Smart Highlights For Internet Explorer distribution permissions and end-user license agreement
End User License Agreement
NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("EULA” or “AGREEMENT") APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY THINK TANK LABS LLC, AND ITS SUBSIDIARIES (REFERRED TO IN THIS AGREEMENT AS “Smart Highlights”) FROM ANY Smart Highlights WEBSITE. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY Smart Highlights SOFTWARE (“SOFTWARE”), BUT SHALL NOT GOVERN YOUR USE OF ANY THIRD PARTY SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT," "FINISH," "CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. Definitions. "Software" means (a) the Smart Highlights, or any other software or digital content owned and provided by Smart Highlights, that accompanies this Agreement; and (b) any bug fixes, upgrades, modified versions or updates to the Software (collectively referred to as "Updates") that Smart Highlights subsequently provide to you. "Use," "Used" or "Using" means to access, install, download, copy or benefit from utilizing the functionality of the Software.
2. Age Limitation. You must be at least 18 years of age to Use the Software. By accepting the terms of this Agreement and Using the Software, you represent that you are over the age of 18. As long as you comply with, and subject to, the terms of this Agreement, Smart Highlights grant to you a non-exclusive, revocable, limited license to download and install the most current generally available version of the Software, in binary executable form only, solely for the purposes described in this Agreement.
3. Other Software. In addition to the Software, you will also be given the opportunity to access, download and/or use the technologies, services and/or content owned by third parties (collectively, “Other Software”). If you choose to access or use such Other Software, you acknowledge and agree that your rights to such Other Software are governed solely by the license terms and conditions accompanying the Other Software. For example, you may be required to click and accept additional end user license terms (“Other EULA”) prior to the download, installation, copying or use of such Other Software. The Other EULA governs your use of Other Software, and not the terms of this Agreement. However, such Other EULA shall not affect any terms in this Agreement or your use of the Software. You further agree that Smart Highlights are not responsible for any loss or damage of any sort incurred as a result of your download, installation, or use of Other Software, and you hereby waive and hold Smart Highlights harmless from any losses arising under any claim you may have against Smart Highlights with respect to Other Software.
4. Restrictions. You will: (a) not reverse engineer, disassemble or decompile the Software or attempt to discover or recreate the source code to the Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of Smart Highlights or its licensors in the Software, (e) not Use the Software for purposes for which it is not designed, and (f) only Use the Software for personal, non-commercial use.
5. Intellectual Property Rights. The Software is the intellectual property of, and owned by Smart Highlights and its licensors and suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Smart Highlights and its licensors and suppliers. The Software is protected by state, federal and international copyright protections, including without limitation by the United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software by implication, estoppel or any other legal theory, and all rights not expressly granted in this Agreement are reserved by Smart Highlights and its assigns, licensors and suppliers.
6. Third Party Software; Notice and Attribution. The Software may include third party's software bundle subject to open source or third party license terms. You acknowledge and agree that your right to use these publicly available components of the Software is governed by the terms applicable to each application (“Other Software Terms”). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application.
7. Display of suggested search results. By installing and/or using the Software you grant Smart Highlights permission to periodically show you search titles based browser activity. To display the search ads, the user must click on the keyword search on the search result page for example click on http://www.smarthighlights.com/.
Smart Highlights will display enhanced search results(may include organic and sponsored ads) with Google Search Results, Youtube Video Results, Google Image Results and also has an option to view similar sites for the keyword search title.
You hereby consent to these actions. Please note that you may receive search results for Adult-oriented websites if you utilize keywords connected to, search for or view Adult websites. An Adult website is one that contains or references (whether via audio, video, audiovisual, images, sounds or text) any of the following: profanity, violence, blood and gore, weapons, use of alcohol, drugs, tobacco, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references. All Search results are derived from third parties and THINK TANK LABS LLC as such does not take responsibility for transactions done with the third party websites. However, if any of the search results breach local laws please advise THINK TANK LABS LLC immediately via INFO@SMARTHIGHLIGHTS.COM.
8. Uninstallation. You understand and agree that the presence of the Software on your computer is voluntary and that you may remove the Software from your computer at any time. The Software may be uninstalled by clicking to the "Uninstall link" at the bottom of the main Browser page and following instructions on your computer .For specific uninstall instructions, go to http://www.smarthighlights.com/uninstall.html.
9. Updates. Smart Highlights, in its sole discretion, may provide you with Updates to the Software as part of this Agreement. The Software will automatically check with Smart Highlights servers for the existence of any Update that has been released, and in the event that one is available, the Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring Smart Highlights to provide Updates. Smart Highlights will not install any new software or Update that in Smart Highlights reasonable judgment has functionality that is materially different from the functionality of the previously installed Software without your prior consent.
10. Disclaimer of Warranties and Remedies; Indemnity.
10.1. No Warranty; Disclaimer. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Smart Highlights, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Smart Highlights, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA Smart Highlights SOFTWARE OR THE USE OF Smart Highlights SOFTWARE ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND Smart Highlights EXPRESSLY DISCLAIM ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, INCLUDING OTHER SOFTWARE, IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smart Highlights OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY.
10.2. Limitation of Damages. NEITHER Smart Highlights NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE Smart Highlights AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR THE OTHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF Smart Highlights OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Smart Highlights'S OR ANY OF ITS LICENSORS' OR SUPPLIERS' ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW OR SHALL BE RECONSTRUCTED TO COMPLY WITH THE DISCLAIMER'S INTENT TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
Any representations made with respect to, and support or assistance offered by Smart Highlights in connection with, the Software are offered by Smart Highlights only and not by any third party providing open source to Smart Highlights.
12. Compatibility. Smart Highlights do not warrant that the Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Software is not compatible with your hardware or other software installed on your computer system, the Software can be uninstalled. Please refer to Section 8 (above) for detailed uninstall directions. Like all software, the Software utilizes some of your computer's resources to run, including system memory and your Internet connection. Use of the Software on a computer with inadequate system resources will cause such computer's performance to suffer.
13. User Representations and Warranties. You acknowledge, represent and warrant that (a) you own the computer on which you are installing the Software, or have the authority to install the Software on such computer; (b) your installation and/or Use of the Software will not violate any local, state or federal laws that apply to you or to the Use or installation of the Software; and (c) Smart Highlights are not causing the Software to be installed on your computer, but has provided the Software to you, which you are installing of your own volition.
14. Indemnification. You agree to defend, indemnify, and hold harmless Smart Highlights, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or your breach of this Agreement.
15. Export. You agree that the Software may not be acquired, shipped, transported, exported, or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
16. Governing Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of THE UNITED STATES., without regard to its choice of law principles to the contrary. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration conducted in THE UNITED STATES. The parties shall bear their own respective costs and attorneys' fees. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the webpage, the Software, the services or this Agreement must be made within one (1) year after such claim or cause of action arose or be forever barred.
17. Miscellaneous. This is the entire agreement between Smart Highlights and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, then that provision shall be deemed severable and will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Smart Highlights. If you violate any term of this Agreement, Smart Highlights may terminate this Agreement without waiving any other rights. This Agreement is assignable by Smart Highlights but you may not assign your rights and obligations under this Agreement.