End User License Agreement
Updated 08/06/2008
Welcome!
By downloading, installing or using the Duhiki Toolbar (“Software”) or any portion thereof, you agree to the terms and conditions of this End User License Agreement (EULA).
This EULA represents an agreement between you and Market Precision Inc (“Market Precision”). Please read carefully and accept the terms and conditions of this license agreement (“Terms”) before installing the software. By clicking the “I Agree” button (or any similar button which indicates your consent to these terms), you agree to be bound by these terms. You will not be able to install the software until you have accepted these terms. If you do not agree with these terms, please exit the installation process and the installation process will be terminated. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
These terms constitute the complete and exclusive agreement between you, or the company on whose behalf you are installing the software (“You”) and Market Precision, which supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of these terms.
1. LICENSE
Market Precision hereby grants You a limited personal, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software solely for internal, non-commercial purposes in order to enhance Your Internet surfing experience with access to web applications, or widgets, and web search within a Toolbar at the top of Your browser window.
2. OWNERSHIP
All rights to and in the Software (including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right, shall belong to Market Precision and/or their respective owners.
3. LICENSE RESTRICTIONS
You shall not modify the Software. You may only copy the Software, provided that all copyright and other notices are reproduced and included on the copy.
You may not (1) decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of the Software to a human-perceivable form, (2) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part, and (3) commercially distribute, market, sublicense, resell or otherwise transfer the Software. You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms. The Software is delivered in object code only.
Either Market Precision, or a third party that provides components contained in the Software, may modify the functionality of the Software at any time.
You acknowledge that during installation, the Software may change the default search engine in Your browser's search box, if such a search box exists in Your browser. Such changes are approved by You in advance and can be reconfigured from your toolbar options menu.
4. TERM
These Terms shall continue in effect perpetually, unless terminated earlier pursuant to the provisions herein. You may terminate these Terms at any time by permanently deleting from Your systems and/or destroying all copies of Software in Your possession. Market Precision may terminate these Terms and the license granted pursuant thereto if You breach any of the Terms. Upon termination of these Terms for any reason, You shall permanently delete and/or destroy all copies of the Software. All provisions of these Terms relating to "OWNERSHIP", "LIMITATION OF LIABILITY AND WARRANTY", "PRIVACY AND LEGAL RIGHTS" and "GENERAL" shall survive the termination of these Terms.
5. DISCLAIMER OF WARRANTY
THE COMPANY'S SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE SOFTWARE IS PROVIDED “AS IS”, AND WE DO NOT WARRANT THAT THE COMPANY'S SOFTWARE WILL MEET YOUR REQUIREMENTS WHETHER OR NOT WE HAVE BEEN APPRISED OF THEM, THAT YOUR ACCESS OR OPERATION OF THE COMPANY'S SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE COMPANY'S SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY'S SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY'S SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE COMPANY'S SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER(S) ON WHICH THE COMPANY'S SOFTWARE IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
6. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY´S SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY'S SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL THE COMPANY'S SOFTWARE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT OF $10.00 US DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold the Company and its affiliates and officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with your use of the Software or any claim arising out of this agreement.
8. PRIVACY AND LEGAL RIGHTS
The Company's Privacy Policy is incorporated by reference into this agreement. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. Please review our Privacy Policy at http://www.duhiki.com/privacypolicy.html before installing the Company's Software.
By installing the Company's Software, you signify your agreement to the terms of the Privacy Policy. If you do not agree to the Privacy Policy, please do not install the Company's Software. The Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Privacy Policy at any time. Please check these terms periodically for changes. Your continued use of the Company's Software following the posting of changes to the Privacy Policy will mean you accept those changes
9. GENERAL
These terms shall be governed by and construed in accordance with the laws of the
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY ITS TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET
BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.