MONSTER SOFTWARE UPDATE TERMS AND CONDITIONS
These Monster Software Terms and Conditions ("Terms and Conditions") are a legal agreement between
Monster, Inc., Monster, LLC (together, "Monster"), and you (“You”) concerning your use of the Monster
Software (as defined below). By clicking "Agree" when prompted, You agree to these Terms and
Conditions. If You do not click "Agree", You are indicating that You do not agree to these Terms and
Conditions, and You may not use the Monster Software.
The Monster Software is available for individuals aged 13 years or older. If You are 13 or older, but under
the age of 18, your parent or guardian must consent on your behalf to your use of the Monster Software.
To do so, your parent or guardian must review these Terms and Conditions, and agree to these Terms
and Conditions by clicking "Agree" when prompted. By agreeing to these Terms and Conditions on your
behalf, your parent or guardian.
- The Monster Software. Monster is the provider of the software that enables You to update your
Monster® device (the "Monster Software") through installation and operation of the Monster
- Requirements. Installation and use of the Monster Software require a personal
computer, Internet access, and a Monster® device. You acknowledge and agree that it is
your responsibility to obtain and maintain all such requirements. Further, You agree to
only use Monster® devices that You own or otherwise have been given permission to
- Software License. The Monster Software is licensed, not sold, to You. You cause the Monster
Software to be downloaded onto your computer, and as a result, You consent to such
downloading of the Monster Software.
- License Grant. If You have purchased and are seeking to update the software on a
Monster® device, Monster grants You a non-exclusive right and license to use the
Monster Software and any related documentation (the "Documentation") as set forth in
these Terms and Conditions. You may use the Documentation to assist in your use of the
Monster Software, but You may not make copies of the Documentation. You may not
copy, transfer, transmit, sublicense or assign the rights in this paragraph, or the Monster
Software or Documentation, except as expressly permitted in these Terms and
- Restrictions. The Monster Software contains copyrighted material, trade secrets and
other proprietary intellectual property. You may not decompile, disassemble, reverseengineer
or otherwise display the Monster Software in human-readable form. No portion
of the Monster Software may be reproduced in any form or by any means. You may not
modify, translate, rent, lease, distribute, lend or sell, distribute, or create deriviative works
based on the Monster Software, or the right to use it, to others. You may not remove any
proprietary notices or labels on the Monster Software, to the extent that You have access
to such notices or labels. You agree that the terms of this paragraph apply to the Monster
Software and all portions of it, whether owned by Monster or Monster's third party
- Removal of Content or Features. Notwithstanding any other provision of these Terms
and Conditions, Monster and its licensors reserve the right to change, suspend, remove
or disable access to any content, features or other materials comprising a part of the
Monster Software at any time without notice. In no event will Monster be liable for the
removal of or disabling of access to any such content, features or materials under these
Terms and Conditions. Monster may also impose limits on the use of or access to certain
features or portions of the Monster Software, without notice or liability.
- Information and Privacy.
collects, the way Monster handles such information, and the choices You may have with
expressly incorporated into these Terms and Conditions by this reference, and by
agreeing to these Terms and Conditions, You are also agreeing to the Monster Privacy
- Collection of Personal Information. You have the option to provide certain information,
including personally identifiable information ("Personal Information"), to Monster. Monster
may terminate your rights to or alter the availability of the Monster Software if any
Personal Information You provide is false, inaccurate or incomplete. You agree that
Monster may collect, process, store, and use the Personal Information You provide
- Consent to Transfer and Disclosure of Personal Information. By voluntarily providing
Personal Information to Monster, You hereby unambiguously consent to the collection
and processing of your Personal Information by Monster and to the transfer of your
Personal Information, as necessary, in connection with a merger, acquisition,
reorganization, and/or sale of all or substantially all of Monster’s assets. You further
agree and give Monster the right, without liability, to use or disclose Personal Information
as required or permitted by law and/or if Monster believes that such action is necessary
to comply with a legal requirement, a court order, request by law enforcement officials, or
other legal process, or to protect the rights, property, and safety of others or Monster.
Monster also reserves the right to report to law enforcement agencies any activities that
Monster, in good faith, believes to be unlawful.
- Security. You agree that You will not attempt to, or encourage or assist any other person to,
circumvent, modify, reverse-engineer, decompile, disassemble or otherwise tamper with any
security technology or software that is part of the Monster Software or is used to monitor or
enforce these Terms and Conditions. Monster may implement DRM or other similar security
systems that contain measures designed to prevent unauthorized copying of software used with,
accessed through or obtained via Monster. Violations of system or network security may result in
civil or criminal liability.
- Third Party Materials and Websites. Certain content and materials provided by Monster may
include materials from third parties or links to certain third party websites. Monster is not
responsible for examining or evaluating the content or accuracy of any such third party material or
websites. Monster does not warrant or endorse and does not assume and will not have any
liability or responsibility for any third party materials or websites, or for any other materials,
products or services of third parties. Links to other websites are provided solely as a convenience
to You. You agree that You will not use any third party materials in a manner that would infringe
or violate the rights of any other party, and that Monster is not in any way responsible for any
such use by You.
- Intellectual Property
- Ownership. The Monster Software contains proprietary information and material that is
owned by Monster and/or its licensors, and is protected by applicable intellectual property
and other laws, including, but not limited to, domestic and international copyright laws.
You may not use such proprietary information or materials in any way whatsoever except
for use of the Monster Software in compliance with these Terms and Conditions. You
agree not to exploit the Monster Software in any unauthorized way whatsoever, including,
but not limited to, by trespass or burdening network capacity. THE USE OF THE
MONSTER UPDATE SOFTWARE, EXCEPT AS EXPRESSLY PERMITTED IN THESE
PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND
CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
- Trademarks. All Monster logos and trademarks used in connection with the Monster
Software are trademarks or registered trademarks of Monster in the U.S. and/or other
countries. Other trademarks, service marks, graphics, and logos that may be used in
connection with the Monster Software are the trademarks of their respective owners. You
are granted no right or license by Monster with respect to any such trademarks.
- NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE,
THE MONSTER UPDATE SOFTWARE IS AT YOUR SOLE RISK. THE MONSTER UPDATE
SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU.
- CERTAIN DAMAGES. IN NO CASE SHALL MONSTER, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE MONSTER
SERVICE OR THE SOFTWARE, OR FOR ANY OTHER CLAIM THAT IS RELATED IN
ANY WAY TO YOUR USE OF THE MONSTER SERVICES OR THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT OR FEATURE POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE MONSTER SERVICE OR THE SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN
SUCH STATES AND JURISDICTIONS, MONSTER’S LIABILITY SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
- LOSSES AND INTRUSIONS. MONSTER DOES NOT REPRESENT OR GUARANTEE
THAT THE MONSTER UPDATE SOFTWARE WILL BE FREE FROM LOSS,
CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER
SECURITY INTRUSION, AND MONSTER DISCLAIMS ANY LIABILITY RELATING
- INFORMATION SECURITY. MONSTER WILL USE REASONABLE EFFORTS TO
PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE
MONSTER UPDATE SOFTWARE, BUT YOU ACKNOWLEDGE AND AGREE THAT
YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK. MONSTER
HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR
LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- SERVICE INTERRUPTIONS. MONSTER DOES NOT GUARANTEE, REPRESENT, OR
WARRANT THAT YOUR ACCESS TO OR USE OF THE MONSTER UPDATE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT,
FROM TIME TO TIME, MONSTER MAY REMOVE OR SUSPEND ACCESS TO THE
MONSTER UPDATE SOFTWARE FOR INDEFINITE PERIODS OF TIME FOR
MAINTENANCE PURPOSES. FURTHER YOU ACKNOWLEDGE THAT MONSTER’S
CONTINUED PROVISION OF THE MONSTER UPDATE SOFTWARE RELIES UPON
THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB, AND
CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE
INTERNET AND WORLD WIDE WEB ARE BEYOND MONSTER’S CONTROL.
- WAIVER AND INDEMNITY. BY DOWNLOADING AND USING THE MONSTER UPDATE
SOFTWARE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MONSTER, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND
LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE
TAKEN BY MONSTER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF
- Changes. Monster reserves the right, at any time and from time to time, to update, revise,
and to impose new or additional rules, policies, terms and conditions on your use of the Monster
Software. Unless expressly stated to the contrary, such updates, revisions, supplements,
modifications, and additional rules, policies, terms and conditions (collectively, the "Additional
Terms") will be effective immediately and incorporated into these Terms and Conditions. Your
continued use of the Monster Software following Monster's adoption and posting of any Additional
Terms will be deemed to constitute your acceptance of any and all such Additional Terms. The
available for viewing at http://www.monsterproducts.com/.
- Compliance with Laws. You agree to comply with all federal, state, local, and national laws,
statutes, ordinances and regulations that apply to your use of the Monster Software. If You are
located outside the U.S., then You are responsible for complying with any local laws in your
jurisdiction which might impact your right to import, export or use the Monster Software, and You
represent that You have complied with any regulations or registration procedures required by
applicable law to make this license enforceable.
- Enforcement. Monster reserves the right to take steps that Monster believes are reasonably
necessary or appropriate to enforce and verify your compliance with these Terms and Conditions.
- Termination. These Terms and Conditions are effective from the time You accept these Terms
and Conditions. You may terminate the license granted to You by these Terms and Conditions at
any time by permanently ceasing your use of the Monster Software, and uninstalling the Monster
Software from your computer. The license granted to You by these Terms and Conditions will
terminate immediately and without further notice if You fail to comply with any provision of these
Terms and Conditions. All obligations of confidentiality and restrictions on use, and all other
provisions that may reasonably be interpreted to survive termination of the license granted to you
by these Terms and Conditions, will survive termination, regardless of the reasons for
termination. Upon termination, You agree to cease all use of, the Monster Software and to
uninstall the Monster Software from your computer. If You fail to comply with any of the provisions
of these Terms and Conditions, including, but not limited to, infringing or otherwise violating the
rights of any third party, Monster, at its sole discretion, without notice to You may: (i) terminate
the license granted to You by these Terms and Conditions; and (ii) preclude You from accessing
the Monster Software or any part of it.
- Governing Law and Venue. These Terms and Conditions and your use of the Monster Software
are governed by the laws of the State of California, without reference to its conflicts of law rules.
Your use of the Monster Software may also be subject to other local, state, national or
international laws. You expressly agree that exclusive jurisdiction and venue for any claim or
dispute with Monster or relating in any way to your use of the Monster Software resides in the
state or federal courts of San Mateo County, California. You hereby irrevocably consent to the
personal and exclusive jurisdiction and venue of these courts.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between You and
Monster concerning your use of the Monster Software, and they supersede any prior agreements
between You and Monster concerning the Monster Software. If any provision of these Terms and
Conditions is found by a court of competent jurisdiction to be invalid, the other provisions will
remain in full force and effect. Monster's failure to enforce any right or provision in these Terms
and Conditions will not constitute a waiver of such provision, or any other provision of these
Terms and Conditions. Waiver of a breach shall not waive the right to enforce any subsequent
breach under these Terms and Conditions. Monster will not be responsible for failures to fulfill any
obligations due to causes beyond its control. If You have any questions regarding this
Agreement, You may contact Monster using the contact information appearing on Monster's
website at http://www.monsterproducts.com/.