Software License and Service Agreement
Welcome to 360 Secure Browser!
Before using 360 Secure Browser (the "Software"), please carefully
read the terms and conditions of this Software License and Service
Agreement, including the 360 Privacy Policy
(https://browser.360totalsecurity.com/static/privacy.html, as
described below) (collectively referred to hereinafter as this
"Agreement"). Beijing Qihu Keji Co. Ltd. ("360," "we," or "us") is
willing to license the Software to you only on the condition that you
accept all of the terms and conditions of this Agreement. This is a
legally binding and enforceable contract between you and 360. By
clicking "I accept" before downloading, installing, using or copying
the Software, you, the user, confirm that you are at least 13 years of
age, and that you agree to be bound by the terms and conditions of
this Agreement. If you do not accept this Agreement, you must not
download, install, use or copy this Software.
Intellectual Property Statement
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360 owns and retains all right, title, and interest in and to the
Software, including all copyrights and any other
intellectual-property rights. All intellectual property, trademark
rights and patent rights in the Software and all information related
to the Software, are under the protection of national or regional
intellectual property laws and regulations.
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360 owns and retains all right, title and interest in and to use the
Qihoo 360 name, the logo and the product names associated with the
web site and the services in connection with the Software, and does
not grant you any right or license to use them except in accordance
with this Agreement.
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Except as expressly provided in this Agreement, you do not acquire
any rights in the Software.
Software License
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The Software is a free product. 360 hereby grants you and only you a
limited license to download, install, use and copy the Software on a
single device for non-commercial use and without limitation on
number of uses. Each copy of the Software that is copied,
distributed and/or transferred by you must be complete, accurate and
authentic, including all of software, electronic documents,
copyright and trademark related to the Software and this Agreement.
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The Software will automatically deactivate when you uninstall the
Software, and you will not be entitled to receive any feature or
content update to the Software thereafter.
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All rights not expressly granted herein are reserved by 360. You
must obtain separate written approval from 360 to obtain rights not
expressly granted herein. Unless applicable law gives you more
rights than contained herein, you may only use the Software as
expressly permitted in this Agreement.
User Conduct and Compliance with Laws
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Use of the Software is subject to all applicable local, state,
federal and international laws and regulations. You agree to comply
with such laws and regulations.
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You agree not to:
- use the Software for any illegal purposes;
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reverse engineer, decompile, disassemble or otherwise attempt to
modify any internal resources of the Software or the compiled
program files (including without limitation any related malware
signatures and malware detection routines), or create derivative
works of any of the foregoing, except to the extent that the
foregoing restriction is expressly prohibited by applicable law;
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sell, copy or distribute the Software for any commercial
purpose, including but not limited to software sales,
pre-installation and software bundling, without the written
consent of 360;
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use any parts or components of the Software separately for any
purpose except as provided in this Agreement because this
Software is licensed to be used as a single product;
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intentionally circumvent or destroy any technical measures taken
to protect the Software's copyright, or delete or modify any
electronic rights management data or information of the
Software;
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intentionally mislead or deceive other people by using this
Software;
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falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded;
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use the Software to improperly access a computer or mobile
network or use any computer or mobile network resources without
permission;
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use the Software to delete, modify or augment the function of
any computer or mobile network without permission;
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use the Software to delete, modify or increase the data and/or
applications stored, processed or transferred in any computer or
mobile network without permission;
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use the Software to perform any other act intended to harm the
security of any computer or mobile network; or
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use the Software to disrupt of the normal operation of other
software on the device, the 360 website, or propagate any
malware.
User Guide
Provide basic functionality for users to access webpages on their
computers, including address bars, downloads, history, checking for
new version updates, creating new tags, tag lists, etc.
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The Address Bar. It supports text search, domain name resolution,
intelligent matching of domain names, preset website library,
providing users with input of website addresses to visit websites,
entering text to display search results, helping users to
efficiently and quickly complete the input of website addresses and
webpage opening.
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History Record. It records the websites visited before and supports
date lookup, so that the visit record can be searched according to
the date.
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Create a New Tag. It provides users with a convenient entry to the
internet, including a nine-grid entry of popular mainstream
websites/websites most frequently visited by users, as well as a
search box and corresponding entries for configuring the display
items of the new tag page.
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Tag List. It displays the title information of the currently opened
web tags so that users can switch between the opened web tags. The
function also allows users to create a new tag or close all tags, as
well as provide an entry for setting tag options.
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The Incognito Browsing Function. It enables the browser not to
record any traces of the user's online activity, thus protecting
their privacy, with no history records, and no traces left in the
address bar drop-down list, the recently closed tags list, and the
list of unclosed tags when closing the window; when the user exits
the incognito mode, 360 Secure Browser will delete new Cookies
received during the incognito browsing and the temporary files left
when visiting websites.
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Automatic Upgrade. 360 Secure Browser will regularly communicate
with 360's servers to query whether there is the latest version
available for upgrade, and if a new version is found, it will prompt
the user to install it, so that the user can first use the latest
and most stable version of 360 Secure Browser.
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Install and Uninstall Program. When installing or uninstalling 360
Secure Browser, the browser version number will be sent to 360 for
statistical analysis of uninstallation rate, to help 360 detect
potential problems. When uninstalling, users are asked to fill in
the reason for uninstalling; if they do, the relevant information
will also be collected on 360's server, to be used to improve the
company's products.
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Program Error Log Reporting. When the user crashes or encounters
other exceptions when using this software, the software will send
the crash report to 360's server. The software will avoid sending
personal identity identification information. However, in order to
help 360 diagnose the problems of the browser, the crash report sent
to the 360 server will include the Dump file of the browser process
crash and the relevant parameters of the browser crash process, as
well as the information about the operating system and environment
of the browser.
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This software is only applicable to Win7 / Win10 / Win11 operating
systems. If the user wishes to abandon this software after
installation for any reason, it can be removed from the Windows
control panel. All consequences of deletion shall be borne by the
user.
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For the list of other third-party software used by the Chromium
software, and their associated licenses and other related
information, please visit the Google Chromium Open Source License
page.
https://opensource.google/organizations-we-support
360 Privacy Policy
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The Software does not contain any malicious code aimed at
undermining your computer data and obtaining private information,
nor code that tracks and monitors your computer. The Software will
not (1) collect any information about use of software or documents
unrelated to the Software; or (2) disclose any of your private data
to any other person.
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You agree to 360's use of your data in accordance with the 360
Privacy Policy
(https://browser.360totalsecurity.com/static/privacy.html), which is
incorporated herein by reference. For information about 360's data
protection and collection practices, please read the 360 Privacy
Policy.
Legal Liability and Disclaimer
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THE SOFTWARE HAS BEEN THOROUGHLY TESTED, BUT 360 CANNOT GUARANTEE
THAT IT IS FULLY COMPATIBLE WITH YOUR DEVICE. IF YOU ENCOUNTER AN
INCOMPATIBILITY WITH YOUR DEVICE, PLEASE CONTACT 360 SECURITY CENTER
FOR TECHNICAL SUPPORT. YOU SHOULD UNINSTALL THE SOFTWARE IF THE
COMPATIBILITY PROBLEM PERSISTS.
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IN NO EVENT WILL 360 BE LIABLE FOR ANY DAMAGE TO YOU CAUSED BY ANY
CONFLICTS WITH SOFTWARE PREVIOUSLY INSTALLED ON YOUR DEVICE OR BY
OPERATION OF THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE DIRECT OR
INDIRECT PERSONAL LOSS, LOSS OF BUSINESS PROFITS, SUSPENSION OF
TRADE, LOSS OF THE BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS,
EXCEPT FOR THE REPAIR OF MANUFACTURING DEFECTS OF THE SOFTWARE.
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360 SHALL NOT BE LIABLE FOR ANY LOSSES TO YOU DUE TO A THIRD PARTY'S
COMMUNICATION ERROR, TECHNICAL PROBLEM, NETWORK OR COMPUTER FAILURE,
SYSTEM INSTABILITY, OR OTHER FORCE MAJEURE EVENTS.
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IF YOU VIOLATE THIS AGREEMENT OR THE RELATED TERMS OF SERVICE,
RESULTING IN ANY CLAIM, DAMAGE OR LOSS TO 360, 360 MAY TAKE MEASURES
INCLUDING BUT NOT LIMITED TO DISCONTINUING THE SOFTWARE LICENSE,
TERMINATING PROVISION OF SERVICES, RESTRICTING USE OF THE SOFTWARE
AND/OR TAKING ANY NECESSARY LEGAL OR ADMINISTRATIVE ACTIONS.
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360 CANNOT GUARANTEE THAT THE SOFTWARE IS NOT INFECTED BY OR BUNDLED
WITH DISGUISED MALWARE IF THE SOFTWARE IS DOWNLOADED FROM A SOURCE
OTHER THAN THE 360 WEB SITE. 360 WILL NOT BE LIABLE FOR DIRECT OR
INDIRECT DAMAGE CAUSED BY COPIES OF THE SOFTWARE OBTAINED FROM THIRD
PARTIES.
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360 HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND
CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS
OF DATA, DEVICE FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, INTEGRATION,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR
REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES,
EMAILS, DOCUMENT, ADVERTISEMENTS, OR THE LIKE, WHETHER ARISING BY
STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE
USAGE. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
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360 DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. 360 DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT 360 DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE,
ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER
MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY THEM.
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SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL 360'S LIABILITY
EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
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IF YOU ARE DISSATISFIED OR HARMED BY 360 OR ANY PORTION OF THE 360
WEB SITE, YOU MAY UNINSTALL 360'S PRODUCT, CLOSE YOUR 360 ACCOUNT OR
DISCONTINUE USING THE 360 WEB SITE, AND SUCH DISCONTINUANCE SHALL BE
YOUR SOLE AND EXCLUSIVE REMEDY.
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As a condition of use of the Software, you agree to indemnify 360,
its affiliates, partners, officers, directors, employees and agents
from and against any and all actions, claims, losses, damages,
liabilities and expenses (including reasonable attorneys' fees)
arising from your violation of any term of this Agreement. This
defense and indemnification obligation will survive termination of
this Agreement and your use of the Software.
Applicable Law and Disputes
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The Agreement shall be governed by the law of the state of New York,
excluding its conflicts of laws rules.
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For any dispute you have with 360, you agree to first contact us and
attempt to resolve the dispute with us informally. If 360 has not
been able to resolve the dispute with you informally, we each agree
to resolve any claim, dispute, or controversy (excluding claims for
injunctive or other equitable relief) arising out of or in
connection with or relating to this Agreement by binding arbitration
by the American Arbitration Association ("AAA") under the Commercial
Arbitration Rules and Supplementary Procedures for Consumer Related
Disputes then in effect for the AAA, except as provided herein.
Unless you and 360 agree otherwise, the arbitration will be
conducted in the state of New York. Each party will be responsible
for paying any AAA filing, administrative and arbitrator fees in
accordance with AAA rules, except that 360 will pay for your
reasonable filing, administrative, and arbitrator fees if your claim
for damages does not exceed $5000 and is non-frivolous (as measured
by the standards set forth in Federal Rule of Civil Procedure
11(b)). The award rendered by the arbitrator shall include costs of
arbitration, reasonable attorneys' fees and reasonable costs for
expert and other witnesses, and any judgment on the award rendered
by the arbitrator may be entered in any court of competent
jurisdiction. Nothing in this Section shall prevent either party
from seeking injunctive or other equitable relief from the courts
for matters related to data security, intellectual property or
unauthorized access using the Software.
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ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU
AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 360 ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION.
Miscellaneous
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This Agreement constitutes the entire agreement between you and 360
governing your use of the Software. You may also be subject to
additional and separate terms and conditions that apply when you use
or purchase other 360 products, services, or affiliate services, or
third-party content or software.
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If any provision of this Agreement is determined to be illegal,
invalid or unenforceable, the provision so determined to be illegal,
invalid or unenforceable shall be severable without affecting the
enforceability of any of the remaining provisions.
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360 may modify the terms of this Agreement in accordance with any
changes to relevant laws and regulations, or in accordance with any
changes to 360 or its business. We will notify you of all
modifications to this Agreement on our webpage
(https://browser.360totalsecurity.com) and attach with the latest
version of the Software. You may uninstall the Software if you do
not agree to the modified content of the Website or the Network
Services. Your continued use of the Software shall be regarded as
your acceptance of the modification to this Agreement.
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This Agreement, and any rights and licenses granted hereunder, may
not be transferred or assigned by you except as explicitly provided
in this Agreement, but may be assigned by 360 without restriction.
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360 may be required to send you legal notices and other
communications about the Software, services or our use of the
information you provide us ("Communications"). 360 will send
Communications via in-product notices or via email to the primary
user's registered address, or will post Communications on the 360
web site. By accepting this Agreement, you consent to receive all
Communications through these electronic means only and acknowledge
and demonstrate that you can access Communications on the 360 web
site.