MySpace Booster 1.0


EULA - End User License Agreement



MySpace Booster Toolbar Terms of Use
(posted: http://www.myspacebooster-toolbar.com/termsofuse)

These TOOLBAR TERMS OF USE govern your use of the Toolbar only. Other terms of use govern any other software that you may choose to install on your computer.

IMPORTANT: READ CAREFULLY BEFORE INSTALLING AND/OR USING THE TOOLBAR (AS DEFINED BELOW). Your use of the MySpace Booster Toolbar software and any updates thereto (the "Toolbar") constitutes your acceptance of these terms of use of this Toolbar ("Toolbar Terms of Use") provided to you by ProfileMine ("we", "us", or "the Company"), and the Third Party Beneficiary (defined below) and the licensor of the Toolbar, Candeo Technologies Ltd. ("Candeo"). By clicking on our "I Agree" or "Accept" button, installing, copying or otherwise using the Toolbar, you agree to be bound by these Toolbar Terms of Use. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE TOOLBAR.

Toolbar Functionality
The Toolbar is a browser plug-in powered for us by Candeo, which provides you easy access to search results from anywhere on the web by installing a space-efficient search box just below your browsers address bar. Search queries are directed to myspacebooster-toolbar.com, and the search results from the leading search providers appear immediately on your screen in response to any such queries. The Toolbar also includes a shopping feature that gives you instant price comparisons when you shop online via a small message window that alerts you of potential savings as you browse products on certain merchants? websites. The shopping feature has a list of known retail sites that it uses to trigger automatic price comparisons and product searches from our comparison shopping partner. If relevant information is found related to a particular product you are viewing, it will alert you. Any web page visited that is not recognized as a retail site will result in no information being sent to our or our comparison shopping partner?s servers. You may turn off the shopping feature at any time by going to Preferences within the shopping feature pull down menu and electing ?None? in the Notifications option.

Removal of Toolbar
YOU CAN UNINSTALL THE TOOLBAR ON INTERNET EXPLORER AT ANY TIME BY USING THE STANDARD ADD/REMOVE PROGRAMS FUNCTIONALITY WITHIN YOUR WINDOWS CONTROL PANEL OR BY SELECTING UNINSTALL FROM THE TOOLBARS SEARCH PULLDOWN MENU.

YOU CAN UNINSTALL THE TOOLBAR ON FIREFOX AT ANY TIME BY USING THE EXTENSION MANAGER WITHIN THE BROWSER.

IF YOU EXPERIENCE ANY DIFFICULTY IN UNINSTALLING THE TOOLBAR, PLEASE REFER TO http://www.myspacebooster-toolbar.com/help OR CONTACT US AT support@myspacebooster-toolbar.com

Privacy
Your privacy is very important. The Toolbar will NOT install any third party applications to your computer. We do NOT collect, receive or store any personally identifiable information about you or any information about your general Internet usage or computer usage via the Toolbar. We will not serve any advertisements to you via a "pop-up" or "pop-under" window via the Toolbar. If you choose to use the Toolbar, you may receive sponsored search results based on your search requests on the search results page delivered by the Toolbar. The information we (or a third party acting on our behalf) may collect and receive is limited to non-personally identifiable information including: unique Toolbar ID, your IP address, the Toolbars source ID, version of the Toolbar you downloaded, type of operating system and version of browser that you are running, end-user machine specific ID ("unique hash"), time and date of the Toolbars original activation or update/update check-in, whether the Toolbar is hidden, and search terms you used to search using the Toolbar. Furthermore, the Toolbars search results pages will only set a cookie onto your computer if you select a "Preference" from our search results pages to customize how our search results are delivered to you. Please refer to our full privacy policy for the Toolbar at http://www.myspacebooster-toolbar.com/privacy for more information.

Authority
You represent and warrant that you are duly authorized and have the authority or consent from the owner of the computer on which you wish to download and install the Toolbar.

Third Party Beneficiary
Candeo has authorized us to distribute and sublicense the Toolbar to you and other end users as provided in these Toolbar Terms of Use and is an intended third party beneficiary ("Third Party Beneficiary"). As a Third Party Beneficiary to these Toolbar Terms of Use, Candeo is entitled to directly enforce, in its own name, the rights and obligations undertaken by end users and to seek all legal and equitable remedies as are afforded to us.

Rights Granted
We grant you a nonexclusive, nontransferable, limited license permitting you to download and install the Toolbar solely for your personal use. You shall not use the Toolbar in any manner that could damage, disable, overburden, or impair the search services. The rights granted to you hereunder shall not be assigned, sublicensed, or otherwise conveyed to any other person, organization, or entity. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Toolbar. You may not copy the Toolbar. You may not translate, reverse-engineer or decompile, make derivative works from, or otherwise attempt to discover any source code in the Toolbar. You may not modify the Toolbar or use it in any way not expressly authorized by these Toolbar Terms of Use or us. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that the introduction of software features, components and upgrades may not be consistent across all platforms and that the performance and features offered may vary depending on your computer and related equipment.

Amendment
We may modify or otherwise amend these Toolbar Terms of Use at any time without prior notice to you. Any such modifications shall be deemed effective immediately upon publishing on the website located at http://www.myspacebooster-toolbar.com/termsofuse (the "Site"). For clarity, should any of these Toolbar Terms of Use differ from the Toolbar Terms of Use published on the Site, the version published on the Site shall govern. You agree to the amended Toolbar Terms of Use by continuing your use of the Toolbar. If you do not agree with the modified terms, your only remedy is to discontinue using the Toolbar or to remove it from your computer.

Export Restriction
You will not export or re-export, directly or indirectly, the Toolbar into any country prohibited by the United States Export Administration Act and the regulations thereunder or those of any foreign agency or authority.

Ownership
You do not become the owner of the Toolbar. As between you and us, we are the owner or licensee of all intellectual property rights in and to the Toolbar (excluding the Content). By these Toolbar Terms of Use, you are conveyed only a limited right to access and use the Toolbar. All rights not specifically granted herein, including Federal and International copyrights, are reserved by us or our licensors, as applicable..

Content and Disclosure
You understand that all content resulting from your search queries, including, without limitation all data, links, articles, search results, photographs or other materials ("Content") made available or accessible through the Toolbar, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Toolbar, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any risks associated with the integrity, quality, legality, accuracy or completeness of such Content. You acknowledge that we do not control or have knowledge of the Content made available or accessible through the Toolbar.

Toolbar Updates
The Toolbar will automatically communicate with our, Candeos or a third partys servers to check for and install updates to the Toolbar, such as bug fixes, new features, registry settings, and other modifications only if you opt-in to automatically receive such updates when first prompted after initially installing the product. Otherwise, you will be prompted for every such update, and you may choose when so prompted to accept or decline the update. When you consent to the receipt and installation of such updates, you agree that all such updates to the Toolbar shall be governed by these Toolbar Terms of Use.

Content
We may provide links to Internet sites or resources not owned or controlled by us, including the search results you receive. Because we have no control over such sites and resources, you acknowledge and agree that neither Candeo nor we are responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Neither Candeo nor we shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Disclaimer of Warranties and Limitation of Liability
THE TOOLBAR, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND AND ARE PROVIDED ON AN AS IS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND CANDEO FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE TOOLBAR, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CANDEO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE TOOLBAR, THE SERVICES OR THE CONTENT, EVEN IF WE OR CANDEO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF EITHER OF CANDEO AND ANY OF ITS AFFILIATES AND US UNDER ANY PROVISION OF THESE TOOLBAR TERMS OF USE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification
You agree to release, indemnify, defend, and hold us harmless and hold harmless Candeo, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneys fees and costs due to or arising out of your use, installation, or download of the Toolbar or your breach of these Toolbar Terms of Use.

Termination
You may terminate these Toolbar Terms of Use at any time by uninstalling the Toolbar from the computer. Please note that you may also be required to uninstall other software programs you chose to install from us at the same time.

General
These Toolbar Terms of Use shall be governed by the laws of England and Wales. These Toolbar Terms of Use contain the complete agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in these Toolbar Terms of Use shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of these Toolbar Terms of Use, which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the parties intent in entering into these Toolbar Terms of Use.

Updated: June 27, 2007



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Users Rating:  
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Downloads: 213
Updated At: 2024-02-21
Publisher: profilemine
Operating System: windows
License Type: Free