Anonymizer EULA

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Anonymizer, Inc. (“Anonymizer”) for personal non-commercial use of the Anonymizer software that accompanies this EULA (the “Software”) and the Anonymizer internet-based non-attribution services (the “Services”). Please read this EULA carefully before purchasing, downloading or using the Anonymizer Software or Services. By clicking the “Place Your Order” or “Download” buttons or otherwise indicating assent electronically, downloading or installing the Software, or by using or accessing the Anonymizer Software or Services, you acknowledge that you are of legal age to enter into a binding agreement, that you are indicating that you have read this EULA, that you understand it, and that you consent to be bound by all of its terms and conditions, including but not limited to the warranty disclaimers, the limitations of liability and termination provisions below. If you do not agree to this EULA, Anonymizer will not and does not license the Anonymizer Software or Services to you and you must not click on the “Place Your Order” button, download, access or install the Software or use the Software or the Services and you must delete any copies of the Software from your device. If you purchased an annual subscription directly from Anonymizer and you desire a refund, contact Anonymizer customer service via email at cs@anonymizerinc.com. If you acquired your annual subscription from a reseller or distributor, contact that reseller or distributor for information on how to obtain a refund. Refunds are not available for monthly subscriptions. Refunds are less any applicable taxes except in certain states and countries where taxes are refundable. Any request for a refund for a purchase made directly from Anonymizer must be made within forty-five (45) days following the date of purchase. Any request for a refund for a purchase made from a reseller or distributor shall be subject to the refund policies (including but not limited to time deadlines) of the reseller or distributor.

Subscription; Grant of License

The Software and Services and related documentation are the property of Anonymizer or its licensors, and are protected by copyright law. You are receiving a limited, nonexclusive, nontransferable license and non-sublicensable license and right to use the Software and Services during the service period. “Service Period” means the period commencing on the date you initially download the Software or access the Services, whichever first occurs, and lasting for the period of time set forth in the service plan offer and other transactional documentation in printed, electronic, or online form (the “Documentation”) pursuant to which you acquired your license from Anonymizer or from a reseller or distributor, subject to earlier termination as herein provided. Subject to your compliance with all terms and conditions of this EULA, Anonymizer grants you the right to install and use a copy of the Software, and to access and use the Services for personal, non-commercial use only, during the Service Period. Any commercial, non-personal usage is strictly forbidden under this EULA. Upon termination of the Service Period (or sooner termination of the license in accordance with the terms of this EULA or the Documentation) your right and ability to use and access the Software and Services will terminate, unless your subscription is renewed. If you purchased a license through the Anonymizer website, www.Anonymizer.com, your credit card information is stored and your subscription is set to renew automatically by charging your credit card for the then current subscription renewal fee. Anonymizer reserves the right to decline to renew any subscription. In renewing (automatically or otherwise) your subscription, you agree to accept all updates to the EULA, Terms of Use, and Documentation that may have occurred during the Service Period. You may opt out of the automatic renewal feature, in which case your subscription will terminate at the end of the Service Period (unless sooner terminated in accordance with the terms of this EULA or the Documentation.) To opt out of the automatic renewal feature, log in to the Anonymizer website, https://www.anonymizer.com/account, and select “cancel” in my subscriptions. This will cancel your subscription at the end of the Service Period.

Description of Other Rights and Limitations

The Software and Services are licensed as a single product. Their component parts may not be used separately. You may not use the Software or Services in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Services. You may only use the Software and Services for personal, non-commercial purposes, and not in any way to provide, or as part of, any commercial service or application. You may not use the Software or Services for the purpose of violating, or in a manner that violates, any foreign, federal, state or local law or regulation, including but not limited to copyright infringement laws; in a manner that infringes or violates any privacy, confidentiality, contractual or other rights of another; to transmit information that is defamatory, offensive, misleading, false, harmful to minors, or obscene; to gain unauthorized access to any service, account, computer system or network; or to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information. You may not use the Services in connection with a robot, web scraper or other automated tool to download content continuously in an unattended or attended basis. In addition to the terms and conditions of this EULA and the Documentation, you shall comply with the Terms of Use, https://www.anonymizer.com/terms-of-use, applicable to use of Anonymizer’s website if you use the Software or Services in conjunction with use of any Anonymizer website. Any failure to comply with said Terms of Use or Documentation shall constitute a breach of this EULA. Anonymizer reserves the right, in its sole discretion, to limit or deny access to specific internet ports or addresses if Anonymizer in its reasonable judgment believes such ports or addresses are being accessed in violation of this EULA or the Terms of Use.

Events Beyond Anonymizer’s Control

Notwithstanding anything to the contrary contained in this EULA or elsewhere in the Documentation or any other document relating to the Software or Services, Anonymizer shall not be liable for any disruption in the Services caused by factors outside of Anonymizer’s control, including but not limited to, any problems with your computing or network infrastructure, hardware or software, problems with your Internet Service Provider (ISP), or electrical outage. Without limiting the generality of the foregoing, Anonymizer shall not be held responsible for any internet accessibility issues beyond the control of Anonymizer including but not limited to service outages by utility providers or other third party service providers, service outages affecting you or any internet query target destination and any blocking or accessibility problems arising at any internet query target destination.

System Capacity; Excessive Queries to a Single URL

Anonymizer’s Services have sufficient capacity to accommodate average non-commercial use by its customers, but from time to time you may temporarily experience slower service, or service unavailability, during periods of extraordinarily heavy usage of the Anonymizer Services. No such temporary slowdown or unavailability shall constitute a breach or default by Anonymizer of its obligations hereunder. In addition, Anonymizer reserves the right to suspend or limit your use of the Services in the event you make use of the Services beyond normal non-commercial usage or any agreed bandwidth limitation set forth in the Documentation, or if you excessively access a particular URL target. You acknowledge that such suspension or limitation may be necessary to avoid having your use result in restricting, disrupting, degrading or impeding Anonymizer’s ability to deliver the Services to its other customers, or to avoid the blocking by a particular URL target of internet protocol addresses utilized by Anonymizer in providing Services to you and Anonymizer’s other customers. No such suspension or limitation of the Services by Anonymizer shall constitute a breach or default by Anonymizer of its obligations hereunder. Anonymizer reserves the right to establish specific bandwidth usage limitations determined in Anonymizer’s reasonable discretion as may be necessary in Anonymizer’s judgment to reduce or avoid degradation of the Services.

Reservation of Rights and Ownership

Anonymizer reserves all rights not expressly granted to you in this EULA. The Software and Services are protected by copyright and other intellectual property laws and treaties. You agree that Anonymizer or its licensors own the title, copyright, and other intellectual property rights in the Software and Services. The Software and access to the Services are licensed, not sold, to you and are subject to the provisions of this EULA. You may choose to, but are not required to, provide suggestions, data, or other information to Anonymizer regarding possible improvements, enhancements, changes, alternations or corrections in the operation, functionality or use of Software or Services, whether in the course of receiving Services, evaluating or using Software, including beta Software; and as a result, any inventions, concepts, ideas, methods, improvements, modifications or developments that are based on or arises from the Software, Services, modifications or foregoing provided items shall be considered to be the exclusive property of Anonymizer, and Anonymizer may assert any proprietary interest, whether statutory or common law, it deems appropriate thereto. This EULA does not grant you any rights to trademarks or service marks of Anonymizer.

Limitations on Reverse Engineering and Other License Restrictions

You may not reverse engineer, decompile, or disassemble the Software or Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You are not authorized to disclose, disseminate, distribute, make generally available, sublicense or transfer in any manner, in-whole or in-part, the Software or the Services. Except as otherwise specifically permitted in this EULA, you may not: modify or create any derivative works of the Software or Services; copy the Software; sublicense the Software or Services; transfer the Software under any circumstances; copy, alter, translate, modify, change, or create derivative works or improvements of the Software or the Services; enhance, improve, or add value to the Software or the Services; enhance, improve, or add value to the Software or the Services; combine the Software and Services or any part thereof with any other software program; or remove or alter any Anonymizer trademark, logo, copyright or other proprietary notices, legends, or symbols. You may not rent, lease, lend or provide commercial hosting services with the Software or Services. The Software and the Services provided to you by Anonymizer constitute confidential proprietary information of Anonymizer. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Anonymizer. You agree to implement reasonable security measures to protect such confidential information. You will use your best efforts to cooperate with and assist Anonymizer in identifying and preventing any unauthorized use, copying, or disclosure of any Anonymizer confidential information.

Additional Software/Services

This EULA applies to updates, supplements, add-on components, or internet-based service components, of the Software and Services that Anonymizer may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Anonymizer reserves the right to discontinue Services provided to you or made available to you through the use of the Software at the end of your subscription period.

Privacy; Data Protection

From time to time Anonymizer may collect and use personal information about you as detailed below in this section.

When you navigate our website, Anonymizer will gather certain information such as your internet protocol address, browser type, browser language, and the date and time of your visit. We may place a cookie on your computer, and use this information for our internal marketing purposes, to improve our website or our products and services, or to track abuse and spamming. Please note that your use of the Anonymizer website is governed by the Anonymizer Terms of Use, which may be viewed at https://www.Anonymizer.com/terms-of-use . When you place an order, download software, respond to our promotional campaigns, request email technical support or otherwise communicate with us about our goods or services, we will gather, retain and use certain personal information you provide to us. For example, we may collect information such as your name, contact information including address and email address, credit card number, your billing and shipping address, and records of the kinds of products and services you have purchased from us or have started trial usage of. We will use this information to complete your order or validate your trial, respond to your request or communication, to assist us in providing our products and services to you, and to manage our relationship with you. By furnishing any such information to us, you expressly consent to the use of your information in accordance with the terms of this EULA and Anonymizer’s privacy policy found at https://www.Anonymizer.com/privacy-policy. For your protection, all information with respect to an order, including the credit card holder’s name, credit card number, expiration date, security code and billing address, is subject to verification prior to processing any order. This is to assist us in preventing fraud and the unauthorized use of credit cards, and to validate trial users. Records of your billing information are kept separately from records of your use of the services because our billing system and Anonymizer privacy and security services operate independently.

When you use the Software and Services, due to the configuration of Anonymizer’s systems, except as hereinafter provided, Anonymizer cannot correlate other than in real time any individual user with a visit of any individual website. Anonymizer may from time to time, in real time, observe and monitor usage of its services such as traffic flow and pattern, in order to monitor the proper functioning of its systems, and to enforce Anonymizer’s EULA and Terms of Use. However, Anonymizer’s monitoring of the usage of its Services such as traffic flow and pattern does not connect a user’s identity with website activity. Anonymizer keeps no record of internet protocol addresses visited attributable to your account.

Anonymizer will not sell, rent, trade, or lease your personal information for marketing purposes. We may share information with third parties who furnish services necessary to provide you with the products and services offered by Anonymizer, including resellers and distributors, but only if these third parties agree to comply with our privacy policies and not use your personal data for any other purpose. Apart from this, we disclose personal information only when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable terms of use or other contract rights, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including abuse of our products or services by spamming or other abuses of netiquette, and use of our products or services to attack other systems or to gain unauthorized access to any other system) or (d) protect against imminent harm to the rights, property or safety of Anonymizer, our customers or the public. Please note that if Anonymizer sells all or a portion of its business or assets, Anonymizer reserves the right to transfer customer information to the acquirer as part of that acquisition.

Some or all of your personal information identified above may be transferred outside your country and across international borders for any of the purposes described above and/or storage in particular by Anonymizer based in the U.S and to or by, its affiliates and agents. The data protection laws subsisting in these jurisdictions may not be as stringent as your local data protection laws, but Anonymizer will take all reasonable steps to ensure your personal information is treated securely and in accordance with our privacy policy. By submitting your information, you agree to that international transfer.

Technical Support; Contact Information

In connection with your use of the Software and Services you may choose to access certain technical support (“technical support”) that may be offered by Anonymizer. Any such technical support shall be provided in Anonymizer’s sole discretion without any guarantee or warranty of any kind. It is solely your responsibility to complete a backup of all your existing data, software and programs. In the course of providing any technical support, Anonymizer may determine that the technical issue is beyond the scope of its technical support capabilities. Anonymizer reserves the right to refuse, suspend or terminate any of the technical support in its sole discretion. To contact Anonymizer regarding this EULA or the software or services, or to renew your license subscription, send an email to Anonymizer at cs@anonymizerinc.com.

Export Restrictions

You agree to comply with all applicable U.S. and foreign laws that apply to the Software and Services, including the U.S. Export Administration Regulations (“EAR”), as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You acknowledge that the Software, Services, Documentation and related technical data and services (collectively “controlled technology”) may be subject to the import and export laws of the United States, specifically the EAR, and the laws of any country where controlled technology is imported or re-exported. You agree to comply with all relevant laws and will not export any controlled technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required.

Term and Termination

The Software and Services are licensed to you hereunder on a subscription basis. Your license to use the Software and Services will terminate at the end of the Service Period, subject to earlier termination as provided by this EULA or the Documentation. Without prejudice to its other rights and remedies, Anonymizer may terminate the license rights granted to you without further obligation to you if you fail to comply with the terms of this EULA, the Documentation, or the Terms of Use relating to use of Anonymizer’s website.

Limitation of Liability

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or otherwise), the entire liability of Anonymizer and any of its suppliers, distributors or resellers in connection with this EULA, the Documentation, or otherwise relating to the Software and the Services, and your exclusive remedy (except for any remedy of repair or replacement elected by Anonymizer with respect to any breach of the limited warranty) shall be limited to the greater of (1) the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software and Services during the single Service Period that the damages were first incurred, or (2) U.S. $5.00. The foregoing limitations, exclusions and disclaimers and the Disclaimer of Warranties section below shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Disclaimer of Warranties

THE SOFTWARE, SERVICES AND ANY MODIFICATIONS ARE PROVIDED “AS IS”; AND YOU DISCLAIM ANY AND ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED (WRITTEN OR ORAL), WITH RESPECT TO THE SOFTWARE AND THE SERVICES INCLUDING THAT THE SOFTWARE OR SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE, BE FREE OF ANY OMISSION, INACCURACY, DEFECT, COMPUTER VIRUS OR OTHER OPERATIONAL, FUNCTIONAL OR PERFORMANCE PROBLEM, OR THAT ANY DEFECT IN THE SOFTWARE OR SERVICES WILL BE CORRECTED; OR THAT THE SOFTWARE OR SERVICES WILL BE FREE OF ANY COMMON LAW OR STATUTORY INTELLECTUAL PROPERTY INFRINGEMENT; OR THAT THE SOFTWARE OR SERVICES IS MERCHANTABLE OR FIT OR SUITABLE FOR A PARTICULAR PURPOSE OR LICENSED APPLICATION; OR THAT THE FUNCTIONS IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, EVEN IF YOU HAVE BEEN INFORMED OF ANY BUSINESS OR TECHNICAL NEED OR REQUIREMENT BY ANONYMIZER FOR THE SOFTWARE OR SERVICES; OR THAT THE SOFTWARE OR SERVICES HAS ANY ASSOCIATED OBLIGATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY END USER, OR AN AUTHORIZED ANONYMIZER REPRESENTATIVE, SHALL CREATE ANY OTHER WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY RECITED HEREIN. ADDITIONALLY, YOU RECEIVE NO WARRANTY, EXPRESS OR IMPLIED, FROM ANY THIRD – PARTY SOFTWARE THAT MAY BE PROVIDED UNDER THIS AGREEMENT. YOU SHALL BE RESPONSIBLE FOR ADEQUATELY SAFEGUARDING (SUCH AS ARCHIVING) YOUR DATA AND OTHER SOFTWARE USED IN CONJUNCTION WITH THE SOFTWARE OR SERVICES. ANONYMIZER, AND ANY THIRD-PARTY SOFTWARE PROVIDER, ASSUMES NO LIABILITY FOR ANY CORRUPTION, ERASURE, MISHANDLING, OR THE LIKE OF YOUR DATA OR OTHER SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. FURTHER, YOU ACKNOWLEDGE THAT ANONYMIZER UNDER THIS AGREEMENT OFFERS NO WARRANTIES WITH RESPECT TO: (A) SERVICES RENDERED HEREUNDER; (B) SOFTWARE WHICH IS LICENSED AT NO CHARGE; OR (C) BETA SOFTWARE, ALL OF WHICH ARE PROVIDED “AS IS.”

Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall Anonymizer or its suppliers, distributors and resellers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software or the Services, the provision of or failure to provide support or other services, information, software, and related content through the Software or Services or otherwise arising out of the use of the Software or Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Anonymizer or any supplier, and even if Anonymizer or any supplier has been advised of the possibility of such damages.

No Assignment

You shall not transfer, assign or hypothecate, in whole or in part, this Agreement or any rights or obligations hereunder; except to a party that acquires substantially all of the assets of You, or to a party where You are the subject of a merger or acquisition, or where You are reorganized; provided that, the acquiring party agrees, in writing, to be bound by all the terms and conditions of this Agreement, without change. In the event of any permitted assignment or transfer of this Agreement or the obligations under this Agreement, the parties agree that such obligations shall be binding upon the assignee’s or transferee’s executors, administrators, legal representatives, or emerging or resulting entity, and the rights of assignor or transferor shall inure to the benefit of assignee or transferee.

Applicable Law

This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Virginia and of the United States, as applicable, without regard to the applicability of the conflict of law principles, which applicability is expressly excluded.

Entire Agreement; Severability

This EULA is the entire agreement between you and Anonymizer relating to the Software and the Services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this EULA. To the extent the terms of any Anonymizer policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

OpenVPN License

The software is bundled with openvpn. OpenVPN is licensed under, and the use of OpenVPN is governed by, the OpenVPN gnu general public license, which may be found as part of the software installation on your computer, and is reproduced below. To the extent the OpenVPN license requires that source code be made available, Anonymizer, inc. Agrees to provide a copy of the source code and modifications (if any) via electronic download. To request source code under the OpenVPN license, please email opensourcelicensing@anonymizerinc.com. The OpenVPN license terms and conditions follow.
This distribution contains components from the open source openvpn project. By accepting this eula, you also agree to the terms of the OpenVPN license, as follows:

OpenVPN™ — an open source vpn daemon

This distribution contains multiple components, some of which fall under different licenses. By using OpenVPN or any of the bundled components enumerated below, you agree to be bound by the conditions of the license for each respective component.

OpenVPN Trademark

“OpenVPN” is a trademark of openvpn technologies, inc.

OpenVPN License

OpenVPN is distributed under the gpl license version 2 (see below).

Special exception for linking OpenVPN with openssl:

In addition, as a special exception, OpenVPN technologies, inc. Gives permission to link the code of this program with the openssl library (or with modified versions of openssl that use the same license as openssl), and distribute linked combinations including the two. You must obey the gnu general public license in all respects for all of the code used other than openssl. If you modify this file, you may extend this exception to your version of the file, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.

Lzo license

Special exception for linking openvpn with both openssl and lzo:

Hereby i grant a special exception to the openvpn project (http://openvpn.Net/) to link the lzo library with the openssl library (http://www.Openssl.Org).

Markus f.X.J. Oberhumer

Tap-win32/tap-win64 driver license

This device driver was inspired by the cipe-win32 driver by damion k. Wilson.

Windows ddk Samples

The windows binary distribution includes devcon.Exe, a Microsoft ddk sample which is redistributed under the terms of the ddk eula.

Openssl License

The openssl toolkit stays under a dual license, i.E. Both the conditions of the openssl license and the original ssleay license apply to the toolkit. See below for the actual license texts. Actually both licenses are bsd-style open source licenses. In case of any license issues related to openssl please contact openssl-core@openssl.Org.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

All advertising materials mentioning features or use of this software must display the following acknowledgment:
“this product includes software developed by the openssl project for use in the openssl toolkit. (http://www.Openssl.Org/)”
The names “openssl toolkit” and “openssl project” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.Org.
Products derived from this software may not be called “openssl” nor may “openssl” appear in their names without prior written permission of the openssl project.

Redistributions of any form whatsoever must retain the following acknowledgment:
“This product includes software developed by the openssl project for use in the openssl toolkit (http://www.Openssl.Org/)”

This software is provided by the openssl project “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the openssl project or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential 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 liability, 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.

This product includes cryptographic software written by eric young (eay@cryptsoft.Com). This product includes software written by tim hudson (tjh@cryptsoft.Com).

Original ssleay license

This package is an ssl implementation written by eric young (eay@cryptsoft.Com).
The implementation was written so as to conform with netscape’s ssl.

This library is free for commercial and non-commercial use as lo

End User License Agreement (EULA)

Anonymizer EULA

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