End-User License Agreement (EULA) of Octo Browser

This document was last updated on January 4, 2023

BY DOWNLOADING, INSTALLING AND/OR USING OCTO BROWSER SOFTWARE (“SOFTWARE”) AND MAKING PURCHASES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS STOP USING THE SOFTWARE AND UNINSTALL IT, AS WELL AS DO NOT PROCEED TO MAKE ANY PURCHASES.

BLACKBIRD SECURE BROWSING LTD, incorporated under the laws of the UK (“OCTO”, “Company”, “we” or “us”), commercial registry code: 13404707, license you to use the Software as this term defined above.

This End-User License Agreement (“EULA”) is a legal agreement between you and OCTO.

This EULA agreement governs your acquisition and use of our Software directly from BLACKBIRD SECURE BROWSING LTD or indirectly through BLACKBIRD SECURE BROWSING LTD authorized reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.

If you register for a free trial of the Software, this EULA will also govern that trial. By clicking “accept” or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA , do not install or use the Software, and you must not accept this EULA.

This EULA shall apply only to the Software supplied by BLACKBIRD SECURE BROWSING LTD (excluding the object code and source code) herewith regardless of whether other software is referred to or described herein. The terms also apply to any BLACKBIRD SECURE BROWSING LTD updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

The Company hereby grants you a personal, limited, non-transferable, non-exclusive, non-sublicensable, worldwide license to use the Software on your devices in accordance with the terms of this EULA.

You are permitted to:
  • download and/or install the Software onto an unlimited number of devices (for example a PC, laptop, mobile phones or tablet, and other portable and handheld devices) under your control for your personal purposes only. You are responsible for ensuring your device meets the minimum requirements of the Software (you can find the minimum requirements of the Software here);
  • receive and use any free supplementary software code or update of the Software incorporating corrections of errors as we may provide to you.
You are not permitted to:
  • edit, alter, modify, adapt, translate, create derivative works of the Software or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer, attempt to derive the source code of the Software or attempt to do any such things;
  • reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;
  • allow any third party to use the Software on behalf of or for the benefit of any third party;
  • use the Software in any way which breaches any applicable local, national or international law;
  • use the Software for any purpose that OCTO considers is a breach of this EULA.
Intellectual Property and Ownership

BLACKBIRD SECURE BROWSING LTD shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of BLACKBIRD SECURE BROWSING LTD. You acknowledge and agree that the Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you.

BLACKBIRD SECURE BROWSING LTD reserves the right to grant licenses to use the Software to third parties.

All trademarks, service marks and trade names are owned, registered and/or licensed by BLACKBIRD SECURE BROWSING LTD and/or Reseller. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names according to the EULA.

Privacy

Your privacy is really important to us. We recommend you, and you should ensure that you have read the Privacy Policy provisions carefully. You can find our Privacy Policy here.

Limitation of Liability

TO THE FULLEST EXTENT OF APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, COMPANY'S LIABILITY FOR ALL DAMAGES WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID OCTO IN THE PRIOR 12 MONTHS (IF ANY).

Disclaimer of Warranty

While OCTO makes every effort to deliver high-quality products, we do not guarantee that our products are free from defects. Our Software is provided “as is”, and you use the Software at your own risk. We make no warranties as to performance, merchantability, fitness for a particular purpose, or any other warranties whether expressed or implied. No oral or written communication from or information provided by OCTO shall create a warranty. Under no circumstances shall OCTO be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use the Software, even if OCTO has been advised of the possibility of such damages.

OCTO may not be available in all languages or in all countries, and we make no representation that the functionality would be appropriate, accurate or available for use in any particular location. OCTO availability and pricing is subject to change.

Updates may modify or delete certain features and/or functionalities of the Software. You agree that the Company has no obligation to (i) provide any updates to the Software, or (ii) continue to provide or enable any particular features and/or functionalities of the Software to you.

This disclaimer constitutes an essential part of this EULA.

Termination

This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to BLACKBIRD SECURE BROWSING LTD.

It will also terminate immediately if (1) you fail to comply with any term of this EULA agreement or governing law, and/or (2) system failure or any other circumstances beyond OCTO's control.

We will do our best to send you advance notification, but we cannot guarantee that we will be able to send a notification under any circumstances.

Upon any termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

We may terminate this EULA and your access to OCTO if you violate the terms of this EULA. Upon any termination of the EULA, you must promptly uninstall the Software on all of your devices and destroy all materials downloaded or otherwise obtained from the Software, all documentation, and all copies of such materials. The following provisions survive the expiration or termination of this EULA for any reason whatsoever: Intellectual Property and Ownership, Disclaimer of Warranty, Governing Law.

Indemnification

You agree to indemnify, defend, and hold harmless OCTO, its affiliates, directors, officers, employees, and agents from and against any and all liabilities arising from any claims due to, arising out of, or relating in any way to (a) any breach of this EULA by you; or (b) any gross negligence or willful misconduct of you.

OCTO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OCTO.

Changes to this EULA

OCTO may update the terms of this EULA from time to time, you waive any right to receive specific notice of each such change. Please check this page on a regular basis.

Governing Law

This EULA, and any dispute arising out of or in connection with this EULA , shall be governed by and construed in accordance with the laws of the UK without giving any conflicts of law principles that may require the application of the laws of a different country. If any provisions of this EULA are determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby.

Notices, feedback and Electronic communication

Any notice or other communication under this EULA shall be by email. The language of the communication shall be English or Russian.

You understand that any comments, feedback, or ideas you send us (including in our social media) are provided on a non-confidential basis and you grant to OCTO a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

Assignment

This EULA, and your rights and obligations herein, may not be assigned by you without OCTO’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. OCTO may assign its rights obligations in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. This EULA shall be binding upon assignees.

Contact us

If you want to learn more about the Software or have any problems using it or you think that there is a mistake in this EULA or require any changes or you wish to contact us for any other reason, please feel free to email us.