hank You for installing Messenger Plus! for Skype and for the Web Browser
Messenger Plus! For Skype
TERMS OF USE
The following license and terms of use (jointly: "Terms of Use") is an agreement between you, the end user, and Yuna Software Limited ("Yuna" or "we"). By downloading, installing and using Messenger Plus! for Skype and other additions as may be offered from time to time, including content (such as text, graphics, logos, button icons, images, audio files, data compilations etc.), any third party software made available in conjunction with it, and any and all available editions, add-ins, tools and documentations, either jointly or separately (jointly and severally: "Software"), you agree to be bound by these Terms of Use.
IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
Use of the Software is also governed by our Privacy Policy below the provisions of which are adopted herein by reference so when we refer to these Terms of Use we also refer to the Privacy Policy.
Please note that these Terms of Use limit our liability and that we do not provide warranties for the Software. It also limits your remedies. We encourage you to review these Terms of Use carefully and to periodically refer to them that you understand them and subsequent changes if any. We reserve the right to change the Terms of Use with immediate effect and we will post an appropriate notification.
The Software is not affiliated or endorsed by Microsoft, Facebook or Skype in any way. Skype is a trade mark of Skype or its related companies. This product/application has not been approved or endorsed by Skype, Skype Communications S.a.r.l. or any of their related companies.
1. LICENSE AND RESTRICTIONS
1.1. GRANT OF LICENSE. Subject to your acceptance of and compliance with these Terms of Use we grant you a personal, revocable, non-exclusive, non-assignable right to install and use this version of the Software solely for your private non-commercial purposes according to the terms set forth below.
1.2. LICENSE RESTRICTIONS. You agree and undertake not to (and not allow or provide means for others to) copy, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless expressly permitted or required by applicable law.
1.3. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
1.4. USE FOR COMMERCIAL PURPOSES. In the event that you would like to receive a license to use the Software for commercial and/or other non-personal purposes, you are required to contact us in advance, at
[email protected] in order to purchase such license under the terms of a separate license agreement, as shall be separately defined.
1.5. Please note the provisions of Section 5.7 below with respect to third party products.
2. INTELLECTUAL PROPERTY
2.1. The Software is protected by intellectual property laws and international treaty provisions. You acknowledge that Yuna, its affiliates and licensors own all rights, titles and interests in and to the Software, including and without limitation to all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights as may be updated and expanded from time to time.
2.2. You acknowledge that no title or interest to the Intellectual Property Rights in the Software is transferred to you.
2.3. Messenger Plus!, Plus!, the exclamation mark and/or other products, services and third party names and logos referenced herein are trademarks and/or service marks of their respective owners. No license is granted to you in these Terms of Use or otherwise, either expressly or implicitly, to use any of the aforementioned except as specifically permitted by way of the Software as licensed for example: notifying others that you are using the product).
2.4. Please note the provisions of Section 5.7 below with respect to third party products.
3. DISCLAIMER OF WARRANTIES
3.1. Yuna, its affiliates, licensors, suppliers and their respective directors, employees, agents and shareholders (jointly: the "Yuna Parties") disclaim any responsibility for any harm resulting from your use of the Software and/or any third party software/libraries associated with it accessed in conjunction with or through the Software.
3.2. THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE YUNA PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.3. THE YUNA PARTIES, JOINTLY AND SEVERALLY, ALSO DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE.
3.4. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SOFTWARE.
3.5. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF CERTAIN TERMS OR WARRANTIES, SO THE ABOVE EXCLUSIONS IN WHOLE OR IN PART MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION IN WHICH CASE ONLY THE LIMITATION WHICH ARE LAWFUL IN YOUR COUNTRY OR JURISDICTION WILL APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
4. LIMITATION OF LIABILITY
4.1. UNDER NO CIRCUMSTANCES SHALL THE YUNA PARTIES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SOFTWARE.
4.2. INASMUCH AS ENFORCEABLE UNDER APPLICABLE LAW, THE YUNA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF INCOME OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL OR REPUTATION, AND THE LIKE) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF THE YUNA PARTIES, JOINTLY OR SEVERALLY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
4.3. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
4.4. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OR LIMITATION OF LIABILITY OF CERTAIN TYPES OF DAMAGES OF, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN YOUR COUNTRY OR JURISDICTION. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
4.5. NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS OF USE, NOTHING IN THESE PROVISIONS SHALL RESTRICT OR EXCLUDE ANY LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) OF THE YUNA PARTIES IN RESPECT OF PERSONAL INJURY OR DEATH ARISING FROM THE NEGLIGENCE OF YUNA.
4.6. While these limitations of liability provisions use the Yuna Parties definition, the responsibilities and liabilities are not on a joint and several basis (i.e. each member of the Yuna Parties shall be solely responsible for the damages and losses caused by such member.
5. MISCELLANEOUS PROVISIONS
5.1. ENTIRE AGREEMENT. These Terms of Use and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Yuna.
5.2. NO WAIVER. Failure or delay of Yuna exercise any right, power or remedy under or to require or enforce strict performance by you of any provision of these Terms of Use, the Privacy Policy and any supplemental or incorporated documents or policies shall not be construed as a waiver or relinquishment of any such right, power or remedy.
5.3. LANGUAGE. Where we provide you with a translation of the English language version of the of the Terms of Use, Privacy Policy or any other document, , you agree that the translation is provided for your convenience only, does not come to modify the English version and that the English language versions govern our relationships with Google.
5.4. TERMINATION AND SUSPENSION. This license is effective until terminated. If indicated as a time-limited license, this license will immediately terminate without notice from us when the license period expires. This license will immediately terminate without notice from us if you fail to comply with any provision of this license or should we reasonably suspect illegal or improper use. We may further terminate this license at any time and any reason at its sole discretion. Upon termination you shall destroy all the copies and Installations of the Software. We reserve the right to stop offering and/or supporting the Software or part of the respective services at any time either permanently or temporarily, at which point your license to use may be automatically terminated or suspended.
5.5. GOVERNING LAW AND DISPUTES. These Terms of Use and any claim or dispute arising out of it shall be governed in all respects by the laws of the State of New York, U.S.A., excluding its choice-of-law rules, without regard to conflict of law provisions and regardless of your country of origin or where you use the Software. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. You and Yuna agree that all claims arising out of or in relation to the Terms of Use, the Software and any related services or components and the relationship between the parties shall be settled primarily through negotiations. In the event that disputes cannot be settled through negotiations, they shall be settled by the competent courts of New York City, New York, U.S.A. Notwithstanding the above, you agree that Yuna shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
5.6. SEVERABILITY. If the event any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Terms of Use or section, but rather the entire Terms of Use or section shall be construed as if not containing the particular invalid or unenforceable provision and the rights and obligations of the parties shall be construed and enforced accordingly.
5.7. THIRD PARTY PRODUCTS AND SERVICES. The Software may include a third party offers, button and gadgets. By choosing these, you will be receiving services from online service providers or transferred to online merchants or other third party sites. We are not responsible for the content or privacy practices of those sites, and these Terms of Use do not apply to the third party products and services. Before using third party sites, you should read and understand those sites'/product's terms of use and privacy policies to ensure you agree to their terms.
This software contains unmodified binary redistributions for FFmpeg (http://ffmpeg.org). An original copy of the license agreement and source code can be found at: http://ffmpeg.org/legal.html This software contains unmodified binary redistributions for Sound eXchange (http://sox.sourceforge.net). An original copy of the license agreement and source code can be found at: http://sourceforge.net/projects/sox/ This software uses the library libsox from the Sound eXchange (SoX) project under the GNU LGPLv2.1 You can get the libsox library and its source code at http://sox.sourceforge.net/. This software uses libraries from Qt under the LGPLv2.1. You can get the libraries and source code at http://qt.nokia.com/. You can also read the full LGPL v2.1 license at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.txt.
5.8. The Software adds features to Facebook. If you notice any problem while using Facebook along with the Software, uninstall it before contacting customer support. Facebook cannot give any support regarding the use of the Software or the changes it may or may not do.
5.9. From time to time, the Software may contact its servers to check for new versions of the Software. If new versions exist, you will be notified and asked to install the update. No update is done silently; every update requires user interaction and update notifications can be disabled.
5.10. YUNA AFFILIATES. Without prejudice to Yuna's other rights and remedies pursuant to these Terms of Use, any affiliate of Yuna may rely upon and enforce these Terms of Use.
6. QUESTIONS:
Should you have other questions or concerns about these Terms of Use, please contact us at
[email protected].
Term of Use Effective Date: January 02, 2012
PRIVACY POLICY
1. GENERAL
This Privacy Policy is intended for those using Messenger Plus! for Skype and other additions as may be offered from time to time, any third party software made available in conjunction with it, and any and all available editions, add-ins, tools and documentations, either jointly or separately (jointly and severally: "Software") and explains how we treat information that is received and/or collected, when collected, through the use of the Software. Your download, installation of use of the is subject to this Privacy Policy as well as the applicable Terms of Use above.
The Software is not affiliated or endorsed by Microsoft, Facebook or Skype in any way.
2. YOUR CONSENT
By using the Software you consent to the collection and use of information in the manner set out in this Privacy Policy. We encourage you to review the Terms of Use above and this Privacy Policy carefully and to periodically refer to them that you understand them and subsequent changes if any. We reserve the right to change the Terms of Use above and this Privacy Policy with immediate effect and we will post an appropriate notification.
3. THE INFORMATION WE COLLECT
We respect your right to privacy. Unless specifically indicated in this document, you do not have to provide us with any personally identifying information in order to download, install or use the Software.
However, if you wish to take advantage of some of the more special services that we may offer from time to time, you may need to provide certain information and this statement (as may be amended from time to time) shall apply as well as the terms of use and privacy guidelines specific to such service, where available.
The Software uses industry standard technologies and will set (sometimes in the browser's "localstorage") and send standard, limited information including the installation and version details, date and time etc.
Cookies - We may set cookies as you visit our website, use our online products and services or view our products and offers. A cookie is a small amount of data which is stored on your computer's hard drive for the purpose of identifying the browser or product during interactions. We also use cookies to track the interest and usage patterns of our users so we can achieve our goals as set forth in the "HOW WE USE THE INFORMATION" chapter below. You can configure your web browser not to accept cookies, although this may affect how you see and are able to use our website and online products and services.
4. HOW WE USE THE INFORMATION
We may use the information collected to optimize the performance, improve the usability, provide additional or customized offerings, make sure things are working properly, enhance the experience on the Software and for use in aggregate for commercial purposes such as marketing, promotions etc. We may share with third parties, such as business partners, advertisers and search engines. We may also share such information within our group of companies, government bodies and law enforcement agencies and successors in title to our business.
However, unless specifically indicated in this document, such information is collected without any association to your personally identifying information so that you remain anonymous.
In relation to the information we gain when you email us, we may use your e-mail address to acknowledge your comments and/or reply to your questions and we may store your communication and our reply in case we need to correspond at a later date. We will not provide your e-mail address to anyone.
5. THIRD PARTY PRODUCTS AND SERVICES
The Software may include a third party offers, button and gadgets. By choosing these, you will be receiving services from online service providers or transferred to online merchants or other third party sites. The information we share with these third parties is in compliance with this Privacy Policy. We are not responsible for the content or privacy practices of those sites, and our Privacy Policy does not apply to information collected by those sites. Before using third party sites, you should read and understand those sites'/product's terms of use and privacy policies to ensure you agree to their terms.
6. PLUS! WEBSITES
This Privacy Policy is intended for those visiting Plus! websites, plusnetwork.com, msgpluslive.net and its affiliated or localised domains such as msgpluslive.fr and msgpluslive.nl etc. For more information on these websites' privacy policies please check with the websites.
7. SECURITY
We have security measures in place to protect the loss, misuse and alteration of the information under our control. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access.
Messenger Plus! Smartbar
END USER LICENSE AGREEMENT
This is an agreement between you, the end user, and Market Connect Services Ltd (“us” or “we”). By installing, or using the Software (as defined below) you agree to be bound by this End User License Agreement, hereinafter referred to as the "EULA”.
Agreement
This agreement applies to the Messenger Plus! Community Smartbar, including all available editions, add-in tools and documentation, hereinafter referred to as the "Software".
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, DISTRIBUTE OR USE THIS SOFTWARE.
1. GRANT OF LICENSE. We grant you a non-exclusive right to install and use this copy of the Software according to the terms set forth below.
2. LIMITED USE. The license is limited to personal use of the Software only. You may not make any use of the Software under this Agreement for any commercial purposes. The license is further limited for use on your personal computer. Any use of the Software on an additional computer required separate acceptance of this Agreement. You undertake not to try to by-pass the above limitations in any manner, by copying the Software or otherwise.
3. USE FOR COMMERCIAL PURPOSES. In the event that you would like to receive a license to use the Software for commercial and/or other non-personal purposes, you are required to contact us in advance, at
[email protected], in order to purchase the license to the Software under the terms of a separate license agreement, as shall be separately defined.
4. TRANSFERS. You may not transfer the license to the Software to someone else unless you receive the prior written consent from us. Such consent may be withheld for any reason.
5. COPYRIGHT. The Software is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from us.
6. REVERSE ENGINEERING AND CRACKING. You agree that you will not attempt to reverse compile, modify, adapt, translate, copy, emulate, clone, or disassemble the Software in whole or in part. You also agree that you will not attempt to circumvent ("crack") any technical limitations on the period of use or available set of features of the Software, unless permitted by a valid license.
7. DISCLAIMER OF WARRANTIES. THIS SOFTWARE AND THE ACCOMPANYING FILES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON INFRINGEMENT ARE OFFERED. The user must assume the entire risk of using the program. INASMUCH AS ENFORCEABLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMANGES.
8. TERMINATION. This license is effective until terminated. If indicated as a time-limited license, this license will immediately terminate without notice from us when the license period expires. This license will immediately terminate without notice from us if you fail to comply with any provision of this license. We may further terminate this license at any time and any reason at its sole discretion. Upon termination you shall destroy all the copies and Installations of the Software.
9. GOVERNING LAW AND DISPUTES. This agreement shall be governed by the laws of the State of Israel and shall benefit Market Connect Services Ltd (“us” or “we”), its successors and assigns. Any disputes shall be settled primarily through negotiations. In the event that disputes cannot be settled through negotiations, they shall be settled by the competent courts of Tel-Aviv, Israel.
10. SEVERABILITY. In the event of invalidity of any provision of this license, such invalidity shall not affect the validity of the remaining portions of this license.
11. RESERVED RIGHTS. We reserve the right to change the license terms at any time, in which case the new terms will apply to copies of the Software produced or obtained after the change.
PRIVACY POLICY
General
This Privacy Policy explains how we treat information that is received and/or collected, when collected, through the use of this MESSENGER PLUS! COMMUNITY SMARTBAR. Your download, installation or use of the MESSENGER PLUS! COMMUNITY SMARTBAR is subject to this Privacy Policy as well as the applicable Terms of Use.
Please read the Terms of Use and this Privacy Policy carefully. We reserve the right to change our Privacy Policy with immediate effect; we will notify you if we materially change the Privacy Policy. We encourage you to periodically refer to this policy so that you understand it and subsequent changes if any.
The information we collect
We respect your right to privacy. You do not have to give us any personally identifying information in order to download, install or use the MESSENGER PLUS! COMMUNITY SMARTBAR. However, if you wish to take advantage of some of the more special personalized services that we may from time to time offer, you will need to provide certain information and the terms of use and privacy guidelines specific to such service may be presented to you.
The MESSENGER PLUS! COMMUNITY SMARTBAR will activate when you open your internet browser(s). In addition, the features offered to you on the MESSENGER PLUS! COMMUNITY SMARTBAR shall activate and transmit data when you chose to use them (for example, any time you use the search bar a query will be sent and results communicated, when you connect to the offered services or service providers etc.) The MESSENGER PLUS! COMMUNITY SMARTBAR uses industry standard technologies and will send standard, limited information including the MESSENGER PLUS! COMMUNITY SMARTBAR installation and version details, your use of the MESSENGER PLUS! COMMUNITY SMARTBAR, the internet domain and IP address from which you are accessing, date and time, cookies etc.
However such data is collected without any association to your personally identifying information so that you remain anonymous.
How we use the information
We may use the information collected to optimize the performance, improve the usability, and enhance the experience on the MESSENGER PLUS! COMMUNITY SMARTBAR and for use in aggregate for commercial purposes such as marketing, promotions etc. We may share with third parties, such as business partners, advertisers and search engines. We may also share such information within our group of companies, government bodies and law enforcement agencies and successors in title to our business. Again, such data is collected without any association to your personally identifying information so that you remain anonymous.
In relation to the information we gain when you email us, we may use your e-mail address to acknowledge your comments and/or reply to your questions and we may store your communication and our reply in case we need to correspond at a later date. We will not provide your e-mail address to anyone.
Third party products and services
The MESSENGER PLUS! COMMUNITY SMARTBAR may include a third party search bar and a directory of third party offers, button and gadgets. You will be transferred You will be receiving services from online service providers or transferred to online merchants or other third party sites through links on the MESSENGER PLUS! COMMUNITY SMARTBAR. The information we share with these third parties is in compliance with this Privacy Policy. We are not responsible for the content or privacy practices of those sites, and our Privacy Policy does not apply to information collected by those sites. Before using third party sites, you should read and understand those sites' privacy policies to ensure you agree to their terms.
Security
We have security measures in place to protect the loss, misuse and alteration of the data under our control. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access.
According to the license agreement provied by Yuna Software, it was effective as of January 02, 2013. For the most up to date Terms or EULA, visit the publisher's website. The above content is the sole property of Yuna Software and replished on this site for transparency purposes only. All questions about these republished terms should be directed to the publisher directly by visiting the publisher's site at http://www.msgplus.net.
If you have Messenger Plus! for Skype installed on your computer, you can easily remove it by downloading "Should I Remove It?", it installs in seconds (just click the download button below).