CHAMELEON BOB - END USER LICENSE AGREEMENT
NOTE
TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED
SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS
OF THIS END USER LICENSE AGREEMENT AS WELL AS THE OTHER RELATED
DOCUMENTS FOR THE THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT MAY BE
BUNDLED WITH THE LICENSED SOFTWARE. BY INSTALLING, COPYING OR
OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND
BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT AS
WELL AS THE OTHER SIMILAR THIRD PARTY SOFTWARE AGREEMENTS (INCLUDED
HEREWITH). YOU
ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE
LICENSED SOFTWARE, YOU WILL RECEIVE AND CONTINUE TO RECEIVE
CONTEXTUAL BUTTON ADVERTISING VIA THE TOOLBAR. YOU MAY ALSO CHOOSE
TO INSTALL (OR UNINSTALL) THIRD-PARTY SOFTWARE FROM SELECT
ADVERTISERS OR THIRD PARTIES THE COMPANY HAS ENTERED INTO A BUSINESS
RELATIONSHIP WITH. THE LICENSED SOFTWARE CAN BE UNINSTALLED
UTILIZING THE "ADD/REMOVE
PROGRAMS"
COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW).
This
End-User License Agreement (this "Agreement"
or "EULA")
is an important legal agreement between you (the "Licensee")
and Trioris LLC
("Licensor").
Licensor is willing to license the Licensed Software (as defined
below) to you, provided that you agree to and accept all of the terms
and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE
LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED
SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT.
Special
Notice for Non-English Speakers:
The
Licensed Software is suited primarily for the use of English speakers
and, therefore, this Agreement is written in English and is addressed
to English speakers. If you are not proficient in English and feel
that you cannot properly understand this License Agreement, we
recommend that you either retain the help of an English speaker to
help you understand and accept the terms of this Agreement or,
alternatively, refrain from installing or using the Licensed
Software. In any event, if you choose to install or use the Licensed
Software, you will be bound by this Agreement and the Privacy Policy
incorporated herein.
Special
Notice for Residents of the State of Alaska, USA:
Unfortunately,
according to SB 140 (Alaska), persons who reside in the State of
Alaska may not install the Licensed Software. Therefore, by
installing or using the Licensed Software you represent and warrant
that your computer is not located in the State of Alaska. To the
extent that our system is reasonably able to recognize that your
computer is located in the State of Alaska, we will not enable you to
install the Licensed Software.
Notice
for All Users:
The
Licensed Software may, among other things, provide you with a toolbar
to log into Facebook and create and select different Facebook Layout
backgrounds, to help you search the internet more efficiently,
provide you with contextual button advertisements on the toolbar and
display inline text link advertisements within a web page. Please
note that you will receive Adult-oriented ads if you utilize keywords
related to such content or if you view Adult-oriented websites. The
Licensed Software is a service of Licensor.
1. DEFINITIONS.
The capitalized terms used but not otherwise defined in this
Agreement shall have the following meanings:
1.1 "Agreement"
or "EULA"
means this End User License Agreement.
1.2
"Licensee"
or "you"
means the individual who agrees to license the Licensed Software in
accordance with the terms and conditions of this Agreement. You
indicate your acceptance of this Agreement by clicking "I agree"
to the terms of this Agreement
1.3 "Licensed
Software" means collectively the
Software, Third Party Software and Updates.
1.4 "Third
Party Software" means the software
of third parties bundled together with the Software and/or made
available to install by Licensee in connection with the installation,
use and/or maintenance of the Software, which software includes or
displays, without limitation, cookies and pop-up, floating,
contextual or in line advertisements of third parties, or links to
third-party websites not directly affiliated with Licensor. You may
choose not to install Third Party Software or may uninstall such
software using your "Add/Remove Software" function on your
computer. Each company providing Third Party Software has its own
agreements and privacy policies, terms and conditions or other
policies that may be different from this (Licensor's) Agreement and
privacy policy. By clicking "I Agree" you also agree to be
bound by the Third Party Software Agreements that are included
herewith. In the event of a conflict between a Third Party Software
Agreement and this Agreement, this Agreement shall control with
respect to Licensor's and Licensee's obligations, duties or
liability.
1.5 "Software"
Includes Licensor's toolbar, contextual pop-up and contextual link
and in line advertisement applications installed by Licensee pursuant
the terms of this Agreement, together with the software applications,
documentation and local computer files installed or utilized by
Licensee in connection therewith (excluding the Third Party
Software), and all updates, modifications or patches thereof.
1.6 "Updates"
means any bug fixes, upgrades, modified versions or updates to the
Software and Third Party Software.
1.7 "Use",
"Used"
or "Using"
means to access, install, download, copy or benefit from using the
functionality of the Licensed Software
2. PERMISSION/AUTHORITY
TO DOWNLOAD LICENSED SOFTWARE
2.1 Permission
to Download Licensed Software. This
Agreement contains important legal obligations. Pursuant to
applicable laws including, without limitation, the Electronic
Signature Law and Uniform Electronic Transactions Act ("UETA"),
by clicking "I Agree", Licensor will treat Licensee's
affirmative action as equivalent to a signed written contract that
will legally bind Licensee to the terms of this Agreement. Licensee
should carefully review the terms of this Agreement (as well as any
Third Party Software Agreements included herewith) before clicking "I
Agree".
2.2 Obligation
to be Bound by Current Version of EULA.
Licensor may revise this EULA or its privacy policy at anytime, and
may (but shall not be obligated) to notify Licensees of such
revisions. By agreeing to the terms of this EULA, Licensee agrees to
read and review this EULA and privacy policy in order to stay current
on any changes. In the event Licensor makes revisions to this EULA
or its privacy policy, it will update the revision number and date of
last revision in the top right corner of each document.
3. SOFTWARE
LICENSE AND RESTRICTIONS.
3.1 License
Grant. Upon acceptance of the terms and
conditions of this Agreement, as evidenced by clicking "I Agree"
and continuing with the installation procedure, Licensor grants
Licensee a non-transferable, non-exclusive, revocable, non-sub
licensable license to Use the Licensed Software, in binary executable
form only, solely in accordance with the terms and conditions set
forth in this Agreement. The Licensee agrees not to Use the Licensed
Software in any manner that could damage, disable, overburden or
impair the Licensed Software, including, without limitation, Using
the Licensed Software in an automated manner or in any other manner
which could interfere with any other party's use and enjoyment of the
Licensed Software.
3.2 Restrictions.
As a material condition to the license granted in Section 3.1 above,
you will: (a) not reverse engineer, disassemble or decompile the
Licensed Software or attempt to discover or recreate the source code
to the Licensed Software, except as otherwise required by applicable
law, (b) comply with all applicable laws, including U.S. export
control laws, in your Use of the Licensed Software, (c) not make any
modification, adaptation, improvement, enhancement, translation or
derivative work of or to the Licensed Software, (d) not remove, alter
or obscure any proprietary notices (including copyright notices) of
Licensor or Licensor's affiliates in the Licensed Software, (e) not
Use the Licensed Software for purposes for which it is not designed,
and (f) only Use the Licensed Software for personal, non-commercial
use.
4. OWNER
OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You represent and
warrant either that you are the owner of the computer up which you
intend to download the Licensed Software and that you have authorized
the download and installation of the Licensed Software or that the
owner of the computer has authorized you to do so. You agree, with
respect to all users of the computer on which you have caused the
Licensed Software to reside, to provide a copy of these terms and
conditions and to obtain their consent to these terms and conditions
before allowing them to Use the Licensed Software. Alternatively, if
you have the legal right to accept this Agreement on behalf of one or
more users of the computer on which you have caused or authorized the
Licensed Software to reside, then you hereby accept this Agreement on
behalf of all such other users. You understand that the presence of
the Licensed Software on any computer is voluntary and that you may
remove it at any time. You must be at least 18 years of age to Use
the Licensed Software. By accepting the
terms of this Agreement and Using the Licensed Software you represent
that you are over the age of 18.
5. IMPORTANT
INFORMATION REGARDING FUNCTIONALITY OF LICENSED SOFTWARE.
5.1 Functionality.
Certain applications in the Licensed Software recognize keywords from
your Internet browser and URL targets from the sites you visit to
display relevant contextual advertisements. These advertisements may
be displayed on your computer screen at any time while you are
searching and shopping online (and not necessarily while you are
using any product or service related to or downloaded with the
Licensed Software) and pop-up on your screen in a separate browser.
The Licensed Software gathers and stores personal identifiable
information and records concerning your Internet browsing behavior.
Please refer to Section 10 (below) for further information about
Licensor's privacy policies.
5.2.
Display of Advertising.
The Licensed Software starts automatically when you start your
computer, runs in the background on your computer, and may
periodically direct you to our sponsors' websites. By installing
and/or using the Licensed Software you grant permission for Licensor
to periodically display sponsors' websites to you. The frequency of
these advertisements (which will pop up on your screen in a separate
browser) will vary depending on your use of the Internet. Please
note that you will receive Adult-oriented ads if you utilize keywords
related to such content or if you view Adult-oriented websites. On
occasion, you may search for a website and receive an error from your
browser software indicating that the site cannot be found. When this
occurs, the Software includes a function that may redirect your web
browser to our sponsor's websites based on the content of the website
address, or URL, which you entered. You hereby consent to these
actions. Content Licensor considers "Adult" is defined as
any audio, video, audiovisual, images, sounds or text that contain or
reference any of the following: profanity, crude or off-color humor,
violence, blood and gore, weapons, use of alcohol, drugs, tobacco or
other controlled substances, online gambling, pornography, erotica,
erotic images, nudity, sex, sexually explicit images, and sexual
references.
6. INTELLECTUAL
PROPERTY RIGHTS. The Licensed Software is the intellectual property
of, and owned exclusively by, Licensor, its affiliates or suppliers
or the companies that own or control the Third Party Software. The
structure, organization and code of the Licensed Software are the
valuable trade secrets and confidential information of Licensor, its
suppliers or affiliates or the companies that own or control the
Third Party Software. The Licensed Software is protected by
copyright, including without limitation by United States copyright
law, international treaty provisions and applicable laws in the
country in which it is being used. Except as expressly stated
herein, this Agreement does not grant you any intellectual property
rights in the Licensed Software, and all rights not expressly granted
are reserved by Licensor and its affiliates or suppliers.
7. UNINSTALLATION.
You understand and agree that the presence of the Licensed Software
on your computer is voluntary and that you may remove the Licensed
Software from your computer at any time going to the "Add/Remove
Software" function on your computer and
clicking "Remove Software".
The program name for the software is CHAMELEON BOB TOOLBAR. Should
you choose to download additional software from Licensor's
affiliates or advertisers, those programs may be named differently
and require you to remove them separately. Please note that the
above is the only proper way to ensure complete removal of all
Licensed Software files - many anti-spyware
or other software tools do not completely or properly remove the
Licensed Software. Some Internet content and software publishers
require that their users have certain of the Licensed Software
installed on their computer in order to access their content or use
their software applications ("Content Providers").
Uninstallation of such Licensed Software may impact your ability to
access such content and/or use such software. You may be required to
restart your computer in order for the uninstallation to take effect.
Should you have any questions regarding the removal of the Licensed
Software, please contact removal@chameleonbob.com.
8. UPDATES.
Licensor, in its sole discretion, may provide you with Updates to the
Licensed Software as part of this Agreement. The Licensed Software
may check with Licensor or its affiliates for the existence of any
Update released and, in the event that one is available, the Licensed
Software may update itself automatically or prompt you to update the
Software. Nothing herein shall be construed or interpreted as
requiring that Licensor provide Updates. The companies that own or
control the Third Party Software may also provide you with Updates to
their Licensed Software. Licensor has no control and accepts no
liability for Updates that may (or may not) be provided for the Third
Party Software.
9. DISCLAIMER
OF WARRANTIES AND REMEDIES; INDEMNITY.
9.1 No
Warranty; Disclaimer. YOUR USE OF THE
LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LICENSOR, ITS AFFILIATES OR SUPPLIERS, AND THE COMPANIES THAT OWN OR
CONTROL THE THIRD PARTY SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND
SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET
YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE
WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED
SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE
LICENSED SOFTWARE SHALL CREATE ANY WARRANTY. LICENSOR IS NOT
RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
9.2 Limitation
of Damages. LICENSOR, ITS AFFILIATES OR
SUPPLIERS, OR THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY
SOFTWARE WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE
LICENSOR, ITS AFFILIATES AND SUPPLIERS AND THE COMPANIES THAT OWN OR
CONTROL THE THIRD PARTY SOFTWARE FROM ANY, LIABILITY (WHETHER IN
CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES
SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE
LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF
DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL LICENSOR'S ENTIRE LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.3 Indemnity.
Licensee agrees to indemnify, defend, and hold Licensor and all of
the directors, officers, shareholders, affiliates, employees, and
agents of Licensor (collectively referred to as "Licensor's
Agents") harmless against and in respect to any and all claims,
demands, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, expert
witness fees, and reasonable attorneys' fees that Licensor,
Licensor's Agents and the companies that own or control the Third
Party Software shall incur or suffer, which arise, result from, or in
any way relate to: (a) any breach of, or failure by Licensee to
perform any of the representations, warranties, covenants or
agreements in this Agreement; (b) Licensee's violation of any
applicable law or regulation, whether or not referenced herein; and
(c) Licensee's violation of any rights of any third party
(including, without limitation, the right of the third parties who
own the Third Party Software).
10. USE
OF INFORMATION; PRIVACY POLICY.
10.1 Use
of Information. By entering into this
Agreement, Licensee agrees that Licensor may collect and retain
information about Licensee, including Licensee's name and email
address. Licensor may employ other companies and individuals to
perform these functions on its behalf. Examples may include
fulfilling orders, delivering packages, sending postal mail and
e-mail, removing repetitive information from customer lists,
analyzing data, providing marketing assistance and processing credit
card payments. These third parties may be given access to personal
information needed to perform their functions, but may not use it for
other purposes. In addition, Licensor will collect and use anonymous
information relating to your use of the Licensed Software application
for statistical and related purposes. Licensor may disclose the
information to third parties for these purposes but will not use or
disclose information about your use of the Licensed Software for any
other purpose (unless required to do so by law). Licensor may keep
track of your Internet history in order to customize the
advertisements provided to you as part of the Licensed Software.
10.2 Privacy
Policy. Without limiting the generality of Section 10.1, by
installing the Licensed Software, you grant permission for Licensor
to collect and use certain information. You acknowledge that you have
reviewed the applicable Licensor Privacy Policy,
which describes Licensor's general
practices with respect to the collection, use and disclosure of
information in connection with your Use of the Licensed Software,
which is incorporated herein by reference. Licensor reserves the
right to change the provisions of its Privacy Policy from time to
time. Your Use of the Licensed Software following the posting of
such changes to Licensor's Privacy Policy
will constitute your acceptance of any such changes. Licensor does
not make any and hereby disclaims to the maximum extent allowed by
law any and all covenants, representations and warranties with
respect to its compliance with the statements of intent contained in
Licensor's privacy policy.
11. COMPATIBILITY. Licensor
does not warrant that the Licensed Software will be compatible with
your hardware or other software installed on your computer system.
Compatibility issues may cause your computer's performance to suffer.
In the event that the Licensed Software is not compatible with your
hardware or other software installed on your computer system, the
Licensed Software can be uninstalled as provided in Section 7, above.
Like all software, the Licensed Software utilizes some of your
computer's resources to run, including system memory and Internet
connection. Use of the Licensed Software on a computer with
inadequate system resources will cause such computer's performance to
suffer.
12.
USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and
warrant that: (a) you own the computer on
which you are installing the Licensed Software, or have the authority
to install the Licensed Software on such computer; (b) your
installation and/or Use of the Licensed Software will not violate any
local, state or federal laws that apply to you, or the Use or
installation of the Licensed Software; (c) Licensor is not causing
the Licensed Software to be installed on your computer, but has
provided the Licensed Software to you, which you are installing of
your own volition; and (d) you have read and fully understand the
terms of this Agreement.
13.
EXPORT. You agree that the Licensed Software may not be acquired,
shipped, transported, exported, or re-exported (A) into (or to a
national or resident of) any U.S. embargoed country or (B) to anyone
on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Department of Commerce's Table of Denial
Orders. By using the Licensed Software, you represent and warrant
that you are not located in, under control of, or a national or
resident of any such country or on any such list.
14. MISCELLANEOUS.
14.1 Entire
Agreement. This Agreement and any
Third Party Software Agreement set forth the entire understanding of
the parties with respect to the subject matter hereof. There are no
representations, warranties, agreements, arrangements or
understandings, oral or written, between the parties relating to this
Agreement which are not fully expressed in this Agreement. No
waiver, amendment or modification of any of the terms of this
Agreement shall be effective unless in writing and signed by the
party affected by the waiver, amendment or modification; provided,
however, that that Licensor may unilaterally amend or modify this
Agreement or a company that owns or controls Third Party Software may
modify their Third Party Software Agreement at any time and you shall
have notice of these changes by reference to the Version number of
this document and the effective date for such version (or the Third
Party Software Agreement may be amended according to that company's
particular policies). Further, no waiver of any term, condition or
default of any term of this Agreement shall be construed as a waiver
of any other term, condition or default. In the event of a conflict
between this Agreement and any Third Party Agreement with respect to
the use of the Licensed Software and the obligations, duties or
liability of Licensor, this Agreement shall control notwithstanding
such conflicting language.
14.2 Severability.
In the event that any provision of this Agreement is held by a court
of competent jurisdiction to be unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular provisions held to be
unenforceable and the unenforceable provisions shall be replaced by
mutually acceptable provisions which, being valid, legal and
enforceable, come closest to the intention of the parties underlying
the invalid or unenforceable provision.
14.3
Governing
Law and Venue.
This Agreement and each and every portion of this Agreement shall be
interpreted pursuant to the internal laws of the Country of Costa
Rica, without giving effect to the principles of conflict of laws.
Each of the parties hereby irrevocably and unconditionally agrees to
the exclusive jurisdiction of any court located in Cost Rica for any
actions, suits or proceedings arising out of or relating to this
Agreement (and the parties each agree not to commence any action,
suit or proceeding relating thereto except in such courts and not to
plead or claim that any such court is an inconvenient or otherwise
improper or inappropriate forum).
14.4 Injunctive
Relief.
Licensee acknowledges that the injury that would be suffered by
Licensor as a result of a breach of the provisions of this Agreement
by Licensee would be irreparable and that an award of monetary
damages to Licensor for such a breach would be an inadequate remedy.
Consequently, Licensor will have the right, in addition to any other
rights it may have, to obtain injunctive relief to restrain any
breach or threatened breach or otherwise to specifically enforce any
provision of this Agreement, and Licensor will not be obligated to
post bond or other security in seeking such relief
Should
you have any questions concerning this Agreement, or if you wish to
contact Licensor for any reason, please e-mail us at info@chameleonbob.com
.
Ask Terms of Service
The Terms of Service for Ask (part of IAC Search & Media Europe Ltd) can be found at http://sp.uk.ask.com/en/docs/about/terms_of_service.shtml.
Ask Privacy Policy
The Privacy Policy for Ask (part of IAC Search & Media Europe Ltd) can be found at http://sp.uk.ask.com/en/docs/about/privacy.shtml.
