New Performance Group Ltd ("NPG") is pleased to provide you its non-mobile downloadable search applications including browser extensions/add-ons which are installed on your computer (each, a "NPG Product", and collectively, the "NPG Products"). PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY NPG PRODUCTS, for this End-User License Agreement governs your use of the NPG Products and how we provide our NPG Products.1. Agreement
This End-User License Agreement ("EULA") is a legal agreement between you and the New Performance Group, Ltd. and its parent, affiliate and subsidiary companies (collectively, "NPG", "we", "us" or "our") for the NPG Products. By installing or otherwise using the NPG Products, you: (a) agree to be bounded by the terms of this EULA, (b) you are the owner or an authorized user of the computer or mobile device in which the NPG Product will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it. The terms of this EULA also applies to any NPG Product updates, supplements, and services. If you do not agree to the terms of this EULA, do not install or use the NPG Products. New Performance Group may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the NPG Products.
New Performance Group may acquire or develop new NPG Products from time to time that require additional end user license terms. In such case, we may add these additional provisions in a product specific annex or section that will only apply to such new NPG Product and will not vary the terms of this EULA in relation to your use of existing NPG Products (and, as such, we will not be required to notify you of such additional terms unless you also use the new NPG Products).
If you have any questions or concerns regarding the terms herein, please email NPG at email@example.com. Do not use the NPG Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA. Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
You must be 13 years of age or older to install or to use the NPG Products. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the NPG Products for you. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a NPG Product, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the NPG Products or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the NPG Products, please contact us at firstname.lastname@example.org. Grant of License
Subject to your compliance with the terms and conditions of this EULA, New Performance Group Ltd grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the NPG Products (including all updates thereto) solely for your lawful, personal, and non-commercial use.4. Description of Other Rights and Limitations
A) Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the NPG Products or use the NPG Products for the benefit of any third party. You may not install the NPG Products on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the NPG Products, except to remove our NPG Products from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any NPG Products, or attempt to do so for any reason. You may not access, create or modify the source code of any NPG Products in any way. You do not have the right to and may not create derivative works of any NPG Products. All modifications or enhancements to an NPG Products remain the sole property of New Performance Group Ltd.
B) NPG Products Updates. We reserve the right to add or remove features or functions to existing NPG Products. When installed on your computer, the NPG Products periodically communicates with our servers. We may require the updating of the NPG Products on your computer when we release a new version of the NPG Products, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the NPG Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the NPG Products.
C) Mobile Usage. If you access an NPG Product through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using certain NPG Products may be prohibited or restricted by your network provider and not all NPG Products may work with your network provider or device.5. NPG Product Functionality
NPG Products allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "NPG Product Functions"). The NPG Product Services are provided by New Performance Group Ltd and third party suppliers who offer content and services in conjunction with or through an NPG Product (the "Third Party Partners"). The NPG Product Functions may be provided via your desktop, within your browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer), or within separate browser windows displayed over or under your principal browser window or by other means. NPG Products Functions may provide you with Internet search functionalities (for example, via a search box located within the NPG Product itself), the ability to reset your homepage, start page and/or tab page, the ability to reset your browser default search setting (thereby allowing you access to our Internet set features via your browser's address bar, omnibox and/or chrome search box), and/or links to other New Performance Group Ltd products or websites.
Muzaaq provides music from muzaaq.com website. Software may or may not use your location in order to provide better search results for local artists. It also may or may not use push notifications to provide new content for extension.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.6. Third-Party Partners
A) Third-Party Services and Content. The NPG Products may integrate, be integrated into, bundled, or be provided in connection with third-party services, feeds and/or content. If you are installing an NPG Product that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. NPG Products may provide access to search results or other links to Third Party Partner websites or resources. New Performance Group Ltd has no control over such sites and resources, in which you acknowledge and agree that New Performance Group Ltd is not responsible for the availability of such external sites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that New Performance Group Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such site or resource.
B) Access to Third-Party Services and Content through NPG Products. All services, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through a NPG Product, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an NPG Product you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will New Performance Group Ltd be liable in any way for any Content created by or originating with entities other than New Performance Group Ltd, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an NPG Product.7. Security
We have security measures in place that are designed to safeguard and help prevent unauthorized access to information we collect online through our NPG Products. We utilize both industry and proprietary standards to preserve the confidentiality of information. We seek to limit access to our users' information to employees who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. Unfortunately, no security system can be 100% secure; accordingly, we cannot guarantee the security of the information that we collect online. 8. Registration and Passwords
A) Registration. Most NPG Products will not require a registration: however, some NPG Products may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities, associate website or specific service. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.
B) Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
C) Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the NPG Product, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of our services.9. Un-install/Removal of a NPG Product
You can easily uninstall a NPG Product by either: (1) following the steps described in Windows Add/Remove programs dialog found in the control panel, or (2) clicking on the "help" or "setting" button within the NPG Product and following the steps to "uninstall".
The NPG Products, including all code, content, protocols, software, and documentation provided to you by New Performance Group are New Performance Group's property or the property of New Performance Group's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the NPG Products. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors. The New Performance Group name, logos and affiliated properties, are the exclusive property of New Performance Group Ltd. All other trademarks appearing on any NPG Product are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through an NPG Product. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.12. Copyright/Submissions
A) Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the NPG Product(s). It is your obligation to ensure that such content, including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted content that you contribute, submit or display.
B) New Performance Group respects and expects its users to respect the rights of copyright holders. On notice, New Performance Group will act appropriately to remove content that infringes the copyright rights of others. New Performance Group reserves the right to disable the access to NPG Products or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a NPG Product, or elements, infringe your copyright rights, Please contact New Performance Group Ltd.'s Copyright Agent at:
New Performance Group Ltd.
1st Floor, The Exchange, 18 Cybercity, Ebene, Mauritius
Please ensure you communication includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
C) Objectionable Content. New Performance Group may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at New Performance Group's sole discretion. "Objectionable Content" includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group
- Content that may harm minors in any way
- Content that has the goal or effect of "stalking" or otherwise harassing another
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy
- Content that is vulgar, offensive, obscene or pornographic
- Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
D) Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of marketing and/or promotion of the Services. If, at our request, you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of New Performance Group. None of the Submissions shall be subject to any obligation of confidence on the part of New Performance Group, and New Performance Group shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, New Performance Group shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
E) Repeat Infringer Policy. New Performance Group will terminate a user's access to a NPG Product(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
F) No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.13. Termination
You understand that New Performance Group, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any NPG Products at any time. Further, New Performance Group, with or without any reason, may at any time suspend or terminate any license hereunder and disable the NPG Products or any of its component features. You agree that New Performance Group shall not be liable to you or any third-party for any termination or disabling of the NPG Products.14. Disclaimer of Warranty
ALL NPG PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. NEW PERFORMANCE GROUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, NEW PERFORMANCE GROUP MAKES NO WARRANTY THAT THE NPG PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE NPG PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE NPG PRODUCT OBTAINED WILL MEET YOUR EXPECTATIONS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF AN NPG PRODUCT REMAINS SOLELY WITH YOU.
NEW PERFORMANCE GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEW PERFORMANCE GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW PERFORMANCE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE NPG PRODUCT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE NPG PRODUCT. IN NO EVENT SHALL NEW PERFORMANCE GROUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AN NPG PRODUCT.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE NPG PRODUCT, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.16. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NEW PERFORMANCE GROUP, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE NPG PRODUCTS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY NEW PERFORMANCE GROUP OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.17. Governing Law and Other Miscellaneous Terms
The substantive laws of Mauritius, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the NPG Products. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts located in Mauritius, with respect to all matters arising out of or relating to this EULA.
No failure or delay by New Performance Group in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.18. How to Contact Us
If you have any questions about this EULA or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
New Performance Group Ltd.
1st Floor, The Exchange, 18 Cybercity, Ebene, Mauritius
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