ToolButton Deskbar distribution permissions and end-user license agreement

ToolButton End User License & Terms of Use Agreement Effective August/2003
 
Please read and understand before using our software!
 
The ToolButton products and web site services are collectively or individually referred to as "Software". By downloading, installing, registering for, or using the Software, you become a user and agree to be bound by the following user terms and conditions of use:
 

License Grant

Subject to the terms and conditions of this Agreement, ToolButton Inc. (“Company”) grants you a non-exclusive, revocable, limited license, to (a) download and install the most current version of the ToolButton Software and all updates thereafter, and (b) use the Software for your personal, non-commercial purposes.


Changes to this Agreement

The terms and conditions contained in this agreement may be changed at any time, including the privacy policy and other policies and guidelines governing the Software. Notice of material changes to this agreement will be posted on the ToolButton website or ToolButton plug-in web site(s) before they become effective. You are responsible for reviewing the notice and any applicable changes.

You agree that your continued use of the service following any changes to this agreement and after the changes take effect will constitute your acceptance of such changes.

If you do not agree to future changes to this agreement, do not continue to use the Software after the effective date of such changes and uninstall the Software.

Personal Use Only

The Software is made available to you for your personal, non-commercial use only at home or at work. You may not copy, modify, reverse engineer, decompile, publish, license, rent, sell or otherwise earn revenue from, or create derivative works from or sell any information or software associated with the Software, without first obtaining written permission from us, the owner and copyright holder, ToolButton Inc. by contacting concerns@ToolButton.com. Furthermore, you may not use the software in any manner that could damage, disable, overburden, or impair the Internet services of ToolButton or ToolButton plug-in web site(s), nor may you use the Software in any manner that could interfere with any other party`s use and enjoyment of the Software.

If you have comments on the Software or ideas on how to improve it, please email concerns@ToolButton.com. Please note that by doing so, you grant us permission to use and incorporate your ideas or comments into the Software (or third party software) without further compensation.

Information Collected

To use the Software, you must install client application software. The software may report certain usage statistics in order for us to gather information about the performance of the software, the use of new features and your usage patterns. To use certain features of the Software, you are required to create an account on the ToolButton web site that also collects and stores user information, such as your demographic and contact information. You are solely responsible for maintaining the confidentiality of any account name, password or account information.

We do not currently enable users to access, review, edit, or delete information collected during use of the Service. However, we do give you the opportunity to review and correct your contact information, email address or demographic information you voluntarily provide by emailing concerns@toolbutton.com.

By using the Software you agree to waive any constitutional, common law, statutory, or regulatory right of access to such information that you might otherwise have or acquire. You expressly provide us the unrestricted right, authority and approval to collect such information.

Downloads and Updates

You understand, acknowledge and agree that the nature of the ToolButton Software requires downloading to your computer by the Company or its third party licensors, content for your use and updates to the Software, and that such downloads may occur without notice to you unless the terms of this Agreement change in a material way. You agree to accept all such downloads.


Restricted Use to Children

If you are thirteen years old or younger, you are prohibited from downloading, registering for, or using the Software. By using the Software, you warrant you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Software is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Software is inappropriate for your child.

You, Us and Ownership

Your use of ToolButton confers no title or ownership. We are granting you temporary, non-exclusive license to ToolButton services – along with certain entitlements and privileges – that will endure as long as you continue to observe the terms and conditions of this Agreement.

The Company owns ToolButton and its logos, graphics, software, algorithms, functionality, content (other than content owned by the Customer or any third party), pages, features and processes that comprise the ToolButton services. You agree not to copy, modify, re-package, reverse-engineer, disassemble, modify or otherwise use ToolButton or its components in ways not explicitly allowed by this Agreement, without prior written consent from the Company. You also agree not to remove any proprietary notices or labels from ToolButton or related web sites.

Termination

You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control. We may terminate this Agreement, disable the Software or cease providing any service at any time in our sole discretion.

You may uninstall or remove the ToolButton Software at any time by using the Windows add/remove programs function or by choosing the uninstall option of the ToolButton Software menu.

Responsibility for Content

The Company is not responsible for any content you or someone using your account receives from ToolButton. We are not the authors of content, only the creator and provider of the application that enables such communications to be sent and delivered.

Security

The Software is exposed to various security issues common to transmissions over the Internet, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Software, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

Warranties and Disclaimers

ToolButton and its related services are provided "as is," and we expressly disclaim all warranties or conditions of any kind (express, implied or statutory), including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. We will not be liable for any lost profits or special, incidental or consequential damages arising out of or in connection with ToolButton or this Agreement.

In short, we can not and do not guarantee that ToolButton will work in any particular way, nor can we guarantee that it will provide you with any particular result, like making you more money, increasing your customer base, improving your tennis skills, etc. You agree not to hold us liable, financially or otherwise, should ToolButton fail to perform these things that we cannot guarantee in the first place. In no event shall we be liable to you for any amount greater than the fees you have paid to us for ToolButton over the previous two years.

You, the User, agree to indemnify and hold harmless ToolButton Inc., its officers, employees and business partners, from any claims arising from your use of ToolButton.


Miscellaneous Provisions

This Agreement says everything there is to be said about our relationship and your use of the software and, therefore, it supersedes any other agreement about those topics. You can`t transfer any of your rights or responsibilities under this Agreement. We can transfer any of our rights and responsibilities under this Agreement.

This Agreement will be interpreted in accordance with the laws of the Province of Alberta, Canada. Should we ever have to go to court over this Agreement or anything related to your use of ToolButton product offerings, you agree that you will submit to the jurisdiction of the Federal and Provincial courts in Alberta, Canada. Before we go to court, we will attempt to sort out our problem through arbitration in accordance with the regulations of the American Arbitration Association. If any provision of this Agreement is held to be invalid that provision will be enforced to the extent possible and all other provisions of this agreement will be given full effect. If we fail to act to enforce any of the provisions of this agreement, that inaction will not be a waiver of our right to act and will not affect our ability to act later.

We may send you any notice that is required by this Agreement or otherwise via email or regular mail or by posting the notice on the ToolButton website. Any notice you send to us should be sent to: support1@ToolButton.com.

ToolButton End User License & Terms of Use Agreement Effective August/2003
 
Please read and understand before using our software!
 
The ToolButton products and web site services are collectively or individually referred to as "Software". By downloading, installing, registering for, or using the Software, you become a user and agree to be bound by the following user terms and conditions of use:
 

License Grant

Subject to the terms and conditions of this Agreement, ToolButton Inc. (“Company”) grants you a non-exclusive, revocable, limited license, to (a) download and install the most current version of the ToolButton Software and all updates thereafter, and (b) use the Software for your personal, non-commercial purposes.


Changes to this Agreement

The terms and conditions contained in this agreement may be changed at any time, including the privacy policy and other policies and guidelines governing the Software. Notice of material changes to this agreement will be posted on the ToolButton website or ToolButton plug-in web site(s) before they become effective. You are responsible for reviewing the notice and any applicable changes.

You agree that your continued use of the service following any changes to this agreement and after the changes take effect will constitute your acceptance of such changes.

If you do not agree to future changes to this agreement, do not continue to use the Software after the effective date of such changes and uninstall the Software.

Personal Use Only

The Software is made available to you for your personal, non-commercial use only at home or at work. You may not copy, modify, reverse engineer, decompile, publish, license, rent, sell or otherwise earn revenue from, or create derivative works from or sell any information or software associated with the Software, without first obtaining written permission from us, the owner and copyright holder, ToolButton Inc. by contacting concerns@ToolButton.com. Furthermore, you may not use the software in any manner that could damage, disable, overburden, or impair the Internet services of ToolButton or ToolButton plug-in web site(s), nor may you use the Software in any manner that could interfere with any other party`s use and enjoyment of the Software.

If you have comments on the Software or ideas on how to improve it, please email concerns@ToolButton.com. Please note that by doing so, you grant us permission to use and incorporate your ideas or comments into the Software (or third party software) without further compensation.

Information Collected

To use the Software, you must install client application software. The software may report certain usage statistics in order for us to gather information about the performance of the software, the use of new features and your usage patterns. To use certain features of the Software, you are required to create an account on the ToolButton web site that also collects and stores user information, such as your demographic and contact information. You are solely responsible for maintaining the confidentiality of any account name, password or account information.

We do not currently enable users to access, review, edit, or delete information collected during use of the Service. However, we do give you the opportunity to review and correct your contact information, email address or demographic information you voluntarily provide by emailing concerns@toolbutton.com.

By using the Software you agree to waive any constitutional, common law, statutory, or regulatory right of access to such information that you might otherwise have or acquire. You expressly provide us the unrestricted right, authority and approval to collect such information.

Downloads and Updates

You understand, acknowledge and agree that the nature of the ToolButton Software requires downloading to your computer by the Company or its third party licensors, content for your use and updates to the Software, and that such downloads may occur without notice to you unless the terms of this Agreement change in a material way. You agree to accept all such downloads.


Restricted Use to Children

If you are thirteen years old or younger, you are prohibited from downloading, registering for, or using the Software. By using the Software, you warrant you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Software is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Software is inappropriate for your child.

You, Us and Ownership

Your use of ToolButton confers no title or ownership. We are granting you temporary, non-exclusive license to ToolButton services – along with certain entitlements and privileges – that will endure as long as you continue to observe the terms and conditions of this Agreement.

The Company owns ToolButton and its logos, graphics, software, algorithms, functionality, content (other than content owned by the Customer or any third party), pages, features and processes that comprise the ToolButton services. You agree not to copy, modify, re-package, reverse-engineer, disassemble, modify or otherwise use ToolButton or its components in ways not explicitly allowed by this Agreement, without prior written consent from the Company. You also agree not to remove any proprietary notices or labels from ToolButton or related web sites.

Termination

You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control. We may terminate this Agreement, disable the Software or cease providing any service at any time in our sole discretion.

You may uninstall or remove the ToolButton Software at any time by using the Windows add/remove programs function or by choosing the uninstall option of the ToolButton Software menu.

Responsibility for Content

The Company is not responsible for any content you or someone using your account receives from ToolButton. We are not the authors of content, only the creator and provider of the application that enables such communications to be sent and delivered.

Security

The Software is exposed to various security issues common to transmissions over the Internet, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Software, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

Warranties and Disclaimers

ToolButton and its related services are provided "as is," and we expressly disclaim all warranties or conditions of any kind (express, implied or statutory), including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. We will not be liable for any lost profits or special, incidental or consequential damages arising out of or in connection with ToolButton or this Agreement.

In short, we can not and do not guarantee that ToolButton will work in any particular way, nor can we guarantee that it will provide you with any particular result, like making you more money, increasing your customer base, improving your tennis skills, etc. You agree not to hold us liable, financially or otherwise, should ToolButton fail to perform these things that we cannot guarantee in the first place. In no event shall we be liable to you for any amount greater than the fees you have paid to us for ToolButton over the previous two years.

You, the User, agree to indemnify and hold harmless ToolButton Inc., its officers, employees and business partners, from any claims arising from your use of ToolButton.


Miscellaneous Provisions

This Agreement says everything there is to be said about our relationship and your use of the software and, therefore, it supersedes any other agreement about those topics. You can`t transfer any of your rights or responsibilities under this Agreement. We can transfer any of our rights and responsibilities under this Agreement.

This Agreement will be interpreted in accordance with the laws of the Province of Alberta, Canada. Should we ever have to go to court over this Agreement or anything related to your use of ToolButton product offerings, you agree that you will submit to the jurisdiction of the Federal and Provincial courts in Alberta, Canada. Before we go to court, we will attempt to sort out our problem through arbitration in accordance with the regulations of the American Arbitration Association. If any provision of this Agreement is held to be invalid that provision will be enforced to the extent possible and all other provisions of this agreement will be given full effect. If we fail to act to enforce any of the provisions of this agreement, that inaction will not be a waiver of our right to act and will not affect our ability to act later.

We may send you any notice that is required by this Agreement or otherwise via email or regular mail or by posting the notice on the ToolButton website. Any notice you send to us should be sent to: support1@ToolButton.com.

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