eWoss Toolbar End User Software License Agreement
Thank you for trying out the eWoss Toolbar! Your satisfaction is important to us and we only hope to include you as one of our thousands of approving users.
This end user license agreement (the "Terms & Conditions") is a legal agreement between you (referred to hereinafter as "you", "your," or "user") and eWoss.com, including all of its subsidiary and affiliated entities (referred to hereinafter as "eWoss.com", "we", "us", or "our").
Use of the eWoss.com software features and services, as described below (collectively, the "eWoss Software"), requires that you agree to the following Terms & Conditions. You agree to be legally bound by these Terms & Conditions by clicking on the "Agree & Continue" button provided.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE EWOSS SOFTWARE.
EWOSS SOFTWARE FEATURES AND SERVICES
The EWOSS Software comprises a customizable browser toolbar which provides the following features and functionality:
1. Local news headlines, updated continuously.
2. Local weather conditions & forecasts.
3. Local sports news, game times, and live scoring.
4. Easy access to eWoss.com search results from the toolbar textbox.
5. eWoss.com - powered default search settings, including search results delivered in response to queries conducted through the Internet Explorer search box.
No personal information is required to use the Software and eWoss.com does not bundle third party software. Upon download, eWoss.com does offer to set your homepage to www.ewoss.com, for which you may choose to opt out of during the installation process. Further, eWoss.com is additionally bound by the eWoss.com Privacy Policy.
PERMITTED USES
eWoss.com grants to you a nonexclusive license to download this copyrighted eWoss Software for your personal and non-commercial use. eWoss.com may, at any time, change, update, modify and/or terminate any part of the eWoss Software or your use of it.
You may not copy, modify, display, license, distribute, transmit, re-post, or download any part of the eWoss Software for commercial use without eWoss.com's written consent. As a condition of its use, you promise not to use eWoss Software for any purpose that is unlawful or prohibited by these Terms & Conditions.
Furthermore, you may not use the eWoss Software in any manner that could damage, disable, overburden, or impair eWoss.com's search services (e.g., you may not use the eWoss.com Toolbar or eWoss Software in an automated manner), nor may you use the eWoss Software in any manner that could interfere with any other party's use and enjoyment of eWoss.com's search services.
UPGRADES
eWoss.com may access your computer to perform maintenance on the eWoss Software and to install updates without notice. These updates are also governed by this agreement. Thus, in the course of using the eWoss Software, you may see features added or removed as well as minor behavior and performance changes and improvements. Should any of these changes and improvements require updates to these Terms & Conditions or to our Privacy Policy, the user will be notified and such notice may be delivered in conjunction with messaging that details the nature of the change(s).
INTELLECTUAL PROPERTY
You acknowledge that eWoss.com and/or third party affiliates own all rights, title and interest in and to the eWoss Software, portions thereof, or services provided through or in conjunction with the eWoss Software, 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 the eWoss Software. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the eWoss Software.
DISCLAIMER OF WARRANTIES
EWOSS.COM DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE EWOSS SOFTWARE.
THE EWOSS SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EWOSS.COM EXPRESSLY DISCLAIMS, 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. EWOSS.COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EWOSS SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE EWOSS SOFTWARE 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 THE EWOSS 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. EWOSS.COM HEREBY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU UNDERSTAND THAT BY RUNNING CERTAIN TYPES OF SOFTWARE, SPECIFICALLY INCLUDING THOSE THAT QUARANTINE, DELETE OR UNINSTALL OTHER SOFTWARE APPLICATIONS, YOU MAY INTERFERE WITH THE FUNCTIONALITY OF THE EWOSS SOFTWARE. FURTHER, YOU UNDERSTAND THAT SUCH INTERFERENCE CAN LEAD TO DIFFICULTIES WITH THE EWOSS.COM UNINSTALLERS AND THAT THE EWOSS SOFTWARE SHOULD ALWAYS BE UNINSTALLED THROUGH STANDARD MEANS AT THE ADD/REMOVE RATHER THAN THROUGH THIRD PARTY SOFTWARE.
See privacy policy for details on how to remove.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EWOSS.COM, OR ANY THIRD PARTY WHO MAKES ITS SERVICES AVAILABLE THROUGH THE EWOSS SOFTWARE, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE EWOSS 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, (EVEN IF EWOSS.COM AND/OR A THIRD PARTY SERVICE 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 EWOSS SOFTWARE, FROM INABILITY TO USE THE EWOSS SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EWOSS SOFTWARE (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 PROVISIONS
1. These Terms & Conditions will be governed by and construed in accordance with the laws of the State of Kansas without reference to conflict of law principles.
2. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect.
3. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by eWoss.com and/or a third party who makes its software available in conjunction with or through the eWoss Software.
4. We may immediately terminate these Terms of Use with respect to you (including your access and use of our software, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of our software.
5. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.
6. These Terms of Use along with any other notices, policies, procedures, agreements, and terms and conditions on our Site contain the entire understanding with respect to your use of our software and our relationship with you, and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
7. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO OUR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
QUESTIONS OR COMMENTS
If you have comments about the eWoss.com Toolbar or ideas on how to improve it, please contact Customer Support.
eWoss.com
12920 Metcalf, Suite 120
Overland Park, KS 66213
toolbar@ewoss.com
Please note that by doing so, you also grant eWoss.com and any third party permission to use and incorporate your ideas or comments into the eWoss.com Toolbar (or third party software) without further compensation.
Updated August 2008
© 2008