IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE USING PAGEBOOST SOFTWARE.
THIS EULA HAS BEEN UPDATED AND WILL BE EFFECTIVE FOR NEW USERS AS OF JANUARY 1ST, 2023.
The PageBoost software is a browser add-on/extension that provides the service of blocking advertisements and trackers from the web pages shown by any browser on which you can install the PageBoost software (as may be subject to future updates and/or upgrades, “Software”). The Software requires an Internet connection to function.
ASURVIO LP IS PLEASED TO LICENSE THE PAGEBOOST SOFWARE TO YOU AS THE INDIVIDUAL, COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, AGENCY, GOVERNMENT DEPARTMENT OR OTHER LEGAL ENTITY (“ENTITY”) THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TO BELOW AS “YOU” OR “YOUR”) ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS EULA AS WELL AS THE TERMS OF USE (HTTPS://WWW.PAGEBOOST.COM/TERMS/ OR ANY SUCCESSOR SITE). THIS EULA IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND PAGEBOOST. YOU MUST BE 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR PROVINCE, TERRITORY OR COUNTRY, TO BE AGREEING TO THIS EULA. BY USING THE SOFTWARE ON A FREE TRIAL BASIS FOR FIXED DURATION OF TIME OR BY COMPLETING YOUR ONLINE PURCHASE FOR A SUBSCRIPTION TO USE THE SOFTWARE (“SUBSCRIPTION”), INSTALLING THE DOWNLOADED SOFTWARE, OR OTHERWISE USING OR ACCESSING THE SOFTWARE ONLINE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ARE AGREEING TO THIS EULA ON BEHALF OF AN ENTITY THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY, AS ITS AUTHORIZED REPRESENTATIVE, TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, AND THAT ENTITY ON WHOSE BEHALF YOU ARE AGREEING TO THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, THEN DO NOT COMPLETE YOUR ONLINE PURCHASE, AND DO NOT USE OR ACCESS THIS SOFTWARE. AS AN ENTITY, YOU WILL BE RESPONSIBLE AND JOINTLY LIABLE WITH YOUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (“PERSONNEL”) FOR THEIR COMPLIANCE WITH THIS EULA WHEN USING THE SOFTWARE.
NO LICENSE IS GRANTED UNDER THIS EULA, AND THIS EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF PAGEBOOST’S SOFTWARE.
- License Grant and Scope. PageBoost hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license during the term of your Subscription to (a) download, install and use the Software on no more than three (3) devices (desktops, laptops, tablets, and/or mobile phones) to remove advertisements and trackers from webpages; and (b) access and use any portions of the Software through PageBoost’s website located at https://www.pageboost.comor any successor site (the “Site”), strictly in accordance with this EULA, the Site’s Privacy Policy (https://www.pageboost.com/privacy/or any successor site), and the Terms of Use (https://www.pageboost.com/terms/ or any successor site) incorporated herein by reference, such license subject to all conditions and limitations set forth in this EULA.
- GNU and Other Third Party Licenses: The Software may include some software programs that are licensed (or sublicensed) to You under the GNU General Public License (GPL) or other similar open source or free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code (“Open Source Software”). If such licenses require that the source code of any such Open Source Software included in the Software be made available, then the source code shall be made available to You upon Your sending a request to support@pageboost.com. If any Open Source Software licenses require that the Rightholder provide rights to use, copy or modify any Open Source Software that are broader than the rights granted in this EULA, then such rights shall take precedence over the rights and restrictions herein.
- Use Restrictions. You shall not directly or indirectly: remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or with the Software, or; use the Software in any manner that breaches this EULA or the Terms of Use or that could damage, disable, overburden or impair PageBoost’s online services; use the Software in violation of any law, regulation or rule; or use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service or any other purpose that is to the PageBoost’s commercial disadvantage.
- Responsibility for Use of Software. You are responsible and liable for all uses of the Software, included uses by your Personnel, through access thereto provided by You, directly or indirectly.
- Collection and Use of Information. You acknowledge that PageBoost may use automatic means to collect information about use of the Software. You also acknowledge that the functionality of the Software requires the Software to automatically monitor certain applications, including but not limited to internet browsers, and to process webpages in ways that may include processing information that resides on said webpages. This may include decryption and re-encryption of secure sockets layer (SSL) information locally on your device. You also may be required to provide certain information as a condition to downloading, installing or using the Software or certain of its features or functionality. All information PageBoost collects through or in connection with the Software is subject to the Privacy Policy at www.adremover.org/privacy. By downloading, installing, using and providing information to or through this Software or the Site, You consent to all actions taken by us with respect to information in compliance with the Privacy Policy.
- Intellectual Property Rights. You acknowledge and agrees that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this EULA, or any other rights thereto other than to use the same in accordance with the license granted, and subject to all terms, conditions and restrictions, under this EULA. PageBoost reserves and shall retain its entire right, title and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, except as expressly granted to you in this EULA. You shall safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.
- Term and Termination
This EULA and the license granted hereunder is effective for the duration of your Subscription Term (as defined in the Terms of Use).
• Upon expiration or earlier termination of this EULA in accordance with the Terms of Use, the license granted hereunder shall also terminate, and you shall cease using and destroy all copies of the Software. No expiration or termination shall affect your obligation to pay all fees that remain in accordance with Terms of Use. - Warranty Disclaimer & Limitation of Liability. The section titled “Disclaimers of Warranties and Limitations on Liability” in the Terms of Use shall be incorporated herein by reference and shall apply to all warranties, disclaimers and limitations of liability set forth in this EULA in respect of the Software.
- Export Regulation. The Software is subject to US export control laws, including the US Export Controls Act and associated regulations and may be subject to other US and foreign laws and regulations governing the export of software by physical and electronic means. You must also comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. You must not, directly or indirectly, export, re-export or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable US federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software available outside the US. You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (b) you are not listed on any US Government list of prohibited or restricted parties. You agree to comply with all applicable US and foreign laws that apply to PageBoost as well as end-user, end-use, and destination restrictions imposed by the US and/or foreign governments.
- US Government Rights. The Software and any accompanying documentation are commercial items, as such 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. §12.211, 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Accordingly, if you or the Entity you are acting for is the US Government or any contractor therefor, you shall receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, and other relevant sections of the Code of Federal Regulations with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
- Publicity. PageBoost, its affiliates and subsidiaries may use your name and logo (if any) on client lists in various forms (e.g., printed, online, etc.) and in other marketing and sales collateral, for the sole purpose of identifying you (or your Entity, as applicable) as a customer of PageBoost. In any use of your name or logo, PageBoost will comply, and cause its affiliates and subsidiaries to comply, with any logo usage guidelines that you may provide and PageBoost will promptly correct any errors of usage that you bring to PageBoost’s attention. PageBoost, its affiliates and subsidiaries may use your name, logo, website link, quote, and any other information that you may provide to develop press releases and other marketing and sales collateral in any form (e.g., print, audio, video, and other formats) that pertain to your use of the Software and associated PageBoost services (as defined in the Terms of Use). PageBoost may publish and freely distribute all such information, quote(s), or input. PageBoost will never broadly publish any personally identifiable information (except for your name) without your prior written consent. PageBoost is not obligated to publish or otherwise use any information or logo that you may provide. The rights that you grant to PageBoost, its affiliates and subsidiaries under this section are without any fee or royalty.
- Force Majeure. PageBoost and its affiliates shall not be liable for any failure to perform its obligations if such failure is as a result of an event outside the reasonable control of PageBoost. In such case PageBoost will use reasonable efforts to mitigate the effect of any such event. If such event continues for more than one (1) calendar month, either party may terminate the EULA with respect to services not yet performed upon written notice.
- AGREEMENT & COMMUNICATIONS. YOU AGREE TO THIS EULA ELECTRONICALLY AND AUTHORIZE PAGEBOOST TO PROVIDE ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE IN ELECTRONIC FORM. PAGEBOOST MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL; (2) ON THIS PAGE OR A SIMILAR PAGE OF THE SITE; OR (3) VIA THE SOFTWARE. The delivery of any notice is effective when sent or posted, regardless of whether you read the notice or actually receive the delivery. It is your responsibility to check this EULA periodically for changes. Your continued use of or access to the Software following the posting of any changes to this EULA constitutes acceptance of those changes. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.