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LICENSE.txt
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2006-05-15
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TERMS AND CONDITIONS
Thank you for trying out the Google Toolbar software! By using this
software, including any third party software made available in conjunction
with this software, ("Google Toolbar") you agree to be bound by the
following terms and conditions (the "Terms and Conditions").
Non-commercial Use Only
Google Toolbar is made available to you for your 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 (except
as provided below), 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.
You may make copies of the Google Toolbar and distribute such copies to
others within your employer's organization provided that any such
recipient has had an opportunity to review and agree to be bound by these
Terms and Conditions. If others within your organization do not have
this opportunity to review and agree and you would still like to
distribute copies to them, you may do so provided that you have the legal
right to bind your organization (and others within your organization) to
these Terms and Conditions. If you do not have this right and the
recipients do not have an opportunity to review and agree to these Terms
and Conditions, please do not distribute the Google Toolbar to them. If
you have any questions regarding the terms of distribution, please send an
email to toolbar-feedback@google.com.
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 rights, 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 makes 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.
December 2003