Hotbar Eula

NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("EULA” or “AGREEMENT") APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY PINBALL CORP, AND ITS SUBSIDIARIES (REFERRED TO IN THIS AGREEMENT AS "WE" OR "PINBALL") FROM ANY PINBALL WEBSITE. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY PINBALL SOFTWARE (DEFINED IN SECTION 1 BELOW), BUT SHALL NOT GOVERN YOUR USE OF ANY OTHER SOFTWARE (DEFINED IN SECTION 3 BELOW). PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT," "FINISH," "CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY PORTION OF THE PINBALL SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PINBALL SOFTWARE.

Special Notice for Non-English Speakers:

The Pinball Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Pinball Software. In any event, if you choose to install or Use the Pinball Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.

Special Notice for Residents of the State of Alaska, USA:

The Pinball Software may be prohibited by Alaska law. Therefore, by installing or Using the Pinball Software, you represent and warrant that your computer is not located in the state of Alaska. To the extent that our systems are able to recognize that your computer is located in the state of Alaska, we will not enable you to install the Pinball Software.

Notice for All Users:

By installing the Pinball Software, you get free access to sponsored content available on the Internet and other software applications. The Pinball Software will show you a limited number of ads that pop up on your screen in a separate browser and/or in a Slider format similar to an Instant Messaging notification. The ads are based on keywords from the websites you visit. Please note that you may receive Adult-oriented ads if you utilize keywords connected to, search for or view Adult websites. See Section 7.2 below for more details. Please also note that, depending on your browser version, Pinball may become the default search provider. Once installed and running, you can access the Pinball Software from your system tray, and you can uninstall it at any time by using the Add or Remove Programs feature of Microsoft Windows. Please see Section 3 below for important terms and conditions regarding other software applications distributed by Pinball.

1. Definitions. "Pinball Software" means (a) the Search Assistant (as described in Section 7), or any other software or digital content owned and provided by Pinball, that accompanies this Agreement; and (b) any bug fixes, upgrades, modified versions or updates to the Pinball Software (collectively referred to as "Updates") that we subsequently provide to you. "Use," "Used" or "Using" means to access, install, download, copy or benefit from utilizing the functionality of the Pinball Software.

2. Owner of Computer; All Users Bound; Age Limitation; Software License. You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of the Pinball Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Pinball Software to reside, to provide a copy of this Agreement and to obtain their consent to the terms and conditions of this Agreement before allowing them to Use the Pinball Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Pinball Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Pinball Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Pinball Software. By accepting the terms of this Agreement and Using the Pinball Software, you represent that you are over the age of 18. As long as you comply with, and subject to, the terms of this Agreement, Pinball grants to you a non-exclusive, revocable license to Use the Pinball Software, in binary executable form only, solely for the purposes described in this Agreement.

3. Other Software. In addition to the Pinball Software, you will also be given the opportunity to access, download and/or use the technologies, services and/or content owned by third parties (collectively, “Other Software”). If you choose to access or use such Other Software, you acknowledge and agree that your rights to such Other Software are governed solely by the license terms and conditions accompanying the Other Software. For example, you may be required to click and accept additional end user license terms (“Other EULA”) prior to the download, installation, copying or use of such Other Software. The Other EULA governs your use of Other Software, and not the terms of this Agreement. However, such Other EULA shall not affect any terms in this Agreement or your use of the Pinball Software. You further agree that Pinball is not responsible for any loss or damage of any sort incurred as a result of your download, installation, or use of Other Software, and you hereby waive and hold Pinball harmless from any losses arising under any claim you may have against Pinball with respect to Other Software.

4. Restrictions. You will: (a) not reverse engineer, disassemble or decompile the Pinball Software or attempt to discover or recreate the source code to the Pinball Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Pinball Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Pinball Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of Pinball or its licensors in the Pinball Software, (e) not Use the Pinball Software for purposes for which it is not designed, and (f) only Use the Pinball Software for personal, non-commercial use.

5. Intellectual Property Rights. The Pinball Software is the intellectual property of, and owned by Pinball and its licensors and suppliers. The structure, organization and code of the Pinball Software are the valuable trade secrets and confidential information of Pinball and its licensors and suppliers. The Pinball Software is protected by state, federal and international copyright protections, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Pinball Software by implication, estoppel or any other legal theory, and all rights not expressly granted in this Agreement are reserved by Pinball and its assigns, licensors and suppliers. One or more patents cover the features and services associated with this software including without limitation: US Patent No. 7,159,192, US Patent No. 6,784,900, US patent application publication 20070162867; and all continuation patent, continuation-in part patents, and divisional patents and corresponding foreign counterparts.

6. Third Party Code; Notice and Attribution. The Pinball Software includes third party software subject to open source license terms, including, without limitation, the following applications: Encryption Engine, Compression Algorithm, PCRE, Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows:

Encryption Engine: Copyright © 2002, Dr Brian Gladman brg@gladman.me.uk, Worcester, UK.

Compression Algorithm: Copyright © 1995-2002 Jean-loup Gailly and Mark Adler.

PCRE: THE BASIC LIBRARY FUNCTIONS Written by: Philip Hazel, Email local part: ph10, Email domain: cam.ac.uk University of Cambridge Computing Service, Cambridge, England. Copyright © 1997-2007 University of Cambridge All rights reserved. THE C++ WRAPPER FUNCTIONS Contributed by: Google Inc. Copyright © 2007, Google Inc.

Firefox Plug-ins: Copyright © 1998 Netscape Communications Corporation. All Rights Reserved.

NSIS Toolkit and Plug-ins: Copyright © 1995 – 2009 Contributors as identified at http://nsis.sourceforge.net/Main_Page

Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the Pinball Software.

You acknowledge and agree that your right to use these publicly available components of the Pinball Software is governed by the terms applicable to each application (“Other Software Terms”). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application. In no event shall the Pinball Software be deemed “open source” or “publicly available” software.

7. Important Information Regarding Pinball's Search Assistant Software. Pinball Software incorporates search functionality software (the “Search Assistant Software”), described as follows:

7.1. Functionality. The Search Assistant Software recognizes keywords from your Internet browser to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Search Assistant Software); the advertisements pop-up on your screen in a separate browser and/or are displayed in a Slider format similar to an Instant Messaging notification. The Search Assistant Software neither stores any personally identifiable information nor records your browsing behavior. Please refer to Section 12 (below) for further information about our privacy policies.

7.2. Display of Advertising. The Search Assistant Software starts automatically when you start your computer, runs in the background on your computer, displays an icon in your system tray while running, and may periodically direct you to our sponsors' websites and/or show you other forms of advertisements (including the Slider format). By installing and/or using the Search Assistant Software you grant Pinball permission to periodically show you advertisements. The frequency of these advertisements (which will, for example, pop up on your screen in a separate browser and/or be displayed in a Slider format) will be limited. Depending on Internet activity, active users may see about five (5) advertisements per day; some may see more, some may see fewer. In addition to these ad formats, you may also receive advertising in the form of icons that are added to your desktop during the Search Assistant install. When you click any of the icons you will be directed to that advertiser’s offer. If you decide that you do not want these icons on your desktop, you can easily remove them by clicking on them and pressing the “Delete” key on your keyboard. To see a representative example of advertisements that may be displayed, go to http://www.hotbar.com/about/products.aspx, which is incorporated herein by reference. To see a representative example of an advertisement that may be displayed, go to http://www.hotbar.com/about/products.aspx, which is incorporated herein by reference. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Search Assistant Software includes a function that may redirect your web browser to our sponsor's websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Please note that you may receive ads for Adult-oriented websites if you utilize keywords connected to, search for or view Adult websites. An Adult website is one that contains or references (whether via audio, video, audiovisual, images, sounds or text) any of the following: profanity, violence, blood and gore, weapons, use of alcohol, drugs, tobacco, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references. Pinball does not permit ads that are themselves pornographic, nor does it permit advertisements for online "pay-for-play" gambling, either directly or indirectly, in the United States or other jurisdictions where such advertisements are disallowed. More generally, Pinball does not permit ads promoting illegal products or illegal practices. If you believe you have received an ad that violates these prohibitions, please contact us at the web or street address listed in the last section of this Agreement. We request that you enclose a screenshot of the advertisement (including its ad label) in your communication to us.

7.3. Identification of Advertisements. The advertisements that the Search Assistant Software presents (including those provided in a separate browser window and displayed as Slider advertisements) are not endorsed by or affiliated with the websites that trigger their appearance. Advertisements that the Search Assistant Software presents are branded with a Pinball brand name in, for example, the browser window or in a conspicuous line of text at the bottom of a Slider advertisement. This branding will let you know that the advertisements are brought to you by Pinball and the Search Assistant Software and not by the website you may be viewing when the advertisements are displayed.

8. Uninstallation. You understand and agree that the presence of the Pinball Software on your computer is voluntary and that you may remove the Pinball Software from your computer at any time. The Pinball Software may be uninstalled by going to the "Add or Remove Programs" menu on your computer and clicking the "Remove" button next to the entry for the Pinball Software. Specifically, to uninstall the Pinball Software, please follow these steps: 1. Go to Start menu; 2. Select Control Panel; 3. Select Add or Remove Programs; 4. Select the Pinball Software; 5. Click Change/Remove. You may be required to restart your computer in order for the uninstallation to take effect. Please note that the above is the only proper way to ensure complete removal of all Pinball files – many security applications or other software tools will not completely or properly remove all of the Pinball files. Some Internet content and software publishers ("Content Providers"), including Pinball, require that their users have certain portions of the Pinball Software (including the Search Assistant Software) installed on their computer in order to access their content or use their software applications. Uninstallation of such portions of the Pinball Software may impact your ability to access such content and/or use such software.

9. Updates. Pinball, in its sole discretion, may provide you with Updates to the Pinball Software as part of this Agreement. The Pinball Software will automatically check with Pinball for the existence of any Update that Pinball has released, and in the event that one is available, the Pinball Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring Pinball to provide Updates. Pinball will not install any new software or Update that in our reasonable judgment has functionality that is materially different from the functionality of the previously installed Pinball Software without your prior consent.

10. Disclaimer of Warranties and Remedies; Indemnity.

10.1. No Warranty; Disclaimer. YOUR USE OF THE PINBALL SOFTWARE IS AT YOUR SOLE RISK. THE PINBALL SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PINBALL, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PINBALL, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE PINBALL SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE PINBALL SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PINBALL SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PINBALL SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE PINBALL SOFTWARE WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA PINBALL SOFTWARE OR THE USE OF THE PINBALL SOFTWARE ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND PINBALL EXPRESSLY DISCLAIMS ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PINBALL SOFTWARE, INCLUDING OTHER SOFTWARE, IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINBALL OR THROUGH OR FROM THE PINBALL SOFTWARE SHALL CREATE ANY WARRANTY.

10.2. Limitation of Damages. NEITHER PINBALL NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE PINBALL AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE PINBALL SOFTWARE OR THE OTHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF PINBALL OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PINBALL'S OR ANY OF ITS LICENSORS’ OR SUPPLIERS’ ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW OR SHALL BE RECONSTRUCTED TO COMPLY WITH THE DISCLAIMER'S INTENT TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

Any representations made with respect to, and support or assistance offered by Pinball in connection with, the Pinball Software are offered by Pinball only and not by any third party providing open source to Pinball.

11. Use of Information. By installing the Pinball Software, you grant Pinball permission to collect and use certain information. You acknowledge that you have reviewed the Pinball Privacy Policy, which describes Pinball's practices with respect to the collection, use and disclosure of information in connection with your Use of the Pinball Software. A copy of the Privacy Policy is available at http://www.hotbar.com/about/privacypolicy.htm. Pinball reserves the right to change the provisions of its Privacy Policy from time to time. Pinball will post any changes to the Privacy Policy at the website address in the preceding sentence. Your Use of the Pinball Software following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.

11.1. Infringement Reporting Procedure. Pinball shall not be responsible for Other Software and/or content hosted by non-Pinball content providers. However, if you are aware of any infringing or illegal content hosted by a website that utilizes the Pinball Software as an access control mechanism, please refer to Section 8 of Pinball’s Terms of Use located at http://www.hotbar.com/about/termsofuse.htm, and follow the instructions therein to report such infringing activities.

12. Compatibility. Pinball does not warrant that the Pinball Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Pinball Software is not compatible with your hardware or other software installed on your computer system, the Pinball Software can be uninstalled. Please refer to Section 8 (above) for detailed uninstall directions. Like all software, the Pinball Software utilizes some of your computer's resources to run, including system memory and your Internet connection. Use of the Pinball Software on a computer with inadequate system resources will cause such computer's performance to suffer.

13. User Representations and Warranties. You acknowledge, represent and warrant that (a) you own the computer on which you are installing the Pinball Software, or have the authority to install the Pinball Software on such computer; (b) your installation and/or Use of the Pinball Software will not violate any local, state or federal laws that apply to you or to the Use or installation of the Pinball Software; and (c) Pinball is not causing the Pinball Software to be installed on your computer, but has provided the Pinball Software to you, which you are installing of your own volition.

14. Indemnification. You agree to defend, indemnify, and hold harmless Pinball, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Pinball Software or your breach of this Agreement.

15. Export. You agree that the Pinball Software may not be acquired, shipped, transported, exported, or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Pinball Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

16. Governing Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its choice of law principles to the contrary. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. pursuant to its Comprehensive Arbitration Rules and Procedure (the "Rules"), except as otherwise provided herein. Arbitration shall be the exclusive method of resolving any controversy, dispute or claim arising out of or relating to this Agreement. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. Any arbitration conducted hereunder shall take place in San Francisco, California. Judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator's fee and other expenses of the arbitration process shall be shared equally. The parties shall bear their own respective costs and attorneys' fees. California law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules. Nothing in this section shall prohibit Pinball from seeking injunctive relief before an appropriate court to the extent necessary to protect its rights pending resolution of the dispute in accordance with the foregoing provisions. 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 webpage, the Software, the services or this Agreement must be made within one (1) year after such claim or cause of action arose or be forever barred.

17. United States Government End Users. If you are an end user acting on behalf of the United States Government (“U.S. Government”), the Pinball Software is provided to you with restricted rights. 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 and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Pinball Corp., 3600 136th Place SE, Bellevue, WA 98006 USA.

18. Miscellaneous. This is the entire agreement between Pinball and you relating to the Pinball Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Pinball Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, then that provision shall be deemed severable and will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Pinball. If you violate any term of this Agreement, Pinball may terminate this Agreement without waiving any other rights. This Agreement is assignable by Pinball. You may not assign your rights and obligations under this Agreement.

19. Contact Us. If you have any questions about the Pinball Software, you should first consult the Hotbar website: http://www.Hotbar.com. This site includes links to company information, answers to frequently asked questions, and all of Pinball's current policies. If you have further questions or concerns, please contact us at http://www.hotbar.com/about/contact.aspx or write to Hotbar Support, 3600 136th Place SE, Bellevue, WA 98006.