1. Agreement
This End-User License Agreement ("EULA") is a legal agreement between you and the Mindspark Interactive, Inc. and its parent, affiliate and subsidiary companies (collectively, "Mindspark", "we", "us" or "our") for the MS Products. By installing or otherwise using the MS Products, you: (a) agree to be bounded by the terms of this EULA, (b) you are the owner or an authorized user of the computer or mobile device in which the MS Product will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it. The terms of this EULA also applies to any MS Product updates, supplements, and services. If you do not agree to the terms of this EULA, do not install or use the MS Products. Mindspark may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the MS Products. If you have any questions or concerns regarding the terms herein, please email Mindspark at eula@help.mindspark.com. Do not use the MS Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
By downloading a MS Product, you will be installing a software application onto your computer which will appear on your desktop or within one or more of your Internet browsers. The MS Product will allow you to search the Internet, and may provide you with additional features as further described in this EULA. During the download of a MS Product you may also be offered the opportunity to set your browser homepage, start page, new tab page and/or default search setting(s) to our search service. If you do not wish to reset your setting(s), you can decline/opt-out of the setting(s) change by unchecking the appropriate checkbox during the download process for the relevant MS Product. The search features, as well as other non-search-related features may be customized by you. Use of such features and settings is subject to our Terms of Service and Privacy Policy, which are hereby incorporated into this EULA by reference.
2. Age Requirement
You must be 13 years of age or older to install or to use the MS Products. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the MS Products for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a MS Product, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the MS Products or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the MS Products, please contact us at eula@help.mindspark.com.
3. Grant of License
Subject to your compliance with the terms and conditions of this EULA, Mindspark grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the MS Products (including all updates thereto) solely for your lawful, personal, and non-commercial use.
4. Description of Other Rights and Limitations
A) Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the MS Products or use the MS Products for the benefit of any third party. You may not install the MS Products on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the MS Products, except to remove our MS Products from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any MS Products, or attempt to do so for any reason. You may not access, create or modify the source code of any MS Products in any way. You do not have the right to and may not create derivative works of any MS Products. All modifications or enhancements to an MS Products remain the sole property of Mindspark.
B) MS Products Updates. We reserve the right to add or remove features or functions to existing MS Products. When installed on your computer, the MS Products periodically communicates with our servers. We may require the updating of the MS Products on your computer when we release a new version of the MS Products, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the MS Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the MS Products.
C) Mobile Usage. If you access an MS Product through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using certain MS Products may be prohibited or restricted by your network provider and not all MS Products may work with your network provider or device.
5. MS Product Functionality
MS Products allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "MS Product Functions"). The MS Product Services are provided by Mindspark and third party suppliers who offer content and services in conjunction with or through an MS Product (the "Third Party Partners"). The MS Product Functions may be provided via your desktop, within your browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer), or within separate browser windows displayed over or under your principal browser window or by other means. MS Products Functions may provide you with Internet search functionalities (for example, via a search box located within the MS Product itself), the ability to reset your homepage, start page and/or tab page, the ability to reset your browser default search setting (thereby allowing you access to our Internet set features via your browser's address bar, omnibox and/or chrome search box), and/or links to other Mindspark products or websites. In addition, an "Easy Installer" may be downloaded to install the MS Product. This installer is automatically deleted the first time you turn off or reboot your computer following installation of the MS Product.
ButterflyField™: The Butterfly Field toolbar provides instant access to customizable butterfly screensaver features, information on butterfly species, a screen saver settings menu, etc. The Butterfly Field toolbar may include a separate software application available as a widget and displayed as a button on the Butterfly Field Toolbar. The ButterflyField Software includes features and functionalities that incorporates the following additional open software and is subject to the notices provided in the following notice located here.
Elite Unzip Toolbar provides the ability to compress and decompress files, which incorporates the following open source software:
SevenZipSharp uses the following open source code and is licensed under the GNU LGPL v3, available at http://sevenzipsharp.codeplex.com/license
7-Zip uses the following open source code and is licensed under the GNU LGPL v3, available at http://www.7-zip.org/license.txt
MARINE AQUARIUM LITE: The Marine Aquarium Lite Toolbar includes one or more of the following additional software downloads or features provided by the following Third Party Partner:
Prolific Publishing, Inc. Software: The Marine Aquarium Lite Toolbar may include certain software by Prolific Publishing, Inc. The use of such software is governed by the End User License Agreement available at http://www.fish-byte.com/SereneScreen_EULA.doc and the Privacy Policy available at http://www.fish-byte.com/SereneScreen_PrivacyPolicy.doc.
MINDDABBLE: The MindDabble Toolbar is also subject to the following Terms of Use located at http://www.minddabble.com/support/tos.html and Privacy Policy located at http://www.minddabble.com/support/privacy.html.
MY OWN SUPERHERO: The My Own Superhero Toolbar is also subject to the Terms of Use located at http://www.mywebsuperhero.com/html/tos.html and the Privacy Policy located at http://www.mywebsuperhero.com/html/pp.html.
MYSCRAPNOOK: The MyScrapNook toolbar is also subject to the following Terms of Use located at http://www.myscrapnook.com/support/tos.html and the following Privacy Policy located at http://www.myscrapnook.com/support/privacy.html.
Premier Download Manager: The Premier Download Manager incorporates additional software downloads or features provided by the Third Party Partner, Hudson Exchange Group. The use of such software is governed by Hudson Exchange Group’s Terms of Service available at: http://opensoftwareupdater.com/terms.html, and Privacy Policy available at: http://opensoftwareupdater.com/p
1. Agreement
This End-User License Agreement ("EULA") is a legal agreement between you and the Mindspark Interactive, Inc. and its parent, affiliate and subsidiary companies (collectively, "Mindspark", "we", "us" or "our") for the MS Products. By installing or otherwise using the MS Products, you: (a) agree to be bounded by the terms of this EULA, (b) you are the owner or an authorized user of the computer or mobile device in which the MS Product will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it. The terms of this EULA also applies to any MS Product updates, supplements, and services. If you do not agree to the terms of this EULA, do not install or use the MS Products. Mindspark may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the MS Products. If you have any questions or concerns regarding the terms herein, please email Mindspark at eula@help.mindspark.com. Do not use the MS Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
By downloading a MS Product, you will be installing a software application onto your computer which will appear on your desktop or within one or more of your Internet browsers. The MS Product will allow you to search the Internet, and may provide you with additional features as further described in this EULA. During the download of a MS Product you may also be offered the opportunity to set your browser homepage, start page, new tab page and/or default search setting(s) to our search service. If you do not wish to reset your setting(s), you can decline/opt-out of the setting(s) change by unchecking the appropriate checkbox during the download process for the relevant MS Product. The search features, as well as other non-search-related features may be customized by you. Use of such features and settings is subject to our Terms of Service and Privacy Policy, which are hereby incorporated into this EULA by reference.
2. Age Requirement
You must be 13 years of age or older to install or to use the MS Products. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the MS Products for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a MS Product, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the MS Products or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the MS Products, please contact us at eula@help.mindspark.com.
3. Grant of License
Subject to your compliance with the terms and conditions of this EULA, Mindspark grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the MS Products (including all updates thereto) solely for your lawful, personal, and non-commercial use.
4. Description of Other Rights and Limitations
A) Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the MS Products or use the MS Products for the benefit of any third party. You may not install the MS Products on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the MS Products, except to remove our MS Products from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any MS Products, or attempt to do so for any reason. You may not access, create or modify the source code of any MS Products in any way. You do not have the right to and may not create derivative works of any MS Products. All modifications or enhancements to an MS Products remain the sole property of Mindspark.
B) MS Products Updates. We reserve the right to add or remove features or functions to existing MS Products. When installed on your computer, the MS Products periodically communicates with our servers. We may require the updating of the MS Products on your computer when we release a new version of the MS Products, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the MS Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the MS Products.
C) Mobile Usage. If you access an MS Product through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using certain MS Products may be prohibited or restricted by your network provider and not all MS Products may work with your network provider or device.
5. MS Product Functionality
MS Products allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the "MS Product Functions"). The MS Product Services are provided by Mindspark and third party suppliers who offer content and services in conjunction with or through an MS Product (the "Third Party Partners"). The MS Product Functions may be provided via your desktop, within your browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer), or within separate browser windows displayed over or under your principal browser window or by other means. MS Products Functions may provide you with Internet search functionalities (for example, via a search box located within the MS Product itself), the ability to reset your homepage, start page and/or tab page, the ability to reset your browser default search setting (thereby allowing you access to our Internet set features via your browser's address bar, omnibox and/or chrome search box), and/or links to other Mindspark products or websites. In addition, an "Easy Installer" may be downloaded to install the MS Product. This installer is automatically deleted the first time you turn off or reboot your computer following installation of the MS Product.
ButterflyField™: The Butterfly Field toolbar provides instant access to customizable butterfly screensaver features, information on butterfly species, a screen saver settings menu, etc. The Butterfly Field toolbar may include a separate software application available as a widget and displayed as a button on the Butterfly Field Toolbar. The ButterflyField Software includes features and functionalities that incorporates the following additional open software and is subject to the notices provided in the following notice located here.
Elite Unzip Toolbar provides the ability to compress and decompress files, which incorporates the following open source software:
SevenZipSharp uses the following open source code and is licensed under the GNU LGPL v3, available at http://sevenzipsharp.codeplex.com/license
7-Zip uses the following open source code and is licensed under the GNU LGPL v3, available at http://www.7-zip.org/license.txt
MARINE AQUARIUM LITE: The Marine Aquarium Lite Toolbar includes one or more of the following additional software downloads or features provided by the following Third Party Partner:
Prolific Publishing, Inc. Software: The Marine Aquarium Lite Toolbar may include certain software by Prolific Publishing, Inc. The use of such software is governed by the End User License Agreement available at http://www.fish-byte.com/SereneScreen_EULA.doc and the Privacy Policy available at http://www.fish-byte.com/SereneScreen_PrivacyPolicy.doc.
MINDDABBLE: The MindDabble Toolbar is also subject to the following Terms of Use located at http://www.minddabble.com/support/tos.html and Privacy Policy located at http://www.minddabble.com/support/privacy.html.
MY OWN SUPERHERO: The My Own Superhero Toolbar is also subject to the Terms of Use located at http://www.mywebsuperhero.com/html/tos.html and the Privacy Policy located at http://www.mywebsuperhero.com/html/pp.html.
MYSCRAPNOOK: The MyScrapNook toolbar is also subject to the following Terms of Use located at http://www.myscrapnook.com/support/tos.html and the following Privacy Policy located at http://www.myscrapnook.com/support/privacy.html.
Premier Download Manager: The Premier Download Manager incorporates additional software downloads or features provided by the Third Party Partner, Hudson Exchange Group. The use of such software is governed by Hudson Exchange Group’s Terms of Service available at: http://opensoftwareupdater.com/terms.html, and Privacy Policy available at: http://opensoftwareupdater.com/p
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