| End-User License Agreement |
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- Windows 98/NT/2000/ME/XP
- Internet Explorer 5.5 or higher
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| End-User License
Agreement |
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| Thank you for trying the ACSi Toolbar software
("Toolbar")! Before you download the Toolbar you must read
and fully consent to this End-User License Agreement (the
"Agreement"). Your download, installation and use of the
Toolbar (including any third party software made available in
conjunction with this software) are governed by this Agreement and
you agree to be bound by the following terms and conditions (the
"Terms and Conditions"). By using the Toolbar, you also
consent to the ACSi Toolbar Privacy
Policy.
(1) Personal Use Only
Any references to the pronoun "you" or "your"
anywhere in this Agreement are intended to refer to any one
Authorized User and to all Authorized Users of the Toolbar and the
Toolbar Services. You are only authorized to use the Toolbar and the
Toolbar services for your personal use only (at work or at home) and
not for any commercial purpose. Personal use only means that you may
use it at work or at home, to search for anything you want. But you
first need to obtain ACSi's permission if you want to sell,
modify, copy, license, or create derivative works from the Toolbar.
Furthermore, you may not use the Toolbar in any manner that could
damage, disable, overburden, or impair ACSi's search services.
You may NOT use the Toolbar in an automated manner, nor may you use
the Toolbar in any manner that could interfere with any other
party's use of ACSi's services. The Toolbar Services that are
enabled through the Toolbar are subject to change from time to time,
and by installing or using the Toolbar, you consent to our adding,
changing or removing Toolbar Services made available in conjunction
with or through the Toolbar.
(2) Limited License to Use the Toolbar
The Toolbar is designed to be used in conjunction with ACSi's
meta-search services. Accordingly, your use of the Toolbar is also
defined by the general terms and conditions of use applicable to the
ACSi Web site located at www.acsiwebhosting.com. We hereby agree to
grant to you, a non-exclusive, limited license, to download, install
and use the most recent version of the Toolbar subject to the
provisions set forth in this Agreement. We may, but need not, issue
changes, patches, and fixes (collectively, "Upgrades") to
the Toolbar. If and when we issue Upgrades to the Toolbar to the
general public or otherwise, we may, but are not required to, make
such Upgrades available to you. The Toolbar shall include such
Upgrades and the updated Toolbar shall be governed by the terms of
this Agreement. If you have the current version of the Toolbar
installed on your authorized computer, and we decide to make
Upgrades available to you, we may automatically download the
Upgrades onto your authorized computer. By first downloading and
installing the Toolbar onto your authorized computer, you agree that
we may automatically provide such Upgrades to you at our discretion
without any requirement for further approval or consent from you or
notification to you. We may also determine from time to time, in our
discretion, that in order to provide you with new Upgrades, you will
need to review this Agreement (as such may be amended by us in our
discretion) again and accept them again, before you are permitted to
download and install any such Upgrades.
(3) Intellectual Property
You acknowledge that ACSi or third parties own all rights, title
and interest in and to the Toolbar, portions thereof, or software
provided through or in conjunction with the Toolbar, including
without limitation all Intellectual Property Rights. The Product is
protected by copyright and other intellectual property rights. You
agree not to modify, adapt, translate, prepare derivative works
from, decompile, reverse engineer, disassemble or otherwise attempt
to derive source code from the Toolbar. You may not copy or
otherwise use the Product, in whole or part, except as expressly
permitted by this Agreement. You also agree to not remove, obscure,
or alter ACSi's or any third party's copyright notice,
trademarks, or other proprietary rights notices. Portions of the
Product may have been developed by one or more third parties, who
shall each have the right and ability to enforce those provisions of
this Agreement which relate to intellectual property and
confidentiality restrictions and protections.
(4) Disclaimer of Warranties
ACSi and any third party who makes its software available in
conjunction with or through the Toolbar disclaim any responsibility
for any harm resulting from your use of the Toolbar and/or any third
party software accessed in conjunction with or through the Toolbar.
THE TOOLBAR IS PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER WITH RESPECT TO ITS FUNCTIONALITY, OPERABILITY OR USE,
AND NEITHER COMPANY NOR ITS LICENSORS WARRANT THAT THE PRODUCT WILL
MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL
BE UNINTERRUPTED OR THAT THE PRODUCT IS ERROR-FREE. YOU UNDERSTAND
AND AGREE THAT THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE
OF THE TOOLBAR IS WITH YOU. THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD AND/OR USE THE ACSi TOOLBAR AND ALL
THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH
THE ACSi TOOLBAR AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ACSi
TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
(5) Limitation of Liability
IN NO EVENT SHALL ACSi OR ANY OTHER PARTY WHICH HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT BE
LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER FOR USE OF THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES OR DAMAGES FOR LOST PROFITS OR LOSSES RESULTING FROM SYSTEM
INTERRUPTION OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR
LEGAL THEORY UNDER WHICH THE LIABILITY MAY BE ASSERTED, EVEN IF
ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. IN NO
EVENT WILL ACSi BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF OR IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION,
USE OR MISUSE, UNINSTALLATION, OR RELIANCE UPON THE TOOLBAR OR THE
TOOLBAR SERVICES.
(6) Miscellaneous Provisions
These Terms and Conditions constitute the entire agreement between
the parties with respect to the subject matter hereof and supersede
and replace all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter.
If any provision of this Agreement is held to be invalid or
unenforceable under any circumstances, its application in any other
circumstances and the remaining provisions of this Agreement shall
not be affected. No waiver of any right under this Agreement shall
be effective unless given in writing by an authorized representative
of ACSi. No waiver by ACSi of any right shall be deemed to
be a waiver of any other right of ACSi arising under this
Agreement. This Agreement shall be governed and construed in all
respects by the laws of the Commonwealth of Pennsylvania, without
giving effect to principles of conflict of laws. Any notice required
or permitted to be given under this Agreement shall be given in
writing and shall be effective from the date delivered by hand or
sent by registered mail, certified mail or overnight courier. |
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