Terms and Conditions
- PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS AGREEMENT SHALL GOVERN YOUR USE OF THE SEARCH SOFTWAREAND SERVICE, IF, AFTER READING THIS AGREEMENT, YOU WISH TO USE THE SEARCH SOFTWARE AND ITS FEATURES AS DESCRIBED LATER.
When you download the Search Software, you will receive the following software features:
1.1 Extension/add-on Platform
The Extension/add-on provides a desktop applications platform which allows publishers to develop, maintain and publish their own applications or software (“Third Party Software”). Third Party Software is a software application including any content, links or materials that are made available to you by the publisher via the Extension/add-on and the Search Software ("Content"). Such Third Party Software may be specifically customized by a publisher and may include the publisher's branding or other content owned or licensed to the publisher.
1.3 Your use of the Third Party Software and Content is at your own discretion and risk. You further assume all responsibility for any data charges that you may incur for use of the Extension/add-on and/or Search Software and/or access to any Third Party Software or Content. Your ability to access or link to Third Party Software, Content, or third party services does not imply any endorsement by XDisc Corp Ltd. of Third Party Software, Content or any such third party services.
1.4. XDisc Corp Ltd. disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Software or Content via the Extension/add-on and/or Search Software. XDisc Corp Ltd. does not have any obligation to test or check Third Party Software or Content and is not responsible for , and makes no warranty with respect to, the appropriateness, completeness, stability or legality of any Third Party Software or Content and you hereby waive any legal or equitable rights you have or may have against XDisc Corp Ltd. with respect thereto. You acknowledge and agree that XDisc Corp Ltd.: (a) is not responsible for the availability or accuracy of such Third Party Software or Content or the products or services on or available from such Third Party Materials or User Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Software or Content; (c) does not undertake or assume any duty to monitor the Extension/add-on and/or Search Software for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Software or Content from being accessed through the Services. To report any inappropriate or unlawful Content please contact us via our support system
1.5 As part of the installation process of the Search Software, publisher may offer changes to your Internet Browser settings. These changes if approved by you can be reconfigured by you at any time from the options dialog available on your Internet Browser. Such changes may include the following:
1.5.1 The homepage of your Internet Browser
1.5.2 The default search engine in your Internet Browser's built-in search box
1.5.3 The page displayed when opening a new tab
To uninstall the Extension/add-on and the Search Software, please refer to the instructions
1.8 Third Party Code; Notice and Attribution. The Extension/add-on includes third party software subject to open source license terms, including, without limitation, the following applications: 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:
1.8.1 Windows Media® Player Firefox Plug-In. as defined at: https://marketplace.firefox.com/developers/docs/policies/agreement
1.8.2 NSIS Toolkit and Plug-ins as defined at:
Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the Extension/add-on. You acknowledge and agree that your right to use these publicly available components of the Extension/add-on 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 Extension/add-on be deemed “open source” or “publicly available” software.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE EXTENSION/ADD-ON. THE SEARCH SOFTWARE (ASIDE FROM THE EXTENSION/ADD-ON FOR FIREFOX) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL
2 License Grant.
The Search Software is being licensed to you by XDisc Corp Ltd. on an "AS IS" basis, for your private personal and non-commercial use only. Subject to the terms of this Agreement, XDisc Corp Ltd. and its current, and future, parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to download, install and use the Extension/add-on, and/or the Search Software including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Search Software") onto a computer for your sole use to install, interact with and utilize the Extension/add-on and Search Software, including the services thereto ("Services"). The Search Software may only be used in connection with the Services.
3 License Conditions.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Extension/add-on, Search Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Extension/add-on, Search Software, or the Services; (iii) sell, assign, rent, lease, publish, display, disclose, transmit, act as a service bureau, or grant rights in the Extension/add-on, Search Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of XDisc Corp Ltd. ; (iv) export or re-export the Extension/add-on, Search Software in violation of export laws; (v) use the Extension/add-on, Search Software or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the Extension/add-on, Search Software or Services ; or (vi) use the Extension/add-on, Search Software or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about users of the Extension/add-on or Search Software or Services by monitoring, interdicting or intercepting any process of the Extension/add-on or Search Software (viii) use any type of bot, spider virus, worm, clock, software lock ,timer, counter, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, damage , delete or disassemble the Extension/add-on, Search Software or the Services; (ix) Attempt to disable or circumvent any activation protection mechanism accompanying the Extension/add-on, Search Software or assist third parties to do so; or (x) Attempt to create the source code from the object code for the Extension/add-on, Search Software or any component thereof;
Furthermore, you may not use the Extension/add-on, Search Software or Services to develop, generate, transmit, post, distribute or store information (including as a software or other computer files) that: (A) infringes any third party's intellectual property, right of publicity or other proprietary right or contractual right; (B) is defamatory, harmful, abusive, hateful or obscene or promotes violence ; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Extension/add-on, Search Software or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; (F) contain a virus, Trojan horse, worm or other harmful or destructive component; and (G) impersonates any other person, or steals or assumes any person's identity (a real identity, an alias or an online nickname).
The Extension/add-on, Search Software and Services offer and may incorporate content, technology, software and services owned and controlled by third parties. Use of such third party content, technology, software and/ or services is subject to the terms and conditions and privacy policies of the applicable third party license agreements. Such Third Party content, technology, software and/ or services may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of such Third Party content, technology, software and/ or services owner.
Your use of the Third Party content, technology, software and/ or services is at your own discretion and risk and you agree to look solely to the applicable third party and not to XDisc Corp Ltd. to enforce any of your rights.
XDisc Corp Ltd. is not obligated to maintain or support the Extension/add-on, Search Software or Services, to provide all or any specific content through the Extension/add-on, Search Software or Services, or to provide you with updates, upgrades or services related thereto.
You understand that XDisc Corp Ltd., in its sole discretion, may modify or discontinue or suspend for any period of time or permanently your right to access any of its Services or use any of the Extension/add-on, Search Software or Services at any time, and may at any time suspend or terminate any license hereunder and disable any Extension/add-on, Search Software or Services you may already have accessed or installed without prior notice.
All modifications or enhancements to the Search Software and Services remain the sole property of XDisc Corp Ltd..
The installation and use of the Extension/add-on, Search Software or Services is currently not for charge, but XDisc Corp Ltd. may begin charging for the installation or use of the Extension/add-on, Search Software or Services or part thereof at any time
4 Permission to Utilize
In order to receive the benefits provided by the Search Software, you hereby grant permission for the Search Software to utilize the processor and bandwidth of your computer, only in order to provide you with the Services.
XDISC CORP LTD.IS TAKING REASONABLE MESURES IN ATTEMPT TO KEEP THE EXTENSION/ADD-ON, SEARCH SOFTWARE AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER INTERNET SOFTWARE PROVIDERS, THE SEARCH SOFTWARE AND SERVICE AND XDISC CORP LTD.'S SITES MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE. IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE EXTENSION/ADD-ON, SEARCH SOFTWARE OR SERVICE.
6 Proprietary Rights
The Extension/add-on, Search Software and Services contain proprietary and confidential information of XDisc Corp Ltd., including trade secrets, copyrights, and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Extension/add-on, Search Software and Services, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of XDisc Corp Ltd and its suppliers, and except for the limited license granted to you, XDisc Corp Ltd. reserves all right, title and interest in and to the Extension/add-on, Search Software and Services. You shall not take any action to jeopardize, limit or interfere with XDisc Corp Ltd.'s ownership of and rights with respect to the Extension/add-on, Search Software and Services. You acknowledge that any unauthorized copying or unauthorized use of the Extension/add-on, Search Software or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
7 Term; Termination, Amendment.
(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease all use of the Extension/add-on, Search Software and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the Extension/add-on and Search Software in your possession. XDisc Corp Ltd. may terminate this Agreement at any time, with or without cause, by providing immediate notice (except for in case of termination for cause where no notice will be provided) to you and/or by preventing your access to the Extension/add-on, Search Software and/or Services. You agree that XDisc Corp Ltd. shall not be liable to you or any third party for any termination of your access to, and/or use of, the Extension/add-on, Search Software and Services
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Extension/add-on, Search Software and the Services shall terminate and you must remove the Extension/add-on and Search Software from your computer equipment and dispose of all originals and copies of the Search Software in your possession.
8 Operations and Removal
The Extension/add-on will be added to your Internet browser in the form of a Extension/add-on. The Extension/add-on features, widgets and controls are determined by the Publisher. It also provides you with a search box, and easy access to powerful Web search directly from your browser. The Extension/add-on for Internet Explorer can be minimized by right clicking the Extension/add-on and selecting it. In addition, you will receive the Extension/add-on Search Assistance feature which provides you with relevant search results when you place a search query in the browser address bar (as described above under Search Assistance).
The Search Software may be added as a shortcut icon in your desktop taskbar, on your desktop andother optional menus.
The Extension/add-on includes several other features, such as games, radio and Facebook connect button. Note that Firefox Search Extension/add-on requires the “Windows Media Player Firefox Plugin.
When a user installs the Search Software, or uses one of the Extension/add-on search feature to search the Web all the download and browsing activity is recorded by XDisc Corp Ltd servers. As all standard Web pages, besides the keyword query such record may include information such as URL address, software names, files formats, IP address, default language setting, browser type, referring and exit pages, operating system, date/time stamp, clickstream data and an anonymous unique ID. XDisc Corp Ltd. uses this information in order to appropriately process your download and search request and to serve you relevant and better search results.
The Search Software sends a configuration request when you start your browser. This request includes only data such as browser type & IP address. In addition, occasionally the Extension/add-on platform may send a request to our servers to check for new version releases.
All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.
Importantly, all collected information of search queries browsing, and/or third party software's downloads are recorded on a non-personally identifiable basis and kept strictly anonymous. All search, browsing and third party software's download activity information is researched and evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, statute, subpoena, or court order, or to protect someone's safety.
XDisc Corp Ltd. constantly follows activity and usage of the Extension/add-on and of the Search Software. By analyzing the aggregated information on usage of our product, XDisc Corp Ltd. can improve the product and offer you better service.
XDisc Corp Ltd. reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of XDisc Corp Ltd. its employees or the public. XDisc Corp Ltd. also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in XDisc Corp Ltd's sole discretion.
If you wish to withdraw your consent to any of the Extension/add-on and/or Search Software features as described herein, you should uninstall the Software from your computer. Uninstall instructions are detailed at search-point.com/uninstallation.html
We do not collect personal identification information including names, phone numbers and addresses. Users might be asked to add their email address to get information about XDisc Corp Software and other special offers from XDisc Corp Ltd. We do collect information necessary to enable certain features in the Extension/add-on Platform. We do not sell, rent or trade any personally identifiable information you provide when using the Extension/add-on, Search Software or the Web Sites.
XDisc Corp Ltd. is the entity that collects the information either through the Software or as a result of the Software being installed or used (including through third party software being downloaded through the Extension/add-on and/or Search Software).
XDisc Corp Ltd. is committed to its users’ data security and takes serious steps for the maximum data security.
We gather certain information such as internet protocol (IP) addresses, browser user agent, referring page, date/time stamp and cookies and web beacons automatically. We use such information to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information to better provide our services and to facilitate and measure the effectiveness of advertisement and web searches.
When you visit the XDisc Corp Ltd's Web Sites or use the Search Software, we may place a small text file-called a "cookie"-on your computer that allows us to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or the Software. The search feature sends a request to our servers from time to time including while processing a search query that you have inputted or a third party software download that you have approved. This request includes the keyword query, source (Extension/add-on, IE bar, related links, etc…) and/or third party software offer details you approved and all HTTP data transferred automatically by the browser (IP Address, User Agent, Cookies, web beacons etc…). We use this information in order to properly process your search request, downloads facilitated by the Search Software and to make our Services, offers and advertising communication with you more relevant to your interest. For example, this data provides us with information on which language you prefer to use and your geographical location. Such information is recorded on a non-personally identifiable basis and is kept strictly anonymous. If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relating to a Web Site or the Software 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.
10 Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Extension/add-on, Search Software and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Extension/add-on, Search Software or to defeat or overcome any encryption and/or other technical protection methods implemented by XDisc Corp Ltd. with respect to the Extension/add-on , Search Software and/or data transmitted, processed or stored by the Extension/add-on and/or the Search Software or other users of the Extension/add-on and/or Search Software, (iv) you will not take any steps to interfere with or in any manner compromise any of Extension/add-on and/or Search Software security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested upon installing and/or using the Extension/add-on and/or Search Software, and (vi) you will only use the Extension/add-on , Search Software and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Extension/add-on , Search Software or Services, except to remove the Extension/add-on , Search Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Extension/add-on, Search Software or Services. XDisc Corp Ltd. reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
(c) If XDisc Corp Ltd. has reasonable grounds to suspect that your representations, promises or warranties are inaccurate or breached, XDisc Corp Ltd. may terminate this license, deny any or all use of the Extension/add-on , Search Software and/or Services, and pursue any appropriate legal remedies.
If at our request you send content (e.g., postings, contest submissions, surveys, 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 XDisc Corp Ltd. . None of the Submissions shall be subject to any obligation of confidence on the part of XDisc Corp Ltd., and XDisc Corp Ltd shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, XDisc Corp Ltd. 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.
You agree to indemnify, hold harmless and defend XDisc Corp Ltd. and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney fees and other dispute resolution expenses) incurred by XDisc Corp Ltd. arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Extension/add-on, Search Software and/or Services.
13 Links and Search Results
The Extension/add-on and/or Search Software may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources or software. Because we have no control over such sites and resources and software, you acknowledge and agree that we are not responsible for the availability of such external sites or resources or software, 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 or software. 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 or software.
14 Disclaimer of Warranties
(a) THE EXTENSION/ADD-ON, SEARCH SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY XDISC CORP LTD. EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE EXTENSION/ADD-ON, SEARCH SOFTWARE OR SERVICES (AND/OR ANY THIRD PARTY SOFTWARE, CONTENT, TECHNOLOGY AND SERVICES), INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. XDISC CORP LTD FURTHER DOES NOT REPRESENT OR WARRANT THAT THE EXTENSION/ADD-ON, SEARCH SOFTWARE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE EXTENSION/ADD-ON, SEARCH SOFTWARE OR SERVICES AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE EXTENSION/ADD-ON, SEARCH SOFTWARE OR SERVICES MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO XDISC CORP LTD. YOU AGREE THAT XDISC CORP LTD WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL , INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 14 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 14, some of these exclusions may not apply to you.
15 Limitation of Liability (a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL XDISC CORP LTD., ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE EXTENSION/ADD-ON, SEARCH SOFTWARE OR THE SERVICES, EVEN IF XDISC CORP LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE EXTENSION/ADD-ON, SEARCH SOFTWARE AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH EXTENSION/ADD-ON, SEARCH SOFTWARE AND SERVICES. (c) IN NO EVENT WILL XDISC CORP LTD’S CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT XDISC CORP LTD. RECEIVED FROM YOU FOR THE LICENSE EVEN IF XDisc Corp LTD. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
16 Customer Support
XDisc Corp Ltd. may, but is not required to, provide you with customer support ("Support"). Customer support is available on http://www.xdisc.biz/support
17. You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by XDisc Corp Ltd. to download the Extension/add-on and/or Search Software and to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Extension/add-on, SEARCH SOFTWARE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
18. Beta Version. This Section 18 applies with respect to any Beta version of the Search Software made available to you for testing and feedback. You acknowledge that the Beta version you are evaluating may contain bugs, errors and other problems and is provided to you on an 'as-is' basis. You further acknowledge the importance of communication between you and XDisc Corp Ltd. during your use of the Beta Services and hereby agree to receive related correspondence and updates from XDisc Corp Ltd. During the Beta program, you may be asked to provide feedback regarding the Search Software and Services and you hereby grant to XDisc Corp Ltd. a perpetual, royalty-free, sub licensable through multiple tiers of sublicenses, worldwide license to use and incorporate such feedback into any XDisc Corp Ltd. product or service at any time at the sole discretion of XDisc Corp Ltd.
19. General Provisions.
XDisc Corp Ltd. reserves all rights not expressly granted herein. XDisc Corp Ltd. may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at Search-point.com
. Your continued use of the Extension/add-on, Search Software and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and XDisc Corp Ltd.. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of XDisc Corp Ltd. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Seychelles without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Seychelles and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Extension/add-on, Search Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. XDisc Corp Ltd may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE EXTENSION/ADD-ON AND/OR THE SEARCH SOFTWARE , YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO XDISC CORP LTD. THE RIGHTS SET FORTH HEREIN.