End user agreement for Amazon PCN IE Toolbar
BY INSTALLING THE APPLICATION YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT AND BY THE TIMBERFROG.COM TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THIS FREE SOFTWARE.
Subject to the provisions contained herein, the the Application and the database and information related are being offered to you by TimberFrog.com on an "AS IS" basis for your private personal use only.
You shall use the the Application only for lawful purposes and you shall not use it to indicate the status of a third party without first obtaining the third party's approval.
You shall not translate, decompile, reverse engineer, disassemble, modify, alter, merge into other software, reproduce, rent, lease, lend, distribute, publish, post, transmit, remarket or otherwise dispose of the the Application or any part thereof without prior written consent from TimberFrog.com staff.
NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE the Application IS GIVEN OR ASSUMED BY TIMBERFROG.COM. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION GIVEN BY TIMBERFROG.COM, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE OR CONSTITUTE A WARRANTY. THE ENTIRE RISK AS TO THE QUALITY, RESULTS AND PERFORMANCE OF THE the Application, IS WITH YOU.
Notwithstanding the above, TimberFrog.com does not warrant that the the Application will perform properly or completely or continue to be available. TimberFrog.com is not responsible for any information, including without limitation, online and offline messages and other forms of interpersonal communications available on or through the the Application, users' personal data. The the Application contains features that may link you to third parties websites, directories or servers. These features are provided by TimberFrog.com only as a convenience. TimberFrog.com is not responsible in any way for the content of any such linked websites, directories or servers, or any link contained in them.
IN NO EVENT SHALL TIMBERFROG.COM BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE the Application EVEN IF TIMBERFROG.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
TimberFrog.com is the sole proprietor of all the rights to the the Application. The the Application embodies trade secrets and intellectual property rights protected under United States and worldwide copyright and other laws. All title, ownership rights and intellectual property rights in the the Application shall remain with TimberFrog.com.
TimberFrog.com does not warrant or guarantee that the the Application will be error-free or that defects in the the Application will be corrected. TimberFrog.com does not warrant or guarantee 1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the functions or services performed by the Application will be uninterrupted or error-free or that defects will be corrected. It is your sole responsibility to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system. The the Application may have been provided to you on a free CD-ROM, or bundled with other equipment, products or services. You acknowledge that no payment was made by you for the CD-ROM, and if payments were made, they are made for the products and services and not for the CD-ROM and the Application.
You may use the the Application on more than one computer or distribute this version of the the Application to any other third party, as long as no fee is requested and the original package is intact or a small reasonable fee is charged for services as copying or installing the the Application software.
TimberFrog.com may terminate this license by providing a written notice or by posting a notice on the website. This license shall terminate automatically if you fail to comply with the provisions of this Agreement. TimberFrog.com may, at any time, revise, hold or cease to provide the the Application service or any part thereof, without prior notice.
The terms of this Agreement may not be amended or modified by you. TimberFrog.com shall have the right to assign its rights and obligations under this Agreement without further notice or consent. You may only assign your rights and obligations under this Agreement with the prior written consent of TimberFrog.com. Any other attempted assignment or delegation shall be void.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
TimberFrog.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties, nor trade practice shall serve to modify any provision of this Agreement.
Any cause of action you may have with respect to the the Application must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action is barred.
TimberFrog.com may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement.
TimberFrog.com may change, from time to time, the Terms and Conditions with or without a release of a new version of the the Application. You agree that your continuing to use the the Application for a period of 30 days after such notice has been provided on the TimberFrog.com website, shall constitute your consent to the new or revised set of the Terms and Conditions.
TimberFrog.com reserves rights to display any content on the Application windows.
Note that the Application, as other Internet applications, is vulnerable to all kind of security issues and therefore it should be considered unsecure. By using the the Application, you may be subject to various risks, including: spoofing, eavesdropping, spamming, breaking passwords, harassment, fraud, forgery, tampering, hacking, system contamination including use of viruses, worms and Trojan horses and other forms of activity that may even be considered unlawful. If you do not wish to be subjected to these risks, you are advised not to use the the Application. More, please do not use the the Application for "Mission Critical" or "Content Sensitive" applications and purposes.