respect to the Product, associated with the use of the latter.
1.3. Performing any of the actions specified in paragraph 1.2 of the Agreement the User accepts fully and without exceptions the terms of the Agreement and undertakes to comply with them. Thus:
- the User guarantees that it is not subject to any restrictions under the laws of country of his (her) residence or the country of his (her) citizenship and that he (she) has obtained all necessary permissions to use the product
- the User gives his (her) consent to the collection, storage, use by the Right Holder of all necessary information on the use of the Product by the User.
In case the User disagrees with any provision of this Agreement, he (she) has no right to use the Product or perform any actions with respect to it.
1.4. This Agreement shall be governed by the laws of the United Kingdom. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the competent court at the location of the Right Holder in accordance with the substantive and procedural laws of the United Kingdom.
2. INTELLECTUAL PROPERTY
2.1. All exclusive rights to the Product belong to the Right Holder.
2.2. The Right Holder does not grant or assign to the User the exclusive rights to results of intellectual activity, including any related computer programs that are required for effective use of the product.
3. USE OF THE PRODUCT AND THE LICENSE
3.1. The product is designed to automate actions of the User on the installation of secured VPN connection for the purpose of access to online resources, which can be blocked by Internet service provider. Use of the Product by the User shall be on a free-of-charge basis.
3.2. The software product Woogamble @ Windows is supplied in a form of the installation program, developed on the NSIS (the license text is provided in the annex hereof). The following components of the Product shall be installed on a personal device of the User:
b. Woogamble Browser, which is developed on the basis of Chromium (the license text is provided in the annex hereof);
c. OpenVPN client (the license text is provided in the annex hereof);
d. Woogamble Service – Windows Service, performing the control of the state of the VPN connection. Woogamble Service manages the configuration of OpenVPN, downloads certificates and connection settings, starts / stops OpenVPN service.
e. Woogamble Agent – tray application designed for interaction with Woogamble Service.
3.3. The Product supports the automatic updating of components.
The Product may at any time automatically download and install updates, which are aimed to its improvement and can be in any form, including patches, additional modules and completely new versions.
The User hereby acknowledges and agrees with automatic updates of the Product, including the request for download and installation of updates of the Product on personal device of the User without any further notifications. The User also acknowledges and agrees that the relative updates are subject to this Agreement, unless otherwise specified by an update.
3.4. The product can be used by the User only for personal, non-commercial purposes.
3.5. Subject to the terms and conditions of this Agreement the Right Holder grants the User on a free-of-charge basis a non-exclusive license to use the Product in the following ways:
- for its intended functional purposes, including the installation on personal device(s);
- launching and work with the Product;
- carrying out actions necessary for the operation of the Product in accordance with its purpose, including recording and storage in memory.
3.6. The User may not:
- use the Product by means other than specified in the Agreement;
- reprocess, make changes to the Product without prior consent of the Right Holder.
3.7. This Agreement shall apply to all future updates/new versions of the Product.
3.8. The Product may be used on the operating system Android (license text to the library used is provided in the annex hereof).
3.9. The Right Holder is entitled to independently without prior notification of the User at any time suspend the operation of the Product to technical and/or other reasons at the discretion of the Right Holder.
4. RIGHTS OF THIRD PARTIES
4.1. During the development and use of the Product the rights of intellectual property, that belong to third parties, were used and/or are being used. The Right Holder lawfully uses these rights.
4.2. Woogamble Browser is integrated with Adobe Flash technology by means of Chromium.
Adobe R Flash R Player. Copyright © 1996 – 2010. Adobe Systems Incorporated.
All rights reserved. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries.
4.3. When designing Woogamble Service the following libraries C++ were used (the texts of all licenses are provided in the annex hereof)
5. LIABILITIES OF THE PARTIES
5.1. The Product is provided on the terms “as is”. The Right Holder makes no warranties in respect to the work of the Product, its compliance with specific goals and expectations of the User, as well as no other warranties that are not directly stated in this Agreement.
5.2. The Right Holder shall not be liable for any direct or indirect consequences of any use of inability to use the Product and/or damage caused to the User, his (her) personal devices, software, other property and/or third parties as a result of any use or non-use of the Product, including possible errors or malfunctions of the Product.
5.3. In case of violation by the User of this Agreement or other rules established by the Right Holder, the latter has the right to unilaterally restrict the use of the Product by the User, as well as to refuse to the User further use of the Product without reimbursement of any compensation to the user.
6. CHANGE OF TERMS OF THIS AGREEMENT
6.1. This Agreement may be changed unilaterally by the Right Holder. The Right Holder notifies the User about changes of the terms of this Agreement by any of the following methods:
- publishes the notification at the address: 81 Broadlands Road, Southampton, SO17 3AP, England
The changes in the terms of this License Agreement shall enter into force on the date of their publication, unless otherwise specified in the relevant publication.