Please read the terms of use ("terms") carefully before installing or using the software ("software").

Date of last revision: July 6, 2015

These terms and conditions constitute an agreement between Deskbar and you ("you" or "your") governing your use of the software. By accessing or using the software, you agree to be bound by these terms. If you do not agree to be bound by all of these terms, do not use the software. If you do not accept all of the terms of this agreement, then Deskbar is unwilling to license any of its software to you, and you may not use them and you must immediately remove the software you have downloaded or installed from all devices.

By installing and using the Deskbar software (the ("Software("), you hereby agree to the following terms and conditions.


  1. LICENSE

    Subject to the terms and conditions of this Agreement, Deskbar hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software, on an As-Is basis, for your personal, non-commercial use only in accordance with this Agreement. Any commercial use of the Software is strictly forbidden. If you wish to engage in any kind of commercial use of the Software, you are required to obtain Deskbar's expressed prior written consent to such use by contacting Deskbar via the following email address: info@deskbar.net.

    You are being granted a right and license to use the Software. Deskbar does not transfer title of the Software to you. This Agreement is a legally binding agreement between Deskbar and you of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and remove the Software and any associated documentation from your computer.


  2. DISTRIBUTION

    Unless otherwise authorized herein or by a written agreement between you and Deskbar, this Software, any accompanying documentation, and the license herein granted shall not be copied or imitated, offered for sale, transferred or sub-licensed in whole or in part. For information about redistribution of this Software, please contact Deskbar via the following email address: info@deskbar.net.


  3. USER AGREEMENT

    1. Use Restrictions - You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. The assignment, sublicense or sale of copies of this Software is strictly forbidden. It is a violation of this Agreement to assign, sell, loan, rent or lease the use of this Software. You may not repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Software in whole or in part.

    2. Copyright Restriction –You acknowledge and agree that any and all intellectual property rights to or arising from the Software are and shall remain the exclusive property of Deskbar and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to harm, limit or interfere with the intellectual property rights of Deskbar. You acknowledge and agree that any unauthorized use of the intellectual property rights of Deskbar is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Deskbar.

    3. Limitation of Liability and Indemnification – You agree to indemnify Deskbar, its affiliates, licensors, partners, suppliers and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims, proceedings, demands, costs and liabilities (including attorney’s fees) which may arise from your illegal, unauthorized or abusive use of the Software or any other service referred to in this Agreement. In no event (including, without limitation, in the event of negligence) will Deskbar, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this agreement, the software or the use or inability to use the software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence, even if Deskbar has been advised of the possibility of such damages.

    4. Disclaimer and Warranties – The software is provided to you on an "as is" and "as available" basis. Deskbar, its affiliates, licensors, partners and suppliers, to the fullest extent permitted by law, disclaim any and all warranties, express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third parties' rights and your ability or inability to use the software. Deskbar and its affiliates, licensors, partners and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, results obtained, information or services provided on or through the use of the Software. Deskbar does not warrant that the software will operate without packet loss, nor does Deskbar warrant any connection to or transmission from the internet, to or from any network or any quality of any communication made using the software. No information obtained by you from the Software shall create any warranty not expressly stated by deskBar in the terms. Deskbar does not warrant or represent that your access to or use of the software will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the software is free of computer viruses or other harmful components. Use of the Software is at your own risk.

    5. Governing Law - These Terms shall be governed and construed in accordance with the laws of England and Wales without giving effect to the conflict of laws principles thereof. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of the remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and Deskbar, these Terms constitute the entire agreement between you and Deskbar with respect to the use of the Software, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. Except as required by law, English shall be the controlling language of these Terms.

    6. Term and Termination – This Agreement shall commence upon your install of the software. This Agreement will immediately terminate upon your breach of this License. Upon the termination of this License, you will discontinue all use of the Software and/or Service, promptly destroy or have destroyed the Software and any copies thereof. Deskbar may discontinue or suspend the Software, any aspect of the Software or the Service, at any time, in its sole discretion, without notice and liability to you. You acknowledge and agree that Deskbar shall not be liable to you or any third party for any termination or suspension of your access to the Software.

    7. No Waiver - No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by Deskbar. The failure of Deskbar to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Deskbar to enforce each and every such provision thereafter.


  4. CONSENT TO USE OF DATA

    You agree that Deskbar may collect and use information transmitted by you through the Software and/or gathered in any manner as part of the services provided to you, if any. Deskbar will not collect any personally identifiable information from your computer location or workstation during this process. Deskbar may also use any information collected to improve and enhance the Software. The Software contains components that enable and facilitate the use of certain technologies and Internet-based services. You acknowledge and agree that Deskbar may automatically check the version of the Software that has been installed on your computer system that you are utilizing and may provide updates, upgrades, or fixes to the Software. The Software may automatically download and install updates, upgrades, or fixes to the Software from Deskbar. These updates, upgrades, or fixes are designed to improve, enhance, and further develop your use of the Software. You agree to receive such updates, upgrades, or fixes (and permit Deskbar to deliver these to you) as part of your use of the Software.

    For more information on Deskbar’s Privacy Policy, please visit http://www.deskbar.net/privacy-policy/ or you can contact Deskbar at: support@deskbar.net


  5. THIRD PARTY CONTENT AND LINKS

    The Software may include hyperlinks to other third party web sites, content, or resources. Deskbar may have no control over any web sites, content, or resources which are being provided through the Software by third parties other than Deskbar. When using the Software, you acknowledge and agree that Deskbar is not responsible for the availability of any such third party external sites, content, or resources, and Deskbar does not endorse any advertising, products, services, or other materials on or available from such web sites, content, or resources. You further acknowledge and agree that Deskbar shall not be liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content, or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.


  6. CHANGES TO TERMS

    Deskbar may make changes to these terms and conditions from time to time at its sole discretion. When these changes are made, Deskbar will make any new terms and conditions available to you from within, or through, the Software, on the website or by other communication methods. You understand and agree that if you continue to use the Software after the date on which the Software terms and conditions have changed, such continued use of the Software shall be deemed as your acknowledgement and acceptance of the updated terms and conditions.