Search Bar EULA
Welcome to the Default Tab Search Bar. By downloading and installing the Default Tab Search Bar, you agree to be legally bound by this following End User License Agreement (this “EULA”). As used in this EULA, the “Default Tab Search Bar” or “Software” means the search bar software designed to work with the internet web browser installed on your computer, including any updates, revisions, patches or other modifications from time to time to this software. This EULA applies to any Search Results Toolbar branded with third party brands.
Search Results reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. You can always find the most recent version of this EULA at http://www.mysearchresults.com/privacy-policy. Search Results may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes.
Grant of Limited Use License
If you agree to this EULA, you may install and personally use the Search Results Toolbar and any updates provided by Search Results in object code form on a personal computer owned or controlled by you. Subject to your agreement to and continuing compliance with this EULA (as it may be amended by Search Results from time to time), Search Results hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Search Results Search Bar consistent with the Permitted Uses and Restrictions provided below. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
By agreeing to this EULA, your permitted uses and restrictions with respect to the Software are as follows:
Generally: You may use the Default Tab Search Bar to enhance your Internet surfing experience by being provided with relevant references displayed in your browser.
You acknowledge and agree that during installation, You may be prompted by the Software to apply changes to your Internet Browser settings. Such changes may be approved by You in advanced. Such changes may include the following:
- Change the default search engine in Your Internet Browser’s built-in search box, if such a search box exists in your browser.
- Change the default Homepage of your Internet Browser.
- Add alternative “page not found” functionality.
- Allow software updates of the Toolbar once a new version is released.
- Enable search from the Address Bar of your Internet Browser.
When installed on your computer, the Software periodically communicates with our servers. We may update the Software on your computer when a new version is released or when new features are added. These updates occur automatically. We also reserve the right to add features or functions to the Software. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software.
You may not use the Search Results Search Bar in any manner that could damage, disable, overburden or impair Search Results’ search services (e.g., you may not use the Search Results Search Bar in an automated manner) or in any way to transmit, directly or indirectly, any unsolicited bulk communications; decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the Search Results Search Bar or any portion thereof; or use the Search Results Search Bar in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, including without limitation engaging in any click fraud or other similar conduct to fraudulently earn points/commissions/rewards, etc. via the Search Results Search Bar or Search Results web properties. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software. If you violate these restrictions, we reserve the right terminate your right to use the Search Results Search Bar at any time and to pursue any legal remedy against you available to us.
All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to Search Results and Search Results holds title to each copy of the Software. You agree not to remove or alter our or any third party’s trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property.
Third Party Applications
The Default Tab Search Bar may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and this EULA does not apply to your use of such other third party application, regardless of whether the Default Tab Results Search Bar and such application came bundled together.
This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of Software in your possession. Search Results may terminate this EULA, in its sole discretion, if you breach any of the terms and conditions, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Search Results’ proprietary rights shall survive any such termination. You agree that Search Results shall not be liable to you or any third-party for any termination of your access to the Software or the services provided thereby.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS 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 THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SEARCH RESULTS MAKES NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation Of Liability
SEARCH RESULTS SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL SEARCH RESULTS OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SEARCH RESULTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY SEARCH RESULTS SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS SEARCH RESULTS, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. ACCORDINGLY, SEARCH RESULTS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT SEARCH RESULTS WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
Data Collection and Privacy
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
Government End Users
The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth in this EULA.
This EULA is governed by and interpreted under the laws of the State of Minnesota, without regard to conflict of law provisions. All actions relating to this EULA and the Software shall be brought exclusively in the state or federal court situated in Hennepin County, in the State of Minnesota, and you and Search Results irrevocably submit to the personal jurisdiction and venue of such courts for the purposes of any dispute arising from this EULA. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. Search Results may assign this EULA to any entity at its sole discretion and without notice to you.
YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE SEARCH RESULTS TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by Search Results, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SEARCH RESULTS, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. WE RESERVE THE RIGHT TO MODIFY THIS EULA FROM TIME TO TIME. NOTICE OF SUCH CHANGES WILL BE MADE ON THE SEARCH RESULTS WEBSITE AS SET FORTH HEREIN.
Copyright © 2011 Search Results, LLC.
Effective Date: April 15, 2011