End user agreement for FirstStop WebSearch Business Edition
FirstStop WebSearch™ Business Edition License Agreement.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THIS SOFTWARE, ALONG WITH YOUR RECEIPT, TO FIRSTSTOP WEBSEARCH, LLC, AND YOUR MONEY WILL BE REFUNDED. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FIRSTSTOP WEBSEARCH, LLC ("LICENSER") WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
GRANT OF LICENSE
Subject to the terms of this Agreement, FIRSTSTOP WEB SEARCH LLC hereby grants you a perpetual, non-exclusive, non-transferable right to install and use the Software only on the number of computers for which you have purchased a license.
FREE TRIAL VERSION: To examine the Software before purchase, you may download a free trial version of the Software that you may use only for a limited trial period (the "Trial Period"). At the end of your Trial Period, the Software must either be purchased or destroyed.
FIRSTSTOP WEB SEARCH LLC. and/or its licensors reserve all rights not expressly granted to you herein. This license is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of FIRSTSTOP WEB SEARCH LLC. and its licensors. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with FIRSTSTOP WEB SEARCH LLC. The Software is protected, among other ways, by the copyright laws of the United States and international copyright treaties. All rights not expressly granted herein are retained by FIRSTSTOP WEB SEARCH LLC and its licensors.
The Software is owned by FIRSTSTOP WEB SEARCH LLC and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (i.e., a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Software.
You may not rent or lease the Software, but you may transfer the Software and accompanying written materials on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software. If Software is an update, any transfer must include the update and all prior versions.
FIRSTSTOP WEB SEARCH LLC warrants that (a) the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of receipt; and (b) any hardware accompanying the Software will be free from defects in materials and workmanship under normal use and service for a period of one year from the date of receipt. Any implied warranties on the Software and hardware are limited to 90 days and one (1) year, respectively. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
FIRSTSTOP WEB SEARCH LLC's entire liability and your exclusive remedy shall be, at FIRSTSTOP WEB SEARCH LLC's option, either (a) the return of the price paid or (b) the repair or replacement of the Software or hardware that does not conform to FIRSTSTOP WEB SEARCH LLC's Limited Warranty and which is returned to FIRSTSTOP WEB SEARCH LLC with a copy of your receipt. This Limited Warranty is void if failure of the Software or hardware has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA.
MAINTENANCE, SUPPORT AND UPDATES
FIRSTSTOP WEB SEARCH LLC is under no obligation to maintain, support, or update the Software in any way or to provide updates or error corrections. Subject to the terms and conditions herein, and provided that you have paid any applicable license and other fee(s), if you are a Commercial Use licensee, you will receive Software updates (as FIRSTSTOP WEB SEARCH LLC, in its sole discretion, releases from time to time), technical support via email, phone, and the Web for certain time periods set by FIRSTSTOP WEB SEARCH LLC. For further information, go to http://www.FIRSTSTOPWEBSEARCH.COM/support.html.
NO OTHER WARRANTIES
FIRSTSTOP WEB SEARCH LLC disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall FIRSTSTOP WEB SEARCH LLC or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this FIRSTSTOP WEB SEARCH LLC product, even if FIRSTSTOP WEB SEARCH LLC has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This Agreement will terminate immediately and automatically without notice if you breach any provision in this Agreement. Upon termination you will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At FIRSTSTOP WEB SEARCH LLC's request, you or your authorized signatory will certify in writing to FIRSTSTOP WEB SEARCH LLC that all complete and partial copies of the Software have been destroyed and that none remain in your possession or under your control. The provisions of this Agreement, except for the license granted warranty, will survive termination.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph(c)(1)(ii) of the Rights in Technical Data and Computer software clause at DFAR 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer software - Restricted Rights at 48 CFR 52.227-19 of FAR, or Clause 18 52.277-86(d) of NASA Supplement to the FAR, as applicable. Manufacturer is FIRSTSTOP WEB SEARCH LLC, 735 Tank Farm Road, Suite 250, San Luis Obispo, CAÿÿ93401.
You acknowledge and agree that the Software may be subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country except pursuant to an export control license under the Act and the regulations thereunder, or will be used for any purpose prohibited by the same. By using the Software, you are acknowledging and agreeing to the foregoing, and you are representing and warranting that you will comply with all of the United States' and other applicable country laws and regulations when either exporting, re-exporting, or importing the Software or any underlying information technology. Further, you represent and warrant that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals.
This Agreement is governed by the laws of the State of California without regard to conflict of laws, rules and principles. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign this Agreement in whole or in part, without FIRSTSTOP WEB SEARCH LLC's prior written consent. Any attempt to assign this Agreement without such consent will be null and void. This Agreement is the complete and exclusive statement between you and FIRSTSTOP WEB SEARCH LLC relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings of the parties, if any. In the case of any conflict between the terms of this Agreement and the provisions of any purchase order for the Software, the terms of this Agreement shall control.
Notice: The FirstStop WebSearch™ Free Edition is free for your non-commercial use, while the FirstStop WebSearch™ Business Edition and Visual Edition are for sale. Not all features are included in each edition of FirstStop WebSearch™. For a feature listing per product, see www.FirstStopWebSearch.com.
Notice: Search sources are provided as samples and are not endorsements of any particular search engine or resource. FirstStop Web Search LLC does not warrant or guarantee that FirstStop WebSearch™ is suitable for any particular search source.
Some search source connectors are created and distributed by users and developers not related to FirstStop Web Search LLC. The FirstStop WebSearch™ software features an open interface with an open specification to allow the public to create search engine connectors and for users of the Software to import search connectors from the Internet.
FirstStop Web Search LLC does not monitor, control, maintain, or claim ownership of publicly created search connectors; accordingly, they accept no responsibility relating to the use of these search source connectors. We do provide, as a convenience only, pre-installed links in our search engine update to sources of publicly created search engine connectors that we are made aware of. But we do not qualify or review the integrity of the creators or their products. You, as a user, have the ability to add or remove these links.
Since search engines frequently change their usage policy, we highly recommend that you review your intended search source's usage policy before using or purchasing FirstStop WebSearch™. By using FirstStop WebSearch™, you agree to release FirstStop Web Search LLC from any liability relating to the improper or illegal use of FirstStop WebSearch™.
Forward-looking statements, including but not limited to those concerning FirstStop Web Search LLC's future product development plans and the potential features of or benefits to be derived from the products developed, marketed, or sold by FirstStop Web Search LLC, involve a number of uncertainties and risks, and actual events or results may differ materially. Factors that could cause actual events or results to differ materially include, among others, the following: possible disruptive effects of organizational or personnel changes by FirstStop Web Search LLC, shifts in customer demand, market acceptance of new or enhanced products developed, marketed, or sold by FirstStop Web Search LLC, delays in scheduled product availability dates, actions or announcements by competitors, software errors, general business conditions and market growth rates in the client/server and Internet software markets.