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OcuNewsToolbar Toolbar End User Software License Agreement

Thank you for trying out the OcuNewsToolbar Toolbar! Your satisfaction is important to us and we only hope to include you as one of our thousands of approving users.

This end user license agreement (the "Terms & Conditions") is a legal agreement between you (referred to hereinafter as "you", "your," or "user") and OcuNewsToolbar.com, including all of its subsidiary and affiliated entities (referred to hereinafter as "OcuNewsToolbar.com", "we", "us", or "our").

Use of the OcuNewsToolbar.com software features and services, as described below (collectively, the "OcuNewsToolbar Software"), requires that you agree to the following Terms & Conditions. You agree to be legally bound by these Terms & Conditions by clicking on the "Agree & Continue" button provided.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE OcuNewsToolbar SOFTWARE.

OcuNewsToolbar SOFTWARE FEATURES AND SERVICES

The OcuNewsToolbar Software comprises a customizable browser toolbar which provides the following features and functionality:

1. Latest news headlines.
2. Wordwide weather conditions & forecasts.
3. Quick access to the online dictionary and thesaurus.
4. Easy access to OcuNewsToolbar.com search results from the toolbar textbox.
5. OcuNewsToolbar.com - powered default search settings, including search results delivered in response to queries conducted through the Internet Explorer search box.

No personal information is required to use the Software and OcuNewsToolbar.com does not bundle third party software. Upon download, OcuNewsToolbar.com does offer to set your homepage to www.OcuNewsToolbar.com, for which you may choose to opt out of during the installation process. Further, OcuNewsToolbar.com is additionally bound by the OcuNewsToolbar.com Privacy Policy.

PERMITTED USES

OcuNewsToolbar.com grants to you a nonexclusive license to download this copyrighted OcuNewsToolbar Software for your personal and non-commercial use. OcuNewsToolbar.com may, at any time, change, update, modify and/or terminate any part of the OcuNewsToolbar Software or your use of it.

You may not copy, modify, display, license, distribute, transmit, re-post, or download any part of the OcuNewsToolbar Software for commercial use without OcuNewsToolbar.com's written consent. As a condition of its use, you promise not to use OcuNewsToolbar Software for any purpose that is unlawful or prohibited by these Terms & Conditions. Furthermore, you may not use the OcuNewsToolbar Software in any manner that could damage, disable, overburden, or impair OcuNewsToolbar.com's search services (e.g., you may not use the OcuNewsToolbar.com Toolbar or OcuNewsToolbar Software in an automated manner), nor may you use the OcuNewsToolbar Software in any manner that could interfere with any other party's use and enjoyment of OcuNewsToolbar.com's search services.

UPGRADES

OcuNewsToolbar.com may access your computer to perform maintenance on the OcuNewsToolbar Software and to install updates without notice. These updates are also governed by this agreement. Thus, in the course of using the OcuNewsToolbar Software, you may see features added or removed as well as minor behavior and performance changes and improvements. Should any of these changes and improvements require updates to these Terms & Conditions or to our Privacy Policy, the user will be notified and such notice may be delivered in conjunction with messaging that details the nature of the change(s).

INTELLECTUAL PROPERTY

You acknowledge that OcuNewsToolbar.com and/or third party affiliates own all rights, title and interest in and to the OcuNewsToolbar Software, portions thereof, or services provided through or in conjunction with the OcuNewsToolbar Software, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the OcuNewsToolbar Software. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the OcuNewsToolbar Software.

DISCLAIMER OF WARRANTIES

OcuNewsToolbar.COM DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE OcuNewsToolbar SOFTWARE.

THE OcuNewsToolbar SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. OcuNewsToolbar.COM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OcuNewsToolbar.COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE OcuNewsToolbar SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE OcuNewsToolbar SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE OcuNewsToolbar SOFTWARE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. OcuNewsToolbar.COM HEREBY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU UNDERSTAND THAT BY RUNNING CERTAIN TYPES OF SOFTWARE, SPECIFICALLY INCLUDING THOSE THAT QUARANTINE, DELETE OR UNINSTALL OTHER SOFTWARE APPLICATIONS, YOU MAY INTERFERE WITH THE FUNCTIONALITY OF THE OcuNewsToolbar SOFTWARE. FURTHER, YOU UNDERSTAND THAT SUCH INTERFERENCE CAN LEAD TO DIFFICULTIES WITH THE OcuNewsToolbar.COM UNINSTALLERS AND THAT THE OcuNewsToolbar SOFTWARE SHOULD ALWAYS BE UNINSTALLED THROUGH STANDARD MEANS AT THE ADD/REMOVE RATHER THAN THROUGH THIRD PARTY SOFTWARE.

See privacy policy for details on how to remove.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OcuNewsToolbar.COM, OR ANY THIRD PARTY WHO MAKES ITS SERVICES AVAILABLE THROUGH THE OcuNewsToolbar SOFTWARE, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE OcuNewsToolbar SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OcuNewsToolbar.COM AND/OR A THIRD PARTY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE OcuNewsToolbar SOFTWARE, FROM INABILITY TO USE THE OcuNewsToolbar SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE OcuNewsToolbar SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

MISCELLANEOUS PROVISIONS

1. These Terms & Conditions will be governed by and construed in accordance with the laws of Singapore without reference to conflict of law principles.

2. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect.

3. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by OcuNewsToolbar.com and/or a third party who makes its software available in conjunction with or through the OcuNewsToolbar Software.

4. We may immediately terminate these Terms of Use with respect to you (including your access and use of our software, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of our software.

5. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.

6. These Terms of Use along with any other notices, policies, procedures, agreements, and terms and conditions on our Site contain the entire understanding with respect to your use of our software and our relationship with you, and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.

7. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO OUR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.