PLEASE READ THE FOLLOWING
LICENSE AGREEMENT CAREFULLY.
ONCE INSTALLED, THE "AD-AWARE SECURITY TOOLBAR" POWERED BY YAHOO (herein referred to as the "AD-AWARE SECURITY TOOLBAR") WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE THE MICROSOFT INTERNET EXPLORER AND/OR MOZILLA FIREFOX BROWSER PROGRAMS. BEFORE YOU CAN USE AD-AWARE SECURITY TOOLBAR HOWEVER, YOU MUST ACCEPT THE FOLLOWING AGREEMENT (the "AGREEMENT"). If you agree to the following Agreement between you (the "USER") and 'Lavasoft Limited' ("LICENSOR"), you will be granted the following limited rights to install and use the AD-AWARE SECURITY TOOLBAR:
A. You may use the AD-AWARE SECURITY TOOLBAR for personal use, on a single computer per legitimate copy which you download from LICENSOR. If you wish to use the AD-AWARE SECURITY TOOLBAR for commercial use or if you wish to redistribute the AD-AWARE SECURITY TOOLBAR to others, you will require the prior express written authorization of LICENSOR;
B. You may not otherwise reproduce, distribute, transmit, print or transfer information related to the AD-AWARE SECURITY TOOLBAR.
BY PROCEEDING TO INSTALL THE AD-AWARE SECURITY TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, AD-AWARE SECURITY TOOLBAR WILL MODIFY THE SETTINGS OF YOUR BROWSER CONCERNING "DNS ERROR PAGE", "ERROR 404 PAGE", "ADDRESS BAR SEARCH", "NEW TAB" AND "DEFAULT BROWSER SEARCH". FURTHERMORE, ONCE INSTALLED, THE AD-AWARE SECURITY TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO LICENSOR and/or VISICOM MEDIA, Inc. ("VISICOM") VIA ("APPLICATIONSTAT.COM") TO HELP LICENSOR COMPILE GLOBAL STATISTICS CONCERNING USAGE OF AD-AWARE SECURITY TOOLBAR BY USERS (for example concerning the number of installations and unique users, the number of clicks which the AD-AWARE SECURITY TOOLBAR receives, the number of searches performed by users, etc.). Such statistical information will not include any personally identifiable information regarding users.
Personal Identifiable Information (PII):
AD-AWARE SECURITY TOOLBAR does not collect personal identifiable information.
You may uninstall this program at any time and with no limitations, either by using the uninstaller provided with the software, or by using the standard uninstall procedures offered with your computer's operating system or internet browser. To uninstall the AD-AWARE SECURITY TOOLBAR using your computer's operating system, open your computer's control panel, and select "Programs and Features" or "Add or Remove Programs" depending on your operating system. Find "AD-AWARE SECURITY TOOLBAR" in the list of installed programs, and click on it to begin the un-installation process.
EVEN IF YOU ACCEPT THIS AGREEMENT, IT IS STRICTLY PROHIBITED TO:
A. Modify the AD-AWARE SECURITY TOOLBAR in part or in its entirety;
B. Decompile or reverse engineer the AD-AWARE SECURITY TOOLBAR.
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO USE AD-AWARE SECURITY TOOLBAR WILL BE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH LAVASOFT LIMITED MAY SEEK. THE USER MAY CANCEL HIS LICENSE TO USE AD-AWARE SECURITY TOOLBAR BY UNINSTALLING AND DESTROYING OR ERASING ALL COPIES OF AD-AWARE SECURITY TOOLBAR UNDER HIS CONTROL.
EXCLUSION OF WARRANTY:
AD-AWARE SECURITY TOOLBAR IS PROVIDED UNDER LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF AD-AWARE SECURITY TOOLBAR IS BORNE BY THE USER. LICENSOR MAY, AT ANY TIME, TERMINATE THIS AGREEMENT BY NOTIFYING THE USER OF AD-AWARE SECURITY TOOLBAR.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL LICENSOR, OR VISICOM, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF AD-AWARE SECURITY TOOLBAR BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS INCURRED BY THE USER AND ARISING OUT OF THE USE OR INABILITY TO USE AD-AWARE SECURITY TOOLBAR, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
"AD-AWARE SECURITY TOOLBAR" is a trademark of LICENSOR and is protected by international laws on trademarks and intellectual property. Use of the products' names is strictly forbidden unless it's used with the express written permission of LICENSOR.
AD-AWARE SECURITY TOOLBAR, including its code, documentation, appearance, structure, and organization is an exclusive product of LICENSOR AND VISICOM, which retains all intellectual property rights concerning AD-AWARE SECURITY TOOLBAR, its copies, modifications, or merged parts, including any copyrights and invention rights.
GOVERNING LAW AND FORUM:
This Agreement will be governed and interpreted according to the laws applicable within the State of New York and U.S. federal laws (excluding the application of its conflicts of law rules). Any judicial proceedings relating to this Agreement must be presented in the Judicial District the Federal District Court of the Southern District of New York located in New York, NY, to the exclusion of any other courts or jurisdiction.