Welcome to the Englishtown Toolbar ("Software"). By checking the "I Agree" checkbox, you agree to these software license terms (the "Software License" or "Agreement") that pertain to your use of the Software. You further understand and agree that you are bound to the terms and conditions set forth in Englishtown's Conditions of Use as they relate to your use and access of the Englishtown Online Services through the Software. If you disagree with any of the terms below, Englishtown does not grant you a license to use the Software; click the "Cancel" button to exit the installer.
Englishtown reserves the right to update, change and disable the Software at any time. You can always find the most recent version of this Software License via the 'Conditions of Use' link in the Englishtown footer. Englishtown may change this Software License at any time by posting a new version without notice to you. Use of the Software after such change constitutes acceptance of such changes.
1. License
By accepting the terms of this Agreement, you represent to Englishtown that you are a natural person and are at least 18 years old. This Software is owned by Englishtown and licensed to you on a worldwide, non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Software for all applicable contributions by Englishtown, and all updates, revisions, substitutions, and any copies of the Software made by or for you. All rights not expressly granted to you are reserved by Englishtown.
2. Non Commercial Use
You may install and personally use the Software and any updates provided by Englishtown in object code form on a personal computer owned or controlled by you and may use the Software for your own noncommercial use or benefit. Your license to the Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the Software. This Software License terminates automatically if you violate any term of this Software License, Englishtown publicly posts a written notice of termination on an Englishtown web site, or Englishtown sends a written notice of termination to you directly.
You agree not to use the software in any manner that could damage, disable, overburden, or impair Englishtown痴 services, nor may you use the Software in any manner that could interfere with any other party's use and enjoyment of Englishtown痴 services.
3. Intellectual Property
You acknowledge that Englishtown owns all rights, title and interest in and to the Software, 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 the Software. You also agree to not remove, obscure, or alter Englishtown'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 Software.
4. Privacy
Please see the Englishtown Conditions of Use (available via the 'Conditions of Use' link in the Englishtown footer) for disclosures relating to the collection and use of your information.
5. Content
All content that may be accessed through use of the Software is the property of its respective owner and may be protected by applicable laws and treaties. This contract does not grant you any rights to use that content.
6. Disclaimer of Warranties
Englishtown and any third party who makes its software available in conjunction with or through the Software disclaim any responsibility for any harm resulting from your use of the Software and/or any third party software accessed in conjunction with or through the Software.
THE SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ENGLISHTOWN 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. ENGLISHTOWN AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SOFTWARE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE 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.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ENGLISHTOWN BE LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SOFTWARE BY YOURSELF OR BY THIRD PARTIES, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
ENGLISHTOWN IS NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE SOFTWARE OR ANY DATA PROVIDED THROUGH THE SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
INFORMATION PROVIDED THROUGH THE SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND ENGLISHTOWN WILL HAVE NO LIABILITY WITH RESPECT THERETO.
Some 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.
8. Performance and Information
Englishtown may automatically upload performance and usage information for evaluating the Software and services associated with it.
9. Miscellaneous Provisions
You agree to indemnify and hold Englishtown harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
Claims for breach of this contract will be subject to the laws of Hong Kong without reference to conflict of laws principles. You consent to the exclusive jurisdiction of the courts of Hong Kong for all disputes relating to this contract or the Service. You cannot revoke this consent.
The failure of Englishtown to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
This contract constitutes the entire contract between the parties with respect to its subject matter and replaces all prior or contemporaneous understandings or contracts, written or oral, regarding such subject matter.
