Verizon Small Business Toolbar Software License Agreement
This Software License Agreement ("Agreement") governs your use of the Verizon Small Business Toolbar (the "Software"). The right to use the Software is granted to you by Verizon and its licensors, under the terms of this Agreement ONLY if you: (i) are at least 18 years of age; and (ii) indicate your acceptance of these terms by clicking the "I Agree" button provided below or downloading this Software. If you are unable or unwilling to agree to the terms of this Agreement, Verizon does not grant you any license to the Software. Before installing the Software, please carefully read this Agreement, and all other policies related to the Software, including but not limited to the Verizon Privacy Policy, which is hereby incorporated by reference. The Verizon Privacy Policy may be viewed at http://www22.verizon.com/privacy.
From time to time we may make revisions to this Agreement and the policies incorporated herein. We will provide notice of such revisions by posting revisions to the My Verizon website Announcements page, or by sending an email to your primary verizon.net email address, or both. You agree to visit the My Verizon Announcements page periodically to review any such revisions. Revisions to the Agreement shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.
1. Licensed Uses and Restrictions.
The Software (which includes all applications, documentation, installer code, and updates to any of the foregoing as may be provided from time to time) is owned by Verizon and its third party licensors, and is licensed to you only under the terms of this Agreement. All rights not expressly granted to you are reserved by Verizon and its licensors. Any additional terms imposed by licensors shall be reflected in the Section 12 below, and you shall comply with the terms of such licensors as well as the terms provided below.
You are hereby granted by Verizon a non-exclusive, non-sublicenseable license to install and use the Software on a computer owned or controlled by you and for your personal and non-commercial use only. You may copy the Software for your backup purposes or for your installation and your use on additional computers owned or controlled by you. This license shall be perpetual, unless earlier terminated by you, Verizon or its licensors under the terms of this Agreement. This license terminates automatically if you violate any term of the Agreement.
YOU MAY NOT: (i) reverse engineer, decompile, disassemble (or attempt to derive the source code of the Software in object code form), modify, translate, or create derivative works of the Software, or let any third party do any of the foregoing; (ii) reproduce the Software other than as specified above; (iii) sublicense, rent, lease, loan, timeshare, sell, distribute, publish, transfer, assign or grant a security interest in the Software; (iv) alter or remove any of Verizon's or its licensors' copyright or proprietary rights notices or legends appearing on or in the Software (and any copies of the Software made by you under this Agreement shall include such notices); (v) use or display any trademarks, trade names, trade dress or other indicia of origin of Verizon or its affiliates and licensors, except as part of your use of the Software as provided to you; (vi) use or export the Software in violation of applicable U.S. laws or regulations; (vii) use the Software in connection with any activity where human life or property may be at stake. Should you fail to comply with any of the above, your right to use the software will be automatically terminated.
2. Verizon Error Assist
By proceeding to install the Software, you acknowledge and agree that, upon its installation, the Verizon Small Business Toolbar will change certain settings in your Internet browser software, including the default settings for search provider, address bar search and source of DNS error pages. If you type a nonexistent or unavailable Uniform Resource Locator (URL), or enter an unknown search term into your browser address bar, Verizon may present you with a Verizon Error Assist web search page containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN or similar error message. Verizon's provision of the Error Assist page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages. If you would prefer not to receive Error Assist pages from Verizon, you should follow the opt-out instructions that are available by selecting Toolbar Settings (the wrench icon on the far right of the toolbar) and selecting the option “Disable Error Assist”.
3. Privacy
The Verizon Small Business Toolbar may communicate certain non-personally identifiable usage information to Verizon and/or third party licensors to help Verizon and its licensors compile aggregate statistical usage data for the Verizon Small Business Toolbar including but not limited to data regarding the number of Verizon Small Business Toolbar installations, unique users, searches performed. Such aggregated statistical information will not include any information that individually identifies Verizon Small Business Toolbar users.
The Verizon Small Business Toolbar collects user’s IP addresses for the sole purpose of enabling proper geographic localization, such as presenting weather information based on a user’s current location. While the IP address is stored for backup purposes, neither Verizon nor its licensors use this information for any purpose other than geographic localization. The Verizon Small Business Toolbar does not collect any information that individually identifies users.
4. Uninstalling the Verizon Small Business Toolbar.
Once installed, the Software will automatically launch every time you execute the Microsoft Internet Explorer and/or Mozilla Firefox browser programs.
You may uninstall this Software at any time by clicking on the "Settings" button (displayed as a wrench icon) on the far right side of the Toolbar, and select "Uninstall” or by using the standard uninstall procedures included as part of your computer’s operating system or Internet browser.
5. Termination
You may terminate the Agreement by discontinuing your use of all of the Software and by destroying all copies of the Software possessed or made by you. Verizon may terminate this Agreement at any time by providing thirty days notice of such termination to you in writing, either sent directly to you (for example, at an email address or postal address provided by you), or by a notice posted on the Verizon Website. This Agreement will terminate immediately on any breach of the terms of this Agreement by you. On any termination, you must discontinue all use of the Software and destroy all copies of the Software in your possession or which you have made. Sections 4-12 of this Agreement shall survive any termination of this Agreement.
6. Ownership
The Software is owned by Verizon and its licensors. This Agreement only grants a license to the Software according to the terms herein; no ownership interest is granted hereunder. The Software (and certain components thereof) is protected by intellectual property laws (for example, copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights) of the U.S. and other countries. Any derivatives or improvements to the Software created by you are unauthorized, and all rights thereto shall be the exclusive property of Verizon (and are hereby assigned by you).
7. Support
Verizon, its affiliates or licensors have no obligation under this Agreement to provide any updates, upgrades or customer support related to the Software. Verizon may elect, at its sole discretion, to provide updates, upgrades or support services to you. If Verizon informs you that any upgrades or modifications are available for the Software, you agree to take prompt action to download such modifications or upgrades as directed by Verizon within the time frame stated in the notice. If you fail to do so, you acknowledge that the Software may not work correctly or that you will not be able to take advantage of all available features of the Software after the stated period in the notice. The Software will communicate with Verizon servers and/or third party servers from time to time to check for available updates. By installing or using the Software, you agree to automatically request and receive such modifications or updates.
Any updates or upgrades to the Software shall be covered by this Agreement (unless otherwise specified in an agreement accompanying such update or upgrade), and be considered part of the Software. Verizon may choose to modify or terminate functionality provided by or available from the Software, at its sole discretion, without notice to you. Verizon may also terminate any support services at any time without notice to you. Verizon shall have no liability for the modification or termination of any features, functionality, availability or support services related to the Software.
8. Links
The Software may provide links to Internet sites or resources. You acknowledge and agree that Verizon , its affiliates and licensors are not responsible for the availability of such external sites or resources, and does not endorse and is 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 Verizon, its affiliates and licensors 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.
9. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED TO YOU "AS IS." YOUR USE OF THE SOFTWARE AND ANY DATA ACCESSED OR DOWNLOADED THROUGH THE SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, EMAIL OR OTHER INFORMATION) IS AT YOUR SOLE DISCRETION AND RISK, AND Verizon , ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, SAFETY OR ADEQUACY OF SUCH DATA. VERIZON DOES NOT WARRANT THAT THE SOFTWARE, ANY FUNCTIONS PROVIDED BY THE SOFTWARE, OR ANY DATA ACCESSED OR DOWNLOADED VIA THE SOFTWARE WILL BE OPERABLE, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT, SOFTWARE OR HARDWARE, OR THAT THEY WILL NOT DAMAGE ANY OTHER PRODUCT, SOFTWARE OR HARDWARE (INCLUDING, WITHOUT LIMITATION, ANY COMPUTER) OR CAUSE ANY LOSS OR CORRUPTION OF DATA.
VERIZON, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERIZON, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY CREATE ANY WARRANTY. Some jurisdictions do not allow the limitation or exclusion of implied warranties or how long an implied warranty may last, so the above limitations may not apply to you.
VERIZON, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY LIABILITY FOR ANY HARM RESULTING FROM YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE, OR YOUR USE OF ANY FUNCTIONALITY PROVIDED BY THE SOFTWARE.
VERIZON, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY LIABILITY TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SOFTWARE BY YOURSELF OR BY ANY THIRD PARTY, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
VERIZON , ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, LOSS OF DATA OR OTHER PECUNIARY LOSS INCURRED BY THE USER AND ARISING OUT OF THE USE OR INABILITY TO USE THE VERIZON SMALL BUSINESS TOOLBAR, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY EVEN IF VERIZON OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so this limitation and exclusion may not apply to you.
IN NO EVENT WILL THE AGGREGATE CUMULATIVE LIABILITY OF VERIZON, ITS AFFILIATES AND LICENSORS FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID TO VERIZON BY YOU (IF ANY) PURSUANT TO THIS AGREEMENT.
THE WARRANTY DISCLAIMER, LIMITED REMEDIES AND LIMITED LIABILITY SPECIFIED ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VERIZON AND YOU. VERIZON WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE TO YOU WITHOUT SUCH PROVISIONS.
10. Indemnification.
You agree to defend, indemnify and hold harmless Verizon , its affiliates and licensors from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) the use of the Software by you or any third party (with or without your permission); (b) any violation of applicable laws, regulations or this Agreement by you (or any parties who use the Software, with or without your permission); (c) any violation of any rights of another person or entity by you (or any parties who use the Software, with or without your permission); (d) negligent acts, errors, or omissions by you (or any parties who use the Software, with or without your permission); (e) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party.
11. U.S. Export Laws.
You acknowledge that the Software is subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Software in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.
12. Additional Terms
If you are a subscriber to the Verizon Service, the terms of the Verizon Terms of Service (“TOS”) are applicable to (and incorporated into) this Agreement; in the event of any conflict between the terms and conditions of this Agreement and those in the Verizon TOS, the Verizon Privacy Policy, the terms and conditions of this Agreement will control, except to the extent that the Verizon TOS impose additional restrictions and liabilities on your actions (in which case such additional restrictions and liabilities shall be applicable to you).
You agree that the substantive laws of the Commonwealth of Virginia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SOFTWARE. Except as otherwise required by law, including Virginia laws relating to consumer transactions, any cause of action or claim you may have with respect to the Software must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The United Nations Convention on the International Sale of Goods does not apply to this Agreement. Failure of Verizon at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. This Agreement may not be assigned, sub-licensed, or otherwise transferred by you. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement (contractor/manufacturer is Verizon or its licensors and suppliers). The use of the Software is further restricted in accordance with the terms of this Agreement. This Agreement constitutes the complete, final and exclusive statement of the agreement between Verizon and you, which supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. Verizon may modify this Agreement from time to time; notice of modifications posted to the Website shall take effect thirty (30) days after posting. Your continued use of the Software after the effective date of the Agreement modifications shall indicate your acceptance of such modifications. You agree to periodically check the Website for posted modifications.
13. Third Party Beneficiaries. Certain software programs contained within the Verizon Small Business Toolbar have been licensed to Verizon by third parties, including Visicom Media, Inc. YOU ACKNOWLEDGE AND AGREE THAT the same terms and conditions, including all limitations and restrictions, set forth in this Agreement are applicable to each third party LICENSOR AS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT.
V-1.0
