License

Effective Date: 18-09-2024

Please read the terms of this software license agreement ("NoteMarker Browser Extension License") carefully. By downloading, installing, or using the Browser Extension (as defined below), (1) you acknowledge and agree to be bound by this Browser Extension License, and (2) you represent that you have the authority to enter into this Browser Extension License. If you do not agree to all terms and conditions of this Browser Extension License, you must discontinue the download, installation, or use of the Browser Extension immediately.

This Browser Extension License is a legal agreement between you, the end user ("End User" or "you"), and Baivab Sarkar ("us" or "we"), for the license of the NoteMarker Browser Extension, which includes computer software and electronic documentation (the "Browser Extension").

1. LICENSE

Baivab Sarkar grants you a non-transferable, non-exclusive, non-sublicensable, royalty-free, and fully paid, worldwide right and license to reproduce (solely to install and execute) the Browser Extension on one of your computers or compatible browsers, in executable object code format only, for your personal, non-commercial use only, subject to the terms and conditions of this Browser Extension License. You are permitted to download the Browser Extension multiple times to install it on multiple computers or browsers, provided that you agree to the terms and conditions of this Browser Extension License each time you download the Browser Extension.

2. RESTRICTIONS

You may not modify, make derivative works of, copy, reproduce, publish, or reverse engineer the Browser Extension, except in the case of reverse engineering only to the extent required by applicable law. You may not license, sell, transfer, distribute, rent, lease, or otherwise exploit rights to the Browser Extension. You may not use the Browser Extension in any manner that could damage, disable, overburden, or impair the NoteMarker website ("Website"), nor may you use the Browser Extension in any manner that could interfere with any other party's use and enjoyment of the Website. You agree that you will use the Browser Extension for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Browser Extension will terminate immediately if you violate any provision of this Browser Extension License. Upon termination, you may no longer use the Browser Extension.

Furthermore, you are prohibited from using the Browser Extension to engage in any automated data collection (scraping, crawling) or using it to automate tasks beyond the scope of personal use.

3. INTELLECTUAL PROPERTY

The Browser Extension is licensed, not sold. You acknowledge that Baivab Sarkar and its licensors own all rights, title, and interest, including without limitation all intellectual property rights, in and to the Browser Extension, portions thereof, or software provided through or in conjunction with the Browser Extension. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree not to 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 Browser Extension.

Any modifications, enhancements, or customizations you make to the Browser Extension, whether authorized or unauthorized, shall be owned exclusively by Baivab Sarkar. All rights not expressly granted to you are reserved by Baivab Sarkar or its suppliers.

4. WARRANTY DISCLAIMER

Baivab Sarkar provides the Browser Extension "as is" without any warranties. We disclaim all express, implied, and statutory warranties, including those of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the security, reliability, or performance of the Browser Extension. You download and use it at your own risk, and we are not liable for any damage or data loss.

While Baivab Sarkar disclaims all warranties, you are still entitled to the benefits of any applicable statutory rights under your jurisdiction, including but not limited to data protection laws such as the General Data Protection Regulation (GDPR) or California Consumer Privacy Act (CCPA).

Some jurisdictions may not allow exclusions of implied warranties, so these limitations may not apply to you.

5. LIMITATION OF LIABILITY

Baivab Sarkar and its licensors are not liable for any damages resulting from your use or misuse of the Browser Extension. This limitation applies to indirect, incidental, consequential, special, exemplary, and punitive damages, regardless of the basis of the claim (e.g., warranty, contract, tort). It includes damages arising from reliance on, inability to use, or interruptions of the Browser Extension, even if advised of the possibility of such damages. Some jurisdictions do not allow such exclusions, so these limitations may not apply to you.

Baivab Sarkar's total liability under this License shall not exceed any amounts you have paid for the Browser Extension. Baivab Sarkar shall not be responsible for any third-party claims or damages that result from the use of the Browser Extension in conjunction with third-party services, websites, or software.

6. INDEMNIFICATION

You agree to indemnify and hold harmless Baivab Sarkar and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees, and agents, from any liability, cost, expense, or claim or demand made by any third party, due to or arising directly or indirectly out of your conduct or in connection with your use of the Browser Extension or its features, any alleged violation of this Browser Extension License, or any alleged violation of any applicable law or regulation. This indemnification obligation applies regardless of whether Baivab Sarkar exercised control over or approved of your actions giving rise to the claim.

Baivab Sarkar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

7. TERM AND TERMINATION

This Browser Extension License and the licenses granted hereunder are effective on the date you accept the terms of this Browser Extension License or use the Browser Extension and shall continue until terminated by either party pursuant to this section. Baivab Sarkar may terminate this Browser Extension License at any time, with or without cause. You may terminate this Browser Extension License at any time, with or without cause, by (i) uninstalling the Browser Extension, and (ii) requesting the termination of your NoteMarker account by contacting us and requesting that your account be deleted.

Upon expiration or termination, the license granted hereunder shall terminate, and you shall immediately delete and destroy any copies of the Browser Extension in your possession. All user data or configurations related to your use of the Browser Extension may be permanently deleted upon termination. The terms of this Browser Extension License that are intended to survive termination will remain in effect.

8. SOFTWARE AND POLICY UPDATES

This Browser Extension License may be amended by Baivab Sarkar from time to time, upon notice to you, which may be sent by email or posted on the Website. Your continued use of the Browser Extension after such notice shall constitute your acceptance of the amended Browser Extension License. Baivab Sarkar may automatically update or modify the Browser Extension from time to time at its discretion. You may not be able to use the Website or other services offered on the Website if you do not have the latest version or updates for the Browser Extension installed.

9. EXPORT LAWS

You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Browser Extension or underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) countries subject to U.S. embargo; (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Commerce Department's Denied Party or Entity List. You agree not to export or re-export the software to any prohibited country, person, end-user, or entity specified by U.S. Export Laws.

10. PRIVACY AND OTHER USER AGREEMENTS

Your use of the Browser Extension is subject to the terms of our Privacy Policy.

11. RESOLUTION OF DISPUTES

If a dispute arises between you and Baivab Sarkar, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Baivab Sarkar agree to resolve any claim or controversy at law or equity that arises out of this Browser Extension License or our services ("Claim") in accordance with one of the paragraphs below or as we and you otherwise agree in writing. Before resorting to litigation, you agree to first send us a written notice of your Claim via email to baivabsarkar@gmail.com . The notice must include (1) your name, (2) your address, (3) your email address, (4) a description of the Claim, and (5) a description of the specific relief you seek. If Baivab Sarkar does not address your Claim within 30 days of receipt, you may pursue your Claim in arbitration. If we are unable to resolve our differences, you may bring claims in your individual capacity only, and not as a class representative or class member in any class action, and no arbitration or proceeding may be joined with any other.

12. GOVERNING LAW

This Browser Extension License shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to this Browser Extension License shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

13. SEVERABILITY

If any provision of this Browser Extension License is found to be unlawful, void, or unenforceable, that provision will be deemed severable from this Browser Extension License and will not affect the validity and enforceability of any remaining provisions.

14. ENTIRE AGREEMENT

This Browser Extension License constitutes the entire agreement between you and Baivab Sarkar regarding your use of the Browser Extension, superseding any prior agreements between you and Baivab Sarkar regarding your use of the Browser Extension.

15. CONTACT INFORMATION

If you have any questions about this Browser Extension License, please contact us at baivabsarkar@gmail.com .