By using the Passport Auto-fill Browser Extension, you agree to the following license terms.

This end user license agreement (“EULA”) governs your download and/or use of the executable code for the Passport Auto-fill software application, including any update or upgrade thereto (“Software”). This EULA forms a binding contract between you and DataMystic, an Australian company with an address at 5 Bond St, Mount Waverley, Victoria 3149, Australia (“DataMystic”).

This is a contract.

This EULA constitutes a contract between you and DataMystic. You may not use the Software if you do not accept the terms in this EULA. By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept this EULA on your behalf and approve your use of the Software.

You are only granted a limited license to use the Software.

Subject to the terms and conditions of this EULA, DataMystic hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to:

(A) use the executable code version of the Software solely as installed on your personal computer; and

(B) reproduce and distribute the Software solely as included in an application repository for a desktop open source operating system distribution PROVIDED THAT in all cases the Software is distributed: (i) without modification; (ii) free of charge to end-users; and (iii) with a copy of this EULA. Distribution for embedded open source operating systems is not permitted. For the avoidance of doubt, the Software must be distributed without modification (including as to the default search engine(s) in the Software settings), both at the time of distribution as well as after the Software is installed.

You may only use the Software as expressly authorized in this section.

You must respect our rights in the Software.

Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.

The Software contains our valuable intellectual property.

You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of DataMystic and its suppliers. 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. The Software is the exclusive property of DataMystic and its suppliers, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of DataMystic, except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to DataMystic for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

Your privacy is important to us.

DataMystic takes the protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy policy. The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with the Privacy Statement.

Your license to use the Software terminates if you breach this EULA.

This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by DataMystic, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 14 of this EULA shall survive termination.

The Software is provided without any warranties or guarantees.

THE SOFTWARE IS PROVIDED “AS IS”, AND DATAMYSTIC DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. DATAMYSTIC DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DATAMYSTIC. DATAMYSTIC WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF DATAMYSTIC’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.

DataMystic is not liable for any damages you may incur.

IN NO EVENT SHALL DATAMYSTIC, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF DATAMYSTIC ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO DATAMYSTIC IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, ZERO DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DATAMYSTIC. DATAMYSTIC WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.

This contract is based on Australian law.

This EULA will be governed by the laws of Australia without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Melbourne City Court, and you hereby agree to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. Notwithstanding this, you agree that DataMystic shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is 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.

DataMystic may modify these Terms.

DataMystic may update the terms of this EULA, the Privacy Statement or the Terms of Service. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA, Privacy Statement and Terms of Service.

General.

You acknowledge and agree that the Software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining DataMystic’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.

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If you have a question about this license, or you feel it needs to be updated or modified, please contact us.