[Last updated 2006-04-05 14:51 EST]
PREFACE. You are about to install some of the following programs:
Softwares developed by "Integrated Search Technologies" :
Yoursitebar, Slotchbar or xxxtoolbar
A toolbar that is installed within Internet Explorer. Depending on the toolbar
installed, different links will be available from free adult material to links
to different categories of sites. The toolbar can be removed using add/remove
programs located in the control panel at any time, or with the uninstaller at
http://www.ysbweb.com/uninstall.html.
Look for xxxtoolbar, yoursitebar or slotchbar in the control panel. See Eula
below.
IST Service
A program that display advertisements in a pop up window. IST Service can be
removed using add/remove programs from the control panel at any time, or with
the uninstaller at http://www.ysbweb.com/uninstall.html.
Look for ISTsvc in the control panel. See Eula below.
Third Parties softwares :
Internet Optimizer
A programs that replaces the 404 error page of Internet Explorer to display
a list of searches/adds related to the mistyped URL. Internet Optimizer can
be removed from the add/remove programs from the control panel at any time,
or with the uninstaller at http://www.ysbweb.com/uninstall.html.
Look for Internet Optimizer in the control panel. EULA available in details
at http://www.internet-optimizer.com/legal/EULA/.
Surfaccuracy
A program that display contextual advertisements based on the websites visited.
Suraccuracy can be removed using add/remove programs located in the control
panel at any time, or with the uninstaller at http://www.ysbweb.com/uninstall.html.
Look for Surfaccuracy in the control panel. EULA available in details at http://www.surfaccuracy.com/eula.html
INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™ EULA
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY DOWNLOADING OR INSTALLING,
REGISTERING FOR, OR USING THE INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™
SERVICE AND/OR SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING
A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
DO NOT USE INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™ SERVICES AND/OR SOFTWARE.
1. DESCRIPTION. The Integrated Search Technologies toolbar™ will give
you access to tools to improve your internet searches via shortcuts and search
tools. It adds a discreet Integrated Search Technologies toolbar™ on the
top of your Internet Explorer that will display links to internet tools and
pages.
2.DEFINITIONS. "You" means the person or company who is being licensed
to use the software and/or service. "We", "us" means Integrated
Search Technologies or IST, "Software" means the softwares as listed
in the PREFACE OF THIS AGREEMENT and selected third party software, including
any upgrades, modified versions, updates, additions and copies of the software.
Services means providing the IST toolbar™ Software and upgrades.
3. LICENSE GRANT. We hereby grant you a non-exclusive, non-transferable, limited
license to use one copy of the Software on the computer which this license agreement
was accepted on subject to terms and conditions set forth below. The Software
is "in use" on a computer when it is loaded into temporary memory
(RAM) or installed into the permanent memory of a computer--for example, a hard
disk, CD-ROM or other storage device.
4. TITLE. This license is not a sale. We remain the owner of all right, title
and interest in the Software.
5. ARCHIVAL OR BACKUP COPIES. You may not keep back up copies of this Software.
6. THINGS YOU MAY NOT DO. Canada and United States copyright laws and international
treaties protect the Software. You must treat the Software like any other copyrighted
material for example a book. You may not: copy the Software in any form, modify
or adapt the Software or merge it into another program, reverse engineer, disassemble,
decompile or make any attempt to discover the source code of this Software,
place the Software onto a server so that it is accessible via a public network
such as the Internet, or sublicense, rent, lease, distribute or lend any portion
of the Software or related documentation. You agree to not use the Service to:
a) harm minors in any way; b) impersonate, or falsely state or otherwise misrepresent
your affiliation with, any person or entity, including, but not limited to,
an IST official or affiliate; c) interfere with or disrupt the Service or another
person's use of the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks
connected to the Service; d) violate any applicable law, statute, regulation,
rule or code, including, but not limited to, rules and codes regarding online
conduct.
7. LIMITED WARRANTY. Use of Integrated Search Technologies Software and/or
Service is at your own risk. Integrated Search Technologies provides the Software
on an "as is", "where is" basis without warranty of any
kind, either express, implied or statutory. To the extent permitted by applicable
law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE KNOW OR HAD REASON
TO KNOW OF YOUR PARTICULAR NEEDS.
IN NO EVENT SHALL INTEGRATED SEARCH TECHNOLOGIES BE LIABLE TO ANYONE FOR ANY
UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY
INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR
FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED
FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE
INTRODUCTION OF ANY FORM OF INVASIVE COMPUTER PROGRAM, INVASION OF PRIVACY AND
ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH
THE USE OF THE SOFTWARE OR THE SERVICE. YOU ASSUME THE ENTIRE RISK FOR THE ACCURACY,
ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.
NO EMPLOYEE, AGENT, DEALER, AFFILIATE OR DISTRIBUTOR OF OURS IS AUTHORIZED
TO MODIFY THIS LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME
STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE
OR OTHER JURISDICTIONS, PROVINCES OR TERRITORY.
You agree to indemnify and hold us, and our licensors, suppliers, vendors, parent,
director, shareholder, holding, subsidiary and related companies, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable legal fees, made by any third party
due to or arising out of your misuse of the Service, your connection to the
Service, your violation of this agreement, your violation of any rights of any
other person, or your breach of any applicable law.
8. LIMITED REMEDY. INTEGRATED SEARCH TECHNOLOGIES LIABILITY TO YOU OR ANY THIRD
PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL (INCLUDING NEGLIGENCE),
OR OTHERWISE WILL NOT EXCEED $1 (ONE DOLLAR) OR THE FEE, IF ANY, PAID BY YOU
FOR THE SOFTWARE, WHICHEVER IS GREATER. IN NO EVENT WILL WE BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. YOU EXPRESSLY RELEASE
AND INDEMNIFY INTEGRATED SEARCH TECHNOLOGIES, IT’S EMPLOYEES, AGENTS,
DISTRIBUTORS, SUPPLIERS, PARTNERS, ADVERTISERS, BOARD OF DIRECTORS FROM ANY
AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION BOTH KNOWN AND UNKNOWN ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE AND/OR SERVICE. SOME STATES OR
OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE
OR TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES,
WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID
BY YOU FOR THE SOFTWARE LICENSED HEREUNDER.
9. OTHER SOFTWARE. You allow that third party software may be installed with
the Software and that Integrated Search Technologies shall not be liable to anyone
with respect to such third party software.
10. LINKS. The Service may include links to third parties websites. We have
no control of the websites that are linked with the Service and we are not responsible
for their content nor do we endorse the material contained in such websites.
Access to such website is at your own discretion and risk.
11. TERM AND TERMINATION. This license agreement takes effect upon your use
of the Software and remains effective until terminated. You may terminate it
at any time by destroying the Software in your possession. You agree on termination
of this license to destroy all copies of the Software in your possession. You
may uninstall the Software by following the instructions available on Integrated
Search Technologies‘ web site at http://ysbweb.com/uninstall.html.
12. TERRITORY. The rights granted to you herein are woldwide and apply to you
wherever you are located or from whatever location you are accessing the Software
or Service.
13. CONFIDENTIALITY. The Software contains trade secrets and proprietary know-how
that belong to us or to third parties and it is made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE THIRD PARTY SOFTWARE,
OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE
WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS AND INTELLECTUAL PROPERTY LAWS.
14. PERSONS 17 YEARS OLD AND UNDER. If you are younger than 18 years old, you
are prohibited from downloading, registering, or using the Service. By using
the Service, you warrant to Integrated Search Technologies that you are at least
the age of 18 or that you are not a "minor" as this term is defined
in the jurisdiction where you are domiciled.
15. CONSENT OF USE. You agree and, it is your sole responsibility, to inform
all users of computer that you have caused the Software to reside, that you
will obtain their consent to this agreement before allowing them to use the
computer to connect to the internet. You understand and acknowledge that by
using the Service, you may be exposed to content that is offensive, indecent
or objectionable. You will make personal use only of such content.
16. UPDATES. You grant Integrated Search Technologies permission to add/remove
features and/or functions to the existing Software and/or Service, or to install
new applications or third party software, at any time, in its sole discretion
with or without your knowledge and/or interaction. By doing so, you agree to
the terms of the new applications. You also grant Integrated Search Technologies
permission to make any changes to the Software and/or Service provided at any
time.
17. SERVER INTERACTION. You understand and accept that when the Software is
installed, it periodically communicates with a server operated by Integrated
Search Technologies and/or third party servers.
18. INFORMATION COLLECTION. Integrated Search Technologies does not collect any personally identifying information.
You understand and grant Integrated Search Technologies
permission to assign each copy of the Software an unique software identity code.
You also grant Integrated Search Technologies permission to collect and store
information of your internet usage habit, including but not limited to information
about every web page you view with the full Uniform Resource Locators, and the
content of web page. You understand and accept that Uniform Resource Locators
and the content of web pages you view may include your personally identifiable
information. You grant Integrated Search Technologies permission to collect
and store information on which IST toolbar™ buttons you click on, your
response to advertising, the search terms you entered on the IST toolbar™
and/or all other information relates to your internet usage habit. You hereby
grant Integrated Search Technologies permission to distribute your non personally
identifiable information to our partners, agents, and/or any third party in
Integrated Search Technologies’ sole discretion.
19. ARBITRATION. Any claim or controversy arising out of or related to this
Agreement, or the products or services we provide and/or distribute shall be
settled by binding arbitration in accordance with the rules of the The Quebec
National and International Commercial Arbitration Centre. Any such claim or
controversy shall be arbitrated on an individual basis and shall not be consolidated
with a claim of any other party. You agree to pay any/all direct and/or indirect
costs arising out or related to the claim and/or controversy, including but
not limited to legal costs, transportation, accommodation, telephone calls.
The foregoing shall not preclude Integrated Search Technologies from seeking
any injunctive relief for protection of Integrated Search Technologies, intellectual
property rights.
20. ADVERTISEMENT APPLICATION. You grant Integrated Search Technologies permission
to install an advertisement application licensed to it from a third party. The
purpose of the advertisement application is to display an advertisement a limited
number of times at a specified time interval; the advertisement application
will provide you the opportunity to install software onto your computer and
will be automatically uninstalled after its operation is complete. You are granted
a personal, non-commercial license to use this software, under the same terms
and conditions that apply to Integrated Search Technologies software. The IST
toolbar™ Software does not track user data or clickstream data, does not
compile a users database nor engage in user profiling. User information is not
transferred to our server thus preventing software into your computer. However,
we cannot control third party software which may be installed in the IST toolbar™.
21. GENERAL PROVISIONS. a). This written license agreement is the exclusive
agreement between you and us concerning the Software and service and supersedes
any and all prior oral or written agreements, negotiations or other dealings
between us concerning the Software. Integrated Search Technologies reserves the
right to modify this license agreement at anytime and you agree that it is your
responsibility to visit http://ysbweb.com/terms.html
to make sure you have read and agree to the latest version of this agreement.
You agree that your continued use
of the Software and/or Service following any changes to this agreement and after
the changes take effect will constitute your acceptance of such changes.
c). This license agreement is governed by the
laws of the province of Quebec, Canada. The United Nations Convention on Contracts
for the Sale of Goods does not apply to this Agreement. d). You agree that the
Software will not be shipped, transferred or exported into any country or used
in any manner prohibited by Canadian Export laws or any other export laws, restrictions
or regulations. e) If any provisions of this Agreement shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the validity and enforceability
of any remaining provisions. f). Integrated Search Technologies’ failure
to enforce the strict performance of any provision of this Agreement will not
constitute a waiver of Integrated Search Technologies’ right to subsequently
enforce such provisions or any other provisions of this Agreement. No waiver
of any provision of this Agreement shall be effective unless in writing. g).
Any rights not expressly granted herein are reserved.
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