Non-Commercial Use Only
The Speedbit Toolbar is made available to you for your non-commercial use only. This means that you need to obtain Speedbit's permission if you want to sell the Speedbit 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 Speedbit Toolbar. In that case, please contact us. Furthermore, you may not use the Speedbit Toolbar in any manner that could damage, disable, overburden, or impair Speedbit's search services (e.g., you may not use the Speedbit Toolbar in an automated manner).
If you have comments on Speedbit Toolbar or ideas on how to improve it, please send us a message. Please note that by doing so, you also grant Speedbit and the Third Party permission to use and incorporate your ideas or comments into the Speedbit Toolbar (or third party software) without further compensation.
You acknowledge that Speedbit and/or the Third Party (as applicable) own all right, title and interest in and to the Speedbit Toolbar, & the Third Party software and any portions thereof, or software provided through or in conjunction with the Speedbit 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 Speedbit Toolbar and/or Third Party software. You also agree to not remove, obscure, or alter Speedbit'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 Speedbit Toolbar and/or Third Party software.
Disclaimer of Warranties
Speedbit and any Third Party disclaim any responsibility for any harm resulting from your use of the Speedbit Toolbar and/or any third party software accessed in conjunction with or through the Speedbit Toolbar.
THE SPEEDBIT TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPEEDBIT TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SPEEDBIT 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. SPEEDBIT AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPEEDBIT TOOLBAR DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SPEEDBIT TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE THE SPEEDBIT TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPEEDBIT TOOLBAR ARE 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 SPEEDBIT 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 SPEEDBIT OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPEEDBIT TOOLBAR, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SPEEDBIT 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 SPEEDBIT 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 SPEEDBIT TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPEEDBIT TOOLBAR, FROM INABILITY TO USE SPEEDBIT TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPEEDBIT TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SPEEDBIT TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPEEDBIT 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.
Changes To This Agreement
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Israel, without giving effect to the conflict of laws provisions of Israel 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 Speedbit and/or a third party who make its software available in conjunction with or through the Speedbit Toolbar.
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Last Update: August 2007