Wigix terms and conditons for the toolbar
Thank you for using the Wigix Toolbar. By using this software, and any third party software made available in conjunction with this software, (collectively "Wigix Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions").
Ownership. The Wigix Toolbar is the property of Wigix, Inc., a Delaware corporation ("Wigix"). You acknowledge that Wigix or third parties own all rights (including copyrights, patents, trade secrets and other rights of any kind) in the Wigix Toolbar or software provided to you with the Wigix Toolbar. Wigix reserves all rights not expressly granted to you. All content that may be accessed through the use of the Wigix Toolbar is the property of its respective owner and may be protected by applicable laws and treaties. This contract does not grant you any rights to use that content.
Personal Use Only. Wigix Toolbar is made available to you for your personal, non-commercial use only (at home or at work). You may not modify, copy, publish, license, create derivative works from or sell any information or software associated with Wigix Toolbar, without first obtaining written permission from Wigix by contacting firstname.lastname@example.org. Furthermore, you may not use Wigix Toolbar in any manner that could damage, disable, overburden, or impair Wigix's search services (e.g., you may not use the Wigix Toolbar in an automated manner), nor may you use Wigix Toolbar in any manner that could interfere with any other party's use and enjoyment of Wigix's search services.
If you have comments on Wigix Toolbar or ideas on how to improve it, please e-mail email@example.com. Please note that by doing so, you also grant Wigix and third parties permission to use and incorporate your ideas or comments into Wigix Toolbar (or third party software) without further compensation.
Intellectual Property. You acknowledge that Wigix or third parties own all right, title and interest in and to the Wigix Toolbar, portions thereof, or software provided through or in conjunction with the Wigix Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Wigix Toolbar. You also agree to not remove, obscure, or alter Wigix's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Wigix Toolbar.
Disclaimer of Warranties. Wigix and any third party who make its software available in conjunction with or through the Wigix Toolbar disclaim any responsibility for any harm resulting from your use and/or misuse of the Wigix Toolbar and/or any third party software accessed in conjunction with or through the Wigx Toolbar.
THE WIGIX TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WIGIX TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WIGIX AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WIGIX AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WIGIX TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WIGIX TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE WIGIX TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WIGIX 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 WIGIX TOOLBAR AND SUCH THIRD PARTY SOFTWARE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WIGIX OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WIGIX TOOLBAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE WIGIX TOOLBAR OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER MONETARY LOSS), EVEN IF WIGIX AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WIGIX TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WIGIX TOOLBAR, FROM INABILITY TO USE THE WIGIX TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WIGIX TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIGIX TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WIGIX TOOLBAR (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of final jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
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. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Wigix and/or a third party who make its software available in conjunction with or through the Wigix Toolbar.