ABOUT THE EXACT SEARCH BAR
The eXact Search Bar is installed on your computer and allows you to conduct
Internet
searches through several different search engines.
The eXact Search Bar does not obtain personal information from you. We do
not transmit or
collect personally identifiable information about your searching activity and
do not store
any personally identifiable information that records your searching behavior.
On a daily basis, the eXact Search Bar collects only aggregate statistics
about the searches
conducted and search terms entered. The eXact Search Bar does not build up a
profile of you
or attempt to correlate demographic or personal information. Our End User
License Agreement
is displayed when users install the eXact Search bar.
By downloading the eXact Search Bar, you accept the eXact Search Bar
License Agreement,
which also gives eXact Advertising LLC permission to display relevant
contextual information
to you in the form of advertisements should they decide to do so. It is our
policy to
distribute the eXact Search Bar only to users who have been provided the
eXact Search Bar
license agreement. If you believe you have received the eXact Search Bar
without the
license agreement being provided, please let us know at
[email protected]
If you want to uninstall the eXact Search Bar, you can do so easily through
the add/remove
function in your control panel. You can access your control panel by going to:
(1) START (the button in the bottom right of your computer) 2) Choose SETTINGS
3) Choose CONTROL PANEL 4) Choose ADD/REMOVE PROGRAMS 5) Select eXact Search
Bar 6) Click on ADD/REMOVE.
Copyright (c)2002 eXact Advertising LLC. All Rights Reserved.
THE eXact SEARCH BAR END USER LICENSE AGREEMENT
This is a legal agreement ("the Agreement") between you and Exact Advertising
LLC,
("eXact"). This Agreement pertains to your use of the
eXact software,
technology, programs, documentation and updates which are provided to you by
eXact
(collectively, the "Software"). This Agreement also pertains to the services
that are
available to you by using the Software (the "Services"). Please carefully read
the terms
and conditions below. If you do not agree to the terms of this Agreement, DO
NOT click
the "I Accept" button. By clicking on the "I Accept" button, you are consenting
to the
terms of this Agreement.
License. This Agreement grants you a personal, non-exclusive, non-transferable,
non-sublicensable right to use one copy of the Software for your own personal
use on a
single computer and/or workstation. eXact reserves all rights in the
Software not
expressly granted herein, including without limitation ownership and
proprietary rights.
License Restrictions. You may not reproduce or distribute the Software for any
purpose
whatsoever. Without limiting the foregoing, you may not copy the Software to
any server
or location for reproduction or distribution. You may not reverse engineer,
de-compile
or disassemble the Software or otherwise attempt to derive the source code for
the Software,
or without limitation, redistribute, sublicense, or otherwise transfer rights
in the Software.
The restrictions contained herein apply equally to any updates that may be
provided to you
by eXact.
Intellectual Property Rights and Third Party Materials. All service marks,
logos, trade
names, trade dress, and trademarks of eXact (collectively "Marks") are the
exclusive
property of eXact and nothing in this Agreement shall grant you the license
to use
such Marks. All intellectual property rights in the Software and Services,
including without
limitation all computer code, audio, graphics, multimedia, images, sounds, and
text
incorporated into the Software or Services, are owned exclusively by eXact
or its partners
and are protected by United States copyright laws and international copyright
treaty provisions. Any violation of the terms set forth herein is expressly
prohibited by law and may result in severe civil and criminal penalties.
Additionally, other marks that appear on eXact's web sites may belong to
third parties that are not affiliated with eXact. The Service enables you to
go to third party sites that are not controlled by eXact. eXact does not
control or endorse the content of third party web sites and eXact is not
responsible for the contents of these sites or any link contained on these
sites, or any changes or updates to such sites. You are responsible for taking
precautions to ensure that whatever you select for your use, whether on
eXact's web sites or the sites of third parties, is free of viruses, worms,
Trojan horses, and other items of a destructive nature.
Disclaimer of Warranties. ALL SERVICES AND SOFTWARE PROVIDED BY eXact ARE
PROVIDED
"AS IS." eXact AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS,
NETWORK
SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER
PERSON OR
ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY,
TITLE,
NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE
OR PURPOSE
AS TO THE SERVICES OR SOFTWARE PROVIDED TO YOU, OR AS TO ANY OTHER MATTER, ALL
SUCH WARRANTIES
HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR
YOUR USE OF THE SOFTWARE OR SERVICES. NEITHER eXact NOR ANY OF ITS
AFFILATES, SUBSIDIARIES,
PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES
WARRANTS THAT
THE SOFTWARE OR SERVICES WILL BE FREE FROM ANY VIRUS OR OTHER CODE THAT IS
CONTAMINATING OR
DESTRUCTIVE BY NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING
SUFFICIENT
PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT
AND OUTPUT
AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR
DESTROY YOUR
SYSTEM OR DATA. NEITHER eXact NOR ANY OF ITS AFFILATES, SUBSIDIARIES, PARENT
COMPANIES,
AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE
SOFTWARE OR
SERVICES ARE ERROR FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION,
NOR DOES eXact
WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET. eXact MAKES
NO
EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, INCLUDING BUT NOT LIMITED TO,
ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE QUALITY OF
THE CALL.
Limitation of Liability. IN NO EVENT SHALL eXact, ITS AFFILIATES,
SUBSIDIARIES, PARENT
COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE
TO YOU OR ANY
THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR
INDIRECTLY
FROM THE USE OF eXact'S SERVICES OR SOFTWARE INCLUDING WITHOUT LIMITATION
ANY ACTUAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR
FOR ANY LOSS
OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND
OR NATURE
WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO
THIS AGREEMENT,
TO THE SERVICES PROVIDED BY eXact OR TO THE USE OF THE SOFTWARE. THIS
LIMITATION OF
LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM eXact ENTERS INTO A
BINDING
AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE SOFTWARE TO END USERS AND
SUCH THIRD
PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE
DAMAGES SET FORTH
ABOVE.
Indemnification. You agree to indemnify and hold eXact, its officers,
directors, employees,
agents, shareholders, licensors, suppliers, affiliates and any third party
distributors
harmless from and against any and all damages, losses, costs including attorney
fees and
expenses resulting from any violation by you of this Agreement or asserted by
any third party
due to or arising out of your use of or conduct with respect to the Software or
Services.
Termination. eXact reserves the right to terminate this Agreement and your
use of the
Software and Services at any time and for any reason or no reason at all. You
may terminate
this Agreement at any time simply be ceasing to use the Software and Services.
The provisions
contained herein shall survive termination of this Agreement.
Export Control Laws. The export and re-export of eXact Software and other
materials are
controlled by the export laws and regulations of the United States, as they may
be amended from
time to time. Accordingly, you certify that you are aware of and will comply
with all
applicable export rules and regulations, including the responsibility to obtain
a license for
the export or re-export of the Software and other materials to any destination
requiring such
a license. In addition, neither the Software nor Services may be exported or
re-exported to
any country to which the United States prohibits the export of goods,
technology, or services
or to nationals of those countries, wherever located. Moreover, neither the
Software nor
Services may be distributed to persons on the Table of Denial Orders, the
Entity List, or
the List of Specially Designated Nationals maintained by the U.S. government.
By downloading
the Software, you are certifying that you are not a national of one of the
countries to
which the United States embargoes goods, services, or technology and that you
are not a
person on the Table of Denial Orders, the Entity List, or the List of Specially
Designated
Nationals.
Jurisdiction and Other Provisions. This Agreement and the relationship between
eXact
and you shall be governed in accordance with the laws of the State of New York.
Any dispute
between you and eXact regarding this Agreement will be subject to the
exclusive
jurisdiction of the state and federal courts in the State of New York. This
Agreement is
the entire agreement between you and eXact relating to your use of the
Software or Services
and supersedes any other communications or advertising with respect to the
Software and
Services. If any provision of this Agreement is held invalid, the remainder of
this Agreement
will continue in full force and effect. eXact's failure to insist upon or
enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any
provision or right. Neither the course of conduct between the parties nor trade
practice shall
act to modify any provision of this Agreement. eXact may assign its rights
and duties under
this Agreement to any party at any time without notice to you.
Modifications of Agreement. eXact may modify this Agreement or the Software
or Services
provided at any time without providing notice to you. Such modification will be
made by
posting a revised agreement on its web site and such modification shall be
deemed effective
immediately upon posting of the modified Agreement. Your continued access or
use of the
Software or Services shall be deemed your acceptance of the modified Agreement.
You agree
to check our web site periodically to review such modifications. Termination or
Modifications
of Software or Services. eXact reserves the right to terminate or modify the
Software
or Services at any time without providing notice to you. eXact's right to
modify the
Software or Services applies to all or any aspect of the Software or Services,
including,
without limitation, changes to the pricing of the Services and/or limitations
on the duration
of calls. Your continued access or use of the Software or Services shall be
deemed your
acceptance of such modifications. You agree to check our web site periodically
to review
such modifications.
By accepting to download the eXact Search Bar you are also accepting that
eXact
Advertising LLC may also deliver to you relevant contextual advertising in the
form of
advertisements based on URLs and/or search terms you enter when navigating the
Internet.
The technology used to do this anonymously identifies the interests of computer
users based
on their computer usage, and the URLs associated with the Web pages viewed.
Often, such ads
and informational messages will be published to computer screens on behalf of
those who
are competitors of the Web pages users may be viewing, or may have recently
viewed.
We do not transmit or collect your browsing activity or personal information
and do not store
any information that records your browsing behavior. We do not build profiles
of our users
or attempt to correlate demographic or personal information.
The terms and conditions of this User Agreement shall control in the event of
any
inconsistency between this User Agreements terms and conditions and any prior
eXact
terms and conditions agreed to.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT,
BY USING
THE SOFTWARE, WEB SITE OR ANY OTHER eXact SERVICES, YOU AGREE TO BE BOUND BY
ITS TERMS
AND CONDITIONS.