End User Agreement

Copyright ©2007-2013, Zscaler, Inc. All rights reserved
Thank you for your interest in this free web browsing application for your mobile device provided to you by Zscaler, Inc. The App enables you to connect to Zscaler‘s cloud-based mobile security solution, which is designed to enhance the safety and security of your browsing experience. This End-User Agreement (available through the App‘s Settings menu), as updated from time to time, governs your use of the App and the Service. You may also request a copy of this Agreement by emailing us at ios-dev@zscaler.com.
The App is free software licensed to you by Zscaler Inc on conditions that you meet all requirements stated in the EULA and Terms of Service.Your access and use of the Service is governed by Zscaler‘s Terms of Service, as modified from time to time.

LICENSE FOR THE APP

Zscaler grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the Mobile Application on any iOS device controlled by you, and to access and use the Services on such Mobile Device strictly in accordance with the terms and conditions of this License and the applicable Usage Rules. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application)


NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Terms of Service


Thank you for your interest in Zscaler’s cloud-based mobile security solution (the “Service”) designed to enhance the safety and security of your browsing experience. The Service is accessible via Zscaler’s free web browsing application for mobile devices (the “App”). These Terms of Service (“Terms”) (also accessible through the App’s Settings menu), as updated from time to time, governs your use of the Service.

By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you may not use the Service. Without limiting the foregoing, you acknowledge and agree that, as provided in greater detail below, that:

 ·  you may use the Service only as set forth in these Terms;
 ·  these Terms grant you no title or right of ownership in or to the Service;
 ·  you consent to the collection and use of your personally identifiable information in accordance with Zscaler’s Privacy Policy;
 ·  the Service is provided “as is” without warranties of any kind and Zscaler’s liability to you is limited;

1. PRIVACY POLICY. Your privacy is important to us. Zscaler’s Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Zscaler’s collection, use, and disclosure of your personal information. By using the Service, you consent to the collection and use of your personally identifiable information in accordance with Zscaler’s Privacy Policy.

2. PERMISSION TO ACCESS AND USE THE SERVICE. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms, Zscaler grants you permission to access and use the Service, only for your personal use, and solely through the use of an unmodified copy of the App obtained directly from Zscaler. You may not reproduce, distribute, publicly display, or publicly perform any part of the Service. You may not use the Service for any purpose other than a purpose for which the Service is expressly designed. If you are prohibited under applicable law from using the Service, you may not use the Service.

3. RESERVATION OF RIGHTS. The Service is owned and operated by Zscaler. The content, interfaces, computer code, and all other elements of the Service (the “Zscaler Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Zscaler, all Zscaler Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of Zscaler or its subsidiaries or affiliated companies and/or its third-party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Zscaler Materials except as expressly authorized hereunder. Zscaler reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Zscaler Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms.

4. FEEDBACK. If you provide Zscaler with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Service (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and Zscaler shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant Zscaler a perpetual, irrevocable, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.

5. TERM AND TERMINATION. These Terms will remain in effect until terminated. These Terms, and your rights and licenses hereunder, will terminate immediately upon your breach of these Terms. You may terminate these Terms by ceasing all use of the Service. Zscaler may terminate the Service and/or these Terms at any time for any reason, including without limitation any actual or suspected misuse or abuse by you of the Service. Sections 1, 3, 4, 7, 8, 9, and 10 shall survive any termination of the Terms.

6. MODIFICATIONS. Zscaler reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time by making such modified Terms available online at Terms of Service. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available online, except as follows: a) in the event any such modification materially alters your rights hereunder, we will attempt to notify you directly through a message sent to the email address you have provided to Zscaler, if any, or through a pop-up window or other notification when you access or use the App or the Service, b) such materially modified Terms will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available online, and c) no modifications to these Terms will apply to any dispute between you and Zscaler that arose prior to the date of such modification. Your use of the Service after modifications to the Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the Terms or any modifications thereof, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.

7. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZSCALER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, RELIABILITY, AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL ZSCALER BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF ZSCALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

8. INDEMNITY. You agree to indemnify, defend and hold Zscaler and its affiliates, officers, directors, suppliers, licensors, and other customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse of the Service, and your violation of these Terms, any applicable law or regulation, or the rights of any third parties related to the use of the Service.

9. GOVERNING LAW; VENUE. These Terms shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, and without regard to conflict of law principles. You and Zscaler agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California or the Northern District of California for the purpose of litigating all claims or disputes arising hereunder.

10. MISCELLANEOUS. These Terms are the entire agreement between you and Zscaler, and supersedes any and all prior agreements, negotiations, or other communications between you and Zscaler, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties. In the event that any provision of the Terms is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from the Terms; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You may not assign these Terms without the prior written consent of Zscaler and any such attempted assignment shall be void and of no effect. Zscaler may assign these Terms without restriction and without any notice to you. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns. You acknowledge and understand that if Zscaler is unable to provide the Service as a result of a force majeure event Zscaler will not be in breach of these Terms. A force majeure event means any event beyond the control of Zscaler. The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. Zscaler’s waiver of any obligation or breach of the Terms shall not operate as a waiver of any other obligation or subsequent breach of the Terms.

CONTACTING ZSCALER. The Service is offered by Zscaler, Inc., 110 Baytech Drive, Suite 100 San Jose, CA 95134, USA. You can also contact Zscaler at: ios-dev@zscaler.com.



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