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Click4 Toolbar Terms of Use
Last Updated: May 2005
Last Updated: May 2005
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Thanks for using the Click4 Toolbar for your personal search needs. By installing, copying, or otherwise using this software, and any third party software made available in conjunction with this software, (collectively "Click4 Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions").
Ownership. The Click4 Toolbar is the property of by Lucky Communications, Inc., a California state corporation (“Lucky Comm”). You acknowledge that Lucky Comm or third parties own all rights (including copyrights, patents, trade secrets and other rights of any kind) in the Click4 Toolbar or software provided to you with the Click4 Toolbar. You will not modify, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Click4 Toolbar, unless such activity is expressly permitted by applicable law notwithstanding this limitation. You also will not remove, obscure, or alter Lucky Comm's or any third party's copyright notice, trademarks, or other proprietary rights notices contained within or accessed in conjunction with the Click4 Toolbar. Lucky Comm reserves all rights not expressly granted to you. All content that may be accessed through use of the Click4 Toolbar is the property of its respective owner and may be protected by applicable laws and treaties. This contract does not grant you any rights to use that content.
Non-Commercial Use. The Click4 toolbar is for your personal search needs only. Any commercial use of the Click4 Toolbar is expressly prohibited by these Terms and Conditions. The Click4 Toolbar is licensed, not sold, to you. You may not use the Click4 Toolbar to operate any business. You may not sell the Click4 Toolbar or any information, services, or software associated with it. You may not modify, copy, license, or create derivative works from the Click4 Toolbar. Also, you may not use the Click4 Toolbar in any manner that could damage, disable, overburden, or harm the search services provided by Click4 or any of the other Click4 network of services, such as in an automated manner, nor may you use the Click4 Toolbar in any manner that interferes with any other party's use of Click4 search services and other network of services.
Disclaimer of Warranties. Lucky Comm and any third party who make its software available in conjunction with or through the Click4 Toolbar disclaim any responsibility for any harm resulting from your use and/or misuse of the Click4 Toolbar and/or any third party software accessed in conjunction with or through the Click4 Toolbar.
THE CLICK4 TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLICK4 TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LUCKY COMM AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM 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. LUCKY COMM AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLICK4 TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CLICK4 TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE CLICK4 TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLICK4 TOOLBAR 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 CLICK4 TOOLBAR AND SUCH THIRD PARTY 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.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LUCKY COMM OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLICK4 TOOLBAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE CLICK4 TOOLBAR OR SUCH THIRD PARTY 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, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER MONETARY LOSS), EVEN IF LUCKY COMM AND/OR A THIRD PARTY SOFTWARE 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 CLICK4 TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLICK4 TOOLBAR, FROM INABILITY TO USE THE CLICK4 TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLICK4 TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CLICK4 TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLICK4 TOOLBAR (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.
Click4.com Search Services. The Click4 Toolbar is designed to be used in conjunction with the Click4.com search services. Accordingly, your use of the Click4 Toolbar is also defined by the Terms of Service and Privacy Policy of www.Click4.com and www.luckycomm.net.
Miscellaneous. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of final jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Lucky Comm and/or a third party who make its software available in conjunction with or through the Click4 Toolbar