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Winzy Toolbar for Mozilla Firefox

Software License Agreement
Please read the following agreement. Scroll down to see the entire agreement.
Last updated: December 15, 2006

Thank you for trying out Winzy Toolbar software. By using this software, you agree to these software license terms (the “Software License”) that supplement the Winzy Terms of Service (“TOS”) located at http://help.winzy.loc/docs/tos.html.

Your registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://help.winzy.loc/docs/privacy.html.

Winzy reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can always find the most recent version of this Software License at http://help.winzy.loc/docs/sla.html. Winzy may change this Software License by posting a new version without notice to you. Use of the Winzy Software after such change constitutes acceptance of such changes.

WINZY TOOLBAR FEATURES AND SERVICES
THE WINZY TOOLBAR SOFTWARE PROVIDES YOU WITH (1) ONE-CLICK ACCESS TO THE ASSORTMENT OF TOOLS, SERVICES AND WIDGETS OF WINZY, (2) EASY ACCESS TO WINZY SEARCH RESULTS, (3) RELEVANT RELATED LINKS AND SEARCH RESULTS DELIVERED IN RESPONSE TO RELEVANT USER ACTIONS INCLUDING SEARCHES CONDUCTED THROUGH THE BROWSER ADDRESS BAR, AND MISSPELLED OR INCORRECTLY FORMATTED BROWSER ADDRESS REQUESTS. THESE SEARCH FEATURES ARE ACTIVATED BY THE SOFTWARE MODIFYING DEFAULT WEB BROWSER SETTINGS.

No personal information is required to use the Winzy Toolbar and Winzy has no Spyware or Adware bundled with it.

1. Licensed Uses and Restrictions.

By accepting the terms of this Agreement, you represent to Winzy LLC and its affiliates (collectively, “Winzy”) that you are at least 18 years old. The Winzy Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the “Winzy Software”) are owned by Winzy, or Winzy's licensors and content and data providers (“Winzy Licensors”) and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Winzy Software, all updates, revisions, substitutions, and any copies of the Winzy Software made by or for you. All rights not expressly granted to you are reserved by Winzy or their respective owners.

a. YOU MAY install and personally use the Winzy Software and any updates provided by Winzy (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Winzy Software for your own noncommercial use or benefit. Your license to the Winzy Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the Winzy Software and by destroying all your copies of the applicable Winzy Software. This Software License terminates automatically if you violate any term of this Software License, Winzy publicly posts a written notice of termination on Winzy's web site, or Winzy sends a written notice of termination to you directly.

b. YOU MAY NOT:

(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Winzy Software or any portion thereof.

(ii) incorporate the Winzy Software into any computer chip or the firmware of a computing device manufactured by or for you.

(iii) use the Winzy Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.

(iv) use, or export the Winzy Software in violation of applicable U.S. laws or regulations;

(v) sell, lease, loan, distribute, transfer or sublicense the Winzy Software or access thereto or derive income from the use or provision of the Winzy Software, whether for direct commercial or monetary gain or otherwise, without Winzy's prior, express, written permission;

c. If you have comments on Winzy Software or ideas on how to improve upon it, please contact us. Please note that by doing so, you also grant Winzy and third parties permission to use and incorporate your ideas or comments into Winzy Software (or third party software) without further compensation.

2. Ownership and Relationship of Parties.

The Winzy Software is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. Winzy and Winzy's Licensors own all rights, title, and interest in and to their applicable contributions to the Winzy Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Winzy, including (but not limited to) the Winzy Software and Winzy trademarks, and creates no relationship between yourself and Winzy's Licensors, or between you and Winzy other than that of Winzy to licensee.

The Winzy Software, and its components contain software licensed from Winzy Licensors (“Licensor Software”). The Licensor Software enables the Winzy Software to perform certain functions, including without limitation, access proprietary data on third party data servers. You agree that you will use the Winzy Software, and any data accessed through the Winzy Software for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Winzy Software, or any data obtained through the Winzy Software to any third party. Your license to use the Winzy Software, its components, and any third party data will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Winzy Software, its components, and any third party data. All rights in any third party data, any third party software, and any third party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.

3. Support and Software Updates.

Winzy may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Winzy Software (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. Winzy may change, suspend or discontinue any aspect of the Winzy Software at any time, including the availability of any Winzy Software feature, database, or content. Winzy may also impose limits on certain features and services or restrict your access to parts or all of the Winzy Software or the Winzy web site without notice or liability.

4. Disclaimer of Warranties by Winzy.

USE OF THE WINZY SOFTWARE AND ANY DATA ACCESSED THROUGH THE WINZY SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED “AS IS”.

WINZY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, “WINZY ENTITIES”) AND WINZY LICENSORS DO NOT REPRESENT THAT THE WINZY SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.

THE WINZY ENTITIES AND WINZY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WINZY SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE WINZY SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IF THE WINZY SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE WINZY ENTITIES OR THE WINZY LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE WINZY ENTITIES OR WINZY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability.

THE WINZY ENTITIES AND WINZY LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WINZY SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.

THE WINZY ENTITIES AND WINZY LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE WINZY SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE WINZY SOFTWARE OR ANY DATA PROVIDED THROUGH THE WINZY SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.

INFORMATION PROVIDED THROUGH THE WINZY SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE WINZY ENTITIES AND WINZY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. WINZY MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WINZY SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE WINZY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.

6. Indemnification.

You agree to indemnify and hold the Winzy Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Winzy Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.

7. Government End Users.

If the Winzy Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Winzy Software is deemed to be “commercial software” as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for “restricted computer software”. All other terms and conditions of this Software License apply.

8. Controlling Law.

This Software License and the relationship between you and Winzy is governed by the laws of the State of California without regard to its conflict of law provisions. You and Winzy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The United Nations Convention on the International Sale of Goods does not apply to this Software License.

9. No General Waiver; Severability.

The failure of Winzy to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.

10. Complete Agreement.

This Software License and the TOS constitute the entire understanding between the parties respecting use of the Winzy Software, superseding all prior agreements between you and Winzy. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software License and the TOS, this Software License will control to the extent of such conflict.

11. Surviving Provisions.

Sections 2, and 11, will survive any termination of this Agreement.
By clicking “I Agree,” you agree to the Software License, Winzy Terms of Service and Privacy Policy above.
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