END USER LICENSE AGREEMENT AND PRIVACY POLICY
MUSIC ARTIST CENTRALTM TOOLBAR

1. Toolbar Installation

If you download the Music Artist Central toolbar (collectively with the features described herein, the "Toolbar"), you will be:
  1. installing a software program on your computer, in the form of a toolbar installed in your Internet browser, with features including a search box and search assistant, that we explain in more detail below;
  2. entering into a contract (specifically, this END USER LICENSE AGREEMENT, or "EULA", which includes our privacy policy, and may incorporate additional, referenced policy(ies)), with IAC Search & Media, Inc. and its parent and subsidiary companies (collectively, "Licensor" or "we", "us" or "our") governing your use of the toolbar software program and any associated website(s).
You must be 13 years of age or older to install or to use the Music Artist Central toolbar. If you are not yet 13 years old or older, you are not permitted to download the Music Artist Central toolbar.

If you are at least 13 but not yet 18 years of age, please have your parents or legal guardian review this END USER LICENSE TERMS/PRIVACY POLICY/TERMS OF SERVICES with you, discuss any questions you might have, and give you their permission to install and use the Music Artist Central toolbar and associated features with both your and their full understanding of the rules. By using the Music Artist Central toolbar and associated features, you are telling us that you and your parents or guardian have agreed to this agreement.

If you are a parent or a guardian, you are responsible for exercising supervision over your child's on-line activities. If you do not agree to this EULA or any of the policies incorporated herein, do not let your child use the Music Artist Central toolbar or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Toolbar, please contact us at eula@help.MyWebSearch.com.

If you do not understand or agree with any part of the rules outlined in these END USER LICENSE TERMS AND PRIVACY POLICY, do not use the Music Artist Central toolbar. If you have any questions or concerns regarding what is written here, please let us know by emailing us to eula@help.MyWebSearch.com. Do not use the Music Artist Central toolbar until these questions and concerns have been answered to your satisfaction, and you agree to abide by the END USER LICENSE TERMS AND PRIVACY POLICY. By using the Music Artist Central toolbar. You represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.

THIS PRODUCT IS NOT SPYWARE OR ADWARE.
IT WILL NOT WATCH HOW YOU USE YOUR COMPUTER.
IT WILL NOT DELIVER POP-UP ADS.

2. Features of the Music Artist Central Toolbar

By downloading the Music Artist Central toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) with the following features:

SEARCH BOX: This is a search box located within the toolbar that will help you search the Internet with search results from Ask.com.

SEARCH ASSISTANT: This provides relevant links and results when you make a search request in your browser address bar or if your browser address (DNS) request is incorrectly formatted or unresolved.

ARTIST LOGO BUTTON: This button provides a variety of hypertext links to third party websites related to the musical artist for which your Toolbar is branded.

MUSIC: This button launches a condensed browser window which draws content from a third party website or service to pre-populate the window with the latest and most popular music from the artist for your listening enjoyment.

VIDEO: This button launches a condensed browser window which draws content from a third party website or service to pre-populate the window with the latest music videos and video highlights from the artist for your viewing enjoyment.

COOL STUFF: This provides a collection of hypertext links that resolve to third party websites containing the latest information, music, downloads, etc., direct from the artist.

ARTIST WEBSITE: This button links users to the artist's main website (owned and operated by the artist or some third party).

BRIDGIT: This button launches a third party website which displays in one view relevant websites and links for the artist across social networking and music related websites.

In addition, an Easy Installer will be downloaded to install this software. It does not install any other software and is automatically deleted the first time you turn off your computer after installation of the above-described products.

You may also have access to websites related to the features described above, (each, a "Website" and collectively, the "Websites"). THE TOOLBAR AND ALL OF THE FEATURES LISTED ABOVE ARE FREE; HOWEVER, CERTAIN WEBSITES MAY CONTAIN OFFERS, OR LINKS TO OTHER WEBSITES WITH OFFERS, THAT REQUIRE PAYMENT.

3. Registration

NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED for use of the Toolbar or associated Websites, except as listed below:

Passwords. In order to access certain services or certain features offered on or via the Websites, you may be required to accept additional terms and conditions and/or, establish an account which would require a unique ID and password. You are the sole and exclusive owner of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us (or the operator of the relevant Website, as applicable) immediately and 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), and/or ID(s) or any related account. If we or the operator of any Website have reasonable grounds to suspect that the security of your password and/or ID has been compromised, your account may be terminated or suspended, you may be refused any and all current or future use of the relevant service(s), and any available legal remedies may be pursued. Neither we nor the operators of the Websites shall be responsible for any losses incurred in connection with any misuse of any password or ID.

Information you provide upon registration. You represent and warrant that you are either the owner or an authorized user of the computer where the Toolbar is installed. If you provide any information in connection with the use of the Toolbar, any Website or any other services IAC Search & Media, Inc. offers, you must provide and maintain accurate, complete and current information. If we or the operators of the Websites have reasonable grounds to suspect that your information is inaccurate, not current or not complete, your use of the Toolbar or associated Website(s) may be terminated or suspended, and any available legal remedies may be pursued. You agree that we and/or the operators of the Websites shall have the right to use the information you provide for the purposes described in this EULA and in furtherance of your use of the relevant services.

4. Un-installation/Removal of the Music Artist Central Toolbar

The Music Artist Central Toolbar can be easily uninstalled. If you want to uninstall this product, there are several ways to do so:

  1. From the "Add or Remove Programs" dialog box in the Windows control panel, where it is listed as "Music Artist Central": You can click on the "Start" button; then click on the "Settings" button, then click on the "Control Panel" button, then click on the "Add or Remove Programs" button, then look for Music Artist Central, and click on the "Change/Remove" button.
  2. You can also click on the Artist Logo button to the left of the search box and select "Uninstall Toolbar" and confirm your wish to uninstall the Toolbar.
5. Privacy and Use of Data

No Spyware, No Adware. The Music Artist Central toolbar does not collect any personal information about you (such as your name, email address, etc.). Further, it does not: (a) collect or report back to us (or anyone else) any information about sites you visit on the Internet; (b) collect or "screen-scrape" any search queries or information that you provide to any other websites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data regarding your computer keystrokes or other data unrelated to the services the Toolbar provides.

Search Queries. The Music Artist Central toolbar, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the marketing or distribution source of the toolbar used by you to conduct your search. If the search query is being generated as the result of a misspelled URL or search term entered in to the browser address bar, we also receive the misspelled URL address or search term. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about search activity is evaluated only on an aggregated basis (excepted in response to a customer service inquiry or legal process).

Cookies. The Music Artist Central toolbar also uses "cookies". We do this for two reasons. First, we use the cookies to store a code designating a marketing or distribution source for the Toolbar. This information allows us to properly distinguish Toolbar for purposes of analyzing retention and usage per marketing or distribution source, on an aggregated basis. Second, the Toolbar uses cookies to store user preferences. Upon accessing the search results pages, cookies may also be placed on your computer to store your use preferences. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties (other than as required by legal process).

Configuration Requests. The Music Artist Central toolbar also sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Toolbar, as outlined above. Such information is anonymous, non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences.

Use of Websites Available from the Music Artist Central Toolbar. We do not collect any personally identifiable information (such as names or email addresses) about you, unless you specifically decide to provide such information (such as by emailing a help request to us or registering for those features requiring or enabling registration). If you choose to provide us with an email address, we will not send an email to you unless you specifically request an email response to a customer service inquiry or contact is required in order to protect someone's safety or to enforce this End User License Agreement. When you use the Websites available from the Music Artist Central toolbar, we or the operator of such Website(s) may place a small text file - called a "cookie" - on your computer that allows the identification of your Web browser. We and/or the Website operators use cookies to improve the quality of services offered, and to store your preferences and settings. Importantly, these cookies do not allow us or the Website operators to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Websites accessible from the Music Artist Central Toolbar. We and the Website operators may also capture your source IP address which is a standard practice for most Internet sites. Your IP address will not be associated with any cookies, nor will your IP address be used in conjunction with any personally identifiable information. We do not sell, rent or trade any personally identifiable information you provide when using the Music Artist Central toolbar or associated Websites. If the Music Artist Central toolbar or related business is ever sold, or if all or substantially all of the assets relating to the Toolbar and associated website(s) are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this agreement. If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall the Music Artist Central Toolbar from your computer.

6. Legal Terms and Conditions

Subject to the terms and conditions of this EULA, we grant you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Toolbar (including all updates thereto), and (b) use the Toolbar you download and install solely for your personal, non-commercial purposes.

6.1. License Conditions

IAC Search & Media owns the Toolbar. The Toolbar, including all code, content, protocols, software, and documentation provided to you by Licensor are Licensor's property or the property of Licensor's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights"means, collectively, rights under patent, trademark, copyright and trade secret laws, and 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 the Toolbar. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Toolbar at any time, and we may at any time suspend or terminate any license hereunder and disable the Toolbar or any of its component features. Further, the operator of any of the features and/or related Websites may, in their sole discretion, modify or discontinue or suspend your right to access such features and/or Websites at any time, and may at any time suspend or terminate any license granted to you and disable such features and/or Websites or any of their component features.

You cannot buy, sell, or tamper with the Toolbar. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Toolbar or use the Toolbar for the benefit of any third party. You may not install the Toolbar on any computer without permission from the owner of that computer. 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 the Toolbar or the Websites, except to remove our Toolbar 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. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Toolbar, or attempt to do so for any reason. You may not access, create or modify the source code of the Toolbar in any way. You do not have the right to and may not create derivative works of the Toolbar. All modifications or enhancements to the Toolbar remain the sole property of Licensor.

Toolbar Updates. We reserve the right to remove, modify or add additional features or functions to the existing Toolbar. When installed on your computer, the Toolbar periodically communicates with our servers. We may require the updating of the Toolbar on your computer when we release a new version of the Toolbar, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Toolbar. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Toolbar.

You may use our Toolbar and Websites only for lawful purposes. The services we provide are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Toolbar and Websites. You agree not to use the Toolbar, Websites, or any other services provided by Licensor 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.

6.2. Content and Infringement

Links and Search Results. The Toolbar and Websites may provide access to search results or other links to other websites, services or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Access to Content through the Toolbar and Websites. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Toolbar and Websites, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by using the Toolbar or the Websites 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 Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Toolbar or links to such Content from the Websites.

The Websites and other sites or services linked to by the Toolbar may be operated or controlled by third parties. Your use of such Websites, other sites and/or services may be subject to different terms, conditions and policies. WE RECOMMEND THAT YOU REVIEW THE TERMS & CONDITIONS, TERMS OF USE, TERMS OF SERVICE, PRIVACY POLICY AND/OR ANY OTHER APPLICABLE AGREEMENTS OR POLICIES POSTED ON ANY WEBSITE OR SERVICE ACCESSED OR USED BY YOU VIA THE TOOLBAR.

The Toolbar and Websites are exposed to various security issues, and should be regarded as unsecure. By accepting this EULA, you acknowledge and accept that the Toolbar, Websites, and any information you download or offer to share by means of the Toolbar or Websites, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.

Copyright Protection of Content you display using our services. You are solely responsible for the Content you display on or thorough the use of the Toolbar or Websites. It is your obligation to ensure that the display of any Content including photos, text, video and music files, is not violating any copyright. You must either own or have a license to use any copyrighted Content that you display on the Websites.

Licensor respects, and expects its users to respect the rights of copyright holders. On notice, Licensor will act appropriately to remove Content that infringes the copyright rights of others. Licensor reserves the right to disable the access to the Toolbar, Websites or other 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 copyright rights, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact IAC Search & Media's Copyright Agent for Notice of claims of copyright infringement as follows:

Copyright Agent
IAC Consumer Applications & Portals (Music Artist Central)
One North Lexington, 9th Floor
White Plains, NY, 10601
dmca@iaccap.com

Objectionable Content. Licensor will also act appropriately to remove Objectionable Content.
"Objectionable Content" may include, but is not limited to:

  • Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
  • Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
  • Content that may harm minors in any way;
  • Content that has the goal or effect of "stalking" or otherwise harassing another
  • Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
  • Content that is vulgar, offensive, obscene or pornographic,
  • Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
If we become aware that, while using any Website, you have uploaded, posted or shared Objectionable Content, we may disable your account.

Ownership of Content you Submit. You retain ownership of all rights in the content that you display on or through the use of the Websites. However, you grant us and the operator of such Website permission to use such Content in any way we or the operator sees fit, for instance for the purposes of promoting our services. If at our request you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of IAC Search & Media. None of the Submissions shall be subject to any obligation of confidence on the part of IAC Search & Media, and IAC Search & Media shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, IAC Search & Media shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

6.3. Disclaimer of Warranty

YOUR ACCESS AND USE OF THE TOOLBAR, FEATURES, WEBSITES AND SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE TOOLBAR. WE PROVIDE THE TOOLBAR, FEATURES, WEBSITES AND CONTENT ON AN "AS IS," AND "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. IAC SEARCH & MEDIA MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

6.4. Termination

You may terminate this Agreement at any time by uninstalling and destroying all copies of the Toolbar in your possession or control and ceasing to use or access the Websites. We may terminate this Agreement or your account (or any part thereof), disable the Toolbar or cease providing any feature or service at any time in our sole discretion. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Toolbar or any feature offered therein, or for the cessation of the operation of any Website(s).

6.5. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "COVERED PARTIES") ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THIS EULA OR THE USE OF, OR THE INABILITY TO USE, THE TOOLBAR, FEATURES, WEBSITES OR SERVICES, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES OR SERVICES, (D) RELIANCE ON CONTENT OR POSTINGS ON THE WEBSITES OR SERVICES, OR (E) ANY OTHER MATTER RELATING TO THIS EULA, THE TOOLBAR, FEATURES, WEBSITES OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY, OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.

6.6. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IAC SEARCH & MEDIA, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE TOOLBAR, FEATURES, WEBSITES OR SERVICES, YOUR VIOLATION OF THIS EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY IAC SEARCH & MEDIA OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

6.7. Export Controls

The Toolbar and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) 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 the Toolbar, you agree to the foregoing and you represent and 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, and that you will otherwise comply with all applicable export control laws.

6.8. Notice to Government End Users

Any Toolbar, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Toolbar" and "Commercial Computer Toolbar 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 and Computer Toolbar clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Toolbar - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

6.9. General

This EULA, and the relationship between you and us are governed by the laws of the State of New York, without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of New York, NY.

Severability. If any provision of this EULA is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this EULA shall continue in full force and effect.

Limitation of Actions Brought Against Us; No Waiver. You agree that any claim or cause of action arising out of your use of the Toolbar, features, Websites or services, or out of this EULA, including the Privacy Policy, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Our failure to enforce or exercise any provision of this EULA or related right shall not constitute a waiver of that right or provision.

If you have any questions about this EULA or the Toolbar or Websites, feel free to contact us at:
eula@help.MyWebSearch.com.

Effective May 28, 2008.