Legal

Terms, conditions, rights, grants, and licenses

There are various licenses, terms, and conditions relating to Binary Outcast services, projects, and operations that you should make yourself familiar with.

Client-side Storage Policy

Binary Outcast sites and services may store and use data in your web client using Cookies or DOM Storage in order to facilitate operation of such sites or services.

Examples of what such data would be used for:

  • Persistent session data such as maintaining an authenticated state.
  • Personalized settings.
  • Temporary storage of transient data.

In the event you do not consent to storage of data in Cookies or objects in DOM Storage you can take steps to configure your web client or use extensions to deny BinOC such storage. However, your usage of Binary Outcast sites and services may result in malfunction or otherwise render them inaccessible. We cannot provide any support if you choose to pursue these options.

If the presented options are not acceptable or cannot be technologically accomplished with your web client then you should refrain from using BinOC sites and services.

Privacy Policy

Your personal privacy is important to us. This is why we adhere to common sense and best practice principles in the way we operate our sites and services. To clarify these principles, this privacy policy highlights the most important aspects of your visits, your data, and our handling thereof.

How We Collect Data

We may collect data about your visit and use of Binary Outcast sites and services in industry-standard ways. Normal operational data is collected in site access logs, and your session data for parts of our sites where you log in (e.g. the Add-ons Site Panel) will be collected and stored in the relevant databases.

We do not collect any data outside of our controlled services, and we do not track you in any way.

What Data We Collect

As part of your use, we may collect your IP address, user agent, and any referrers sent by your web client in access logs. We may also log the nature of your visit and which parts of the sites and/or services you have accessed.

In addition, for account-relative actions (that require you to set up an account and log in, e.g. the Add-ons Site Panel), we collect personal information like your chosen (user)name, a password and e-mail address. Only those items of personal information necessary to operate the accounts or provide services will be required. Any other volunteered information is at your own discretion. We do not collect telemetry on your web/mail client use or add-on use.

Occasionally, we may collect data on specific software update requests over a short period of time to measure the approximate size of our user base. This data will be stored temporarily only for the purpose of this measurement.

Data Protection

In principle we store data only for as long as is reasonably necessary/commonly practiced to operate our sites and services.

Site access logs, if collected, are cycled regularly, at which point old entries will be discarded. This site access log retention is dependent on the time required to monitor and fix technical, security and performance problems. It may be retained longer so that any abuse reports can be supplied with relevant data to authorities, and that data aggregation systems (i.e.: administration graphs of server load and usage, needed to adjust resources based on our usership) have time to operate. These logs will not be used for any other purposes, nor will they be archived or stored in any way beyond their use for said purposes.

Data disclosure to Third Parties

Data about your visits is not transmitted to any third parties. Any backup and inspection of such data will be restricted to transfer over encrypted connections to prevent eavesdropping, and copies will be deleted as soon as their purpose has been fulfilled.

In principle, we never disclose visitor data to third parties, including our partners. An exception to this non-disclosure principle is if your visit or behavior is either suspect of abuse or criminal activity (i.e.: if you perform misconduct, we may report you to the relevant authorities), or if such disclosure is mandated by a court order that is valid in the country where either the domain owner or the hosting server resides (i.e.: we will not obstruct justice, but will not volunteer this information unless legally required to do so).

We may also disclose this information in order to establish, exercise or defend our legal rights (including providing information to third parties to prevent fraud).

User Trust and Disclaimer

By using Binary Outcast sites and services, you indicate, as a user, that you trust our integrity and handling of your data. If you cannot, for any reason, place this kind of trust in us, then you should refrain from using BinOC sites and services.

Additionally, although we will do our best to provide full transparency of our operations and privacy of your personal information, we cannot 100% guarantee your data's safety due to the distributed nature of our sites and global distribution of assets, and reliance of our sites and services on third party providers. We cannot be held liable for any losses, monetary or otherwise, resulting from your visits, the use of (or inability to use) our sites and services, or the personal information collected on/by them as part of their operation.

Amendments

This Privacy Policy may be updated at any time with or without notification. It is your responsiblity to ensure you are still in agreement with this policy and consent to it's provisions.

Rights

You may make a request for us to remove any personal information linked to your use of BinOC sites and services, insofar this personal information is easily accessible (e.g. Add-ons Site Panel account). You must provide us with sufficient information to verify your identity and the validity of your request. We will follow up on your request for such within a reasonable amount of time.

UXP-based Application EULA

This End User License Agreement applies to Binary Outcast Borealis Navigator and Interlink Mail & News. It is included and displayed on first-run of an application profile (and during installation on Windows operating systems).

MOZILLA PUBLIC LICENSE COMPLIANCE DECLARATION

1. Source Code for the software used under the following license agreement, unless otherwise stated, is released under the Mozilla Public License 2.0. You can obtain a copy of the MPL 2.0 at http://mozilla.org/MPL/2.0/.

2. The Source Code Form as defined by the MPL 2.0 may be obtained by sending an electronic mail (E-mail) message to support@binaryoutcast.com requesting a copy of the Source Code Form pursuant to MPL 2.0 Section 3.2 (a).

3. Under the MPL 2.0 Section 3.2 (b) the following license terms are hereby established.

BINARY OUTCAST [name-of-uxp-based-application] END-USER LICENSE AGREEMENT

The accompanying executable code version of Binary Outcast [name-of-uxp-based-application] and related documentation (the "Product") is made available to you under the terms of this Binary Outcast [name-of-uxp-based-application] End-User License Agreement (the "Agreement"). BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE PRODUCT.

DURING THE PRODUCT'S INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.

1. LICENSE GRANT.

Binary Outcast grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by Binary Outcast that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

2. TERMINATION.

If you breach this Agreement, your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1 and 4) will survive termination and continue to be in effect. Upon termination, you must destroy all copies of the Product.

3. PROPRIETARY RIGHTS.

Portions of the Product are available in source code form under the terms of the Mozilla Public License 2.0 and other open source licenses (collectively, "Open Source Licenses"). Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, Binary Outcast, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of Binary Outcast or its licensors.

4. DISTRIBUTION.

(a) Binary Outcast grants you permission to distribute executable code versions of the Product providing they are UNALTERED or otherwise identical to those provided by Binary Outcast itself.
(b) In the case of open source operating systems building executable code versions from source, express permission must be obtained from Binary Outcast before any such executable code version containing intellectual property may be distributed through any medium.
(c) Binary Outcast reserves the right to revoke this permission at any time for any reason. If this permission is revoked, you must remove the executable code version and all references to it from the distribution medium.

5. DISCLAIMER OF WARRANTY.

THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, BINARY OUTCAST AND BINARY OUTCAST'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

6. LIMITATION OF LIABILITY.

EXCEPT AS REQUIRED BY LAW, BINARY OUTCAST AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

7. MISCELLANEOUS.

(a) This Agreement constitutes the entire agreement between Binary Outcast and you concerning the subject matter hereof, and it may only be modified by Matt A. Tobin of Binary Outcast.
(b) Except to the extent where applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of Indiana, U.S.A., excluding its conflict of law provisions.
(c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
(e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
(f) Except as required by law, the controlling language of this Agreement is English.
(g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; Binary Outcast may assign its rights under this Agreement without condition.
(h) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Mozilla Public License 2.0

1. Definitions

1.1. “Contributor”

means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.

1.2. “Contributor Version”

means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.

1.3. “Contribution”

means Covered Software of a particular Contributor.

1.4. “Covered Software”

means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.

1.5. “Incompatible With Secondary Licenses”

means

  1. that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or

  2. that the Covered Software was made available under the terms of version 1.1 or earlier of the License, but not also under the terms of a Secondary License.

1.6. “Executable Form”

means any form of the work other than Source Code Form.

1.7. “Larger Work”

means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.

1.8. “License”

means this document.

1.9. “Licensable”

means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.

1.10. “Modifications”

means any of the following:

  1. any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or

  2. any new file in Source Code Form that contains any Covered Software.

1.11. “Patent Claims” of a Contributor

means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.

1.12. “Secondary License”

means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.

1.13. “Source Code Form”

means the form of the work preferred for making modifications.

1.14. “You” (or “Your”)

means an individual or a legal entity exercising rights under this License. For legal entities, “You” includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

2. License Grants and Conditions

2.1. Grants

Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:

  1. under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and

  2. under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.

2.2. Effective Date

The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.

2.3. Limitations on Grant Scope

The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:

  1. for any code that a Contributor has removed from Covered Software; or

  2. for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or

  3. under Patent Claims infringed by Covered Software in the absence of its Contributions.

This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).

2.4. Subsequent Licenses

No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).

2.5. Representation

Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.

2.6. Fair Use

This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.

2.7. Conditions

Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.

3. Responsibilities

3.1. Distribution of Source Form

All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.

3.2. Distribution of Executable Form

If You distribute Covered Software in Executable Form then:

  1. such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and

  2. You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients’ rights in the Source Code Form under this License.

3.3. Distribution of a Larger Work

You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).

3.4. Notices

You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.

3.5. Application of Additional Terms

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.

4. Inability to Comply Due to Statute or Regulation

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be placed in a text file included with all distributions of the Covered Software under this License. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Termination

5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.

5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.

5.2. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.

6. Disclaimer of Warranty

Covered Software is provided under this License on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer.

7. Limitation of Liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.

8. Litigation

Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.

9. Miscellaneous

This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.

10. Versions of the License

10.1. New Versions

Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.

10.2. Effect of New Versions

You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.

10.3. Modified Versions

If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).

10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses

If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.

Exhibit A - Source Code Form License Notice

This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed with this file, You can obtain one at https://mozilla.org/MPL/2.0/.

If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.

You may add additional accurate notices of copyright ownership.

Exhibit B - “Incompatible With Secondary Licenses” Notice

This Source Code Form is “Incompatible With Secondary Licenses”, as defined by the Mozilla Public License, v. 2.0.