This software is protected by copyright and property laws as well as international copyright treaties.
End User License Agreement
2. sidebar dock Software Permissions
2.1. As consideration for using the sidebar dock Software and receiving access to the content and programming available via the sidebar dock, you agree and understand that:
2.1.2. sidebar dock will take organizational and technical measures intended to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing, however, you acknowledge and agree that this is not a representation or warranty of sidebar dock.
3. License Grant
3.1. License Grant. Subject to the terms of this Agreement, sidebar dock hereby grants you a limited, non-exclusive, personal, non-commercial, non-sub licensable, non-assignable license to download, install and use on a single computer (or other applicable device) owned or controlled by you, the sidebar dock , for the sole purpose of watching the video and other content provided on or through the sidebar dock , and otherwise accessing the other services and features provided on or through such sidebar dock , all subject to and in strict compliance with the restrictions described in this Agreement and in the Terms of Service.
3.2.1. Operate or utilize the sidebar dock in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance;
3.2.2. Operate or utilize the sidebar dock, including the content, programming, services and features contained on or through the sidebar dock, if this license has been terminated by sidebar dock;
3.2.4. Operate or utilize the sidebar dock for non-personal or commercial purposes or for the benefit of any third party or charge any person for the use or distribution of the sidebar dock;
3.2.5. sell, assign, rent, lease, distribute, export, import, act as intermediary or provider, act as a service bureau, or otherwise grant rights in the sidebar dock , including, without limitation, through sublicense, to any other person or entity;
3.2.6. Remove any proprietary notices from the sidebar dock, or from any content, services, programming, or features contained on or through the sidebar dock;
3.2.7. undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the sidebar dock and/or data and/or content or programming transmitted, processed or stored by sidebar dock or other users of the sidebar dock ;
3.2.8. use any unlicensed or unauthorized copies of the sidebar dock;
3.2.9. collect any information or communication about the users of the sidebar dock by monitoring, interdicting or intercepting any process of or communication initiated by the sidebar dock or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
3.2.10. use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to monitor, distort, delete, damage or disassemble the sidebar dock or its ability to communicate and function with other computers running the sidebar dock;
3.2.11. with the exception of completely deleting the sidebar dock from your computer, and those actions permitted by your manual use of the user interface provided as part of the sidebar dock, take any action, including downloading and/or using third party software, that (1) modifies the settings of the sidebar dock as it functions with your computer, or (2) otherwise modifies, alters, blocks or interferes with the functioning of the sidebar dock;
3.2.12. attempt to hack the sidebar dock or any communication initiated by the sidebar dock or to defeat or overcome any encryption and/or other technical protection methods implemented by sidebar dock with respect to the sidebar dock and/or data and/or content or programming transmitted, processed or stored by sidebar dock or other users of the sidebar dock ;
3.2.13. Interfere with or in any manner compromise any of sidebar dock ' security measures; or
3.2.14. Alter, modify, delete, or otherwise interfere with or in any manner compromise any content, programming, advertising, services and/or features contained on or through the sidebar dock, including, without limitation, the sidebar dock’s advertising and/or content delivery and display functionality.
4. Your Additional Covenants, Acknowledgments and Agreements
4.1. You acknowledge and agree that:
4.1.1. sidebar dock, in its sole discretion, may discontinue or suspend your right to access the sidebar dock or content delivered by sidebar dock at any time for any reason, and may at any time suspend or terminate any license hereunder without prior notice for any reason.
4.1.2. sidebar dock reserves the right to add or remove features or functions, or to provide upgrades, updates or programming fixes, to the sidebar dock at any time in its sole discretion. You agree to accept any and all such upgrades, updates or programming fixes presented to you, including version updates.
4.1.3. When installed on your computer, the sidebar dock may periodically communicate with sidebar dock servers and/or sidebar dock installed by other users.
4.1.4. sidebar dock has no obligation to make available to you any subsequent versions of its software applications.
4.1.5. You can uninstall the sidebar dock at any time, in your sole discretion, by using your computer’s "Add/Remove" Control Panel functionality or other applicable functionality that permits you to uninstall downloaded software applications.
5. Proprietary Rights
5.1. You acknowledge and agree that any and all Intellectual Property Rights to or arising from the sidebar dock are and shall remain the exclusive property of Howard Software Limited, and/or its licensors. Nothing in this Agreement intends to transfer any such Intellectual Property Rights to, or to vest any such Intellectual Property Rights in, you. You are only entitled to the limited use of the Intellectual Property Rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and agree that testing and reviewing the sidebar dock applications are solely for your personal use and you don’t have any rights to divulge, direct, inform or misinform, publish etc to any third party or publicize, including posting incorrect and false any information about its application without the express consent of sidebar dock .
You acknowledge and understand that all title and Intellectual Property Rights in and to any third party content that is not contained in the sidebar dock, but may be accessed through use of the sidebar dock, including, without limitation, any content, programming, advertising, services and/or features contained on or through the sidebar dock, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such content. You understand that you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party content, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. Additionally, the unauthorized reproduction or distribution of such third party content, including, without limitation, any content, programming, advertising, services and/or features contained on or through the sidebar dock, are prohibited by applicable law.
6.1. This Agreement will be effective as of the date you accept this Agreement and will remain effective until terminated by you or sidebar dock as set forth below.
6.2. You may terminate this Agreement at any time provided you permanently delete or destroy your copies of the sidebar dock as required by Section 6.4 below.
6.3. sidebar dock may terminate this Agreement at any time, with or without cause by providing notice to you.
6.4. Upon termination of this Agreement for any reason, all licenses and rights to use the sidebar dock shall terminate and you must cease all use of the sidebar dock AND completely remove from all hard drives and other storage media all copies of the sidebar dock in your possession or under your control.
6.5. sidebar dock will not be liable in respect to any damage caused by the termination of this Agreement.
6.6. Section 3.2 and Sections 5 through 13 shall survive any termination of this Agreement.
7. Links to Third Party Sites
7.1. The links provided either through or framed within the sidebar dock and any website operated by sidebar dock or its affiliates are provided as a courtesy only, and the sites they link to are not under the control of sidebar dock in any manner whatsoever. Therefore, sidebar dock is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. sidebar dock is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement of or sponsorship by sidebar dock of any linked site and/or any of its content therein.
8. Your Representations and Warranties
8.1. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms.
9.1. You agree to indemnify, hold harmless and defend sidebar dock and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by sidebar dock arising out of or relating to your (a) violation or breach of any term of this Agreement, the Terms of Service, or any applicable law, regulation, policy or guideline, whether or not referenced herein, (b) use or misuse of the sidebar dock , or (c) violation of any rights of any third party.
10. Disclaimer of Warranties
10.1. THE sidebar dock IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY sidebar dock, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE sidebar dock, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, sidebar dock DOES NOT REPRESENT OR WARRANT THAT THE sidebar dock WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES sidebar dock WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF TRANSMISSIONS OF DATA MADE THROUGH THE sidebar dock.
10.2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE sidebar dock REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.3. As some jurisdictions do not allow some of the exclusions set forth in this Section 10, some of these exclusions may not apply to you.
11. Limitation of Liability
11.1. IN NO EVENT SHALL sidebar dock , ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR BUNDLED SOFTWARE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE sidebar dock , INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF sidebar dock HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE sidebar dock IS TO UNINSTALL AND CEASE USE OF SUCH sidebar dock.
11.3. As some jurisdictions do not allow some of the exclusions set forth in this Section 11, some of these exclusions may not apply to you.
11.4. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of sidebar dock shall not exceed the amount of fifty United States dollars (US$50).
12. General Provisions
12.1. Electronic Signatures. You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by sidebar dock to show your acceptance of this Agreement and/or your agreement to download and install the sidebar dock); you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the sidebar dock. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
12.2. Jurisdictional Matters; Claims. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement nor may you download, install or use the sidebar dock. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, you may not enter into this Agreement nor may you download, install or use the sidebar dock. By entering into this Agreement you explicitly guarantee that you have verified whether your use of the sidebar dock is allowed in your own jurisdiction.
12.4. Reservation of Rights; Modification. sidebar dock reserves all rights not expressly granted in this Agreement. sidebar dock may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on the sidebar dock Website. Your continued use of the sidebar dock shall constitute your acceptance to be bound by the terms and conditions of such revised Agreement.
12.5. Severability. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect?
12.6. Waiver. The failure of sidebar dock at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
12.7. Governing Law; Jurisdiction; Waiver of Claims. This Agreement shall be governed by and construed in accordance with the laws of the Sunderland, without regard to its principals of conflicts of law. The parties hereto expressly understand and agree that any action brought by you against sidebar dock arising out of this Agreement shall be brought exclusively in the courts located in Sunderland, and any action brought by sidebar dock against you arising out of this Agreement shall, in sidebar dock’ absolute and sole discretion, be brought in either the courts located in Sunderland, or the applicable courts of the jurisdiction in which you reside. The parties hereby consent to, and irrevocably submit themselves to, the exclusive personal jurisdiction and venue of such courts as set forth in this section. You further agree not to bring claims against sidebar dock on a representative or class member basis, or as a private attorney general, and agree not to assert any claims against sidebar dock unless such claims are asserted by you in the forum required by this Agreement no later than one (1) year following the date that your claim or cause of action arose.
12.8. Entire Agreement. The terms set forth in this Agreement constitute the final, complete and exclusive agreement with respect to the sidebar dock and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. You may not assign this Agreement or any rights hereunder. sidebar dock may, at its sole discretion, assign this Agreement without giving prior notice.
13. Express Agreement
13.1. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE sidebar dock, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS
14. Advertisement Agreement
14.0. The Software Products runs off an ad-supported platform. During general internet usage on sites where Software Products operates, users may see advertisement. The type of ad is dependent on the content of the page as you generally browse the internet. Software Products is not related to or endorsed by the underlying website. These advertisements will be identified with the Software Products Name or Logo.