End User License Agreement
Last updated on • 28th Nov 2022     Effective date on • 28th Nov 2022

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This End User License Agreement (‘EULA’) governs your download and/or use of the Santa web browser and all related services, including, without limitation, any features, content, websites, software, products, or applications offered from time to time by Santa in connection therewith (collectively ‘Services’), including any update or upgrade thereto.

This EULA forms a binding contract between you (‘You’ or the ‘User’) and Santa Browser, a British Virgin Islands entity (‘Santa’ or the ‘Company’).

This EULA sets out the basis on which Santa makes the Services available to the User on which the User may use them. Santa’s Terms and Conditions (‘Terms of Use’) WHich can be found on Terms and conditions and the Privacy Policy which can be found on  Privacy Policy form an integral part of this EULA and are deemed to be incorporated by reference. To the extent that the provisions of this EULA conflicts with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

BY CLICKING THE ACCEPT BUTTON, OR BY INSTALLING OR USING THE SANTA BROWSER, YOU ARE CONSENTING TO BE BOUND BY (1) THIS EULA AND (2) THE TERMS OF USE, AND (3) THE PRIVACY POLICY AT ALL TIMES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE ACCEPT BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE SANTA BROWSER.

During the Santa installation process, and at later times, you may be given the option of installing additional components from third-party software providers. The installation and use of those third-party components may be governed by additional license agreements.

Santa may, in its sole discretion, refuse to offer the Services to any individual, entity or jurisdiction and change the eligibility criteria at any time.

Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.

1. Grant of license

1.1. Source code for portions of the Santa Browser may be available in source code form under the terms of the Santa public license and other open source licenses (“Open Source Licenses”) . Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses.

1.2.  Nothing in this EULA will be construed to limit any rights granted under such Open Source Licenses with respect to the code specifically covered by such licenses.

1.3.  Subject to the terms hereof, Santa grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the executable code version of the Santa web browser.

1.4.  The Services are licensed and not sold to the User, and no title or ownership to such Services or the intellectual property rights embodied therein is granted to the User.

1.5.  Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Santa, except to the extent necessary for the User to use the Software as expressly permitted under this EULA.

1.6.  The User acknowledges and agrees that in the event of any actual or threatened breach of this EULA, the above license and the User’s right to use the Services would terminate immediately and without notice.

1.7.  These remedies are cumulative and in addition to any other remedies which may be available under the applicable laws.

1.8.  This Agreement will also govern any upgrades and updates provided by Santa that replace and/or supplement the original Services, unless such upgrades and updates are accompanied by a separate license, in which case the terms of that license will govern.

2. Open source software

2.1.  The Services may include the Software product which may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party.

2.2.  The Open Source Software is not subject to the terms and conditions of this Agreement. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software.

2.3.  Nothing in this Agreement limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software.

2.4.  Any fees charged by Santa in connection with the Software, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms.

2.5.  The terms and conditions of the applicable license for the Open Source Software are available on the License.txt file, which is provided with the Software.

3. Provision of services by Santa

3.1. Santa is constantly innovating in order to provide the best possible experience for its users. The User hereby acknowledges and agrees that the form and nature of the Services which Santa provides may change from time to time without prior notice to the User.

3.2. As part of this continuing innovation, the User acknowledges and agrees that Santa may stop (permanently or temporarily) providing the Services (or any features within the Services) to the Users generally at its sole discretion, without prior notice to the User.

4. Restrictions on the user

Without limiting Santa’s rights to take action against the User, the User is not permitted to, or even attempt to do the following:

4.1.  Remove any copyright, trademark or other proprietary notices from any portion of the Services;

4.2.  Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Santa;

4.3.  Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;

4.4.  Link to, mirror or frame any portion of the Services;

4.5.  Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

4.6. Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

5. Confidentiality Clause

5.1.  Santa acknowledges that the Application Software is confidential in nature and constitutes a trade secret belonging to Santa.

5.2.  Santa agrees to hold the Application Software in confidence for the User and not to sell, rent, license, distribute, transfer, or disclose the Application Software or its contents, including methods or ideas used in the Application Software, to anyone.
5.3.  Santa shall instruct all employees to whom any such disclosure is made that the disclosure is confidential and that the employee must keep the Application Software confidential by using the same care and discretion that they use with other data designated by the User as confidential.

5.4.  The confidentiality requirements of this section shall be in effect both during the term of this EULA and after it is terminated, provided, that the foregoing restrictions shall not apply to information.
(a) generally known to the public or obtainable from public sources;
(b) readily apparent from the keyboard operations, visual display, or output reports of the Application Software;
(c) previously in the possession of the User or subsequently developed or acquired without reliance on the Application Software; or
(d) approved by Santa for release without restriction.

6. Trademarks

6.1. All Santa logos, marks and designations are trademarks or registered trademarks of Santa. All other trademarks mentioned are the property of their respective owners. The trademarks and logos displayed may not be used without the prior written consent of Santa or their respective owners.

7. Disclaimer of warranty

7.1. ALL USE OF THE SERVICES AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT THE USER’S OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SANTA BROWSER AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

8. Indemnification

8.1.  The User agrees to defend, indemnify, and hold harmless Santa, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable legal fees, that arise from or relate to (i) the User’s use or misuse of, or access to, the Services, or (ii) the User’s violation of the Terms of Use or any applicable laws, contracts, policies, regulations or other obligations.

8.2.  Santa reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will assist and cooperate with Santa in connection therewith.

9. Limitation of liability

9.1. IN NO EVENT SHALL SANTA OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR THE USER’S RELIANCE ON THE SERVICES.

10. Terminations

10.1. The EULA is effective from the earlier of the date of the download or use of Santa’s Services according to its terms.

10.2. Santa may terminate this EULA, at any time, for any reason. Your rights under this license will terminate automatically without notice from Santa if you fail to comply with any of the terms and conditions of this EULA.

10.3 Upon the termination of the EULA, the User will discontinue all use of the Software and Services, promptly destroy or have destroyed the Software and any copies there of, and, upon request by Santa, certify in writing that such destruction has taken place.

10.4 These remedies are cumulative and in addition to any other remedies which may be available under the applicable laws.

11. Waiver and Severability

11.1. Failure to enforce a provision of this EULA will not constitute a waiver of that or any other provision of this EULA. If a court of competent jurisdiction determines that any part of this EULA or document that incorporates this EULA by reference is unenforceable, that ruling will not affect the validity of all remaining parts.

12. Changes and modification of this EULA

12.1. Santa reserves the right to change, modify, add or delete articles in this EULA at any time. Santa will notify you of any changes to this EULA by posting the new EULA at this link www.santabrowser.com/eula

12.2. You are responsible for ensuring that Santa has an up-to-date active and deliverable email address, and for periodically visiting our Services and this EULA to check for any changes.

13. Injunctive Relief

13.1. You acknowledge that, in the event you breach any provision of this EULA, Santa will not have an adequate remedy in money or damages. Santa shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction. Santa’s right to obtain injunctive relief shall not limit its right to seek further remedies, as applicable.

14. Applicable law and jurisdiction

This EULA is governed by and construed in accordance with the laws of the British Virgin Islands (BVI) Any legal suit, action or proceeding arising out of or related to this EULA or the Services shall be instituted exclusively in the courts of BVI , although Santa retains the right to bring any suit, action or proceeding against the User for breach of the EULA in any other relevant jurisdiction.

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