END USER LICENSE AGREEMENT
("EULA")

This EULA is a binding agreement that controls your use of the Software and the ToseekA Toolbar.

Updates and changes to this EULA

Notice of Changes. You agree that we may change the terms and conditions of this EULA at any time. In order to make sure that you are familiar with the latest version of this EULA, we encourage you to visit the following website to ensure you agree to the latest terms of the EULA:
www.ToseekA.com/toolbar/eula.html

Effect of Changes. You agree that if you continue to use the ToseekA Toolbar Software after we have posted a change to this EULA, then you are bound by the updated terms and conditions of the EULA. In other words, if you do not uninstall the Software, you agree to be bound by the most current version of this EULA.

ToseekA.com owns and maintains all rights and titles to the Software

You agree that the ToseekA Toolbar Software is owned by us. That means that as between you and us, you acknowledge that we own, or we license from other companies, all copyrights, trademarks, patents in and to the Software and that you will not make any claim to any ownership in the Software (or any part of the Software).

Your use of the ToseekA Toolbar Software

Under this EULA, we are granting to you the right to use the ToseekA Toolbar Software for free, but you agree that you will only use it for your own personal use and only as allowed under this EULA. In other words, you agree, among other things, that you cannot and will not redistribute the Software or sell the Software or allow others to use the Software in a way that violates this EULA.

Age Requirement

You agree that you are at least 18 years old.

Agreement to download and install the Software

If you have downloaded and installed the Software on your computer, then you agree that you have done so consciously and willingly, and that you own the computer on which you have installed the Software. If you do not own the computer on which you have downloaded and installed the Software, then you agree that the owner of the computer has given you the right and the authority to download and install the Software on that computer.

What you allow us to do by downloading the ToseekA Toolbar

If you have installed the Software on your computer, then you agree that you allow us to do the following activities:

Collect additional information from you and your computer. We collect other non-personally identifiable information about you. Please see our Privacy Policy for more information.

Automatically update the version of your Software with the most recent version. We will automatically install fixes, patches and upgrades to the Software. If we release a new version of the Software that has significant or important changes, you will be allowed to opt-in to the updated version.

Contact you. You agree that we may respond to you by email or other means regarding system or Software notices or other important information regarding the ToseekA Toolbar should you initiate contact with us. Please see our Privacy Policy for more information.

Turning the Software on/off and uninstalling the Software

Turning the Software On/Off. You can turn off the Toolbar by right-clicking your mouse in the header portion of Internet Explorer and de-selecting ToseekA Toolbar? You can choose to re-activate the ToseekA Toolbar by performing a similar action as described above and selecting ‘ToseekA Toolbar?to re-activate the toolbar.

Uninstalling the Software. If you decide you do not want the Software on your computer, you can easily and completely remove it by using the ‘Add/Remove Programs?feature in Microsoft Windows.

What you agree you will not do

You agree that you will not participate in the following activities:

• Use the Software in any way that violates any laws, government regulations or court orders.
• Use the Software, or the information you obtain through the Software, in any manner other than for your own personal, non-commercial use.
• Copy, change, modify, sell, offer for sale, rent, publicly post or make derivative works of some or all of the Software or some or all of the information you obtain through the Software.
• Remove or attempt to remove any of the logos, trademarks, copyright notices, patent notices or other identifying marks of the Software.
• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component.
• Reverse engineer, reverse assemble, decompile, or otherwise attempt to:
  • ( i ) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Software, or
  • ( ii ) derive the source code or the underlying ideas, algorithms, structure or organization from the Software.
• Interfere, attempt to interfere or prevent in any way the proper working of the Software.
• Distribute this Software in any manner without the prior written authorization of ToseekA.com.
• Promote, allow or encourage the download and/or installation of the Software through any website other than through the ToseekA.com Web Site or a ToseekA.com approved distribution partner.
• Promote, allow or encourage the download and/or installation of the Software in any manner that is deceptive or misleading to a user or without a user’s express prior consent.
• Use the Software in any manner other than as permitted under this EULA.

What ToseekA.com is not responsible for

You acknowledge and agree that ToseekA.com is not responsible and are not liable in any way for the following:

Other software. If you have downloaded and installed the Software, it will interact with some of the other software on your computer. We are not responsible in any way for any other software applications on your computer, and cannot guarantee that our Software will be compatible with any of them.

Hardware. If you have downloaded and installed the Software, it will interact with some of your hardware (i.e. your physical computer, your printer, etc.). We are not responsible in any way for any of your hardware applications and cannot guarantee that our Software will be compatible with any of them.

Other Web Sites. Although the Software displays information from various web sites, unless expressly stated to the contrary, such display in no way means, implies, suggests or constitutes any relationship or approval of or by those web sites or their products or services. We are not responsible in any way for any other web sites, products, services or information.

Disclaimer of warranty

THE ToseekA TOOLBAR SOFTWARE, ANY INFORMATION AND ANYTHING ELSE RELATING TO THE ToseekA TOOLBAR SOFTWARE, ARE PROVIDED BY ToseekA.COM "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ToseekA.COM IS ALSO NOT RESPONSIBLE FOR, AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND/OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE ToseekA TOOLBAR SOFTWARE OR ANY SECURITY BREACHES OF THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. Some states and jurisdictions do not allow the disclaimer of warranties or limitations on how long an implied warranty lasts, so the above disclaimer and limitation may not apply to you.

Limitations on ToseekA.com’s liability

UNDER NO CIRCUMSTANCES SHALL ToseekA.COM, OR ITS PARENT COMPANY MEZIMEDIA, OR ANY OF ITS AFFILIATE COMPANIES, OR ANYONE WORKING FOR, OR ON BEHALF OF, ToseekA.COM, OR ITS PARENT COMPANY MEZIMEDIA, OR ANY OF ITS AFFILIATE COMPANIES, BE LIABLE TO YOU FOR ANY COST OF PROCUREMENT OF ANY GOODS OR SERVICES NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN ANY CASE ARISING OUT OF OR RELATING TO THIS EULA OR THE ToseekA TOOLBAR SOFTWARE OR THE INFORMATION PROVIDED THROUGH THE SOFTWARE, NO MATTER WHAT THE CLAIM IS BASED ON AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or jurisdictions do not allow us to limit our liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification - The circumstances that you agree to pay for ToseekA.com’s legal fees, costs and damages

You agree that if you use the Software or any information gathered through the Software in a manner that violates this EULA or harms another person or company, or causes another person or company to seek any loss, damage, claim or demand against ToseekA.com or our parent or affiliated companies, then you agree to pay for any costs, fees or damages we incur related to that loss, damage, claim or demand. You agree that we may choose, at our own expense, to take control of the exclusive defense of any matter, but doing so shall not excuse your indemnity obligations.

Termination of this EULA by ToseekA.com

You agree that we may modify or terminate your use of the Software at any time, for any reason or for no reason, and without notice or liability to you or any third party. In the event of any termination by us, you agree that this EULA shall continue in force.

Removal of the ToseekA Toolbar Software by you

You may stop using the Software, turn off the Software or completely remove the Software from your computer at any time, for any reason or for no reason, and without notice or liability to us or any third party. If you stop using the Software in any way, you agree that this EULA shall continue in force.

Miscellaneous.

Export Controls. You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge and agree that none of the Software or underlying technology (or any product thereof) may be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iran, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; (c) to any prohibited country, person, end-user or entity specified by United States export laws or (d) otherwise without all necessary United States export licenses and compliance with United States and other export laws.

Governing Law. This EULA and the Privacy Policy shall be governed by and construed in accordance with, the laws of the State of California, without regard to that state's conflict of law provisions. The state and federal courts in and for Los Angeles County, California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this EULA or the Privacy Policy. The United Nations Convention on Contracts for the Sale of Goods does not apply to this EULA or the Privacy Policy.

Entire Agreement. This EULA, as may be modified or updated from time to time as described above, is the entire understanding and agreement between you and ToseekA.com with respect to your use of the Software. If any section or paragraph in this EULA is found to be invalid, illegal, or unenforceable, then you agree that the Agreement shall then be interpreted as if that section or paragraph was removed and the rest of the EULA remained in effect and in place.

Update: December 1, 2006