IMPORTANT – PLEASE READ THE TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER (THE “CUSTOMER”), AND TO BIND THE CUSTOMER TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHOULD CLICK ON THE “CANCEL” BUTTON TO DISCONTINUE ACCESS TO, USE OF, OR CONTRIBUTION TO THE Engines To Search (THE “APPLICATION”). By using this Application you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access, use or contribute to the Application.
This Agreement is a legal agreement between you and Arnold Burg. for the Application, which includes computer software and may include “online” or electronic documentation. Arnold Burg reserves the right to change the terms and conditions of this Agreement at any time and such changes will be effective upon notice to you. Your continued use of the Application after any such change will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this Application.
1. License. Subject to the terms of this Agreement, Arnold Burg grants to you (i) a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license to permit those individuals authorized by you (“Users”) to use, execute and display the Application, in executable object code format only, solely for your own internal business operations. You agree to use the Application only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Application.
2.Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Application available to any third party other than an authorized User; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c) you shall not access the Application to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (e) any future release, update, or other addition to functionality of the Application shall be subject to the terms of this Agreement. 3. Collection of Data. By participating user experience analytics, you allow an agent running in the background. It will collect the user experience data to help Arnold Burg future improvements, as further described in our privacy policy, which is hereby incorporated by reference.
4. Disclaimer of Warranties. The Application is provided to you free of charge, and on an “AS-IS” basis. Arnold Burg provides no technical support, warranties or remedies for the Application. You acknowledge that Arnold Burg is not responsible for any damage, loss, liability or result caused by widgets from other developers. Arnold Burg and its suppliers disclaim all express, implied or statutory warranties relating to the Application, including but not limited to, merchantability, fitness for a particular purpose, title, and non-infringement. Arnold Burg does not warrant that use of the Application will be uninterrupted, or error-free, that defects will be corrected, or that the Application is free of viruses or other harmful components. If applicable law requires any warranties with respect to the Application, all such warranties are limited in duration to ninety (90) days from the date of download or use.
5. Limitation of Liability. Neither Arnold Burg nor its suppliers shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental or consequential damages including, but not limited to loss of revenues and loss of profits. Arnold Burg aggregate cumulative liability hereunder shall not exceed the greater of fifty dollars ($50.00) or the amount paid by you for the Application that caused such damage. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
6. Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between Arnold Burg and you. Arnold Burg would not be able to provide the Application on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Arnold Burg suppliers.
7. Term and Termination. This Agreement and the licenses granted hereunder are effective on the date you accept the terms of this Agreement and shall continue unless this Agreement is terminated by either party pursuant to this section. Arnold Burg may terminate this Agreement immediately upon notice to you in the event that you materially breach any of the terms hereof. You may terminate this Agreement at any time, with or without cause. You may terminate this Agreement by sending either an email to legal@enginestosearch.com with your name and the subject “REMOVE” or to such other address as Arnold Burg may specify in writing by posting the new address on the Arnold Burg website. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Application in your possession, but the terms of this Agreement which are intended to survive termination will remain in effect.
10. Miscellaneous. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
11. Questions or Additional Information. If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to legal@enginestosearch.com.