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End-User License Agreement
BetterSearch requires that you accept the following End-User License Agreement before installation can proceed:
1. Subject matter of the terms
The Firefox add-on BetterSearch is a software program for expanding the search function of the search engines Google, Bing and Yahoo. This program is provided to install and use for free by ABAKUS Internet Marketing GmbH, Blumenauer Str. 1, D-30449 Hanover, Germany (hereinafter: ABAKUS). The range of the software’s functionality is subject to such product description as is in effect from time to time, which can be viewed at www.mybettersearch.com. The use of this software is subject to the following General Terms and Conditions (GTC).
2. Using BetterSearch
2.1 The user is granted a non-exclusive right to use the functions associated with BetterSearch free of charge in accordance with this agreement. Every user of BetterSearch shall be solely responsible for his activities.
2.2 ABAKUS is not obligated to provide the free service and reserves the right to terminate this service at any time without notice.
2.3 Re-selling of this software is prohibited.
2.4 The user shall not modify the software, provide access to the source code of the software or create derivative products developed from the software. User activities designed to render BetterSearch non-operational or to impair its use are prohibited and may result in civil and criminal prosecution.
2.5 The user shall save ABAKUS harmless from any claims of a third party that may arise from his unlawful use of BetterSearch or use by others that he has approved or that, in particular, result from data protection, copyright or other legal disputes associated with the use of BetterSearch. If the customer learns of a risk of such violation, he shall inform ABAKUS thereof immediately.
2.6 ABAKUS does not provide any statements on whether the use of BetterSearch is permissible outside of the Federal Republic of Germany. Any such use occurs at the user’s own initiative and risk. The user shall be solely responsible for ensuring compliance with local laws.
3. Quality assurance
ABAKUS subjects its products to continuous quality checks and continues to develop its products further on an ongoing basis. At irregular intervals software updates will be offered that the user can download free of charge from www.mybettersearch.com.
Since the software is provided free of charge, ABAKUS supplies the software “as is”. ABAKUS does not guarantee its availability and usability with respect to the user’s purpose or objective, nor does it guarantee the accuracy, completeness and legality of the contents displayed or linked. ABAKUS distances itself in express terms from any unlawful content on linked pages.
Liability of ABAKUS and its legal agents, employees or vicarious agents for damage in connection with the use of BetterSearch shall be excluded, regardless of the legal basis.
Such limitation of liability does not apply where damage is caused by wilful intent or gross negligence. Furthermore, it shall not apply in cases of injury to life, limb or body. If ABAKUS is in breach of an obligation without the fulfilment of which the proper execution of the agreement would not be possible and on the fulfilment of which the customer may rely (a cardinal contractual obligation), any compensation shall be limited to the foreseeable, typical damage that may be caused. Liability on the basis of guarantees and under the provisions of the Product Liability Act shall also remain intact.
5. Data protection and privacy
ABAKUS takes the protection of personal data very seriously. Details on data protection and privacy issues can be found in the separate Data Protection and Privacy Statement. (Link)
6. Final provisions
6.1 ABAKUS draws the customer’s attention to the fact that ABAKUS employees are not authorised to enter into verbal agreements. Verbal agreements shall always require a written confirmation to enter into effect.
6.2 This agreement shall be subject exclusively to German law. The place of jurisdiction is Hanover, Germany.
6.3 Should any provision of this agreement be, in full or in part, invalid, ineffective or unenforceable, or subsequently cease to be effective in law, the validity of the remaining provisions shall in no way be affected.
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