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These Terms and Conditions are subject to periodic updates. By agreeing to these Terms and Conditions you also signify your acceptance of any such updated versions of these Terms and Conditions. The latest available version of these Terms and Conditions may be accessed and viewed at http://toolbar.google.com/terms-dvx.php
Information Issues
When you download the Google Toolbar in combination with DivX, the Google Toolbar is by default configured with the Advanced Features disabled. This means that the Google Toolbar does not send information to Google identifying the web pages that you are viewing. The Google Toolbar may, however, periodically contact our server to provide us information about your Google Toolbar (like whether you are running the most current version). In addition to the standard information that your browser sends to most any other web page you might visit, this communication also involves sending a computer-generated unique identifier that is stored in your computer's registry upon install and that we use for internal business purposes such as auditing and security. We do not share this unique information with third parties, unless we need to do so for legal or security reasons.
If you later choose to activate the Advanced Features of the Google Toolbar, please note that additional information will be sent to Google, including the URL of the web page you are visiting. Again, however, we do not share that information with third parties, unless we need to do so for legal or security reasons.
For more information, please see the complete Privacy Policy for the Google Toolbar.
Personal Use Only
Google Toolbar is made available to you for your personal, non-commercial use only. This means that you may use it at work or at home, to search for anything you want. But you first need to obtain Google's permission if you want to sell the Google Toolbar or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from the Google Toolbar. In that case, please send an email to toolbar-feedback@google.com. Furthermore, you may not use Google Toolbar in any manner that could damage, disable, overburden, or impair Google's search services (e.g., you may not use the Google Toolbar in an automated manner), nor may you use Google Toolbar in any manner that could interfere with any other party's use and enjoyment of Google's search services.
If you have comments on Google Toolbar or ideas on how to improve it, please email toolbar-feedback@google.com. Please note that by doing so, you also grant Google and third parties permission to use and incorporate your ideas or comments into Google Toolbar (or third party software) without further compensation.
Intellectual Property
You acknowledge that Google or third parties own all right, title and interest in and to the Google Toolbar, portions thereof, or software provided through or in conjunction with the Google Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Google Toolbar. You also agree to not remove, obscure, or alter Google's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Google Toolbar.
Disclaimer of Warranties
Google and any third party who make its software available in conjunction with or through the Google Toolbar disclaim any responsibility for any harm resulting from your use of the Google Toolbar and/or any third party software accessed in conjunction with or through the Google Toolbar.
THE GOOGLE TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE 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. GOOGLE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE GOOGLE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE 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 GOOGLE 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 GOOGLE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE TOOLBAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE 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, (EVEN IF GOOGLE 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 GOOGLE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE TOOLBAR, FROM INABILITY TO USE GOOGLE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE 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.
Google's Search Service
Google Toolbar is designed to be used in conjunction with Google's search services. Accordingly, your use of Google Toolbar is also defined by Google's Terms of Service and Privacy Policy.
Miscellaneous Provisions
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 competent 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 Google and/or a third party who make its software available in conjunction with or through the Google Toolbar.
May 2004
⌐2004 Google