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This End User License Agreement ("License") is an agreement between you and Viasat, Inc., with its principal place of business
at 6155 El Camino Real, Carlsbad, California, 92009 ("Viasat"). This License governs your use of Viasat's Sparrow
Web Browser application that provides you with a web browsing application to provide you access to the internet, and
any and all related documentation, updates, and upgrades that replace or supplement the Sparrow Web Browser application
in any respect which are not distributed with a separate license agreement (the "Application"). This Application is
licensed to you, not sold.
BY INSTALLING OR USING THE APPLICATION, YOU AGREE TO THE TERMS OF THIS LICENSE AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this License, then you may not install or use the Application. This License is enforceable against any person or entity that uses the Application or any person or entity that uses the Application on another person's or entity's behalf.
a. Consent to Use. When using this Application and navigating to a webpage, or when the Application predicts that you might navigate to a webpage, the Application sends the webpage address you are trying to visit, or are predicted to visit, to Viasat's Internet Hinting Service. The Internet Hinting Service provides the Application with hints as to how to render the page faster. When the page is finished loading, the Application sends information back to the Internet Hinting Service that describes the loading process so that the hinting system can learn and send better hints next time. The specific information provided to the Internet Hinting Service includes the list of objects on the web page, the time for each object to load, whether any failures occurred loading the objects and object meta-data. To facilitate your use of this Application, product support, product development and for network troubleshooting, you agree to allow Viasat's Internet Hinting Service to collect and use the information in the manner mentioned in this Section 1(a). You may temporarily limit Viasat's access to this information by operating the Application in incognito mode.
b. Grant. Through installing or using this Application, you are acquiring and Viasat grants you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable, revocable license to install and use the Application for your use on a single, authorized device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application, and shall end on the earlier of the date that you remove, delete or uninstall the Application from any device on which you have loaded the Application, or Viasat terminates this License.
c. Restrictions. Your right to use the Application is limited to the License grant herein, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized in writing by Viasat. Unless expressly authorized in writing by Viasat, you are prohibited from making a copy of the Application available publically where it can be used or downloaded by any other users. You may not remove or alter Viasat's trademarks, logos or legal notices in the Application or in Viasat's related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Application. For instance, if use of the Application is in violation of your service agreement with your current internet service provider, then you may not use this Application. Additionally, you may not (i) use the Application on a time-sharing, service bureau or other basis for the purpose of providing services to others, or (ii) distribute, provide or otherwise make the Application available to any third party, in whole or in part, through any medium or process. Nothing in this License entitles you to use the Application to create software products or development tools, or receive the source code to the Application, in whole or in part, unless otherwise expressly agreed in writing by Viasat.
d. Reservation of Rights. Except as expressly licensed to you herein, Viasat reserves all right, title and interest in the Application (including, but not limited to, all images, photographs, animations, video, text, and content), and all associated copyrights (including, but not limited, copyrights, copyright registration and copy rights with respect to computer software, software design, software code, software architecture, firmware, programming tools, graphic user interfaces, reports, dashboards, business rules, use cases, screens, alerts, notifications, drawings, specifications and databases), moral rights, trade secrets and other rights with respect to confidential or proprietary information, know-how, other rights with respect to inventions, discoveries, ideas, improvements, techniques, formulae, algorithms, processes, schematics, testing procedures, technical information and other technology, trademarks, and other intellectual and industrial property rights therein. Except as expressly stated in this License, Viasat does not grant you any intellectual property rights in the Application, and all right, title, and interest in and to all copies of the License not expressly granted herein remain with Viasat, its suppliers and/or its licensors. Except to the extent permitted under this License or applicable law, you may not decompile, disassemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. The Application is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by Viasat.
e. Your Contributions. In exchange for use of the Application, and to the extent that your contributions through modifying, altering or adding onto the Application give rise to any intellectual property right interest, including copyright interest, you hereby grant Viasat an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Application and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate your contributions to the public by any means, whether now known or unknown, and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.
f. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. Viasat does not guarantee that this Application can be accessed on all devices. Viasat does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your internet service provider or wireless carrier may charge you fees for data, messaging and/or other internet access. Check with your internet service provider to determine if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATION FROM YOUR DEVICE.
2. Termination The License is effective until terminated. You may terminate this License at any time by deleting the Application from your device. Viasat may terminate this License (and your license rights) at any time, in its sole and absolute discretion, with or without notice. Your rights under this License will terminate immediately and automatically without any notice from Viasat if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of Viasat's other rights or remedies at law or in equity. Sections 1(a), 1(d), 1(d), 2, 3, 4, 5, 6, 7, 8, and 9 of this License shall survive termination or expiration of this License for any reason.
3. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCE OR GURANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. VIASAT DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STAUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. VIASAT DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; THAT THE INFORMATION CONTAINED IN THE APPLICATION IS TRUE AND ACCURATE; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY VIASAT OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AND SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL VIASAT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, OR PROFITS OR BUSINESS INTERUPTION) ARISING OUT OF OR RELATED TO THIS LICENSE OR THE USE OR PERFORMANCE OF THE APPLICATION, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT VIASAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, VIASAT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BUSINESS INTERRUPTION OR LOSS OF DATA ARISING FROM THE TERMINATION OF THE LICENSE RIGHTS GRANTED HEREIN AND ANY ASSOCIATED CESSATION OF THE FUNCTIONS OF THE APPLICATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. VIASAT IS ACTING ON BEHALF OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY, BUT IN NO OTHER REPSECTS AND FOR NO OTHER PURPOSES. IN NO EVENT SHALL VIASAT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED $50.00.
5. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License You agree that the provisions of this License that limit liability and disclaim warranties are essential terms of this License.
6. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of such provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
7. Export. You will comply fully with all relevant export laws and regulations of the United States and any other country ("Export Laws") where you use the Application. You certify that you are not on any of the U.S. Government lists of prohibited persons, including but not limited to the Treasury Department's List of Specially Designated Nationals, and the Commerce Department's List of Denied Persons or Entity List. You further certify that you shall not export, re-export, ship, transfer or otherwise use the Application in any country subject to an embargo or other sanction by the United States, including but not limited to, Iran, Syria, Cuba, Sudan and North Korea, and that you shall not use the Application for any purpose prohibited by the Export Laws, including, but not limited to, nuclear, chemical, missile or biological weapons related end uses.
8. Injunctive Relief. You agree that your breach of this License will cause irreparable injury to Viasat for which monetary damages would not be an adequate remedy and Viasat shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
9. Applicable Law. This License is made in the State of California. This License and all of the parties' respective rights and duties, including, without limitation, any claims for breach of this License, shall be governed by and construed in accordance with the laws of the State of California, in the United States, without giving effect to any conflicts of law provisions.
10. Entire Agreement. This License constitutes the entire and only agreement with respect to its subject matter between you and Viasat, and is applicable to all users of the Application. This License supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to its subject matter except as expressly set forth in this License.
Our top priority with Project Sparrow is to make a faster browser by thinking about the web differently. Already faster than leading browsers, our innovative technology learns how to surf faster the more you use it.
See for yourself
Viasat built a smarter way to surf the web. Using artificial intelligence, we rethought how browsers work and built new technology that allows Project Sparrow to study and learn webpages in order load the internet in a better way than other browser.
Built on the same opensource platform as Chrome, it employs all the security features you expect. In addition, we have built in Ad-blocking for an even safer experience. Web surfing is made more secure by preventing malware and internet trackers from loading.
Project Sparrow is the first browser to crowdsource the internet so that together, we can make it better for everyone. As the community grows, it gets faster and smarter so that together, we all help improve the web for the larger Sparrow user base.