DAEMON Tools Toolbar Software End User License Agreement
By downloading, installing or using this DAEMON Tools Toolbar Software ("Software") or any portion thereof, you agree to the terms and conditions of this End User License Agreement ("Terms").
THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOUR ARE INSTALLING THE SOFTWARE ("YOU") AND DT Soft Ltd, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.
PLEASE READ CAREFULLY AND ACCEPT THE TERMS BEFORE INSTALLING THE SOFTWARE BY CLICKING THE "YES" BUTTON (OR ANY SIMILAR BUTTON WHICH INDICATE YOUR CONSENT TO THESE TERMS), YOU AGREE TO BE BOUND BY THESE TERMS. YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE EXIT THE INSTALLATION PROCESS AND THE INSTALLATION PROCESS WILL NOT BEGIN. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION, WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.
DT Soft Ltd provides an automated, Internet-based platform that enables online Publishers ("Publisher") to communicate with their users via community toolbars, desktop alerts and other website syndication solutions. This software was created using DT Soft Ltd platform by a DT Soft Ltd toolbar Publisher.
1. GRANT OF LICENSE.
DT Soft Ltd hereby grants You a limited personal, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software solely for internal, non-commercial purposes in order to enhance Your Internet surfing experience by being provided with relevant references displayed at the top of Your browser and/or desktop and/or other applicable platforms.
All rights to and in the Software (including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right, shall belong to DT Soft Ltd and/or their respective owners.
You shall not modify the Software. You may only copy the Software, only if all copyright and other notices are reproduced and included on the copy.
You may not (1) decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of the Software to a human-perceivable form, (2)modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part, and (3) commercially distribute, market, sublicense, resell or otherwise transfer the Software. You may not make any use of the Software in whole or in part, that is not expressly permitted by these Terms.
The Software is delivered in object code only.
Either DT Soft Ltd, or a third party that provides components contained in the Software, may modify the functionality of the Software at any time.
You acknowledge that during installation, the Software may change the default search engine in Your browser's search box, if such a search box exists in Your browser. You in advanced and reconfigured from your toolbar options menu can approve such changes.
These Terms shall continue in effect perpetually, unless terminated earlier pursuant to the provisions herein. You may terminate these Terms at any time by permanently deleting from Your systems and/or destroying all copies of Software in Your possession. DT Soft Ltd may terminate these Terms and the license granted pursuant thereto if You breach any of the Terms. Upon termination of these Terms for any reason, You shall permanently delete and/or destroy all copies of the Software. All provisions of these Terms relating to "OWNERSHIP", "LIMITATION OF LIABILITY AND WARRANTY", "PRIVACY AND LEGAL RIGHTS" and "GENERAL" shall survive the termination of these Terms.
5. LIMITATION OF LIABILITY AND WARRANTY.
DT Soft Ltd DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DT Soft Ltd AND ITS THIRD PARTY LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
IN NO EVENT WILL DT Soft Ltd OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE), BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF DT Soft Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT DT Soft Ltd, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. PRIVACY AND LEGAL RIGHTS.
DT Soft Ltd respects the legal rights of others, and we ask our Publishers to do the same. We contractually prohibit our Publishers to use our platform to promote or distribute illegal materials, materials protected by intellectual property rights, or offensive materials.
It is important to download only from Publishers You trust, whether browser add-ons, toolbars or any other software. DT Soft Ltd is not responsible for content that is uploaded to the DT Soft Ltd platform by any Publisher or by any third party.
If You believe that Your legal rights have been infringed upon while using the Software, we encourage You to report it to us at Your earliest convenience (to report, please, visit the "Contact us" page on DAEMON Tools Toolbar website at http://www.daemon-toolbar.com/sendmsg). As soon as we receive Your notification, we will, at our discretion, examine Your complaint and take the necessary measures to resolve it.
"Publisher" means an individual or entity that creates a toolbar using the DT Soft Ltd platform. Such Publisher makes the toolbar available for download on any domain and/or website owned and/or operated by such Publisher or by a third party licensed by Publisher. The toolbar is used by an Internet user, such as You, who downloads and installs the toolbar created by the Publisher.
7. ENTIRE AGREEMENT.
These Terms shall be governed by and interpreted under the laws of Belize, without regard to conflicts of provisions. All actions related to these Terms and the Software shall be brought in the competent court of Belize. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason, a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision of these Terms shall be enforced to the maximum extent permissible to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. DT Soft Ltd reserves the right, at its own discretion, to update or revise these Terms. Please check the Terms periodically for changes at http://www.daemon-toolbar.com/terms. Your continued use of the Software following the posting of any changes to the Terms, or notification to You about the changes, constitutes acceptance of those changes.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.
DAEMON Tools Toolbar FAQ page can be found at http://www.daemon-toolbar.com/faq.
Contact customer service with questions or problems, as appropriate via web feedback form at http://www.daemon-toolbar.com/sendmsg.
DAEMON Tools Toolbar Software End User License Agreement
Revision of October 27, 2009
Copyright © 2009 DT Soft Ltd