END USER LICENSE AGREEMENT and PRIVACY POLICY

Last Updated: July 7, 2014

Mindspark Interactive Network, Inc. ("Mindspark") is pleased to provide you its non-mobile downloadable search applications (each, a "MS Product," and collectively, the "MS Products"). PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY MS PRODUCTS, for this End-User License Agreement governs your use of the MS Products and how we provide our MS Products.

TABLE OF CONTENTS:


A. Agreement:

This End-User License Agreement ("EULA") is a legal agreement between you and the Mindspark Interactive, Inc. and its parent, affiliate and subsidiary companies (collectively, "Mindspark", "we", "us" or "our") for the MS Products. By installing or otherwise using the MS Products, you: (a) agree to be bounded by the terms of this EULA, (b) you are the owner or an authorized user of the computer or mobile device in which the MS Product will be installed, and (c) 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. The terms of this EULA also applies to any MS Product updates, supplements, and services.If you do not agree to the terms of this EULA, do not install or use the MS Products. Mindspark may amend these terms from time to time. If you do not agree with any amendment, you must discontinue using the MS Products. If you have any questions or concerns regarding the terms herein, please email Mindspark at eula@help.mindspark.com. Do not use the MS Products until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.

Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.

By downloading a MS Product, you will be installing a software application onto your computer which will appear on your desktop or within one or more of your Internet browsers. The MS Product will allow you to search the Internet, and may provide you with additional features as further described in this EULA. During the download of a MS Product you may also be offered the opportunity to set your browser homepage, start page, new tab page and/or default search setting(s) to our search service. If you do not wish to reset your setting(s), you can decline/opt-out of the setting(s) change by unchecking the appropriate checkbox during the download process for the relevant MS Product. The search features, as well as other non-search-related features may be customized by you. Use of such features and settings is subject to our Terms of Service and Privacy Policy, which are hereby incorporated into this EULA by reference.

B. Age Requirement:

You must be 13 years of age or older to install or to use the MS Products. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the MS Products for you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a MS Product, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the MS Products or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the MS Products, please contact us at eula@help.mindspark.com.

C. Grant of License:

Subject to your compliance with the terms and conditions of this EULA, Mindspark grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the MS Products (including all updates thereto) solely for your lawful, personal, and non-commercial use.

D. Description of Other Rights and Limitations:

1. Restricted Use. 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 MS Products or use the MS Products for the benefit of any third party. You may not install the MS Products 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 MS Products, except to remove our MS Products 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 tamper with any MS Products, or attempt to do so for any reason. You may not access, create or modify the source code of any MS Products in any way. You do not have the right to and may not create derivative works of any MS Products. All modifications or enhancements to an MS Products remain the sole property of Mindspark.

2. MS Products Updates. We reserve the right to add or remove features or functions to existing MS Products. When installed on your computer, the MS Products periodically communicates with our servers. We may require the updating of the MS Products on your computer when we release a new version of the MS Products, 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 MS Products. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the MS Products.

3. Mobile Usage. If you access an MS Product through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using certain MS Products may be prohibited or restricted by your network provider and not all MS Products may work with your network provider or device.

E. MS Product Functionality:

MS Products allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the " MS Product Functions"). The MS Product Services are provided by Mindspark and third party suppliers who offer content and services in conjunction with or through an MS Product (the "Third Party Partners"). The MS Product Functions may be provided via your desktop, within your browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer), or within separate browser windows displayed over or under your principal browser window or by other means. MS Products Functions may provide you with Internet search functionalities (for example, via a search box located within the MS Product itself), the ability to reset your homepage, start page and/or tab page, the ability to reset your browser default search setting (thereby allowing you access to our Internet set features via your browser's address bar, omnibox and/or chrome search box), and/or links to other Mindspark products or websites. In addition, an "Easy Installer" may be downloaded to install the MS Product. This installer is automatically deleted the first time you turn off or reboot your computer following installation of the MS Product.

In addition, your MS Products may also include one or more additional software downloads or features provided by a Third Party Partner or license:

ButterflyFieldTM: The Butterfly Field toolbar provides instant access to customizable butterfly screensaver features, information on butterfly species, a screen saver settings menu, etc. The Butterfly Field toolbar may include a separate software application available as a widget and displayed as a button on the Butterfly Field Toolbar. The ButterflyField Software includes features and functionalities that incorporates the following additional open software and is subject to the notices provided in the following notice located here.

Elite Unzip Toolbar provides the ability to compress and decompress files, which incorporates the following open source software:

SevenZipSharp uses the following open source code and is licensed under the GNU LGPL v3, available at http://sevenzipsharp.codeplex.com/license

7-Zip uses the following open source code and is licensed under the GNU LGPL v3, available at http://www.7-zip.org/license.txt

MARINE AQUARIUM LITE: The Marine Aquarium Lite Toolbar includes one or more of the following additional software downloads or features provided by the following Third Pparty Partner:

Prolific Publishing, Inc. Software : The Marine Aquarium Lite Toolbar may include certain software by Prolific Publishing, Inc. The use of such software is governed by the End User License Agreement available at http://www.fish-byte.com/SereneScreen_EULA.doc and the Privacy Policy available at http://www.fish-byte.com/SereneScreen_PrivacyPolicy.doc.

MINDABBLE: The MindDabble Toolbar is also subject to the following Terms of Use located at http://www.minddabble.com/support/tos.html and Privacy Policy located at http://www.minddabble.com/support/privacy.html.

MY OWN SUPERHERO: The My Own Supehero Toolbar is also subject to the Terms of Use located at http://www.mywebsuperhero.com/html/tos.html and the Privacy Policy located at http://www.mywebsuperhero.com/html/pp.html.

MYSCRAPNOOK: The MyScrapNook toolbar is also subject to the following Terms of Use located at http://www.myscrapnook.com/support/tos.html and the following Privacy Policy located at http://www.myscrapnook.com/support/privacy.html.

Premier Download Manager: The Premier Download Manager incorporates additional software downloads or features provided by the Third Party Partner,Hudson Exchange Group. The use of such software is governed by Hudson Exchange Group's Terms of Service available at:http://opensoftwareupdater.com/terms.html, and Privacy Policy available at: http://opensoftwareupdater.com/privacy.html. In addition, FireFox® browsers require the download and installation of the Premier Download Manager Desktop extension.

ROBOT BOOM: Robot Boom™ is a skill-based interactive fighting game product that includes the toolbar and website featuring our game. Robot Boom is also subject to the Terms of Use located at http://www.robotboom.com/terms and privacy policy located at http://www.robotboom.com/privacy.

SAFE PC REPAIR: The Safe PC Repair toolbar features help to improve your computer's performance and includes the following additional software downloads or features provided by following Third Party Partner:

IOLO TECHNOLOGIES SOFTWARE : The Safe PC Repair Toolbar requires an additional download of certain software owned by iolo Technologies. The use of such software is governed by the End User License Agreement available at: http://www.iolo.com/company/legal/eula/.

Important Note : iolo strongly recommends that you perform a virus and malware check of all software before installation or use and that you back up your important files and data frequently. Also - if you choose to purchase services from iolo, iolo may collect personal information from you. The collection and use of such information is governed by the iolo Privacy Policy available at: http://www.iolo.com/company/legal/privacy/.

SOUNDABBLE: SoundDabble includes a widget featuring sound effects that you can use and share with your friends. The SoundDabble Toolbar is also subject to the following Terms of Service located at http://www.sounddabble.com/support/tos.html and the following Privacy Policy located at http://www.sounddabble.com/support/pp.html.

Video Download ConverterTM: The Video Download Converter ("VDC") toolbar provides the ability to download and convert videos into various formats selected from the option menu. The VDC software includes a desktop widget, which uses FFmpeg code, that is licensed under theLGPL v2.1 or later, and its source can be downloaded here.

Verified VPN provides the ability for end users to secure their Internet communications and web browsing, and incorporates additional software downloads or features provided by the Third Party Partner, AnchorFree. The use of such software is governed by AnchorFree's Terms of Service available at:http://www.anchorfree.com/terms-of-service.php, and Privacy Policy available at: http://www.anchorfree.com/privacy.php.

PLEASE NOTE : Verified VPN functionalities will not work on Ask.com, MyWebSearch.com, or MyWay.com; therefore, your IP address and other data may be disclosed on such domains.

F. Third-Party Partners:

1. Third-Party Services and Content. The MS Products may integrate, be integrated into, bundled, or be provided in connection with third-party services, feeds and/or content. If you are installing an MS Product that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. MS Products may provide access to search results or other links to Third Party Partner websites or resources. Mindspark has no control over such sites and resources, in which you acknowledge and agree that Mindspark is not responsible for the availability of such external sites or resources, and does not endorse nor 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 Mindspark 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 (as defined below), goods or services available on or through any such site or resource.

2. Access to Third-Party Services and Content through MS Products. All services, feeds and 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 a MS Product, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an MS Product 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 Mindspark be liable in any way for any Content created by or originating with entities other than Mindspark, 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 an MS Product.

G. Security:

MS Products are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the MS Products and any information you download or offer to share by means of an MS Product, 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.

H. Registration/Passwords:

1. Registration. Most MS Products will not require a registration: however, some MS Products may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities, associate website or specific service. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.

2. Passwords. You are the sole and exclusive guardian 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 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 have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.

3. Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the MS Product, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of our services.

I. Un-install/Removal of a MS Product:

You can easily uninstall a MS Product by either: (1) following the steps described in Windows Add/Remove programs dialog found in the control panel, or (2) clicking on the "help" or "setting" button within the MS Product and following the steps to "uninstall".

J. Privacy:

PLEASE NOTE: Most of the MS Services does not collect Personal Information (as defined below), and if Personal Information is collected it will be made known to you when you first access the MS Services.

1. Data Collection. In connection with your usage of an MS Product, Mindspark may collect two types of information: 1) Personal Information, and 2) Anonymous Information. Personal Information means information that may directly or indirectly identify you, such as your name, address, email address, and telephone number. Anonymous Information means information that does not directly or indirectly identify you, such as the number of page views, link clicks, and login times. Mindspark may use both Personal and Anonymous Information to create Aggregate Information. Aggregate Information is the grouping of Personal and Anonymous Information into groups and/or categories, which does not identify you directly or indirectly. Through your use of an MS Product, Mindspark may collect the following Personal Information: your name; email address; information you provided in public forums and/or social networks; information you provided us while using an MS Product, including the use of the MS Product on a third-party site or platform, such as social networking sites; and the usage, viewing and technical data, including your device identifier or IP address when you use the MS Services.

2. How We Collect Information. We use various technologies to collect information from your device and about your activities on the MS Services:

i. Submitted information. We will collect information you voluntarily submit such as your name, email address, or other account or registration information.

ii. Automatically Captured Information. We automatically collect information from your computer and/or device when you use the MS Services or use its search functionality. This information may include, but not limited to, the keyword query, search query text, time of day, browser type, default language setting, IP address, an anonymous unique ID, the address of the last URL you visited before clicking through to the website, the data in any undeleted cookies (see "Cookies" below) that your browser previous accepted from us, software installed upon and/or devices connected to your computer and/or device, and a code which identifies the marketing or distribution source of the MS Product 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 may also receive the misspelled URL address or search term.

iii. Cookies. When you use the MS Services, we may assign your computer one or more cookies, to facilitate access to our MS Services and to personalize your online experience. A cookie is a small piece of data that is stored in a user's computer for record keeping purposes. Through the use of a cookie, we may automatically collect information about your online activity in our MS Services, such as the pages you visit, the links you click, and the actions you take within the MS Services. Most systems automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on or via the MS Services.

iv. Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the MS Services. Web beacons are small pieces of data that are embed in images on the pages of sites. The information we obtain in this manner enables us to customize the services we offer through our MS Services visitors.

v. Information Collected By Third-Parties. We may allow third-parties, including our authorized service providers, parent and subsidiary companies, affiliates, advertising companies, and ad networks, to display advertisements or place ad tags or beacons on or via our MS Services. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Unless expressly stated otherwise, we do not provide any Personal Information to these third parties. Please note, some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. For more information please visit: www.networkadvertising.org.

vi. Do Not Track Signals. MS Services systems are not configured to respond to Web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party Web sites or online services.

3. How We Use The Information We Collect. We may use information that we collect about you to:

  • Deliver the products and services that you have requested;
  • Provide you with customer support;
  • Perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
  • Communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our parent or subsidiary companies or other third parties;
  • Develop and display content and advertising tailored to your interests;
  • Verify your eligibility and deliver prizes in connection with contests and sweepstakes;
  • Enforce our terms and conditions;
  • Manage and improve our business; and
  • Perform functions as otherwise described to you at the time of collection.

4. With Whom We Share Your Information. We do not share your Personal Information with others except as indicated below:

i. Authorized Service Providers: We may share your Personal Information with our authorized service providers that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting our MS Services functionality, and supporting contests, sweepstakes, surveys and other features offered through our MS Services. These service providers may have access to Personal Information, which is needed to perform their functions, but are not permitted to share or use such information for any other purposes.

ii. Business Partners: When you engage in promotions offered through the MS Services, we may share Personal Information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant′s offer or program, you authorize us to provide your email address and other information to that merchant.

iii. Other IAC Businesses. We are part of the IAC family of businesses (www.iac.com). We may share information we collect, including Personal Information, with our IAC companies. Sharing information with our IAC family companies enables us to provide you with information about a variety of products and services that might interest you.

iv. Other Situations. We may disclose your Personal Information (i) in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency, (ii) in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (iii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iv) to comply with applicable law or cooperate with law enforcement; (v) to enforce our MS Services terms and conditions or other agreements or policies; and (vi) in connection with a substantial corporate transaction, such as the sale of our business or the MS Services, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In addition, we may share Aggregated Information we collect, under any of the above circumstances, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.

5. Your Choices About Collection and Use of Your Information. You may tell us not to share your Personal Information with third parties or the IAC companies for direct marketing purposes by clicking on the following link and entering the email address associated with your account: support@help.mindspark.com. Please note, if you do not allow us to collect Personal Information from you it may result in you being unable to use certain features of the MS Services; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our MS Services.

6. How We Protect Your Personal Information. The security and confidentiality of you information is very important to us, thus we take the appropriate security measures (including physical, electronic and procedural measures) to help safeguard your Personal Information from unauthorized access and disclosure. Please know that, despite our best efforts, no security measures are perfect or impenetrable.

K. Intellectual Property:

The MS Products, including all code, content, protocols, software, and documentation provided to you by Mindspark are Mindspark's property or the property of Mindspark'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 MS Products. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors.

The Mindspark name, logos and affiliated properties, are the exclusive property of Mindspark Interactive Network, Inc. All other trademarks appearing on any MS Product are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through an MS Product. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

L. Copyright/Submissions:

1. Copyright Protection of content you display using our services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the MS Product(s). It is your obligation to ensure that such 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 contribute, submit or display.

2. Mindspark respects and expects its users to respect the rights of copyright holders. On notice, Mindspark will act appropriately to remove content that infringes the copyright rights of others. Mindspark reserves the right to disable the access to MS Products or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe a MS Product, or elements, infringe your copyright rights, Please contact Mindspark Interactive Network, Inc.'s Copyright Agent at:

Mindspark Interactive Network, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Copyright Agent/Legal Dept.
email: dmca@mindspark.com

Please ensure you communication includes the following:

  • 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.

3. Objectionable Content. Mindspark may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Mindspark's sole discretion. "Objectionable Content" includes, 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.

4. Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the 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 Mindspark. None of the Submissions shall be subject to any obligation of confidence on the part of Mindspark, and Mindspark shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Mindspark 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.

5. Repeat Infringer Policy. Mindspark will terminate a user's access to a MS Product(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.

6. No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.

M. Termination:

You understand that Mindspark, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any MS Products at any time. Further, Mindspark, with or without any reason, may at any time suspend or terminate any license hereunder and disable the MS Products or any of its component features. You agree that Mindspark shall not be liable to you or any third-party for any termination or disabling of the MS Products.

N. Disclaimer of Warranty:

all MS productS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. MINDSPARK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, MINDSPARK MAKES NO WARRANTY THAT THE MS pRODUCT WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MS SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE MS PRODUCT OBTAINED WILL MEET YOUR EXPECTATIONS.

the entire risk arising out of use or performance of an ms product remains solely with you.

MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY partnerS.

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.

O. Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINDSPARK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MINDSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MS product; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (V) ANY OTHER MATTER RELATING TO THE MS product. IN NO EVENT SHALL MINDSPARK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING an MS product.

IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE ms product, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

P. Indemnification:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDSPARK, 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 MS PRODUCTS, YOUR VIOLATION OF THE 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 MINDSPARK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Q. Export Controls:

The MS Products 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 MS Product, 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.

R. Notice to Government End Users:

Any MS Products 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 Software" and "Commercial Computer Software 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 Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

S. Governing Law and Other Miscellaneous Terms:

The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EUAL, and the use (or inability to use) the MS Products. You hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this EULA.

No failure or delay by Mindspark in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

T. How to Contact Us. If you have any questions about this EULA or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:

Mindspark Interactive Networks, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Privacy Officer/Legal Dept.
eula@help.mindspark.com

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