This End-user License Agreement constitutea binding, contractual agreement (“Agreement”) between you and Adblock LabsInc. (“Adblock Labs”). This Agreement applies solely to your use of thesoftware, updates, plug-ins and services associated with the Adblock software applicationwith which this Agreement is provided (the “Application”). This Agreement alsoincorporates the terms and conditions of the Adblock Labs Terms of Service and the Adblock Labs Privacy Policy. This Agreement limitsyour rights and remedies and we encourage you to become familiar with theprovisions of this Agreement and incorporated terms before accepting thisAgreement or installing the Application. By accepting this Agreement or byinstalling or using the Application, you are indicating your acceptance andagreeing to all the terms and conditions of this Agreement, including theabove-referenced Adblock Labs Terms of Services and Privacy Policy. If you donot accept and agree to the all of the terms and conditions of the Agreement,you must not use or install the Application. If you are less than 18 years ofage,lease ask your parent or guardian install the Application for you. If youare less than 13 year of age, we ask that you do not install any Applications.
Adblock Labs may change any of the provisions of this Agreement or the incorporated terms at any time in its sole discretion. Notice of material changes to this Agreement will be posted on the AdblockLabs Website when they become effective. You are responsible for reviewing thenotice and any applicable changes. You agree that your continued use of theApplication following any changes to this Agreement and after the changes take effect will constitute your acceptance of such changes. If you do not agree to future changes to this Agreement, stop using the Application after the effective date of such changes and uninstall the Application.
1. LICENSE
Provided that you comply with the terms of this Agreement, Adblock Labs grants you a personal, revocable,limited, non-exclusive and non-transferable license to install and use anApplication on a single computer, solely in object code format and solely for personal and non-commercial purposes. This license does not entitle you to receive from Adblock Labs hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application, though we may provide any of the foregoing in our sole discretion. The Application incorporates certain open-source software and code, which are subject to the license provisions of those providers, links to which are contained in theApplication’s “Credit” listing. The provisions of this Agreement do not limitthe applicable open-source license grants, however, such open source license grants do not limit or modify any of the limitations of liability, disclaimers, indemnities, remedy limitation provisions and other applicable restrictions set forth in this Agreement and the Adblock Labs Terms of Service and PrivacyPolicy.
2. USE OF APPLICATIONS
You agree to comply with all applicable laws and regulations in connection with your use of the Application, including international, federal, state and local copyright and intellectual property laws. Use of the Application is solely at your own risk. Adblock Labs cannot guarantee the completeness or accuracy of the websites or URLs to which an Application links or refers or the error-free or secure operation of theApplication. As Application processes are largely automatic, Adblock Labs does not screen the websites included or linked to or from the Application, and these other websites are operated by persons over whom Adblock Labs exercises no control. As a result, Adblock Labs assumes no responsibility for the content of any website or URL to which an Application links or refers and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL to which an Application links or refers.Additionally, some features of the Application, such as search functionality, may change default search, homepage or other settings on your computer in order to facilitate or enhance the operation of the Application and its related services. You warrant and represent that you own or are an authorized user of the computer where you install the Application. Finally, the Application allows you to adjust various blocking settings that relate to your online browsing activities. We encourage you to review the settings options in the Application so that you can better understand and manage your ad blocking settings. AdblockLabs is not responsible for the settings choices users make with respect to theApplication or risks of encountering malware, computer viruses, and illegal behavior of others when interacting with third party websites and content.
3. PRIVACY
Our Applications. Our Applicationscollect certain data about your devices (including your hardware profiles,cookie text files, browser extensions, device IDs and IP Addresses), yourbrowser and browser searches and search results, websites and web pages youvisit and their content, and your clicks and interactions with websites, webpages, advertisements and our Applications. We may also collect precisegeo-location data. This information is used by us and our partners in a varietyof ways, including to operate the Application, optimize the services providedto you and other users of our services, and for our internal research andproduct development. While our Applications are not intended to collectpersonally identifying information, it is possible for data, such as searchqueries or page addresses, to contain such information. For more details about AdblockLabs’s data collection and use practices, see the AdblockLabs Privacy Policy. To uninstall anApplication, please visit the FAQ for the particular Application or yourhardware’s instructions for removing or uninstalling software programs andapplications.
Third Party Applications. We are notresponsible for data collected from or the operation of third party-brandedapplications or third party applications, websites, URLs and platform linkedto, referred to, embedded in or connected with our Applications. To understandthe data collection practices and other policies of those third parties, pleasereview their respective privacy policies and terms of service.
4. RESTRICTIONS
You may not: (a) use, copy, modify,download or transfer an Application or any component of an Application, inwhole or in part, except as expressly provided in this Agreement or with AdblockLabs’s written consent; (b) reverse engineer, disassemble, decompile, ortranslate an Application, attempt to derive the source code of an Application,create any derivative work from an Application, or authorize or assist anythird party to do any of the foregoing; (c) rent, lease, loan, resell forprofit, or distribute an Application, or any part thereof; (d) remove or alterany proprietary notice or legend regarding Adblock Labs’s or its licensors’proprietary rights in an Application; (e) use an Application except inaccordance with applicable laws and regulations; (f) use an Application todefraud any third party or to distribute obscene or other unlawful materials orinformation; (g) use an Application in any way to transmit, directly orindirectly, any unsolicited bulk communications (i.e., spam); (h) block,disable, or otherwise affect any advertising, advertisement banner window,tabs, links to other sites and services, or other features that constitute anintegral part of an Application; (i) incorporate, integrate or otherwiseinclude an Application or any portion thereof (including the communicationsprotocols) into any software, program or product that communicates, accesses,or otherwise connects with Adblock Labs’s networks or other online services; or(j) export an Application outside of the United States.
5. OWNERSHIP
The Applications are the property of AdblockLabs and/or its licensors, and Adblock Labs and/or its licensors retain allright, title and interest to the Applications, including any intellectualproperty rights regarding trademarks, service marks and trade secrets, as wellas any rights in copyrighted and/or patented materials provided to you as partof the Applications. Our partners and service providers may also haveadditional intellectual property rights in the content or services that theymake available through the Application. Except for the limited license grantedto you in this Agreement, you obtain no rights to the Applications, and AdblockLabs and/or its licensors reserve all rights not expressly granted to you.
6. FEEDBACK
In the event that you provide AdblockLabs with any ideas, thoughts, criticisms, suggested improvements or otherfeedback related to the Applications (collectively “Feedback”), you agree that AdblockLabs may use the Feedback to modify the Applications and Adblock Labs’s otherproducts and services and that you will not be due any compensation, includingany royalty related to the Applications or other product or service thatincorporates your Feedback. You grant Adblock Labs a worldwide, royalty-free,fully paid, perpetual, irrevocable license to use, reproduce, modify,translate, distribute, perform, display, import, sell, offer for sale, make,have made and otherwise exploit the Feedback in any form, media, or technology,whether now known or hereafter developed, and to allow others to do the same.This is true whether you provide the Feedback on the Site or through any othermethod of communication with Adblock Labs, unless Adblock Labs has entered intoa separate agreement with you that provides otherwise.
7. DISCLAIMER
ADBLOCK LABS PROVIDES THEAPPLICATIONS “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRERISK ASSOCIATED WITH THE USE OF THE APPLICATIONS RESIDES WITH YOU. ADBLOCK LABSAND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANYWARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT,SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATAACCURACY. ADBLOCK LABS MAKES NO WARRANTY THAT THE APPLICATIONS WILL MEET YOURREQUIREMENTS, OR THAT YOUR USE OF IT WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR FREE; NOR DOES ADBLOCK LABS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE APPLICATIONS, OR THAT DEFECTS IN THEAPPLICATIONS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TOYOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND USE OF THEAPPLICATIONS. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,OBTAINED BY YOU FROM ADBLOCK LABS THROUGH THE APPLICATIONS, ITS WEBSITE,SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEENOT EXPRESSLY STATED IN THIS AGREEMENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL ADBLOCK LABS OR ANYOF ITS LICENSORS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ORLOSS OF GOODWILL OR LOST PROFITS OR LOST OPPORTUNITIES IN ANY WAY RELATING TOTHIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THEAPPLICATIONS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATIONS,INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF ADBLOCK LABS HAS BEENNOTIFIED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OR LIKELIHOODOF SUCH DAMAGES OCCURRING. IN NO EVENT WILL ADBLOCK LABS’S LIABILITY FOR ANYDAMAGES TO YOU OR ANY THIRD PARTY EVER EXCEED ONE HUNDRED DOLLARS (U.S.$100.00) REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT,NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONSAND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ADBLOCK LABS MAY NOT,AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMITLIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF ITSLIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
9. INDEMNITY
You agree to indemnify, defend, andhold harmless Adblock Labs from any suits, losses, claims, demands,liabilities, costs and expenses (including reasonable fees for attorneys) that AdblockLabs may sustain or incur from: (a) your use of the Applications; (b) yourbreach of any of your obligations or any restrictions set forth in thisAgreement, or (c) Adblock Labs’s enforcement of this Agreement against you.
10. THIRD PARTY OFFERINGS
Third parties may from time to timeoffer applications or services to access, “plug-in” or interact with anApplication. You may only use third-party applications authorized by AdblockLabs for use with an Application. Your use of any third-party applications willbe at your own risk and subject to the terms and conditions of those thirdparties. ADBLOCK LABS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS ORIMPLIED, REGARDING THE THIRD PARTY APPLICATIONS OR SERVICES, AND ADBLOCK LABSDISCLAIMS ALL LIABILITY RELATED THERETO.
11. NO DUTY TO CORRECT ERRORS
Without limiting the provisions ofSection 2 of this Agreement, you acknowledge and agree that Adblock Labs has noobligation under this Agreement to correct any defects or errors in anApplication furnished to you under this Agreement, regardless of whether youinform Adblock Labs of such defects or errors or Adblock Labs otherwise is, orbecomes aware of, such defects or errors. To the extent Adblock Labs providesyou with any updates or upgrades to an Application, such updates and upgradesshall be deemed to constitute part of an Application and shall be subject toall terms and provisions set forth in this Agreement, including, withoutlimitation, terms and provisions related to licenses, use restrictions,ownership and distribution of an Application. Adblock Labs may providemandatory updates to an Application with or without notice to you to ensure orenhance the functionality or continued performance, security and stability ofan Application. Adblock Labs may also make available other updates to anApplication that you will have the option to install.
12. TERMINATION
The Agreement will be in effect as ofthe date you accept this Agreement, or as of the date you first install or usethe Applications, whichever first occurs. This Agreement will terminateimmediately without notice to you if you breach any term or condition herein.You shall be entitled to terminate this Agreement without cause at any time bystopping use of the Applications. Adblock Labs shall be entitled to terminatethis Agreement without cause upon written notice to you. Upon termination, allrights granted to you under this Agreement will immediately cease, you may notthereafter install or use the Applications, and you must delete or destroy allcopies of the Applications in your possession. All provisions of thisAgreement, except for the license grant in Section 1 above, survive thetermination of this Agreement. Adblock Labs may take any technical remedies toprevent unsolicited bulk communications from entering, utilizing, or remainingwithin Adblock Labs’s computer or communications networks.
13. GENERAL PROVISIONS
This Agreement is made under andshall be governed by and construed in accordance with the laws of the State ofDelaware, consistent with the Federal Arbitration Act, without giving effect toany principles that provide for the application of the law of anotherjurisdiction. You acknowledge that Adblock Labs will have the right to seek aninjunction if necessary to prevent a breach of your obligations hereunder. Ifany provision of this Agreement is held to be unenforceable, that provisionwill be disregarded for purposes of the dispute or other circumstance givingrise to such finding, and the remaining provisions will remain in full force.In the event that Adblock Labs prevails in any proceeding or lawsuit brought byeither party in connection with this Agreement, Adblock Labs will be entitledto receive its costs, expert witness fees and reasonable attorney’s fees,including costs and fees on appeal. The failure of Adblock Labs to require yourperformance of any provision in this Agreement shall not affect Adblock Labs’sfull right to require such performance at any time thereafter; nor shall thewaiver by Adblock Labs of any breach of any provision of this Agreement betaken or held to be a waiver of the provision itself. This Agreement ispersonal to you, and you may not transfer, assign or delegate your right and/orduties under this Agreement to anyone else. Any attempted assignment ordelegation is void. This Agreement, together with the Adblock Labs Terms ofService and Adblock Labs Privacy Policy, is the complete and exclusivestatement of the agreement between Adblock Labs and you, which supersedes anyproposal or prior agreement, oral or written, and any other communicationsbetween the parties in relation to the subject matter of this Agreement. Wewill not be held responsible for any delay or failure to comply with ourobligations under these conditions if the delay or failure arises from anycause which is beyond our reasonable control. This condition does not affectyour statutory rights that by law may not be modified or waived.
14. GOVERNMENT USERS
Each of the components thatconstitute an Application and its related documentation is a “commercial item”as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computersoftware” and “commercial computer software documentation” as such terms areused in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R.227.7202-1 through 227.7202-4, all U.S. Government end users acquire anApplication and any documentation provided with an Application with only thoserights set forth in this Agreement.
15. ELECTRONIC NOTICES
You agree to this Agreementelectronically. You authorize Adblock Labs to provide you any information andnotices regarding the Applications (“Notices”) in electronic form. Adblock Labsmay provide Notices to you: (a) via e-mail if you have provided a valid emailaddress or (b) by posting the Notice on a website designated by Adblock Labsfor this purpose. The delivery of any Notice is effective when Adblock Labssends or posts it, regardless of whether you read the Notice or actuallyreceive the delivery. You can withdraw your consent to receive Noticeselectronically by discontinuing your use of the Applications and terminatingthis Agreement. As long as you are able to access the internet using theApplications, you will be able to receive electronic Notices from Adblock Labs.
16. PERFORMANCE AND USAGE INFORMATION
Technical Information. Wheninstalled, an Application may, from time to time, automatically report backinformation to Adblock Labs’s servers related to installation, updates, usageand errors arising in connection with your use of an Application, withoutnotice to you. The primary use of this data is to help diagnose and resolvetechnical and performance issues in relation to an Application’s compatibilitywith the latest operating systems.
Feature Usage Information. AnApplication may also provide Adblock Labs with anonymous information about useof an Application’s features and functions. Adblock Labs uses this informationin the aggregate to determine which features and functions from the Applicationare most popular and useful to its users, and to validate the continuedexistence and usage of an installed Application.
ID. Each Application may contain aspecific identification number for the purpose of tracking the number of uniqueinstances of an Application in use.
Personalization. You may be asked toprovide Adblock Labs with certain information so that Adblock Labs canpersonalize content presented to you through an Application. For example, youmay be asked for your zip code, which could be used to provide you withrelevant local weather and/or news reports for the browser.
17. ARBITRATION AGREEMENT AND JURY TRIALWAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
All controversies, disputes, demands,counts, claims, or causes of action between you and Adblock Labs arising outof, under, or related to this Agreement or our privacy practices, shallexclusively be settled through binding arbitration.
a. Arbitration shall be subject to theFederal Arbitration Act and not any state arbitration law. The arbitrationshall be conducted before one commercial arbitrator with substantial experiencein resolving commercial contract disputes from the American ArbitrationAssociation (“AAA”). As modified by this Agreement, and unless agreed upon bythe parties in writing, the arbitration will be governed by the AAA’sCommercial Arbitration Rules and, if the arbitrator deems them applicable, theSupplementary Procedures for Consumer Related Disputes (collectively “Rules andProcedures”).
b. You are thus GIVING UP YOUR RIGHT TOGO TO COURT to assert or defend your rights under this contract EXCEPT formatters that may be taken to small claims court. Your rights will be determinedby a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIRHEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULESAPPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court orderand are subject to VERY LIMITED REVIEW BY A COURT.
c. You and Adblock Labs must abide by thefollowing rules: (i) for any claim that could otherwise be brought in smallclaims court, the arbitration shall be conducted solely based on writtensubmissions and, if the arbitrator deems it appropriate, a telephonic hearing;(ii) if the claim exceeds what can be recovered in a small claims court, thearbitration shall be conducted solely based on written submissions or atelephonic hearing, unless the arbitrator deems a face-to-face hearing isappropriate, in which case one should be held at a location agreed to by youand Adblock Labs, and if the parties cannot agree on a location for thehearing, the arbitrator will determine a location for the proceedings which isreasonably convenient to both parties with due consideration of their abilityto travel and other pertinent circumstances; (iii) the arbitrator’s ruling isbinding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR ADBLOCK LABSMUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ORCLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THEARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOTOTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (vi)in the event that you are able to demonstrate that the costs of arbitrationwill be prohibitive as compared to costs of litigation, Adblock Labs will payas much of your filing and hearing fees in connection with the arbitration asthe arbitrator deems necessary to prevent the arbitration from beingcost-prohibitive as compared to the cost of litigation, (vii) Adblock Labs alsoreserves the right in its sole and exclusive discretion to assumeresponsibility for all of the costs of the arbitration; (viiih) the arbitratorshall honor claims of privilege and privacy recognized at law; (ix) a decisionby the arbitrator (including any finding of fact and/or conclusion of law)against either you or Adblock Labs shall be confidential unless otherwiserequired to be disclosed by law or by any administrative body and may not becollaterally used against either of them in existing or subsequent litigationor arbitration involving any other person/Adblock Labs customer; and (x) eachside pays its own attorneys’ fees and expenses unless there is a statutoryprovision that requires the prevailing party to be paid its fees’ andlitigation expenses.
d. Notwithstanding the foregoing, eitheryou or Adblock Labs may bring an individual action in small claims court. Inaddition, if you are a user outside of the United States, the disputeresolution provision in our privacy policy (if any), and not this arbitrationprovision, shall apply to any disputes related to privacy. Further, claims ofdefamation, violation of the Computer Fraud and Abuse Act, and infringement ormisappropriation of the other party’s patent, copyright, trademark, or tradesecret shall not be subject to this arbitration provision. Such claims shall beexclusively brought (unless such courts do not have personal jurisdiction inthe dispute) in the courts located in Wilmington, Delaware. Additionally,notwithstanding this arbitration provision, either party may seek emergencyequitable relief before such courts in order to maintain the status quo pendingthe arbitrator’s ruling, and hereby agree to submit to the personaljurisdiction of such courts. A request for interim measures shall not be deemeda waiver of the right to arbitrate.
e. With the exception of subparts (iv)and (v) in Section 17(c) above (prohibiting arbitration on a class orcollective basis), if any part of this arbitration provision is deemed to beinvalid, unenforceable or illegal, or otherwise conflicts with the Rules andProcedures, then the balance of this arbitration provision shall remain ineffect and shall be construed in accordance with its terms as if the invalid,unenforceable, illegal or conflicting provision were not contained herein. If,however, either subpart (iv) or (v) of Section 17(c) above is found to beinvalid, unenforceable or illegal, then the entirety of this arbitrationprovision shall be null and void, and neither you nor Adblock Labs shall beentitled to arbitration. In the event this arbitration provision is heldunenforceable by a court, or in the event AAA refuses to arbitrate the dispute,all controversies, disputes, demands, counts, claims, or causes of actionbetween you and Adblock Labs shall be exclusively brought in the state orfederal courts specified in subsection “(d)” above.
f. For more information on AAA, its Rulesand Procedures, and how to file an arbitration claim, you may call AAA at800-778-7879 or visit the AAA website.
18. TERMS FOR EUROPEAN UNION RESIDENTS
If (a) you are not a United States citizen; (b) you do not reside in the United States; (c) you are not downloading and/or using an Application in the United States; and (d) you are acitizen of a country within the European Union, this Section 18 and the following provisions apply to you, and Section 18 will not apply to you.
a. You and we hereby agree that any dispute or claim arising from this Agreement shall be governed by the laws of the United Kingdom, and the application of the United Nations Convention onContracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts located inLondon, England without regard to any conflict of law provisions, and the application of the United Nations Convention on Contracts for the InternationalSale of Goods is expressly excluded.
b. Nothing in this Agreement shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. We will be responsible for any losses you suffer asa result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using our Application(s). We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Application(s). We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
Last Revision: January 27, 2025
