The Official BlogTV Toolbar 1.1.0
End-User License Agreement
The Official BlogTV Toolbar requires that you accept the following End-User License Agreement before installation can proceed:
Thank you for downloading our toolbar.
PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT: By downloading, installing and/or using the software product (the “Software”), you hereby consent and accept the terms of this End-User License Agreement ("EULA"). If you do not agree with the terms of this EULA, please exit the installation process and do not install copy or use the Software. If you use the Software on behalf of a company or other legal entity, then by clicking the "I Accept" button you represent and warrant that you have full power and authority to bind that entity and to accept this EULA on its behalf. The term "you" in this Agreement refers to you, an individual, and/or to the entity on whose behalf you authorized this EULA.
1. Definitions "Publisher" means any person (either natural or legal) that Licensor creates a Toolbar, at that person's request. “Third-Party Content” means any information, components or other types of content provided by third parties and available for your use in connection with the Toolbar. "Toolbar" means a graphical user interface (“GUI”) that a Publisher distributes, which is made to be embedded in a web browser and includes a series of selectable graphic click buttons that give end users a way to easily access and activate certain online and off-line features and functions.
2. License Subject to the terms and conditions of this EULA, Licensor grants you a royalty-free, non-exclusive, non-transferable, revocable license, without right to sub-license, to install and use the Software to create, use and distribute your own personalized Toolbar.
3. Ownership of Rights All rights evidenced by, embodied in, and/or attached/connected/related to the Software, including, but not limited to, copyrights, patents, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, is and will continue to be the sole and exclusive property of Licensor or third parties who licensed their rights to the licensor, as the case may be. The license to the Software hereunder does not grant you any right to use the trademarks, service marks or logos of owners of rights in the Software. This EULA does not convey to you any ownership interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this EULA. Nothing in this EULA constitutes a waiver of Licensor's intellectual property rights under any law. Use of the Software in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. All rights in the Third-Party Content that were added by the Publisher and/or you to the Software using the features available in the Software may belong to the Publisher or to other third-parties as the case may be. It is your responsibility to make sure that you comply with all such rights.
4. Restrictions This license permits you, subject to the terms herein, to install and use the Software for your internal use only. You may only copy the Software, provided that all copyright and other notices are reproduced and included on the copy. You may not: (i) modify, merge or sub-license the Software except as expressly authorized in this EULA, (ii) disassemble, unbundle, decompile, reverse engineer, revise or enhance the Software or attempt to discover the Software’s source code, (iii) modify, lend, loan, distribute or create derivative works based on the Software, (iv) remove or temper with any trademark, logo, copyright or other intellectual property notice in or on the Software, (v) distribute, market, sublicense, resell or transfer the Software in any way, or (vi) otherwise use the Software not in compliance with the scope of this license. The Software is provided in object code only.
5. Upgrades Licensor may provide you, free of charge, with automatic upgrades, updates and enhancements, as may be available from time to time, and at Licensor sole discretion. This EULA will also govern any Software upgrades, updates and enhancements available by Licensor, unless such upgrades, updates and enhancements are subject to the provisions of another specific license, in which case the terms of such specific license will prevail.
6. Representations and Warranties You understand and agree that Licensor may modify the Software or its components at any time, and any third party that provides Third-Party Content contained in the Software may modify such Third-Party Content. You agree that during installation of the Software or upgrades, you may be asked to apply changes to your Internet Browser settings. You can approve such changes and can make further changes at any time
7. Commercial Contents By downloading and installing the Software, you agree that Licensor may display advertisements and other commercial content ("Commercial Content"). The Commercial Content may include text, images and sounds. The Commercial Content is made available by or on behalf of advertisers who seek to offer goods or services for sale. The display of the Commercial Contents does not constitute a recommendation by Licensor to purchase or use the services or goods offered for sale. Licensor does not endorse, verify or authorize the Commercial Content and bears no responsibility for such content.
Licensor is not a party to any transaction made in lieu of Commercial Content and bears no responsibility for the goods and services offered in or purchased based on Commercial Content.
8. Uninstall At all times, you may uninstall the Software. To initiate the uninstall process you may use the relevant uninstall file of the Software, or your operating system's standard uninstall process. Please note that after uninstalling the Software, the default homepage and search services provider may still be set to a URL under toolbarhome.com, until you manually change the settings.
9. Term This EULA will enter into effect upon the initiation of installation of the Software, and will remain in full force and effect perpetually, unless terminated earlier pursuant to the provisions herein. At anytime you may terminate this EULA and the limited license granted to you herein by permanently deleting all copies of the Software in your possession. Licensor may terminate This EULA and the license granted pursuant thereto if you breach any of the provisions of this EULA. Upon termination of this EULA, the license granted herein will immediately expire. . The “Ownership of Rights”, “Disclaimer of Warranty”, “Limitation of Liability”, “Privacy and Legal Rights” and “Miscellaneous” provisions will survive the termination of this EULA for any reason whatsoever.
10. Disclaimer of Warranty THE SERVICE IS PROVIDED FOR USE AS IS. LICENSOR DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
11. Limitation of Liability IN NO EVENT WILL LICENSOR AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONSULTANTS PARENT COMPANY, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES, DISTRIBUTES, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, “LICENSOR'S GROUP”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, WORK STOPPAGE, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. THEREFORE, YOU UNDERSTAND AND AGREE THAT LICENSOR'S GROUP WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THE USE OF THE SOFTWARE BY YOU, OR BY ANY PERSON ON YOUR BEHALF AND ANY PERSON THAT USES THE TOOLBAR. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR MELFUNCTIONS OF THE SOFTWARE IS TO UNINSTALL AND STOP USING OF THE SOFTWARE.
13. Miscellaneous (i) This EULA constitutes the entire agreement between Licensor and you concerning the subject matter hereof and supersedes and replaces any other agreement, in writing or otherwise, concerning the subject matter hereof; (ii) This EULA may only be modified by a written document executed by an authorized signatory of Licensor; (iii) You may not assign your rights under this EULA to any third party without Licensor's prior written consent; (iv) If for any reason a court of competent jurisdiction rules that any of the provisions of this EULA is unenforceable, then that provision of this EULA will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA will continue in full force and effect; (v) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; and (vi) This EULA will be governed by and interpreted under the laws of the State of New York, without regard to conflicts of provisions. All actions relating to this EULA and the Software will be brought in the competent court in the State of New York. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Licensor may change the EULA from time to time without the need to inform you in person. Substantial changes to the EULA will be posted at: http://www.toolbarhome.com/eula.aspx and will take effect 30 days following the notice of change was posted. Other changes will take effect immediately, or as required under the applicable law. Your continued use of the Software following any change and/or update made in respect of this EULA, constitutes acceptance of the amended EULA. This Software is owned and offered by iMedix Inc., a company incorporated and existing under the laws of the State of Delaware (herein above: the "Licensor"). YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS EULA, AGREE TO BE BOUND BY ITS TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “I AGREE” BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THIS EULA