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    Terms of Use

    Users of the Blackbird corporate website should review the legal notices found in the "Legal" tab.

    License terms for use of the Company's Blackbird Browser and related services:

    Blackbird End-User License Agreement. The accompanying executable code version of the Blackbird browser and related documentation ("Product") is made available under the terms of this End-User Software License Agreement ("Agreement"). IF YOU CLICK "ACCEPT" OR INSTALL OR USE THE PRODUCT, YOU UNCONDITIONALLY CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT CLICK "ACCEPT" AND DO NOT INSTALL OR USE THIS PRODUCT. Source code for parts of this Product is available for use, modification and distribution under open source licenses at www.blackbirdhome.com. Nothing in this Agreement will be construed to limit any rights granted under such open source licenses. 40A, Inc. ("40A") is the Company that is providing the Product and this Agreement is between you and 40A, Inc. 40A grants you a non-exclusive license to use the executable code version of the Product. 40A and its licensors shall retain all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, or logo (collectively, "Marks"), copyright or other proprietary notice on the Product. This license does not grant you any right to use Marks of 40A or its licensors. If you breach this Agreement, the above license and your right to use the Product will terminate immediately and without notice, but all other terms of this Agreement will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product. Except as expressly and unambiguously permitted by this Agreement, you shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the Product; or (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of any portion of the Product that is not distributed in source code form (except to the extent applicable law prohibits such restrictions). As a condition to your use of the Product, you represent, warrant and agree that you will not use the Product: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format ("Content") that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable under applicable laws or community standards. You, not 40A, remain solely responsible for all Content that you upload, post, e-mail, transmit, or otherwise disseminate using, or in connection with, the Product. You acknowledge that all Content that you access using the Product is at your own risk and you will be solely responsible for any damage to any party resulting therefrom. THIS PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER 40A NOR ITS LICENSORS WILL BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY (WHETHER IN AN ACTION BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR OTHER SUBJECT MATTER OF THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND COMPUTER MALFUNCTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU UNDER THIS LICENSE, AND US$100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. If the user or licensee of this Product is an agency, department, or other entity of any Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of this Product, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited. No rights other than those provided in Agreement are conferred. This product was developed fully at private expense. This Agreement contains the entire understanding between the parties with respect to the Product, and may only be amended in writing by authorized representatives of both parties. You may not assign this Agreement or any rights or obligations hereunder without 40A's prior written consent. You may not download, use or otherwise export the Product except in compliance with all applicable laws and regulations. This Agreement will be governed by the laws of California, excluding its conflict of law provisions. Any dispute under this Agreement shall be decided exclusively by state or federal courts in Santa Clara County, California, and the parties consent to such jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Failure to enforce any provision of this Agreement is not a waiver of future enforcement of that or any other provision.