INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™ LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY DOWNLOADING OR INSTALLING,
REGISTERING FOR, OR USING THE INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™ SERVICE
AND/OR SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO
NOT USE INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™ SERVICES AND/OR SOFTWARE.
Softwares develpoed by "Integrated Search Technologies" :
- Yoursitebar,Slotchbar and xxtoolbar
- Sidefind
- PowerScan
This agreement applies to the "Integrated Search Technologies" softwares, including the following softwares provided by our partners.
For BullsEye license agreement, http://www.exactadvertising.com/product_eulas/Be.html
For Internet Optimizer license agreement, http://www.internet-optimizer.com/legal/EULA/
For ContextPlus license agreemement, http://www.contextplus.com/license.html
For dealhelper license agreement, http://www.dealhelper.com/agreement/terms2.html
For Surfaccuracy license agreement,
http://www.surfaccuracy.com/eula.html.
Select Cashback Software Agreement :
IST toolbar software includes the Select CashBack Software. By clicking "YES" on
the download box, & thereby agreeing to download the IST toolbar and other software
applications, you agree to download the Select CashBack Software, and agree to the
Select CashBack Software License (EULA) localed at http://www.shopathomeselect.com/TermsAndConditions.asp
EACH SOFTWARE APPLICATION IS SUBJECT TO A SEPARATE AGREEMENT. CAREFULLY READ THE SELECT
CASHBACK EULA FOUND AT THE ABOVE ONLINE SITE BECAUSE BY DOWNLOAD OR INSTALLING, REGISTERING
FOR, OR USING THE SELECT CASHBACK SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THE SELECT CASHBACK EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS EULA, DO NOT INSTALL OR USE THE SELECT CASHBACK SOFTWARE. THE SELECT
CASHBACK EULA IS INDEPENDENT OF THE AGREEMENTS APPLICABLE TO IST TOOLBAR AND OTHER SOFTWARES
APPLICATIONS YOU CAN USE WHICH ARE ALSO BINDING ON YOU. THE SELECT CASHBACK EULA GOVERNS YOUR
USER OF THE SELECT CASHBACK SOFTWARE AND SHALL TAKE PRECEDENCE WITH RESPECT TO ANY MATTER RELATING
TO THE SELECT CASHBACK SOFTWARE.
For 180search Assistant license agreement :
" By accepting this agreement you also accept the terms and conditions
of the 180search Assistant End User License agreement and privacy statement
located at http://www.180searchassistant.com/eula.aspx. 180search Assistant
is a permission-based search assistant application that provides access to a
wide range of websites, applications and information. 180search Assistant will
periodically direct you to our sponsors' websites, allowing you to compare products,
services, and prices between websites. 180search Assistant will collect information
that will be used to identify you personally. The information that 180search
Assistant collects and transmits will be used to provide you with access to
comparative shopping opportunities at times when we consider them most revelant.
180search Assistant can be uninstalled at any time by going to the “Add/Remove
Programs” menu on your computer and clicking the “Remove”
button next to the entry for Uninstall 180search Assistant. To learn more about
the 180search Assistant, please visit the 180search Assistant website at www.180searchassistant.com
or http://www.180searchassistant.com/eula.aspx
1. DESCRIPTION. The Integrated Search Technologies toolbar™ will give you
access to tools to improve your internet searches via shortcuts and search tools.
It adds a discreet Integrated Search Technologies toolbar™ on the top of
your Internet Explorer that will display links to internet tools and pages.
2.
DEFINITIONS. "You" means the person or company who is being licensed
to use the software and/or service. "We", "us" means Integrated
Search Technologies or IST, "Software" means the Integrated Search Technologies
toolbar™ (or "IST toolbar™") software owned by Integrated
Search Technologies and selected third party software, including any upgrades,
modified versions, updates, additions and copies of the software. Services means
providing the IST toolbar™ Software and upgrades.
3. LICENSE GRANT. We hereby
grant you a non-exclusive, non-transferable, limited license to use one copy of
the Software on the computer which this license agreement was accepted on subject
to terms and conditions set forth below. The Software is "in use" on
a computer when it is loaded into temporary memory (RAM) or installed into the
permanent memory of a computer--for example, a hard disk, CD-ROM or other storage
device.
4. TITLE. This license is not a sale. We remain the owner of all right,
title and interest in the Software.
5. ARCHIVAL OR BACKUP COPIES. You may not
keep back up copies of this Software.
6. THINGS YOU MAY NOT DO. Canada and United
States copyright laws and international treaties protect the Software. You must
treat the Software like any other copyrighted material for example a book. You
may not: copy the Software in any form, modify or adapt the Software or merge
it into another program, reverse engineer, disassemble, decompile or make any
attempt to discover the source code of this Software, place the Software onto
a server so that it is accessible via a public network such as the Internet, or
sublicense, rent, lease, distribute or lend any portion of the Software or related
documentation. You agree to not use the Service to: a) harm minors in any way;
b) impersonate, or falsely state or otherwise misrepresent your affiliation with,
any person or entity, including, but not limited to, an IST official or affiliate;
c) interfere with or disrupt the Service or another person's use of the Service
or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service; d) violate
any applicable law, statute, regulation, rule or code, including, but not limited
to, rules and codes regarding online conduct.
7. LIMITED WARRANTY. Use of Integrated Search Technologies Software and/or Service
is at your own risk. Integrated Search Technologies provides the Software on an
"as is", "where is" basis without warranty of any kind, either
express, implied or statutory. To the extent permitted by applicable law, THE
FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING
ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE KNOW OR HAD REASON TO KNOW OF YOUR
PARTICULAR NEEDS.
IN NO EVENT SHALL INTEGRATED SEARCH TECHNOLOGIES BE LIABLE TO ANYONE FOR ANY UNAVAILABILITY,
DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED
RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING
THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH
INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF ANY
FORM OF INVASIVE COMPUTER PROGRAM, INVASION OF PRIVACY AND ANY RISK ARISING OUT
OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE
OR THE SERVICE. YOU ASSUME THE ENTIRE RISK FOR THE ACCURACY, ADEQUACY, COMPLETENESS,
CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.
NO EMPLOYEE, AGENT, DEALER, AFFILIATE OR DISTRIBUTOR OF OURS IS AUTHORIZED TO
MODIFY THIS LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME STATES
OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR OTHER JURISDICTIONS,
PROVINCES OR TERRITORY.
You agree to indemnify and hold us, and our licensors, suppliers, vendors, parent,
holding, subsidiary and related companies, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or arising out of your misuse
of the Service, your connection to the Service, your violation of this agreement,
your violation of any rights of any other person, or your breach of any applicable
law.
8. LIMITED REMEDY. INTEGRATED SEARCH TECHNOLOGIES LIABILITY TO YOU OR ANY THIRD
PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL (INCLUDING NEGLIGENCE),
OR OTHERWISE WILL NOT EXCEED $1 (ONE DOLLAR) OR THE FEE, IF ANY, PAID BY YOU
FOR THE SOFTWARE, WHICHEVER IS GREATER. IN NO EVENT WILL WE BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. YOU EXPRESSLY RELEASE
AND INDEMNIFY INTEGRATED SEARCH TECHNOLOGIES, IT’S EMPLOYEES, AGENTS,
DISTRIBUTORS, SUPPLIERS, PARTNERS, ADVERTISERS, BOARD OF DIRECTORS FROM ANY
AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION BOTH KNOWN AND UNKNOWN ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE AND/OR SERVICE. SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE
OR TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES,
WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID
BY YOU FOR THE SOFTWARE LICENSED HEREUNDER.
9. OTHER SOFTWARE. You allow that third party software may be installed in
the Software and the Integrated Search Technologies shall not be liable to anyone
with respect to such third party software.
10. LINKS. The Service may include links to third parties websites. We have
no control of the websites that are linked with the Service and we are not responsible
for their content nor do we endorse the material contained in such websites.
Access to such website is at your own discretion and risk.
11. TERM AND TERMINATION. This license agreement takes effect upon your use
of the Software and remains effective until terminated. You may terminate it
at any time by destroying the Software in your possession. You agree on termination
of this license to destroy all copies of the Software in your possession. You
may uninstall the Software by following the instructions available on Integrated
Search Technologies‘ web site at http://ysbweb.com/uninstall.html.
12. TERRITORY. The rights granted to you herein are woldwide and apply to you
wherever you are located or from whatever location you are accessing the Software
or Service.
13. CONFIDENTIALITY. The Software contains trade secrets and proprietary know-how
that belong to us or to third parties and it is made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE THIRD PARTY SOFTWARE,
OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE
WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS AND INTELLECTUAL PROPERTY LAWS.
14. PERSONS 17 YEARS OLD AND UNDER. If you are younger than 18 years old, you
are prohibited from downloading, registering, or using the Service. By using
the Service, you warrant to Integrated Search Technologies that you are at least
the age of 18 or that you are not a "minor" as this term is defined
in the jurisdiction where you are domiciled.
15. CONSENT OF USE. You agree and, it is your sole responsibility, to inform
all users of computer that you have caused the Software to reside, that you
will obtain their consent to this agreement before allowing them to use the
computer to connect to the internet. You understand and acknowledge that by
using the Service, you may be exposed to content that is offensive, indecent
or objectionable. You will make personal use only of such content.
16. UPDATES. You grant Integrated Search Technologies permission to add/remove
features and/or functions to the existing Software and/or Service, or to install
new applications or third party software, at any time, in its sole discretion
with or without your knowledge and/or interaction. By doing so, you agree to the
terms of the new applications. You also grant Integrated Search Technologies permission
to make any changes to the Software and/or Service provided at any time.
For BullsEye license agreement, http://www.exactadvertising.com/product_eulas//Be.html
For ShopAtHomeSelect license agreement, http://www.shopathomeselect.com/TermsAndConditions.asp
For Internet Optimizer license agreement, http://www.internet-optimizer.com/legal/EULA/
For ContextPlus license agreemement, http://www.contextplus.com/license.html
This application comes with the DealHelper Software which provides end users with
alternative offers, promotions, discounts and information. DealHelper enhances
your browser experience. Click the following URL to view the EULA that corresponds
with this software described herein: http://www.dealhelper.com/agreement/terms2.html
17. SERVER INTERACTION. You understand and accept that when the Software is installed,
it periodically communicates with a server operated by Integrated Search Technologies
and/or third party servers.
18. INFORMATION COLLECTION. You understand and grant
Integrated Search Technologies permission to assign each copy of the Software
an unique software identity code. You also grant Integrated Search Technologies
permission to collect and store information of your internet usage habit, including
but not limited to information about every web page you view with the full Uniform
Resource Locators, and the content of web page. You understand and accept that
Uniform Resource Locators and the content of web pages you view may include your
personally identifiable information. You grant Integrated Search Technologies
permission to collect and store information on which IST toolbar™ buttons
you click on, your response to advertising, the search terms you entered on the
IST toolbar™ and/or all other information relates to your internet usage
habit. Integrated Search Technologies may at times ask you for your personally
identifiable information, such as name, address, email address, zip code, telephone
number. You hereby grant Integrated Search Technologies permission to distribute
your non personally identifiable information to our partners, agents, and/or any
third party in Integrated Search Technologies’ sole discretion.
19. ARBITRATION.
Any claim or controversy arising out of or related to this Agreement, or the products
or services we provide and/or distribute shall be settled by binding arbitration
in accordance with the rules of the The Quebec National and International Commercial
Arbitration Centre. Any such claim or controversy shall be arbitrated on an individual
basis and shall not be consolidated with a claim of any other party. You agree
to pay any/all direct and/or indirect costs arising out or related to the claim
and/or controversy, including but not limited to legal costs, transportation,
accommodation, telephone calls. The foregoing shall not preclude Integrated Search
Technologies from seeking any injunctive relief for protection of Integrated Search
Technologies, intellectual property rights.
20. ADVERTISEMENT APPLICATION. You
grant Integrated Search Technologies permission to install an advertisement application
licensed to it from a third party. The purpose of the advertisement application
is to display an advertisement a limited number of times at a specified time interval;
the advertisement application will provide you the opportunity to install software
onto your computer and will be automatically uninstalled after its operation is
complete. You are granted a personal, non-commercial license to use this software,
under the same terms and conditions that apply to Integrated Search Technologies
software. The IST toolbar™ Software does not track user data or clickstream
data, does not compile a users database nor engage in user profiling. User information
is not transferred to our server thus preventing software into your computer.
However, we cannot control third party software which may be installed in the
IST toolbar™.
21. GENERAL PROVISIONS. a). This written license agreement is the exclusive agreement
between you and us concerning the Software and service and supersedes any and
all prior oral or written agreements, negotiations or other dealings between us
concerning the Software. b). Integrated Search Technologies reserves the right
to modify this license agreement at anytime without notification. You agree that
your continued use of the Software and/or Service following any changes to this
agreement and after the changes take effect will constitute your acceptance of
such changes. c). This license agreement is governed by the laws of the province
of Quebec, Canada. The United Nations Convention on Contracts for the Sale of
Goods does not apply to this Agreement. d). You agree that the Software will not
be shipped, transferred or exported into any country or used in any manner prohibited
by Canadian Export laws or any other export laws, restrictions or regulations.
e) If any provisions of this Agreement shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from these
terms and conditions and shall not affect the validity and enforceability of any
remaining provisions. f). Integrated Search Technologies’ failure to enforce
the strict performance of any provision of this Agreement will not constitute
a waiver of Integrated Search Technologies’ right to subsequently enforce
such provisions or any other provisions of this Agreement. No waiver of any provision
of this Agreement shall be effective unless in writing. g). Any rights not expressly
granted herein are reserved.
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