End-User License Agreement
Thank you for trying the Clusty Toolbar software ("Toolbar")! Before you download the Toolbar you must read and fully consent to this End-User License Agreement (the "Agreement"). Your download, installation and use of the Toolbar (including any third party software made available in conjunction with this software) are governed by this Agreement and you agree to be bound by the following terms and conditions (the "Terms and Conditions"). By using the Toolbar, you also consent to the Clusty Toolbar Privacy Policy
Personal Use Only
Any references to the pronoun "you" or "your" anywhere in this Agreement are intended to refer to any one Authorized User and to all Authorized Users of the Toolbar and the Toolbar Services. You are only authorized to use the Toolbar and the Toolbar services for your personal use only (at work or at home) and not for any commercial purpose. Personal use only means that you may use it at work or at home, to search for anything you want. But you first need to obtain Vivísimo's permission if you want to sell, modify, copy, license, or create derivative works from the Toolbar. Furthermore, you may not use the Toolbar in any manner that could damage, disable, overburden, or impair Vivísimo's search services. You may NOT use the Toolbar in an automated manner, nor may you use the Toolbar in any manner that could interfere with any other party's use of Vivísimo's services. The Toolbar Services that are enabled through the Toolbar are subject to change from time to time, and by installing or using the Toolbar, you consent to our adding, changing or removing Toolbar Services made available in conjunction with or through the Toolbar.
Limited License to Use the Toolbar
The Toolbar is designed to be used in conjunction with Vivísimo's meta-search services. Accordingly, your use of the Toolbar is also defined by the general terms and conditions of use applicable to the Clusty Web site located at www.clusty.com. We hereby agree to grant to you, a non-exclusive, limited license, to download, install and use the most recent version of the Toolbar subject to the provisions set forth in this Agreement. We may, but need not, issue changes, patches, and fixes (collectively, "Upgrades") to the Toolbar. If and when we issue Upgrades to the Toolbar to the general public or otherwise, we may, but are not required to, make such Upgrades available to you. The Toolbar shall include such Upgrades and the updated Toolbar shall be governed by the terms of this Agreement. If you have the current version of the Toolbar installed on your authorized computer, and we decide to make Upgrades available to you, we may automatically download the Upgrades onto your authorized computer. By first downloading and installing the Toolbar onto your authorized computer, you agree that we may automatically provide such Upgrades to you at our discretion without any requirement for further approval or consent from you or notification to you. We may also determine from time to time, in our discretion, that in order to provide you with new Upgrades, you will need to review this Agreement (as such may be amended by us in our discretion) again and accept them again, before you are permitted to download and install any such Upgrades.
Intellectual Property
You acknowledge that Vivísimo or third parties own all rights, title and interest in and to the Toolbar, portions thereof, or software provided through or in conjunction with the Toolbar, including without limitation all Intellectual Property Rights. The Product is protected by copyright and other intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Toolbar. You may not copy or otherwise use the Product, in whole or part, except as expressly permitted by this Agreement. You also agree to not remove, obscure, or alter Vivísimo's or any third party's copyright notice, trademarks, or other proprietary rights notices. Portions of the Product may have been developed by one or more third parties, who shall each have the right and ability to enforce those provisions of this Agreement which relate to intellectual property and confidentiality restrictions and protections.
Disclaimer of Warranties
Vivísimo and any third party who makes its software available in conjunction with or through the Toolbar disclaim any responsibility for any harm resulting from your use of the Toolbar and/or any third party software accessed in conjunction with or through the Toolbar.
THE TOOLBAR IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER WITH RESPECT TO ITS FUNCTIONALITY, OPERABILITY OR USE, AND NEITHER COMPANY NOR ITS LICENSORS WARRANT THAT THE PRODUCT WILL MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR THAT THE PRODUCT IS ERROR-FREE. YOU UNDERSTAND AND AGREE THAT THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF THE TOOLBAR IS WITH YOU. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE CLUSTY TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLUSTY TOOLBAR 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 CLUSTY TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
Limitation of Liability
IN NO EVENT SHALL VIVISIMO OR ANY OTHER PARTY WHICH HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER FOR USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR LOSSES RESULTING FROM SYSTEM INTERRUPTION OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY UNDER WHICH THE LIABILITY MAY BE ASSERTED, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT WILL VIVISIMO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, USE OR MISUSE, UNINSTALLATION, OR RELIANCE UPON THE TOOLBAR OR THE TOOLBAR SERVICES.
Miscellaneous Provisions
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.
If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. No waiver of any right under this Agreement shall be effective unless given in writing by an authorized representative of Vivísimo. No waiver by Vivísimo of any right shall be deemed to be a waiver of any other right of Vivisimo arising under this Agreement. This Agreement shall be governed and construed in all respects by the laws of the Commonwealth of Pennsylvania, without giving effect to principles of conflict of laws. Any notice required or permitted to be given under this Agreement shall be given in writing and shall be effective from the date delivered by hand or sent by registered mail, certified mail or overnight courier.