2by2Bar version 1.1.2.0
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2by2 Bar Terms of Use Thank you for using the 2by2 Bar for Microsoft Internet Explorer! By using this toolbar, ("2by2 Bar") you agree to be bound by the following terms and conditions (the "Terms and Conditions"). Personal Use Only. 2by2 Bar is made available to you for your personal, non-commercial use only (at home or at work). You may not modify, copy, publish, license, create derivative works from or sell any information or software associated with 2by2 Bar, without first obtaining written permission from 2by2.net by contacting techsupport@2by2.net. Furthermore, you may not use 2by2 Bar in any manner that could disable, impair, damage, or overburden 2by2.net's Internet services (e.g., you may not use the 2by2 Bar in an automated manner), nor may you use 2by2 Bar in any manner that could interfere with any other party's use and enjoyment of 2by2.net's Internet services. If you have comments on 2by2 Bar or ideas on how to improve it, please email techsupport@2by2.net. Please note that by doing so, you also grant 2by2.net and third parties permission to use and incorporate your ideas or comments into 2by2 Bar (or third party software) without further compensation. Intellectual Property. You acknowledge that 2by2.net or third parties own all right, title and interest in and to the 2by2 Bar, portions thereof, or software provided through or in conjunction with the 2by2 Bar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from 2by2 Bar. You also agree to not remove, obscure, or alter 2by2.net's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the 2by2 Bar. Disclaimer of Warranties. 2by2.net and any third party who make its software available in conjunction with or through the 2by2 Bar disclaim any responsibility for any harm resulting from your use of the 2by2 Bar and/or any third party software accessed in conjunction with or through the 2by2 Bar. THE 2by2 Bar AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2by2 Bar ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 2BY2.NET AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 2BY2.NET AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2by2 Bar DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF 2by2 Bar AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE 2by2 Bar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2by2 Bar AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF 2by2 Bar AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL 2BY2.NET OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2by2 Bar BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF 2by2 Bar OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF 2BY2.NET AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE 2by2 Bar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2by2 Bar, FROM INABILITY TO USE 2by2 Bar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2by2 Bar, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF 2by2 Bar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 2by2 Bar (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 2by2.net's Internet Service. 2by2 Bar has been designed to be used in conjunction with 2by2.net's Internet services. Accordingly, 2by2.net’s Terms of Service and Privacy Policy also define your use of 2by2 Bar. Miscellaneous Provisions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by 2by2.net and/or a third party who make its software available in conjunction with or through the 2by2 Bar. July 2002 ©2002 2by2.net
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