Hot Rod Cars Screensaver End user license agreement

Scenic Reflections Screen Savers Licensing Agreement & Terms and Conditions

PLEASE CAREFULLY READ THE TERMS & CONDITIONS OF THIS AGREEMENT BEFORE CLICKING ON THE "YES" BUTTON. BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY & ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH &/OR YOU DO NOT FIT ALL OF THE END USER REQUIREMENTS OF THIS AGREEMENT, CLICK THE "NO" BUTTON & DO NOT USE THIS SOFTWARE.

Scenic Reflections Screen Savers and Wallpaper are not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.

1. Bit Wise Publishing grants to you a non-exclusive, non-sublicensable license to use the Scenic Reflections Screen Saver and the Scenic Reflections Wallpaper software products (the "Software"), in binary executable form.

2. BIT WISE PUBLISHING MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION INCLUDED WITH THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. BIT WISE PUBLISHING SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.

3. All content included with the Software is the property of the applicable content owner & is protected by applicable copyright law. This License gives you no rights to such content.

4. Title, ownership rights, & intellectual property rights in & to the Software shall remain in Bit Wise Publishing &/or its suppliers. You agree to abide by the copyright law & all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Bit Wise Publishing &/or it's suppliers & therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.

5. Bit Wise Publishing may terminate this License at any time by delivering notice to you. You may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License, you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 4 & 6. This License is personal to you & you agree not to assign your rights herein. This License shall be governed by & construed in accordance with the laws of the State of Georgia &, as to matters affecting copyrights, trademarks & patents, by U.S. federal law. This License sets forth the entire agreement between you & Bit Wise Publishing.

6. BIT WISE PUBLISHING OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR

(a) INCEDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF BIT WISE PUBLISHING HAS BEEN INFORMED OF THIS POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION & EXCLUSION MAY NOT APPLY TO YOU.

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MY SEARCH BAR SOFTWARE PRODUCT LICENSE TERMS

BY CLICKING ON THE "YES" BUTTON FOR PURPOSES OF INITIATING THE INSTALLATOIN THE MY SEARCH TOOLBAR SOFTWARE PRODUCT (THE "APPLICATION") & DOWNLOADING & INSTALLING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS & CONDITIONS:

1. License Grant
Subject to the terms & conditions of this Agreement, Bulldog Holdings, Inc., d/b/a My Search ("My Search") grants you a non-exclusive, revocable, limited license, to (a) download & install the most current versions of the Application & (b) use the Application(s) you download & install for your personal, non-commercial purposes.

2. License Restrictions
Your license to an existing version of a particular Application may, at our discretion, expire when new versions of that Application are released. We reserve the right to add additional features or functions to existing Applications. When installed on your computer, an Application periodically communicates with our servers. Additionally, we may require the updating of an Application on your computer when we release a new version of an Application, or when we make new features available. This update may occur automatically or through other means & may occur all at once or over multiple sessions. You understand that we may require your review & acceptance of our then-current Privacy Policy & License Agreement before you will be permitted a limited license for any subsequent versions of our Applications. You acknowledge & agree that we have no obligation to make available to you any subsequent versions of our Applications. You may not sell, lease, sublicense, distribute, copy (other than a single copy for your own backup purposes), or in any way transfer any of our Applications. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble our Applications, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to create derivative works of our Applications. All modifications or enhancements to our Applications remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use any of our Applications at any time, & we may at any time suspend or terminate any license hereunder & disable any Applications you may already have accessed or installed without prior notice or further obligation to you.

This is a limited license to use our Applications, & not a sale or transfer of ownership, in whole or in part, to any Application. We reserve all rights in our Applications not expressly granted to you in this Agreement.

3. Other Restrictions
You may not rent, lend, assign, lease or sublicense any Application, or use any Application for the benefit of any third party through any outsourcing or time sharing arrangement or through the operation of any service bureau, but you may transfer your rights under this Agreement on a permanent basis provided (i) you transfer all copies of any of our Applications you may possess & of this Agreement (including the Privacy Notice); & (ii) the recipient agrees to be bound by this Agreement including the Privacy Notice. Any transfer must include the most recent product upgrade. When you transfer an Application, you must remove all remaining copies of the Application from your computer & destroy any other copies, whether true or modified, in your possession.

4. Ownership
You acknowledge & agree that each of our Applications is licensed, not sold to you. You agree that we own all of our Applications, including all Intellectual Property Rights in or relating to each Application, except as otherwise specified or expressly granted to you in this Agreement. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright & trade secret laws, & any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on any Application. My Search reserves all rights not specifically granted in this Agreement. We retain all ownership & Intellectual Property Rights in each of our Applications at all times, & regardless of the form or media in or on which the original or other copies may subsequently exist.

You acknowledge that each of our Applications, including all code, content, protocols, software, & documentation provided to you by My Search in conjunction with the Applications or our services are My Search's property or the property of My Search's licensors, & are protected by U.S. & international copyright, trademarks, patents & other proprietary rights & laws relating to Intellectual Property Rights. You acknowledge that you do not acquire any ownership rights in any such content, protocols, software or documentation & that you may not resell any of our Applications or services (or any part thereof) or any such content, protocols, software or documentation. All rights not expressly granted hereunder are expressly reserved to My Search & My Search's licensors.

5. Content & Infringement
You understand that all content, including, without limitation all data, links, articles, graphic or video messages & all information, text, software, music, sound, graphics or other materials ("Content") made available through the Applications or our services, whether publicly posted or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand & agree that by using an Application, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will My Search be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Application.

We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, & should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge & agree that by using our Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, & that you accept all such risk as solely your risk & responsibility.

In addition, all content made available or accessed through our Applications is the property of the applicable content owner & may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.

My Search respects & expects its users to respect the rights of copyright holders. On notice, My Search will act expeditiously to remove content accessible through our services that infringes the copyright rights of others. My Search will disable the access to the Applications & our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice & Procedure for Making Claims of Copyright Infringement located here.

6. Consent to Installation & Right to Uninstall
You understand that you may uninstall any of our Applications at any time by using the Windows add/remove programs function or following the instructions listed on our website at http://help.mysearch.com/searchbar.html#q4. However, by uninstalling the Applications, you will be unable to access our services &, in some instances, unable to use software with which the Application was bundled. You understand, acknowledge & agree that installation of an Application permits the downloading to your computer by My Search of software which allows us to update the Application, & that such updates may occur without notice to you, unless the terms of this Agreement change in a material way. You agree to accept all such updates & agree that they are & shall be governed by this Agreement unless superceded by a successor agreement as described below.

You further understand, acknowledge & agree that in consideration of the Applications, services & information provided to you by My Search, & in order to make our services functional & robust, the Application may communicate with our servers. The Application does not monitor or report back to My Search with information about where you are traveling or what you do on any web sites. The Application communicates only in connection with verifying & updating your settings (which may be adjusted from the My Search website) or in connection with updates. You hereby consent to such communications & our use of such information. If you wish to withdraw your consent to our gathering & use of such data & information, uninstall our applications.

7. Your Obligations
You represent & warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree, with respect to all other users of your computer, to (i) provide a copy of this Agreement; & (ii) obtain their consent to this Agreement before allowing them to use the computer to access the Internet. You agree to provide & to maintain fully accurate, complete & current information related to your registration for the Applications & our services & information that may be required in the course of your use of our services. If My Search has reasonable grounds to suspect that such information is inaccurate, not current or not complete, My Search has the right to suspend or terminate your account, deny any or all use of the Applications or our services, & pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement & in furtherance of your use of our services. You may use our services only for lawful purposes. The services described herein are subject to, & you agree that you shall at all times comply with, all local, state, national, & international laws, statutes, rules, regulations, ordinances & the like applicable to use of the My Search services & Applications. You agree not to use the My Search services & Applications to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.

8. Access & Interference; Passwords
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Applications, services or content, except to remove our Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, & may involve, & cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software & related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation, which may inadvertently be transferred to your computer through your use of our Applications.

In order to access certain services or use certain features of our Applications, you may be required to pay fees &/or accept additional terms & conditions &/or you may be provided you with a number, code or other sequence that provides access to certain restricted services (the "ID") & to your account (the "Password"). You are the sole & exclusive owner of any Password & ID combination issued or chosen by to you. Maintaining the confidentiality & security of your Password(s) & ID(s) is solely your responsibility. You are fully responsible for the use & protection of each Password & ID issued to or chosen by you & for all transactions undertaken by means of any account opened, held, accessed or used via such Password & ID. You shall notify us immediately & confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), &/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password &/or ID has been compromised, we have the right to suspend or terminate your account, refuse any & all current or future use of the services, & pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.

9. Electronic Signatures & Agreements
You acknowledge & agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by My Search to download the software to accept the terms & conditions of this Agreement, you are submitting a legally binding electronic signature & are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement & intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global & National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS & OTHER RECORDS & TO ELECTRONIC DELIVERY OF NOTICES, POLICIES & RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

10. Disclaimer of Warranty
YOU ACCESS & USE OUR APPLICATIONS & SERVICES & ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS & THE CONTENT ON AN "AS IS," & "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR SERVICES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR THE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WE MAKE NO WARRANTY THAT (i) WE CAN IDENTIFY ANY IDENTITY THEFT, (ii) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (iii) ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

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

12. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE & AGREE THAT IN NO EVENT WILL MY SEARCH, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MY SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN MY SEARCH'S AGGREGATE LIABILITY, FOR ANY REASON & FOR ANY CAUSE OF ACTION & ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY MY SEARCH PER USER OF MY SEARCH SOFTWARE PRODUCTS PER MONTH AS CALCULATED BY MY SEARCH BASED ON THE USE OF SUCH PRODUCTS (& NOT OTHER PRODUCTS OR SERVICES OFFERED BY MY SEARCH) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN AN APPLICATION USER THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, & SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS' FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH OUR APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING OUR APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF OUR APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF OUR APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law. IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE ?‚§1542, WHICH SAYS: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

13. Export Controls
The Applications & the underlying information & technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using our Applications, you agreeing to the foregoing & you represent & warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, & that you will otherwise comply with all applicable export control laws.

14. Notice to Government End Users
Any Applications, software & documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies &/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that term is defined at 48 C.F.R. ?‚§2.101, consisting of "Commercial Computer Software" & "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ?‚§12.212 or 48 C.F.R. ?‚§227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. ?‚§ 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data & Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) & (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

15. Applicable Law
My Search provides the services from within the State of New York, although they may be accessed & used throughout the world. By accessing or using our Applications or our services, you agree that the substantive laws of the State of New York shall govern all matters relating to or arising from this Agreement, & the use (or inability to use) any or all of the services or our Applications, & that such laws shall apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth below, you hereby submit to the exclusive jurisdiction & venue of the appropriate State & Federal courts located in Westchester County, New York, with respect to all matters arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 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 My Search Service, any Application or the My Search Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Arbitration
Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis & shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, & you hereby waive all rights to claim punitive, incidental or consequential damages, & you further waive all rights to have damages multiplied or increased. This shall not preclude us from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, & any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, & will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties pending the award. The parties, their representatives, other participants, the arbitrator(s) & the administrator(s) of the arbitration will hold in confidence the existence, content & outcome of the arbitration. The parties understand that: (i) arbitration is final & binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than & different from court procedures; & (iv) any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

17. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the My Search website at least 14 days prior to the effective date of the change & will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.

You agree that your continued use of any Application or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to My SearchSoftwareProducts@help.Mysearch.com that you do not accept the successor Agreement & remove all of our Applications from your computer & cease all access to & use of our services hereunder. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current Agreement.

18. Order of Precedence
This Agreement & any accepted successor Agreement governs your use of our Applications & our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Applications or services, conflicts with any provision of other agreements between you & My Search or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement.

19. General
This Agreement, as modified from time to time as described above, & including the My Search Privacy Policy, Terms of Service & any other policies incorporated by reference, sets forth the entire understanding & agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement & your access to the Applications or our services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason & by either party, you agree to cease all use of the Applications & our services. Except as otherwise provided in this Agreement, you shall not thereby be entitled to any refund or credit. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by My Search or acts as estoppel against later enforcement. Subject to the terms of the Order of Precedence set forth above, this Agreement constitutes the entire agreement between you & My Search with respect to the specific subject matter addressed herein, & governs your use of the Applications & our services, superseding any prior agreements between you & My Search or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with My Search or its affiliates or related entities pursuant to a registration to access additional Applications or services. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of My Search. You may not assert any claim or cause of action arising out of or relating to your use of our Application or the services more than one year after the date such claim or cause of action arose. My Search shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of My Search. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, & that the other provisions of this Agreement remain in full force & effect. Sections 2-5, 7-16 & 19 of this Agreement will survive any expiration, cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only & have no legal or contractual effect.

Without limiting the foregoing, My Search Software Products & My Search's Services are not intended for use by or availability to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY MY SEARCH SOFTWARE PRODUCT OR APPLICATION & YOU MAY NOT ACCESS THE SERVICES.

VERSION: 1.2
EFFECTIVE DATE: December 4, 2002

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ABOUT BARGAIN BUDDY
Bargain Buddy is installed on your computer and delivers relevant contextual information to you in the form of advertisements based on URLs and/or search terms you enter when navigating the Internet.

Bargain Buddy does not obtain personal information from you. We do not transmit or collect your browsing activity and do not store any of information that records your browsing behavior. On a daily basis, Bargain Buddy collects only aggregate statistics about the URLs and search terms you enter. Bargain Buddy does not build up a profile for you or attempt to correlate demographic or personal information.

By downloading the Bargain Buddy, you accept the Bargain Buddy License Agreement, which gives eXact Advertising LLC permission to display relevant contextual information. It is our strict policy to distribute Bargain Buddy only to users who have been provided the Bargain Buddy license agreement. If you believe you have received Bargain Buddy without the license agreement being provided, please let us know at bargainbuddy@mail.com.

Bargain Buddy protects user privacy and does not require personally identifiable information. Our privacy policy is always displayed when users install Bargain Buddy. Below is an excerpt from the Bargain Buddy privacy policy:

If you want to uninstall Bargain Buddy, you can do so easily through the add/remove function in your control panel. You can access your control panel by going to: (1) START (the button in the bottom right of your computer) 2) Choose SETTINGS 3) Choose CONTROL PANEL 4) Choose ADD/REMOVE PROGRAMS 5) Select BARGAIN BUDDY 6) Click on ADD/REMOVE.

Of course we encourage you to leave it on so that you can benefit from the occasional offers that it shows you. If you need more information, or experience any technical problems, please contact us at bargainbuddy@mail.com.

Copyright c2002 eXact Advertising LLC. All Rights Reserved.

LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING BARGAIN BUDDY (THE "SOFTWARE") PROVIDED BY EXACT ADVERTISING LLC USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. EXACT ADVERTISING LLC RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.

The Software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the software or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the software.

Bargain Buddy is not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.

Disclaimer of Warranty
You expressly agree that the use of this software is at your own risk. The software is provided on an "As Is" basis, without warranty of any kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. eXact Advertising LLC reserves the right to periodically update and/or upgrade the software at the company's discretion. Your installation of the software indicates your acceptance of potential future updates and/or upgrades to the software.

The information and services provided by the software and/or eXact Advertising LLC are similarly provided on an "As Is" basis, without warranty of any kind. The accuracy and reliability of any information content or services provided by the software and or eXact Advertising LLC should be independently verified by you as the user prior to making purchase decisions and or any other decisions based on such information content and services.

Privacy
By downloading Bargain Buddy you give permission to eXact Advertising LLC to display relevant contextual information and offers. In order to provide Bargain Buddy users with such information, Bargain Buddy delivers content based on the URL visited by the user and/or search terms entered by the user into a search engine and/or content on the web page being viewed by the user. Bargain Buddy does NOT assemble personally identifiable profiles of Bargain Buddy users and personally identifiable information is not required in order to use the Bargain Buddy software. eXact Advertising LLC may update it's privacy policy and license agreement for Bargain Buddy at any time at the discretion of the company.

Limitation of Liability
To the maximum extent permitted by law, in no event will eXact Advertising LLC or its agents be liable for any damages arising from the use of or inability to use the software, including, without limitation, damages to users' systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses.

Bit Wise Publishing and Scenic Reflections are trademarks of Bit Wise Publishing, LLC.

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