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pre-install License Agreement

a guest Jun 8th, 2012 30 Never
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  1. PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY.
  2.  
  3. ONCE INSTALLED, THE "Blekko Search Bar(tm)" SOFTWARE PLUGIN (the "Toolbar") WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE THE MICROSOFT INTERNET EXPLORER AND/OR MOZILLA FIREFOX BROWSER PROGRAMS.  BEFORE YOU CAN USE THE TOOLBAR HOWEVER, YOU MUST ACCEPT THE FOLLOWING AGREEMENT (the "Agreement").
  4. If you agree to the following Agreement between you (the user) and Visicom Media Inc ("LICENSOR"), you will be granted the following limited rights to install and use the Toolbar:
  5. 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;
  6. B. You may not otherwise reproduce, distribute, transmit, print or transfer information related to Toolbar.
  7.  
  8. PRIVACY NOTICE:
  9. BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS NSTALLATION, THE TOOLBAR WILL MODIFY THE SETTINGS OF YOUR BROWSER CONCERNING "DNS ERROR PAGE", "ERROR 404 PAGE", "ADDRESS BAR SEARCH", "NEW TAB" AND "DEFAULT BROWSER SEARCH".  FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO "LICENSOR VIA ("APPLICATIONSTAT.COM") TO HELP LICENSOR 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.
  10.  
  11. UNINSTALL:
  12. You may uninstall this program at any time and with no limitations, either by using the uninstaller provided with the software, or by using the standard uninstall procedures offered with your computer"s operating system or internet browser.  To uninstall the toolbar directly from the toolbar, click on the settings button (displayed as a wrench icon) on the right side of the toolbar and select "Uninstall".  Follow the procedure to complete the un-installation.  To uninstall the toolbar using your computer's operating system, open your computer's control panel, and select "Programs and Features" or "Add or Remove Programs" depending on your operating system.  Find [TOOLBAR_NAME] in the list of installed programs, and click on it to begin the un-installation process.
  13.  
  14. Personal Identifiable Information (PII):
  15. The Toolbar does collect the user"s IP address.  The purpose of collecting this data is to enable proper geographic localization.  For instance, the weather feature present on the Toolbar uses this IP address to generate the current weather based on the user's current location.  While the IP address is stored for backup purposes, LICENSOR does not use this information for any other purpose.  Other than the IP address, no other personal identifiable information is being collected.
  16.  
  17. EVEN IF YOU ACCEPT THIS AGREEMENT, IT IS STRICTLY PROHIBITED TO:
  18. A. Modify the Toolbar in part or in its entirety;
  19. B. Decompile or reverse engineer the Toolbar.
  20.  
  21. 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 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.
  22.  
  23. EXCLUSION OF WARRANTY:
  24. 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 AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE TOOLBAR IS BORNE BY THE USER.  LICENSOR MAY, AT ANY TIME, TERMINATE THIS AGREEMENT BY NOTIFYING THE USER OF THE TOOLBAR.
  25.  
  26. LIMITATION OF LIABILITY:
  27. 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 OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS INCURRED BY THE USER AND ARISING OUT OF THE USE OR INABILITY TO USE THE TOOLBAR, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  28.  
  29. PROPERTY:
  30. "[TOOLBAR_NAME]" is a trademark of LICENSOR and is protected by international laws on trademarks and intellectual property.  Use of the products' names is strictly forbidden unless it's used with the express written permission of LICENSOR.  This Toolbar, including its code, documentation, appearance, structure, and organization is an exclusive product of LICENSOR, which retains all intellectual property rights concerning the Toolbar, its copies, modifications, or merged parts, including any copyrights and invention rights.
  31.  
  32. GOVERNING LAW AND FORUM:
  33. This Agreement will be governed and interpreted according to the laws applicable within the State of New York and U.S. federal laws (excluding the application of its conflicts of law rules).  Any judicial proceedings relating to this Agreement must be presented in the Judicial District the Federal District Court of the Southern District of New York located in
  34.  
  35. (document ends, prematurely, at the words "located in")
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