These Terms and Conditions for the AwesomeBar extension (the “AwesomeBar”) constitute a binding, contractual agreement (“Agreement”) between you and Awesome Ventures Ltd (“AVL”). This Agreement applies solely to your use of the software, updates, plug-ins and services associated with the extension with which this Agreement is provided. By accepting this Agreement or by installing or using the AwesomeBar, you are indicating your acceptance and agreeing to all the terms and conditions of this Agreement. If you do not accept and agree to the following terms and conditions, you must not use or install the AwesomeBar.
The AwesomeBar is designed to be used in conjunction with AVL’s search services, and your use of the AwesomeBar is also governed by AVL’s Terms of Service (http://www.awesome.org/extensions/terms/). Any information you submit through the AwesomeBar will be handled pursuant to AwesomeBar’s privacy policy (http://www.awesome.org/extensions/privacy/). In addition to those statements, you should also review the MSN AwesomeBar Terms of Use (http://help.live.com/help.aspx?project=tou&mkt=en-us) and the Microsoft Online Privacy Statement (http://privacy.microsoft.com/en-us/default.mspx) that apply to Bing.com and Microsoft Corporation.
AVL may change any of the terms and conditions contained in this Agreement at any time in its sole discretion. Notice of material changes to this Agreement will be posted when they become effective. You are responsible for reviewing the notice and any applicable changes. You agree that your continued use of the AwesomeBar 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, stop using the AwesomeBar after the effective date of such changes and uninstall the AwesomeBar.
1. LICENSE. Provided that you comply with the terms of this Agreement, AVL grants you a personal, limited, non-exclusive and non-transferable license to install and use the AwesomeBar on a single computer, solely in object code format and solely for personal and non-commercial purposes. This license does not entitle you to receive from AVL hard-copy documentation, support, telephone assistance, or enhancements or updates to the AwesomeBar, though we may provide any of the foregoing in our sole discretion.
2. USE OF THE AWESOMEBAR. AVL cannot guarantee the completeness or accuracy of the websites or URLs to which the AwesomeBar links or refers. As the AwesomeBar processes are largely automatic, AVL does not screen the websites included in the AwesomeBar, and these other websites are operated by persons over whom AVL exercises no control. As a result, AVL assumes no responsibility for the content of any website or URL to which the AwesomeBar links or refers and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL to which the AwesomeBar links or refers. For details about AVL’s data collection and data use practices, see the AVL privacy policy (http://www.awesome.org/privacy/).
To uninstall the AwesomeBar, please visit the AwesomeBar FAQ (http://www.awesome.org/extensions/awesomebar-faq/).
3. RESTRICTIONS. You may not: (a) use, copy, modify, download or transfer the AwesomeBar or any component of the AwesomeBar, in whole or in part, except as expressly provided in this Agreement or with AVL’s written consent; (b) reverse engineer, disassemble, decompile, or translate the AwesomeBar, attempt to derive the source code of the AwesomeBar, create any derivative work from the AwesomeBar, or authorize or assist any third party to do any of the foregoing; (c) rent, lease, loan, resell for profit, or distribute the AwesomeBar, or any part thereof; (d) remove or alter any proprietary notice or legend regarding AVL’s or its licensors’ proprietary rights in the AwesomeBar; (e) use the AwesomeBar except in accordance with applicable laws and regulations; (f) use the AwesomeBar to defraud any third party or to distribute obscene or other unlawful materials or information; (g) use the AwesomeBar in any way to transmit, directly or indirectly, any unsolicited bulk communications (i.e., spam); (h) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the AwesomeBar; (i) incorporate, integrate or otherwise include the AwesomeBar or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with AVL’s networks or other online services; or (j) use or export the AwesomeBar outside of the United States.
4. OWNERSHIP. The AwesomeBar is the property of AVL and/or its licensors, and AVL and/or its licensors retain all right, title and interest to the AwesomeBar, including any intellectual property rights regarding trademarks, service marks and trade secrets, as well as any rights in copyrighted and/or patented materials provided to you as part of the AwesomeBar. Except for the limited license granted to you in this Agreement, you obtain no rights to the AwesomeBar, and AVL and/or its licensors reserve all rights not expressly granted to you.
5. FEEDBACK. In the event that you provide AVL with any ideas, thoughts, criticisms, suggested improvements or other feedback related to the AwesomeBar (collectively “Feedback”), you agree that AVL may use the Feedback to modify the AwesomeBar and AVL’s other products and services and that you will not be due any compensation, including any royalty related to the AwesomeBar or other product or service that incorporates your Feedback. You grant AVL a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with AVL, unless AVL has entered into a separate agreement with you that provides otherwise.
8. INDEMNITY. You agree to indemnify, defend, and hold harmless AVL from any suits, losses, claims, demands, liabilities, costs and expenses (including reasonable fees for attorneys) that AVL may sustain or incur from: (a) your use of the AwesomeBar; (b) your breach of any of your obligations or any restrictions set forth in this Agreement, or (c) AVL’s enforcement of this Agreement against you.
9. THIRD PARTY OFFERINGS. Third parties may from time to time offer applications or services to access, “plug-in” or interact with the AwesomeBar. You may only use third-party applications authorized by AVL for use with the AwesomeBar. Your use of any third-party applications will be at your own risk and subject to the terms and conditions of those third parties. AVL makes no representations or warranties, express or implied, regarding the third party applications or services, and AVL disclaims all liability related thereto.
10. NO DUTY TO CORRECT ERRORS. Without limiting the provisions of Section 1, you acknowledge and agree that AVL has no obligation under this Agreement to correct any defects or errors in the AwesomeBar furnished to you under this Agreement, regardless of whether you inform AVL of such defects or errors or AVL otherwise is, or becomes aware of, such defects or errors. To the extent AVL provides you with any updates or upgrades to the AwesomeBar, such updates and upgrades shall be deemed to constitute part of the AwesomeBar and shall be subject to all terms and provisions set forth in this Agreement, including, without limitation, terms and provisions related to licenses, use restrictions, ownership and distribution of the AwesomeBar. AVL may provide mandatory updates to the AwesomeBar with or without notice to you to ensure the continued performance, security and stability of the AwesomeBar. AVL may also make available other updates to the AwesomeBar that you will have the option to install.
11. TERMINATION. The Agreement will be in effect as of the date you accept this Agreement, or as of the date you first install or use the AwesomeBar, whichever first occurs. This Agreement will terminate immediately without notice to you if you breach any term or condition herein. You shall be entitled to terminate this Agreement without cause at any time by stopping use of the AwesomeBar. AVL shall be entitled to terminate this Agreement without cause upon written notice to you. Upon termination, all rights granted to you under this Agreement will immediately cease, you may not thereafter install or use the AwesomeBar, and you must delete or destroy all copies of the AwesomeBar in your possession. All provisions of this Agreement, except for the license grant in Section 1 above, survive the termination of this Agreement. AVL may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within AVL’s computer or communications networks.
12. GENERAL PROVISIONS. This Agreement will be governed by the laws of the Commonwealth of Virginia, without regard to, or application of, rules or principles regarding conflicts of law. The state and federal courts located in the Commonwealth of Virginia shall have sole and exclusive jurisdiction over any disputes arising under this Agreement, and you agree to submit to the personal jurisdiction of such courts. You acknowledge that AVL will have the right to seek an injunction if necessary to prevent a breach of your obligations hereunder. If any provision of this Agreement is held to be unenforceable, that provision will be disregarded for purposes of the dispute or other circumstance giving rise to such finding, and the remaining provisions will remain in full force. In the event that AVL prevails in any proceeding or lawsuit brought by either party in connection with this Agreement, AVL will be entitled to receive its costs, expert witness fees and reasonable attorney’s fees, including costs and fees on appeal. The failure of AVL to require your performance of any provision in this Agreement shall not affect AVL’s full right to require such performance at any time thereafter; nor shall the waiver by AVL of any breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. This Agreement is personal to you, and you may not transfer, assign or delegate your right and/or duties under this Agreement to anyone else. Any attempted assignment or delegation is void. This Agreement, together with the AVL Terms of Service, is the complete and exclusive statement of the agreement between AVL and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.
13. GOVERNMENT USERS. Each of the components that constitute the AwesomeBar and its related documentation is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the AwesomeBar and any documentation provided with the AwesomeBar with only those rights set forth in this Agreement.
14. ELECTRONIC NOTICES. You agree to this Agreement electronically. You authorize AVL to provide you any information and notices regarding the AwesomeBar (“Notices”) in electronic form. AVL may provide Notices to you: (a) via e-mail if you have provided a valid email address or (b) by posting the Notice on a website designated by AVL for this purpose. The delivery of any Notice is effective when AVL sends or posts it, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the AwesomeBar and terminating this Agreement. As long as you are able to access the internet using the AwesomeBar, you will be able to receive electronic Notices from AVL.
15. PERFORMANCE AND USAGE INFORMATION. a. Technical Information. When installed, the AwesomeBar may, from time to time, automatically report back information to AVL’s servers related to installation, updates, usage and errors arising in connection with your use of the AwesomeBar, without notice to you. The primary use of this data is to help diagnose and resolve technical and performance issues in relation to the AwesomeBar’s compatibility with the latest operating systems.
b. Feature Usage Information. The AwesomeBar may also provide AVL with anonymous information about use of the AwesomeBar’s features and buttons. AVL uses this information in the aggregate to determine which AwesomeBar features and buttons are most popular and useful to its users, and to validate the continued existence and usage of an installed AwesomeBar.
c. AwesomeBar UUID. The AwesomeBar may contain a specific identification number for the purpose of tracking the number of unique instances of the AwesomeBar in use. This unique user ID (UUID) is randomly generated and bares no reflection of personalised identity.
d. Personalization. You may be asked to provide AVL with certain information so that AVL can personalize content presented to you through the AwesomeBar. For example, you may be asked for your zip code, which could be used to provide you with relevant local weather and/or news reports.
Last updated: 3rd February 2011