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End-User License Agreement
Minggl requires that you accept the following End-User License Agreement before installation can proceed:
Welcome to Minggl! Minggl is a tool that allows you to effortlessly participate as you choose in multiple social networking sites. The Minggl software ("Minggl") is a downloadable toolbar that works with your internet browser to provide you with easy access to information, as well as to provide access to features enabled by Minggl. Any references in this agreement to "licensor", "we", "our", or "us" shall refer to Minggl and its successors and assignees. Before you start playing with Minggl, we ask that you do your homework: Please read, understand, and fully consent to this end-user license agreement (EULA). If you typically don't read these agreements—and you wouldn't be alone—you're missing an easy opportunity to control how you are governed online. So, get active and read this. Your download, installation and use of Minggl is governed by this EULA.
Please read this EULA carefully and make sure that you fully understand it. You are permitted to download, install and use Minggl, only if you agree to comply with this EULA and you so indicate by clicking the “I have read and agree to the End User License Agreement (EULA)? checkbox on the registration page.
You may download, install and use Minggl after you have read this EULA, and agree to abide by this EULA. Minggl is made available to you for your non-commercial use, except where a commercial use falls within the normal and intended use of Minggl, as described here, and in the Minggl online help site (www-2.minggl.com/Help.html).
You are granted a non-exclusive, limited license, to download, install and use the most recent version of Minggl subject to the provisions set forth in this EULA. Minggl will be updated periodically, and this EULA will also apply to all future updated versions of Minggl. If you have Minggl installed on your computer, and we decide to make updates available to you, at your preference, we may automatically download the updates onto your computer. If you decline to accept such improvements, and they are required for the efficient or ongoing operation of our system, then your toolbar may cease to function and you accept this circumstance. We may determine periodically, at our discretion, that in order to provide you with new updates to Minggl, you will need to review and accept this (or an amended) EULA again, before you are permitted to download and install any such updates.
Minggl works in conjunction with your browser and with various "supported" social networking websites. Minggl may modify or enhance the functionality of your browser, these sites or other software. By downloading, installing or using Minggl, you consent to such modifications and enhancements.
Generally, all we ask is that you be nice to your fellow network socialites, and that you don't abuse Minggl. Your use of Minggl is subject to the following restrictions:
* You agree not to (1) modify, reverse engineer, decompile, or disassemble Minggl, or otherwise attempt to derive the source code; (2) tamper or interfere with the functionality, delivery or operation of Minggl; (3) copy, sell, rent, transfer, or distribute Minggl to any third party; (4) modify, or otherwise create derivative works of Minggl; or (5) remove any proprietary notices on Minggl.
* You agree not to use Minggl, cause Minggl to be used, or use Minggl data or services to discover personal or online identities of any Minggl user for the purpose of ostracizing or otherwise taking action against the user, for harming the user, or for limiting the user in any manner of which the user would reasonably be expected to disapprove. You agree not to reverse engineer or manipulate Minggl software, data, or services to identify members of any online communities for the purpose of taking action against that individual. You agree not to reverse engineer or manipulate Minggl software, data, or services to identify members of any online communities for the purpose of ostracizing or adversely effecting that individual.
* You agree not to use Minggl for any purpose other than its intended purpose, as defined in the Minggl online help system (www-2.minggl.com/Help.html). You agree not to make calls to, or communicate in any way with Minggl servers, except in conjunction with the normal, intended use of Minggl. You agree not to use Minggl or any related Minggl services in an automated manner through scripts, web bots, metaspiders, crawlers or any other automated means. You agree to use Minggl to add content to your legitimate social network profile(s) for which you properly and legally posess the login credentials.
* You acknowledge that your use of Minggl does not remove your obligation to comply with terms and conditions that you may have agreed to with third parties. In no event will we be responsible for any damages resulting from your failure to comply with agreements you have with any third parties.
Your license to use Minggl will terminate automatically if you fail to comply with the terms and requirements of this document.
Title, ownership rights and intellectual property rights in and to Minggl shall remain completely with Licensor. You hereby agree and acknowledge that we own all right, title and interest in and to Minggl, and in and to any intellectual property (including without limitation, copyrights, patents, trademarks, and any other proprietary rights) related to Minggl. If you send us or otherwise share with us any ideas, comments, or suggestions regarding Minggl, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, approval or consent.
Disclaimer of Warranties
MiNGGL IS PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MiNGGL IS BORNE BY YOU. SHOULD MiNGGL PROVE DEFECTIVE, YOU AND NOT LICENSOR ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR.
IN NO EVENT WILL WE BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, INSTALLATION, OR USE OF MiNGGL.
This EULA will be governed by and construed in accordance with the laws of the State of Texas and, to the extent applicable, United States federal laws. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal or state court in Travis County, Texas. You hereby expressly waive your right to a jury trial and all venue, jurisdiction and choice of law challenges or defenses.
If a court finds any provision or portion of this EULA to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this EULA will continue in full force and effect.
This EULA, together with any non-conflicting portions of the General Terms and Conditions, referenced above, collectively constitute the entire agreement between you and us with respect to Minggl, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding Minggl.
Any changes to this EULA will be published here . Your use of Minggl will always be governed by the EULA in effect at the time of use. Thank you for reading this. Now, it's time to play. Let's Minggl.
MiNGGL EULA April 12, 2007
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