User:Cyde/Answers.com EULA

Answers Corporation End User Client License Agreement

Thank you for trying out Answers Corporation’s software! This End User Client License Agreement (the "Agreement") applies to Answers Corporation's 1-Click Client Software, or any other software product of Answers Corporation, including, but not limited to, 1-Click Answers for Windows, 1-Click Answers for Mac OS-X, the AnswerBar, and any upgrades to any of the foregoing (collectively referred to as the "Software" or the "Product"). As used in this Agreement, the term "Answers" shall mean Answers Corporation, a Delaware corporation, and the term "Licensee" or "You" shall mean the individual or entity licensing the Product.

This Agreement is an electronic agreement and is a legally binding contract, equivalent to a signed, written contract between You and Answers. By clicking on the Accept button below, You consent to enter into this Agreement in its electronic form and accept and agree to be bound by all the terms of this Agreement. In such event, You will be permitted to access the Software. If You do not accept and agree to be bound by the terms of this Agreement, You must immediately cease installation of the Software and You will not be permitted to access the Software.

1. LICENSE GRANT. Subject to the terms of this Agreement, Answers grants Licensee a limited, royalty-free, non-exclusive and non-transferable license to use the executable code version of the Product on a single computer for each license downloaded. The Product is designed to be used in conjunction with Answers’ services. Accordingly, Answers’ Terms of Use and Privacy Policy also govern use of the Product. This license does not entitle Licensee to receive from Answers any hard-copy documentation. This license does not entitle You to receive technical support, telephone assistance, or enhancements or updates to the Product, although, Answers may provide such products or services, at its discretion. You may not use the Software in any manner that could damage, disable, overburden, or impair Answers’ services (e.g., you may not use the Software in an automated manner), nor may you use the Software in any manner that could interfere with any other party's use and enjoyment.

2. THIRD PARTY SOFTWARE. The use of any third party software product included in the Product shall be governed by the specific terms of such third party's license agreement and not by this Agreement, whether that third party's license agreement is presented for acceptance the first time that the third party software is invoked or is included in a file in electronic form.

3. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of the Product or documentation associated with the Product, including without limitation, translation, customization or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) use the Product for timesharing or service bureau purposes or for the benefit of any other person or entity; (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (vi) publish any results of benchmark tests run on the Product.

4. TERMINATION. This license Agreement shall be in effect for as long as the Product is installed on Your system through which the Product can be accessed. Notwithstanding, You may terminate this Agreement at any time by uninstalling the Product from your system and deleting and destroying all copies of the Product. Without prejudice to any other rights Answers may have under this Agreement or applicable law, Answers may terminate this Agreement and the license granted herein at any time in the event that Answers determines that You have violated any of the terms hereof. Upon notice of such termination, You must immediately uninstall the Product from your system and delete and destroy all copies of the Product.

5. PROPRIETARY RIGHTS. The Product and all Intellectual Property Rights therein and related thereto are and shall remain the sole and exclusive property of Answers and/or its licensors or suppliers. The Product is protected by copyright and other intellectual property laws and by international treaties. Subject to the terms of this Agreement, You have a limited license only to use the Product as set out herein as long as this Agreement remains in force. All rights not explicitly granted to You in this Agreement are reserved to Answers. "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.

6. DISCLAIMERS AND WARRANTIES. Answers makes its software available in conjunction with or through the Product and disclaims any responsibility for any harm resulting from your use of the Product.

THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. ANSWERS DOES NOT GUARANTEE THE SECURITY, RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF THE PRODUCT. THE LICENSEE SHOULD NOT USE THE PRODUCT FOR EMERGENCY PURPOSES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR INSTALL AND/OR USE THE SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT 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 SOFTWARE AND SUCH THIRD PARTY SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANSWERS, ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE PRODUCT AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, FROM INABILITY TO USE THE PRODUCT AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). IN NO EVENT, SHALL ANSWERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE LICENSE GRANTED HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE TO YOU. IN ADDITION, LICENSEE SHALL BE SOLELY RESPONSIBLE, AT ITS OWN EXPENSE, FOR ACQUIRING, INSTALLING, MAINTAINING AND UPDATING ALL CONNECTIVITY EQUIPMENT, HARDWARE, SOFTWARE AND OTHER EQUIPMENT AS MAY BE NECESSARY FOR IT TO USE THE PRODUCT.

8. PRIVACY. Answers protects and uses your personally identifiable data as set forth in Answers' privacy policy (the "Privacy Policy"). Answers will not disclose such personally identifiable data to third parties without your permission, except under those circumstances set forth in the Privacy Policy. You agree that in the event that Answers as a company is acquired, the acquirer will have access to your personally identifiable data on the same terms and conditions as set forth in the Privacy Policy. Answers may disclose non-personally identifiable data in aggregate form. 9. MISCELLANEOUS. (A) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. (B) This Agreement shall be construed, interpreted and governed by the laws of the State of New York, U.S.A., without regard to conflict of law provisions. The exclusive forum for any disputes arising out of or relating to this Agreement shall be the courts of the State of New York. (C) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (D) If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the other provisions of this Agreement shall remain in full force and effect. (E) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. (F) A waiver by either party of any term of this Agreement or any breach thereof in any one instance shall not be deemed to be a waiver of such term or breach thereof in any subsequent instance, and any waiver hereunder shall only be effective if it is in writing and signed by the waiving party. (G) The provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (H) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. Answers may assign this Agreement to a third party at any time. (I) This Agreement shall be binding upon clicking on the "Accept" button and shall inure to the benefit of the parties, their successors and permitted assigns. (J) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (K) Any professional services, by Answers, not specifically mentioned in this Agreement that may be provided to Licensee shall only be provided pursuant to the terms of a separate professional services agreement between Answers and Licensee. The parties acknowledge that such services are acquired independently of the Product licensed hereunder, and that the provision of such services is not essential to the functionality of the Product. (L) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.

10. LICENSEE OUTSIDE THE U.S. If Licensee is located outside the U.S., then Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Product, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable.

Last Rev. December 2005