AnchorFree Hotspot Shield Software License and Terms of Service

This program is distributed by Anchorfree in the hope that it will be useful, bu

t WITHOUT ANY WARRANTY; without even the implied warranty
of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
THIS SOFTWARE IS PROVIDED BY Anchorfree AS IS'' AND ANY EXPRESSED OR IMPLIED WAR
RANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILIT
Y AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL Anchor
free BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONS
EQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABI
LITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following Hotspot Shield Software License and Terms of Service Agreement (th
e Agreement ) for the Hotspot Shield Software and Service is a legal contract betwe
en you, an individual subscriber ( You ), and AnchorFree, Inc. ( AnchorFree ) regarding
your use of the Hotspot Shield Software to create a virtual private network ( VPN )
connection (the Service ).
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING I
AGREE BUTTON AT THE END OF THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING
A BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE I DECLINE BU
TTON AND THE HOTSPOT SHIELD SOFTWARE WILL NOT BE INSTALLED ON YOUR DEVICE. IF Y
OU DO NOT AGREE TO THE TERMS, YOU MUST DESTROY, RETURN OR DELETE ALL COPIES OF T
HE HOTSPOT SHIELD SOFTWARE IN YOUR POSSESSION.
1 Eligibility. the Service IS not available to persons under the age of 13
or to any Users previously suspended or removed from the Service by AnchorFree.
By clicking the I Agree button or by otherwise registering for, accessing or usi
ng the Service, you represent that you are at least 13 years of age and have not
been previously suspended or removed from the Service by AnchorFree.
2 Hotspot Shield Privacy Notice. Your privacy is important to AnchorFree.
AnchorFree s Hotspot Shield Privacy Notice is hereby incorporated into these Ter
ms by reference. Please read this notice carefully for information relating to
the Hotspot Shield s collection, use, and disclosure of your personal information.
3 Additional Guidelines. When using the Service, you will be subject to a
ny additional posted guidelines or rules applicable to specific services and fea
tures which may be posted from time to time (the Guidelines ). All such Guidelines
are hereby incorporated by reference into these Terms.
4 Modification of these Terms. AnchorFree reserves the right, at our disc
retion, to change, modify, add, or remove portions of these Terms at any time.
Please check these Terms and any Guidelines periodically for changes. Your cont
inued use of the Service after the posting of changes constitutes your binding a
cceptance of such changes. For any material changes to these Terms, such amende
d terms will automatically be effective thirty days after they are initially pos
ted on the Service.
5 Digital Millennium Copyright Act. It is AnchorFree s policy to respond to
notices of alleged copyright infringement that company with the Digital Millenni
um Copyright Act, For more information, please go to AnchorFree s DMCA Notificatio
n Guidelines.
6 The Hotspot Shield Software.
6.1 Hotspot Shield Software License. Subject to the terms and conditions se
t forth in this Agreement, AnchorFree grants You a limited, nonexclusive, person
al, nontransferable license to install and use one (1) copy of the provided vers
ion of the Hotspot Shield Software in object code format, to access the Service
for internal and personal purposes only, and on only one (1) Device (as defined
in Section 7.1 below). The Hotspot Shield Software is in use on a computer when i
t is loaded into the temporary memory (e.g., RAM) or installed into the permanen
t memory (e.g., hard disk, CD-ROM or other storage device) of a Device.
6.2 Hotspot Shield Software License Restrictions. YOU MAY NOT (AND MAY NOT
ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIM
ESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE HOTSPOT SHIELD SOF
TWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not (
and may not allow a third party to): (a) reverse engineer, decompile, disassembl
e or attempt to reconstruct, identify or discover any source code, underlying id
eas, underlying user interface techniques or algorithms of the Hotspot Shield So
ftware by any means whatsoever, except to the extent the foregoing restrictions
are expressly prohibited by applicable law; (b) remove or destroy any copyright
notices or other proprietary markings; (c) attempt to circumvent any use restric
tions; (d) modify or adapt the Hotspot Shield Software, merge the Hotspot Shield
Software into another program or create derivative works based on the Hotspot S
hield Software; or (e) use, copy or distribute the Hotspot Shield Software witho
ut AnchorFree s written authorization, except that You may make one (1) copy of th
e Hotspot Shield Software for archival or backup purposes only.
6.3 Content Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO)
COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY O
THER FORMAT) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE WHILE USING THE
HOTSPOT SHIELD SOFTWARE OR SERVICE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY S
UCH PROHIBITED USE OF COPYRIGHTED CONTENT.
7 The Service.
7.1 Availability. AnchorFree agrees to allow You to use the Hotspot Shield
Software solely to access the Service. A computer or other equipment enabled to
access the Internet ( Device ) is required to utilize the Service. You are solely
responsible for ensuring that your Device is sufficient and compatible for use w
ith the Service. The speed and quality of the Service may vary and the Service
is subject to unavailability, including emergencies, third party service failure
s, transmission, equipment or network problems or limitations, interference, sig
nal strength, and maintenance and repair, and may be interrupted, refused, limit
ed or curtailed. AnchorFree is not responsible for any failures to maintain the
confidentiality, security, accuracy or quality of your data, messages or pages
whether or not related to interruptions or performance issues with the Service.
7.2 Denial of Access; Third Party Access. AnchorFree reserves the right to
modify or discontinue the Service at anytime without any notice for its conveni
ence. AnchorFree may deny access to the Service without any prior notice if You
are in breach of this Agreement. You shall not allow any third party to access
the Service from your Device.
8 Prohibited Conduct.
8.1 BY USING THE HOTSPOT SHIELD SOFTWARE OR THE SERVICE YOU AGREE not TO:
8.2 use the Hotspot Shield Software or Service for any fraudulent, harassing
or abusive purpose, or so as to damage or cause risk to our business, reputatio
n, employees, subscribers, facilities, or to any person;
8.3 rent, lease, loan, sell, resell, sublicense, distribute or otherwise tra
nsfer the Service, Hotspot Shield Software or any Materials (as defined in Secti
on 11, below);
8.4 delete the copyright or other proprietary rights on the Hotspot Shield S
oftware or Service;
8.5 use the Hotspot Shield Software or Service for any illegal purpose, or i
n violation of any local, state, national, or international law;
8.6 use the Service or Hotspot Shield Software for any commercial use, it be
ing understood that the Hotspot Shield Software and Service is for personal, non
-commercial use only;
8.7 use the Hotspot Shield Software or Service if You are under the age of 1
3 years old;
8.8 remove, circumvent, disable, damage or otherwise interfere with security
-related features of the Hotspot Shield Software or Service, features that preve
nt or restrict use or copying of the Hotspot Shield Software, or features that e
nforce limitations on the use of the Service;
8.9 reverse engineer, decompile, disassemble or otherwise attempt to discove
r the source code of the Service or Hotspot Shield Software or any part thereof,
except and only to the extent that such activity is expressly permitted by appl
icable law notwithstanding this limitation;
8.10 modify, adapt, translate or create derivative works based upon the Hotsp
ot Shield Software or Service or any part thereof, except and only to the extent
foregoing restriction is expressly prohibited by applicable law; or
8.11 intentionally interfere with or damage operation of the Service, by any
means, including uploading or otherwise disseminating viruses, adware, spyware,
worms, or other malicious code.
9. Third-Party Transactions.
9.1 Advertisements. AnchorFree may deliver third-party advertisements ( Adver
tisements ) within the content of any web page accessed. Advertisements may be inj
ected into the top of the page, inserted directly into the page content, or even
displayed to overlay the page. You hereby acknowledge and consent that AnchorF
ree may alter the content of any web page accessed for the purpose of displaying
Advertisements. Additionally from time to time, AnchorFree may prevent any use
r s access to the product or continued use thereof until such user has successfull
y participated in applicable advertising programs, surveys, or other activities
that collect and monetize users personal information. AnchorFree does not endors
e any information, materials, products, or services contained in or accessible t
hrough Advertisements. Accordingly, your correspondence or business dealings wi
th, or participation in promotions of, advertisers found on or through the Servi
ce are solely between You and such advertiser. ACCESS AND USE OF ADVERTISEMENTS
, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE T
HROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK.
9.2 Otherwise. If You choose to access web sites, services or content, or p
urchase products from third parties, including without limitation through Advert
isements while using the Service, your personal information may be available to
the third-party provider. How third parties handle and use your personal inform
ation related to their sites and services is governed by their security, privacy
and other policies (if any) and not ours. AnchorFree has no responsibility for
third party provider policies, or their compliance with them.
10 Termination; Terms of Service Violations.
10.1 AnchorFree. You agree that AnchorFree, in its sole discretion, for any o
r no reason, and without penalty, may terminate your use of the Service or the H
otspot Shield Software at any time. AnchorFree may also in its sole discretion
and at any time discontinue providing access to the Service, or any part thereof
, with or without notice. You agree that any termination of your access to the
Service may be effected without prior notice and You agree that AnchorFree will
not be liable to You or any third party for any such termination. Any suspected
fraudulent, abusive or illegal activity may be referred to appropriate law enfo
rcement authorities. These remedies are in addition to any other remedies Ancho
rFree may have at law or in equity.
10.2 You. Your only remedy with respect to any dissatisfaction with (i) the S
ervice or Hotspot Shield Software, (ii) any term of this Agreement, or (iii) any
policy or practice of AnchorFree in operating the Service, is to terminate this
Agreement. You may terminate this Agreement at any time by discontinuing use o
f any and all parts of the Service and certifying in writing to AnchorFree that
all copies of the Hotspot Shield Software have been destroyed or deleted from an
y of your Device or other storage devices.
11 Ownership; Proprietary Rights. The Hotspot Shield Software and Service
are owned and operated by AnchorFree and its partners. The visual interfaces, g
raphics, design, compilation, information, computer code (including source code
or object code), products, software, services, and all other elements of the Ser
vice or Hotspot Shield Software provided by AnchorFree (the Materials ) are protect
ed by United States copyright, trade dress, patent, and trademark laws, internat
ional conventions, and all other relevant intellectual property and proprietary
rights, and applicable laws. All Materials contained on the Hotspot Shield Soft
ware or Service (excluding any Materials on third-party websites) are the proper
ty of AnchorFree or its subsidiaries or affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are proprietary to An
chorFree or its affiliates and/or third-party licensors. Except as expressly au
thorized by AnchorFree, You agree not to sell, license, distribute, copy, modify
, publicly perform or display, transmit, publish, edit, adapt, create derivative
works from, or otherwise make unauthorized use of the Materials. AnchorFree res
erves all rights not expressly granted in this Agreement.
12 Indemnification. You agree to indemnify, save, and hold AnchorFree, its
affiliated companies, contractors, employees, agents and its third-party suppli
ers, licensors, and partners harmless from any claims, losses, damages, liabilit
ies, including legal fees and expenses, arising out of your use or misuse of the
Hotspot Shield Software or Service, any violation by You of this Agreement, or
any breach of the representations, warranties, and covenants made by You herein.
AnchorFree reserves the right, at your expense, to assume the exclusive defens
e and control of any matter for which You are required to indemnify AnchorFree,
and You agree to cooperate with AnchorFree s defense of these claims. AnchorFree
will use reasonable efforts to notify You of any such claim, action, or proceedi
ng upon becoming aware of it.
13 Export. The Hotspot Shield Software and Service may be subject to Unite
d States export controls. You may not export or re-export the Hotspot Shield So
ftware without: (a) the prior written consent of AnchorFree, (b) complying with
any applicable export control laws, and (c) obtaining all appropriate permits an
d licenses. In any event, You may not transfer or authorize the transfer of the
Hotspot Shield Software to a prohibited territory, country or organization (cur
rently including, without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan
and Syria and any organization named on the United State's Commerce Department'
s Denied Parties List ) or otherwise in violation of any applicable restrictions or
regulations. You understand and agree that the Hotspot Shield Software and Ser
vice may contain information that is controlled and restricted from export by Un
ited States export controls (the Controlled Information ). If AnchorFree, in its s
ole discretion, determines that it cannot implement the Service in a manner to e
xclude access to Controlled Information where required, if You are in a country
or territory that is subject to such regulation, You shall not be provided acces
s to the Service.
14 Disclaimers; No Warranties.
14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, ANCHORFREE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRAN
TIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARR
ANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMEN
T OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Y
OU FROM ANCHORFREE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14 THE TE
RM ANCHORFREE INCLUDES ANCHORFREE S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 As is and As available and With All Faults . YOU EXPRESSLY AGREE THAT USE OF T
E SERVICE AND HOTSPOT SHIELD SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE, HOTSPOT
SHIELD SOFTWARE AND ANY DATA, INFORMATION, THIRD-PARTY HOTSPOT SHIELD SOFTWARE,
SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SER
VICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE , WITH ALL FAULTS BASIS AND WITH NO ASS
RANCES THAT THE HOTSPOT SHIELD SOFTWARE OR SERVICE WILL WITHSTAND ATTEMPTS TO EV
ADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR O
THER CIRCUMVENTION. ANCHORFREE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTN
ERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIR
USES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WI
LL BE CORRECTED.
14.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DO
WNLOAD THE HOTSPOT SHIELD SOFTWARE AND OTHERWISE OBTAIN OR TRANSMIT MATERIALS, D
ATA, OR OTHER CONTENT WHILE USING THE SERVICE AT YOUR OWN DISCRETION AND RISK.
15 Limitation of Liability and Damages.
15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMI
TED TO, NEGLIGENCE, WILL ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, A
GENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIA
L, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTIO
N OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS
OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER
) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF O
R YOUR INABILITY TO USE THE SERVICE OR HOTSPOT SHIELD SOFTWARE, OR ANY OTHER INT
ERACTIONS WITH ANCHORFREE, EVEN IF ANCHORFREE OR AN ANCHORFREE AUTHORIZED REPRES
ENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MA
Y NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENT
IAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH
CASES, ANCHORFREE S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
15.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF ANCHORFRE
E OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LI
CENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISI
NG OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR HOTSPOT SH
IELD SOFTWARE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHE
RWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HOTSPOT SHIELD
SOFTWARE AND SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF
THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT ANCHORFREE HAS OFFE
RED ITS HOTSPOT SHIELD SOFTWARE AND SERVICES, SET ITS PRICES, AND ENTERED INTO T
HIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF L
IABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETW
EEN YOU AND ANCHORFREE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU A
ND ANCHORFREE. ANCHORFREE WOULD NOT BE ABLE TO PROVIDE THE SERVICE AND HOTSPOT S
HIELD SOFTWARE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATI
ONS.
15.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPL
Y TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURI
SDICTION TO JURISDICTION.
15.5 Consumer End Users (Outside of the USA). This Section 15.5 applies only
if You reside and use the Service and Hotspot Shield Software outside of the Uni
ted States.
(a) Warranties. The limitations or exclusions of warranties and liability c
ontained in this Agreement do not affect or prejudice the statutory rights of a
consumer, i.e., a person acquiring goods for solely personal use otherwise than
in the course of business outside of the U.S.A. The limitations or exclusions of
warranties, remedies or liability contained in this Agreement apply to You to o
nly the extent such limitations or exclusions are permitted under the laws of th
e jurisdiction where You are located.
(b) Data Transfer. If You are accessing the Service from any region with la
ws or regulations governing personal data collection, use, and disclosure, that
differ from United States laws, please be advised that through your continued us
e of the Hotspot Shield Software and Service, which are governed by U.S. law and
this Agreement, you may be transferring your personal information to the United
States and you consent to that transfer.
16 Miscellaneous.
16.1 Notice. AnchorFree may provide You with notices, including those regard
ing changes to this Agreement, by posting the notice on the Hotspot Shield. Not
ice will be deemed given twenty-four hours after posting.
16.2 Waiver. The failure of AnchorFree to exercise or enforce any right or p
rovision of this Agreement will not constitute a waiver of such right or provisi
on. Any waiver of any provision of this Agreement will be effective only if in w
riting and signed by AnchorFree.
16.3 Governing Law. This Agreement will be governed by and construed in acco
rdance with the laws of the State of California, without giving effect to any pr
inciples of conflicts of law.
16.4 Arbitration. If You reside outside the United States of America and are
using the Service or Hotspot Shield Software in another territory, Section 16.5
(Jurisdiction) does not apply and this Section 16.4 applies to You. Any dispute
or claim arising out of or in connection with this Agreement or your use of the
AnchorFree Service or Hotspot Shield Software shall be finally settled by bindin
g arbitration in San Francisco, California under the Rules of Arbitration of the
International Chamber of Commerce by three arbitrator(s) appointed in accordanc
e with said rules; judgment on the award rendered by these arbitrators may be en
tered in any court having jurisdiction thereof. The parties agree that this arbi
tration is the exclusive remedy for any disputes.
16.5 Jurisdiction. If You reside inside the United States of America and are
using the Service or Hotspot Shield Software in the United States, Section 16.4
(Arbitration) does not apply and this Section 16.5 applies to You. You agree tha
t any action at law or in equity arising out of or relating to this Agreement or
AnchorFree will be filed only in the state or federal courts in and for San Fra
ncisco County, California, and You hereby consent and submit to the personal and
exclusive jurisdiction of such courts for the purposes of litigating any such a
ction.
16.6 Severability. If any provision of this Agreement is held to be unlawful
, void, or for any reason unenforceable, then that provision will be limited or
eliminated from this Agreement to the minimum extent necessary and will not affe
ct the validity and enforceability of any remaining provisions.
16.7 Assignment. This Agreement, and any rights and licenses granted hereund
er, may not be transferred or assigned by You, but may be assigned by AnchorFree
without restriction. Any assignment attempted to be made in violation of this A
greement shall be void.
16.8 Survival. Upon termination of this Agreement, any provision which, by i
ts nature or express terms should survive, will survive such termination or expi
ration, including, but not limited to, Sections 6.2, 7.1, and 8 through 16.
16.9 Headings. The heading references herein are for convenience purposes on
ly, do not constitute a part of the terms of this Agreement, and will not be dee
med to limit or affect any of the provisions hereof.
16.10 Entire Agreement. This Agreement constitutes the entire agreement betwe
en You and AnchorFree relating to the subject matter herein and will not be modi
fied except in writing, signed by both parties.
16.11 Claims. YOU AND ANCHORFREE AGREE THAT ANY CAUSE OF ACTION ARISING OUT O
F OR RELATED TO THE SERVICE OR SOFTWRE MUST COMMENCE WITHIN ONE (1) YEAR AFTER T
HE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARR
ED.
16.12 Disclosures. The Service and Hotspot Shield Software set forth hereunde
r are offered by AnchorFree, Inc., 260 Santa Ana, Sunnyvale CA 94085 and email:
support@anchorfree.com. If You are a California resident, You may have this sa
me information emailed to You by sending a letter to the foregoing address with
your email address and a request for this information.