End user agreement for ShopAtHome Toolbar
Terms and Conditions
BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, DISTRIBUTING OR COPYING THIS SOFTWARE ("THE SOFTWARE"), YOU AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE SOFTWARE LICENCE AND DISCLAIMER OF WARRANTY) WITH WINDOWS TOOLBAR THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENCE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, DISTRIBUTE OR COPY THE SOFTWARE.
THIS DOCUMENT CONSTITUES A LICENCE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW.
The Software is licensed to you without charge for use only upon the terms of this licence, and Windows Toolbar reserves all rights not expressly granted to you. Windows Toolbar retains ownership of all copies of the Software.
You may use the Software without charge.
You may distribute exact copies of the Software to anyone.
This licence is effective until terminated. The Licence will terminate automatically without notice if you fail to comply with any provision of this Licence. Upon termination you must destroy the Software and all copies thereof. You may terminate this Licence at any time by destroying the Software and all copies thereof. Upon termination of this licence for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights Windows Toolbar may have as a result of this agreement.
3. Disclaimer of Warranty, Limitation of Remedies
TO THE FULL EXTENT PERMITTED BY LAW, WINDOWS TOOLBAR HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN. THE SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WINDOWS TOOLBAR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU. WINDOWS TOOLBAR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WINDOWS TOOLBAR, IT'S DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IMPORTANT NOTE: Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which by virtue of any national or state Fair Trading, Trade Practices or other such consumer legislation may not be modified or excluded. If permitted by such legislation, however, Windows Toolbar' liability for any breach of any such warranty or condition shall be and is hereby limited to the supply of the Software licensed hereunder again as Windows Toolbar at its sole discretion may determine to be necessary to correct the said breach.
IN NO EVENT SHALL WINDOWS TOOLBAR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF WINDOWS TOOLBAR OR ANY WINDOWS TOOLBAR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT DOES WINDOWS TOOLBAR AUTHORISE YOU TO USE THE SOFTWARE IN SITUATIONS WHERE FAILURE OF THE SOFTWARE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD WINDOWS TOOLBAR HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORISED USE.
All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by Windows Toolbar.
This Agreement shall be governed by the laws of the State of New South Wales, Australia. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the State of New South Wales, Australia, and you consent to such jurisdiction and venue. This agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by Windows Toolbar in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in force and effect.