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.
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, ITS 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 Internet Optimizer license agreement,
http://www.internet-optimizer.com/legal/EULA/
For ContextPlus license agreemement,
http://www.contextplus.com/license.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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