Thank you for choosing Search.us.com software (the "Search.us.com Toolbar Software").
By accepting to install the Search.us.com Toolbar Software, you agree to these software license terms (the "Software License") that supplement the Search.us.com Toolbar Terms of Service ("TOS"): http://support.search.us.com/terms.php. If you disagree with any of the terms below, Search.us.com Toolbar does not grant you a license to use the Search.us.com Toolbar Software; click the "Decline" or "Cancel" button to exit the installer.
Search.us.com Toolbar reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. Search.us.com Toolbar may change this Software License by posting a new version without notice to you. Use of the Search.us.com Toolbar Software after such change constitutes acceptance of such changes.
By accepting the terms of this Agreement, you represent to Search.us.com and its affiliates (collectively, "Search.us.com Toolbar") that you are at least 18 years old. The Search.us.com Toolbar Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Search.us.com Toolbar Software") are owned by Search.us.com, or Search.us.com Toolbar's licensors and content and data providers ("Search.us.com Toolbar Licensors"), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Search.us.com Toolbar Software, all updates, revisions, substitutions, and any copies of the Search.us.com Toolbar Software made by or for you. All rights not expressly granted to you are reserved by Search.us.com Toolbar or their respective owners.
YOU MAY install and personally use the Search.us.com Toolbar Software and any updates provided by Search.us.com Toolbar (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Search.us.com Toolbar Software for your own noncommercial use or benefit. Your license to the Search.us.com Toolbar Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the Search.us.com Toolbar Software and by destroying all your copies of the applicable Search.us.com Toolbar Software. To uninstall the Search.us.com Toolbar Software, you may use the standard Microsoft Windows “Add/Remove Programs” menu in either the My Computer/Control Panel option or the Settings/Control Panel option. Once you access the Microsoft Windows Control Panel option, select “Add/Remove Programs,” and then the name of the Search.us.com Toolbar Software. The Search.us.com Toolbar Software will be uninstalled and will no longer be visible when you restart your web browsers. This Software License terminates automatically if you violate any term of this Software License, Search.us.com Toolbar publicly posts a written notice of termination on the Search.us.com.com web site.
YOU MAY NOT:
The Search.us.com Toolbar Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. Search.us.com Toolbar and Search.us.com Toolbar's Licensors own all rights, title, and interest in and to their applicable contributions to the Search.us.com Toolbar Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Search.us.com Toolbar, including (but not limited to) the Search.us.com Toolbar Software and Search.us.com Toolbar trademarks, and creates no relationship between yourself and Search.us.com Toolbar's Licensors, or between you and Search.us.com Toolbar other than that of Search.us.com Toolbar to licensee.
The Search.us.com Toolbar Software and its components contain software licensed from Search.us.com Toolbar Licensors ("Licensor Software"). The Licensor Software enables the Search.us.com Toolbar Software to perform certain functions, including, without limitation, access proprietary data on third -party data servers. You agree that you will use the Search.us.com Toolbar Software, and any data accessed through the Search.us.com Toolbar Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Search.us.com Toolbar Software, or any data obtained through the Search.us.com Toolbar Software, to any third party. Your license to use the Search.us.com Toolbar Software, its components, and any third -party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Search.us.com Toolbar Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
Search.us.com Toolbar may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Search.us.com Toolbar Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Search.us.com Toolbar may change, suspend, or discontinue any aspect of the Search.us.com Toolbar Software at any time, including the availability of any Search.us.com Toolbar Software feature, database, or content. Search.us.com Toolbar may also impose limits on certain features and services or restrict your access to parts or all of the Search.us.com Toolbar Software or the Search.us.com Toolbar web site without notice or liability. Additionally, in order to enhance the security of the Search.us.com Toolbar Software or to fix bugs, from time to time, Search.us.com Toolbar may automatically download and install updates to the Search.us.com Toolbar Software with or without prior notification.
Also Search.us.com Toolbar reserves the right to charge fees for future use of or access to the Search.us.com Toolbar Software or the Search.us.com Toolbar services and web sites (collectively, "Search.us.com Toolbar Software Services") in Search.us.com Toolbar's sole discretion. If Search.us.com Toolbar decides to charge for the Search.us.com Toolbar Software Services, such charges will be disclosed to you prior.
USE OF THE SEARCH.US.COM TOOLBAR SOFTWARE AND ANY DATA ACCESSED THROUGH THE SEARCH.US.COM TOOLBAR SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SEARCH.US.COM TOOLBAR SOFTWARE (SUCH AS ANY ANTI-SPYWARE FEATURE) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
SEARCH.US.COM TOOLBAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "SEARCH.US.COM TOOLBAR ENTITIES") AND SEARCH.US.COM TOOLBAR LICENSORS DO NOT REPRESENT THAT THE SEARCH.US.COM TOOLBAR SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE SEARCH.US.COM TOOLBAR ENTITIES AND SEARCH.US.COM TOOLBAR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SEARCH.US.COM TOOLBAR SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SEARCH.US.COM TOOLBAR SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SEARCH.US.COM TOOLBAR SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. SEARCH.US.COM TOOLBAR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF THE SEARCH.US.COM TOOLBAR SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE SEARCH.US.COM TOOLBAR ENTITIES OR THE SEARCH.US.COM TOOLBAR LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIRS OR INJURY OF ANY KIND, EVEN IF THE SEARCH.US.COM TOOLBAR ENTITIES OR SEARCH.US.COM TOOLBAR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
THE SEARCH.US.COM TOOLBAR ENTITIES AND SEARCH.US.COM TOOLBAR LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SEARCH.US.COM TOOLBAR SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE SEARCH.US.COM TOOLBAR ENTITIES AND SEARCH.US.COM TOOLBAR LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD -PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE SEARCH.US.COM TOOLBAR SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE SEARCH.US.COM TOOLBAR
SOFTWARE, OR ANY DATA PROVIDED THROUGH THE SEARCH.US.COM TOOLBAR SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE SEARCH.US.COM TOOLBAR SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE SEARCH.US.COM TOOLBAR ENTITIES AND SEARCH.US.COM TOOLBAR LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. SEARCH.US.COM TOOLBAR MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SEARCH.US.COM TOOLBAR SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SEARCH.US.COM TOOLBAR SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
You agree to indemnify and hold the Search.us.com Toolbar Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Search.us.com Toolbar Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
If the Search.us.com Toolbar Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Search.us.com Toolbar Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227- 19 for "restricted computer software." All other terms and conditions of this Software License apply.
This Software License and the relationship between you and Search.us.com Toolbar is governed by the laws of the State of California without regard to its conflict of law provisions. You and Search.us.com Toolbar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The United Nations Convention on the International Sale of Goods does not apply to this Software License.
The failure of Search.us.com Toolbar to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
This Software License and the TOS constitute the entire understanding between the parties respecting use of the Search.us.com Toolbar Software, superseding all prior agreements between you and Search.us.com Toolbar. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software License and the TOS, this Software License will control to the extent of such conflict.
Sections 1.b, 2, and 4 through 10, will survive any termination of this Agreement.