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GENIEKNOWS TOOLBAR LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT.
BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE GENIEKNOWS TOOLBAR SERVICE AND/OR SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE GENIEKNOWS TOOLBAR SERVICES AND/OR SOFTWARE.
1. LICENSE GRANT. "You" means the person or company who is being licensed to use the software and/or service. "We", "us" means GenieKnows.com, "Software" means software owned by GenieKnows.com and selected third party software, including any upgrades, modified versions, updates, additions and copies of the software.
We hereby grant you a nonexclusive, non-transferable, limited license to use one copy of the Software on the computer which this license agreement was accepted on subject to terms and conditions set forth below. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.
2. TITLE. This license is not a sale. We remain the owner of all right, title and interest in the Software.
3. ARCHIVAL OR BACKUP COPIES. You may not keep back up copies of this software.
4. THINGS YOU MAY NOT DO. United States copyright laws and international treaties protect the Software. You must treat the Software like any other copyrighted material--for example a book. You may not:
-- copy the Software in any form,
-- modify or adapt the Software or merge it into another program,
-- reverse engineer, disassemble, decompile or make any attempt to discover the source code of this Software,
-- place the Software onto a server so that it is accessible via a public network such as the Internet, or
-- sublicense, rent, lease or lend any portion of the Software or Documentation.
5. LIMITED WARRANTY. Use of GenieKnows.com software and/or service is at your own risk. GenieKnows.com provides the software on an "as is", "where is" basis with out warranty of any kind, either express, implied or statutory.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs.
IN NO EVENT SHALL GENIEKNOWS BE LIABLE TO ANYONE FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE. YOU ASSUMES THE ENTIRE RISK FOR THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.
No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITED REMEDY. GENIEKNOWS.COM`S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED $1 (ONE DOLLAR) OR THE FEE, IF ANY, PAID BY LICENSEE FOR THE SOFTWARE, WHICHEVER IS GREATER.
7. DAMAGE LIMITATIONS. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SEPCIAL, INCIDETNAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
YOU EXPRESSLY RELEASE INDEMNIFY GENIEKNOWS, IT’S EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, PARTNERS, ADVERTISERS, BOARD OF DIRECTORS FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION BOTH KNOWN AND UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE AND/OR GENIEKNOWS.COM THE RIGHTS GRANTED HEREIN ARE PERPETUAL AND WORLDWIDE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE OR TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSED HEREUNDER.
8. TERM AND TERMINATION. This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying the Software in your possession. You agree on termination of this license to destroy all copies of the Software in your possession. You may uninstall the software by following the instructions available on GenieKnows.com ’s web site http://www.GenieKnows.com.
9. CONFIDENTIALITY. The Software contains trade secrets and proprietary know-how that belong to us and it is made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
10. CHILDREN 13 YEARS OLD AND UNDER. If you are thirteen years old or younger, you are prohibited from downloading, registering, or using the Service. By using the Service, you warrant to GenieKnows.com that you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.
11. CONSENT OF USE. You agree, it is your sole responsibility to inform all users of computer that you have caused the software to reside that you will obtain their consent to this agreement before allowing them to use the computer to connect to the internet.
12. UPDATES. You grant GenieKnows.com permission to add/remove features and/or functions to the existing software and/or service, or to install new applications, at any time, in its sole discretion with or without your knowledge and/or interaction. You also grant
GenieKnows.com permission to make any changes to the software and/or service provided at any time.
13. SERVER INTERACTION. You understand and accept that when the software is installed, it periodically comminutes with a server operated by GenieKnows.com and/or third party servers.
14. INFORMATION COLLECTION. You understand and grant GenieKnows.com permission to assign each copy of the software an unique software identify code. You also grant GenieKnows.com permission to collect and store information of your internet usage habit, including but not limited to information about every web page you view with the full Uniform Resource Locators, and the content of web page. You understand and accept that Uniform Resource Locators and the content of web pages you view may include your personally identifiable information. You grant GenieKnows.com permission to collect and store information on which toolbar buttons you click on, your response to advertising, the search terms you entered on the toolbar and/or all other information relates to your internet usage habit. GenieKnows.com may at times ask you for your personally identifiable information, such as name, address, email address, zip code, telephone number. You hereby grant GenieKnows.com permission to distribute your non personally identifiable information to our partners, agents, and/or any third party in GenieKnows.com’s sole discretion. GenieKnows.com does not currently enable users to access, review, edit, or delete information, including internet usage information, collected during use of the Service. By using the GenieKnows.com Software and/or Service you agree to waive any constitutional, common law, statutory, or regulatory right of access to such information that you might otherwise have or acquire.
15. WEB SITES OPT OUT. You accept that persons who make information available on the Web do so with the expectation that such information will be publicly and widely available and will be indexed by information location tools such as search engines. You also accept that making links to publicly accessible web pages available from our Service is legally permissible and consistent with the common, customary expectations of those who make use of the Web. If access to a particular Web site is restricted, we will remove the link to that site from the Service at the site operator’s request. If, however, the operator of the site does not take steps to prevent it, GenieKnows.com is likely to find it and index it again. Site operators should e-mail support@GenieKnows.com to have the link remove.
16. ARBITRATION. Any claim or controversy arising out of or related to this Agreement, or the products or services we provide and/or distribute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. You agree to pay any/all direct and/or indirect costs arising out or related to the claim and/or controversy, including but not limited to legal costs, transportation, accommodation, telephone calls. You also agree to pay GenieKnows.com $300 per hour to attend arbitration including transport time. The foregoing shall not preclude GenieKnows.com from seeking any injunctive relief for protection of GenieKnows.com—s intellectual property rights.
17. GENERAL PROVISIONS.
a). This written license agreement is the exclusive agreement between you and us concerning the Software and service and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
b). GenieKnows.com reserves the right to modify this license agreement at anytime without notification. You agree that your continued use of the Software and/or Service following any changes to this agreement and after the changes take effect will constitute your acceptance of such changes.
c). In the event of dispute resolution between us concerning the software or service or this agreement, you agree to pay all direct and/or indirect costs arising out or related to the dispute, claim or controversy, including but not limited to all legal costs, transportation, accommodation, telephone calls. You also agree to pay GenieKnows.com US$300 per hour to attend dispute resolution events including transport time.
d). This license agreement is governed by the laws of the province of Nova Scotia, Canada. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
e). You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
f) If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
g). GenieKnows.com’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of GenieKnows.com’s right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
h). Any rights not expressly granted herein are reserved.
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smartgenie@smartgenie.com
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