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iSixSigma Toolbar Terms of Use By installing, copying, or otherwise using this software, including any third party software made available in conjunction with this software ("iSixSigma Toolbar"), you agree to be bound by the following terms and conditions (the "Terms and Conditions"). If you do not agree to this contract, do not install, copy or otherwise use this software. How We May Modify This Contract We may modify the terms of this contract at any time. You must review this contract on a regular basis. You can find a link to most recent version of the contract at http://toolbar.isixsigma.com. The changed contract is in effect immediately. If you do not agree to changes in the contract, then you must stop using the iSixSigma Toolbar. If you do not stop using the iSixSigma Toolbar, then your use of the iSixSigma Toolbar will continue under the changed contract. Non-Commercial Use Only iSixSigma Toolbar is made available to you for your personal, non-commercial use only. iSixSigma We grants you, a non-exclusive, revokable, limited license, to download, install and use the most recent version of the iSixSigma Toolbar subject to the provisions set forth in this Agreement. You may not use iSixSigma Toolbar in any manner that could over-stress or harm iSixSigma's search services (for example, you may not use the iSixSigma Toolbar in an automated manner), nor may you use iSixSigma Toolbar in any manner that could cause detriment to any other party's use and enjoyment of iSixSigma's Toolbar service. iSixSigma Privacy Policy See the iSixSigma Privacy Statement at http://www.isixsigma.com/uagree/privacy.asp for disclosures relating to the collection and use of your information. Intellectual Property and Ownership You acknowledge that iSixSigma or third parties own all right (including copyrights, patents, trade secrets and other rights of any kind), title and interest in and to the iSixSigma Toolbar, portions thereof, or software provided through or in conjunction with the iSixSigma Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from iSixSigma Toolbar. You also agree to not remove, obscure, or alter iSixSigma's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the iSixSigma Toolbar. If you send us or otherwise share with us any ideas, comments, or suggestions regarding the iSixSigma Toolbar or other services, you acknowledge and agree that we may use such ideas, comments or suggestions in any manner, for any purpose, and without the need for any further compensation, notice, approval or consent. You also hereby agree to assign to us all right, title and interest in and to any such ideas, comments or suggestions. Disclaimer of Warranties iSixSigma and any third party who make its software available in conjunction with or through the iSixSigma Toolbar disclaim any responsibility for any harm resulting from your use of the iSixSigma Toolbar and/or any third party software accessed in conjunction with or through the iSixSigma Toolbar. THE ISIXSIGMA TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ISIXSIGMA TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ISIXSIGMA AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ISIXSIGMA AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE iSixSigma TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ISIXSIGMA TOOLBAR AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE ISIXSIGMA TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ISIXSIGMA TOOLBAR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF iSixSigma TOOLBAR AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ISIXSIGMA OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ISIXSIGMA TOOLBAR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER MONETARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ISIXSIGMA SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ISIXSIGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. iSixSigma's Search Service iSixSigma Toolbar is designed to be used in conjunction with iSixSigma's search services. Accordingly, your use of iSixSigma Toolbar is also defined by iSixSigma's Terms of Service and Privacy Policy. Miscellaneous Provisions These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to the conflict of laws provisions of Washington or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by iSixSigma and/or a third party who make its software available in conjunction with or through the iSixSigma Toolbar. May 2005
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