This end user license agreement ("EULA") is applicable to your use of the Extension (as described below) offered to you by ALPIA Europe Limited ("Alpia"). Please read this EULA carefully so that you know what your rights and obligations are when using the Extension. By using the Extension in any way whatsoever, you accept to be bound to this EULA. You hereby warrant that you are fully authorized to enter into this agreement with Alpia. If you do not accept this EULA, do not use this Extension. You may not use this Extension unless you are over 13 years of age or have obtained prior consent of your parent or legal guardian before using this Extension. You can download this EULA here: http://search.alpia.co.uk/docs/eula.html.

For the purpose of this EULA, "Extension" is defined as a software program for internet browsers published, distributed or otherwise made available by ALPIA, including any updates, upgrades or other additions or alterations and all accompanying documentation, manuals, instructions, packaging and other written files, electronic or on-line materials or documentation, and any and all copies of such Extension and its materials.

Clause 1 Limited license

• 1.1 The Extension is licensed, not sold. Subject to your agreement to and continued compliance with this EULA, ALPIA hereby grants to you a limited, personal, revocable, non-transferable, nonsublicensable, non-exclusive license to use the Extension onto a personal computers, mobile phones, consoles or other devices owned by you in conjunction for your non-commercial purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following will constitute an infringement of Alpia's (copy)rights:
  • 1.1.1 You may not sell, license or transfer the Extension, or any reproductions thereof, to any person or entity;
  • 1.1.2 You may not develop, distribute or host any server or program designed to interact with the Extension or to redirect or emulate the communications protocols used by ALPIA;
  • 1.1.3 You may not decompile for interoperability, make copies to test or study the Extension, copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Extension or any portion thereof;
  • 1.1.4 You may not develop, distribute or use any third party program designed to impact the Extension, including without limitation Extension bots, cheats, hacks or any other Extension designed to provide a user of the extension with an advantage;
  • 1.1.5 You may not exploit the Extension, or any portion thereof, for any commercial purpose.
• 1.2 The license granted herein confers no title or ownership in the Extension and should not be construed as a sale of any rights to the Extension. All right, title and interest in and to the Extension and any and all copies thereof, including without limitation any and all titles, code, technology, themes, objects, concepts, artwork, texts and other materials are owned by ALPIA or its licensors.
• 1.3 ALPIA may take technological measures to protect the Extension and individual parts thereof. You may not remove or circumvent such technological measures.
• 1.4 It is not allowed to remove, make illegible, hide or change notifications with regard to IP-Rights.
• 1.5 Nothing in this EULA is meant to assign any IP-Rights to you. You shall not perform any acts that may infringe upon the IP-Rights of ALPIA such as registering domain names or trademarks that are similar or identical to any object of which Alpia has the IP-Rights. "IP-Rights" shall mean all intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as rights to know-how and proprietary information.
• 1.6 You acknowledge that ALPIA may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. If you breach either of these provisions, you shall be liable for all damages and reasonable attorneys' fees.

Clause 2 Third Party Content

• 2.1 The Extension may enable access to third-party services and websites ("Third Party Content"). In addition, you acknowledge that ALPIA, its partners may use certain features and/or monetization tools that display certain information and content to you while using the Extensions including without limitation systems updates, service announcements, administrative messages regarding the service, advertisements, coupons, sponsored messages, photographs, graphics and information about the Extensions. The availability of such Third Party Content via the Extension does not imply that Alpia has approved or checked this content. You understand that by using the Extension and/or any of the Third Party Content, you may be exposed to content from a variety of sources, and that Alpia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Alpia with respect thereto. Alpia therefore does not accept any responsibility or liability for third party content nor for any use of third party content. You may not opt out of receiving Third Party Content.

Clause 3 Updates

• 3.1 ALPIA may apply patches, updates and modifications (collectively, "Updates") to the Extension at any time, some of which may be automatic. You agree that Alpia may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for Alpia to download and apply such Updates. You may not deactivate such automatic Updates.

Clause 4 Your Use of the Extension

• 4.1 You are responsible and liable for any activities performed by you with respect to the Extension, Notwithstanding the other provisions of this EULA, any use of the Extension by you shall not (a) be misleading, (b) contain any viruses, Trojan horses, worms, bots or other software which might damage, render useless or inaccessible, delete or appropriate an automated work or data, or which are meant to bypass technical protection measures of the Extension and/or the computer systems of ALPIA, (c) consist of taking a false identity or untruthfully suggest that you are affiliated with Alpia, (d) contravene this EULA or any applicable legislation or regulations, (e) infringe on the rights of Alpia or third parties including any IP-Rights (as described below) or privacy related rights, (f) be otherwise unlawful in any way whatsoever or (g) harm the interests or good name of Alpia.
• 4.2 Any technical facilities required in order to be able to use the Extension, including but not limited to, hardware and the availability of an internet connection as well as the costs of their use, will be at your own expense.

Clause 5 Changing your Internet Browser Settings

• 5.1 As part of the installing of the Extension, ALPIA, its partners may offer changes to your internet browser settings. This change if approved by you can be reconfigured by you at any time from the options dialog available on your internet browser. Such changes may include the following:
  • a) The homepage of your internet browser
  • b) The default search engine in your internet browser's built-in search box
  • c) The page displayed when opening a new tab

Clause 6 Information collected about the user

• 6.1 Extension sends a configuration request when you start your browser. This request includes only data such as browser type, OS, country and non-personal browser activity. In addition, occasionally Extension platform may send a request to ALPIA, its affiliates servers to check for new version releases.
• 6.2 All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.

Clause 7 Liability and guarantees

• 7.1 You accept and agree that the Extension, including al content thereof, is provided on an "as is" and "as available" basis. ALPIA excludes any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity or accuracy of the Extension.
• 7.2 ALPIA does not guarantee that the Extension will be accessible at all times and without any interruptions or failures, for instance as a result of failures in the internet or phone connection, by viruses, faults/defects or caused by third parties whom Alpia uses in rendering its Extension. Alpia is not liable or obliged to you to pay compensation in any way whatsoever for any damage resulting or arising from the Extension being unavailable or broken down (temporarily or permanently).
• 7.3 ALPIA may change, modify, suspend, or discontinue any aspect of the Extension at any time, and may also impose limits on certain features or restrict your access to parts or all of the Extension without liability. You have no interest, monetary or otherwise, in any feature or content contained in the Extension.
• 7.4 The Extension may contain references to specific software or ALPIA products that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
• 7.5 Any and all liability of ALPIA, whether based upon attributable failure, tort or otherwise, is fully excluded, including for, but not limited to, damages resulting from or in connection with the use of the Extension or the impossibility of using it or pursuant to an unlawful act or otherwise, insofar as such exclusion is allowed.
• 7.6 Your only remedy for allegedly suffered damages is to discontinue the use of the Extension.
• 7.7 To the extent that ALPIA may, despite of the above, still be liable for any damages, it shall only be liable for compensation of direct damages. Direct damages are understood exclusively to mean material damages to property, reasonable costs incurred to prevent or limit direct damages and reasonable costs incurred to determine the cause of the direct damages, the liability and the method of repair. In no event shall Alpia or any of its affiliates be liable for any indirect damages, such as but not limited to, damages for loss of business, profit, contract, data or information.
• 7.8 If and to the extent that ALPIA may be liable for damages of whatever nature, its liability is in any event limited to an amount of USD 1,000(one thousand US Dollars).
• 7.9 You guarantee to ALPIA that you are entitled to make use of the Extension in the manner as contemplated in this EULA.
• 7.10 ALPIA does not bear any responsibility nor assumes any risks if by any reason the Extension breaches national law of any state. Those who use the Extension do so on their own initiative and are responsible for compliance with their national laws.

Clause 8 Indemnification

• 8.1 You fully indemnify and hold harmless ALPIA against any and all claims by third parties based on the allegation that any activities performed by you in using the Extension are in any way unlawful. This includes, without limitation, any activities that are in violation of Clause 4.1 hereof or that constitute an infringement on any IP-Rights.
• 8.2 You fully indemnify and hold harmless ALPIA against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Extension and/or a violation of this EULA and/or any rights of third parties.

Clause 9 Term and termination

• 9.1 ALPIA may terminate this agreement if you fail to comply with this EULA or the Terms of Use of Alpia. In such event, you must destroy all copies of the Extension and all of its component parts and cease and desist from accessing the Extension. If at any time you are no longer able to comply with the terms of the then current EULA, you must immediately stop using the Extension.
• 9.2 You are entitled to discontinue the use of the Extension at any time.
• 9.3 In addition to the other remedies or means available to ALPIA, Alpia is at all times entitled to restrict, suspend or put out of use your activities (temporarily or permanently) in connection with the Extension without giving any reason and without any prior explanation, to issue a warning, to terminate the Extension and to refuse to provide you with the Extension, particularly, without limitation, if you act contrary to this EULA or the Terms of Use and/or Alpia is of the opinion that your acts may inflict damage or cause liability for Alpia with regard to third parties. Alpia will not be liable or obliged to pay compensation for this in any way whatsoever.

Clause 10 Miscellaneous, Applicable Law and Competent Court

• 10.1 This EULA shall be governed and construed in accordance with the laws of Cyprus, without giving effect to any choice or conflict of law provision or rule (whether of the laws of Cyprus or any other jurisdiction) that would cause the application of laws of any other jurisdiction other than those of the laws of Cyprus. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instated exclusively in any court of competent jurisdiction in Limassol or Nicosia, Cyprus and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such party�s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
• 10.2 This EULA includes all the arrangements that you and ALPIA have made in this respect. They replace all previous arrangements and agreements that you has made or concluded with Alpia in this respect. Verbal communications, undertakings or arrangements have no legal force unless they have been confirmed in writing.
• 10.3 ALPIA is allowed to assign any rights and obligations resulting from this EULA to third parties without informing you of this.
• 10.4 Notwithstanding any legislative or legal obligations applicable to ALPIA, in relation to you Alpia will not be obliged to keep any archived agreement accessible.
• 10.5 If this EULA are or become partly invalid, you remain bound by the remaining part. ALPIA will replace the invalid part by clauses which will be valid and of which the legal consequences - considering the conditions and purpose of this EULA - correspond as much as possible with those of the invalid part.
• 10.6 No waiver of any default, condition or breach of this EULA shall constitute a waiver of any other default, condition or breach of this EULA, whether of a similar nature or otherwise.
• 10.7 ALPIA is entitled to amend, update or supplement this EULA at any time. You will be asked to review and agree to the revised version of the EULA once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue using the Extension.
• 10.8 By using the Extension after this EULA has been amended or updated, you irrevocably accept the new EULA. If you do not agree with any amendments, updates or supplements, your only remedy is to no longer use the Extension.