Toolbar End User License Agreement (EULA)

If you agree to the following Agreement between you (the user) and Spider Mind (“LICENSOR”), you will be granted the following limited rights to install and use the Toolbar:

A. You may use the Toolbar for personal use, on a single computer per legitimate copy which you download from LICENSOR. If you wish to use the Toolbar for commercial use or if you wish to redistribute the Toolbar to others, you will require the prior express written authorization of LICENSOR;

B. You may not otherwise reproduce, distribute, transmit, print or transfer information related to Toolbar.

EVEN IF YOU ACCEPT THIS AGREEMENT, IT IS STRICTLY PROHIBITED TO:

A. Modify the Toolbar in part or in its entirety;

B. Decompile or reverse engineer the Toolbar.

SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO USE THE TOOLBAR WILL BE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH LICENSOR OR THIRD PARTY LICENSORS MAY SEEK. THE USER MAY CANCEL HIS LICENSE TO USE THE TOOLBAR BY UNINSTALLING AND DESTROYING OR ERASING ALL COPIES OF THE TOOLBAR UNDER HIS CONTROL.


INTELLECTUAL PROPERTY:

There are software programs contained within the Toolbar that have been licensed to LICENSOR by third parties, including Spider Mind. (“Spider Mind”). The term "Toolbar" as used herein shall refer to such third party software except where the term Toolbar refers expressly to the ownership or other specific rights of LICENSOR. The same terms and conditions, including all limitations, exclusions of warranties and restrictions set forth in this license Agreement apply to each third party software program contained in the Toolbar, including all programs licensed by Spider Mind.

This Toolbar, including its code, documentation, appearance, structure, and organization is an exclusive product of LICENSOR and/or Spider Mind, which retain all intellectual property rights concerning the Toolbar, its copies, modifications, or merged parts, including any copyrights and invention rights.


EXCLUSION OF WARRANTIES:

THE TOOLBAR IS PROVIDED UNDER LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE TOOLBAR IS BORNE BY THE USER. LICENSOR MAY, AT ANY TIME FOR ANY REASON OR NO REASON, TERMINATE THIS AGREEMENT BY NOTIFYING THE USER OF THE TOOLBAR.


LIMITATION OF LIABILITY:

IN NO EVENT SHALL LICENSOR, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TOOLBAR BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS INCURRED BY YOU AND ARISING OUT OF THE USE OR INABILITY TO USE THE TOOLBAR, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. LICENSOR SHALL HAVE NO LIABILITY WHATSOEVER CONCERNING Spider Mind’s USE OF ANY INFORMATION CONCERNING USERS OF THE TOOLBAR.

INDEMNITY:

You agree to defend, indemnify, and hold harmless LICENSOR and Spider Mind against all any and all claims, losses, liabilities, damages, costs and expenses, including, but not limited to, attorney`s fees, which LICENSOR or Spider Mind may incur as a result of or in connection with your breach of this Agreement or your use of the Toolbar.


GOVERNING LAW AND FORUM:

This Agreement will be governed and interpreted according to the laws applicable within the State of Arizona, without regarding to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. Any action or other judicial proceeding relating to this Agreement may only be instituted in the federal or state courts located in the State of Arizona, Maricopa County, to the exclusion of any other courts or jurisdiction. The parties irrevocably and unconditionally submit to the jurisdiction of such courts in any such action and agree that all claims in respect of such action shall be heard and determined in such courts. You irrevocably and unconditionally waive any objection you may now or later have as to the venue of any such action brought in such a court or that such a court is an inconvenient forum.


LICENSOR DISCLOSURE:

BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR WILL MODIFY THE SETTINGS OF YOUR BROWSER CONCERNING “DNS ERROR” AND “ERROR 404” PAGES.


PRIVACY NOTICE:

BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, ONCE INSTALLED, THE TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO Spider Mind TO HELP Spider Mind COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR BY USERS (FOR EXAMPLE CONCERNING THE NUMBER OF INSTALLATIONS AND UNIQUE USERS, THE NUMBER OF CLICKS WHICH THE TOOLBAR RECEIVES, THE NUMBER OF SEARCHES PERFORMED BY USERS, ETC.). SUCH STATISTICAL INFORMATION WILL NOT INCLUDE ANY PERSONALLY IDENTIFIABLE INFORMATION REGARDING USERS.