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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
-