ZenSearch End User License Agreement
Version 1.3. Last Updated: December 23, 2013.
Welcome to the ZenSearch Search Bar (the "Software" or "Search Bar"). By downloading and installing the Software, you agree to be legally bound by this following End User License Agreement ("EULA" or "Agreement").
This EULA applies to the Software, updates, plug-ins and services associated with the Software, which is provided by ZenSearch, our suppliers and distributors ("we" or "us"). We may discontinue or change any feature of the Software at any time and without notice.
We reserve the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. You can always find the most recent version of this EULA at www.zensearch.com/eula.html. We may change this EULA by posting a new version without notice to you if the changes are minor. If there are material changes required, the Software will display a notice telling you an update is available. You will be given the option to read a description of the change(s) and the modified documents. You will get the option to either accept the changes and install the update, or continue using the current version of the software. If it is not technically possible to continue running old versions on old terms concurrently with newer versions on new terms, you will be given the option to either accept the update or uninstall the Software.
Grant of Limited Use License
Conditioned upon your compliance with the terms and conditions of this EULA, we hereby grant to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to download, install, enable and use the Software on a single computer or device (whether mobile device or other), solely for your personal use, provided that you use the Software on a computer, device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Software for backup purposes. We reserve all rights in the Software not expressly granted to you in this EULA. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
TRUSTe Trusted Download
ZenSearch ApS's application ZenSearch 1.0 has been certified by the TRUSTe's Trusted Download Program signifying that the ZenSearch application has been tested by TRUSTe for compliance with TRUSTe's TDP program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding the ZenSearch application, please contact us at ZenSearch ApS, Bysoestraede 2B st., DK-4300 Holbaek, Denmark or by email at email@example.com. If you are not satisfied with our response you can contact TRUSTe here. The TRUSTe Trusted Download program covers only the certified software downloaded from this site. Trusted Download certification does not cover other applications such as mobile versions, Facebook or Twitter apps.
Description of Services
As part of the installation process of the Software, we may change your Internet Browser settings and/or provide you with the ability to opt to make changes to your Internet Browser settings. By Using the Software, you agree that you have approved such changes and you understand you can reconfigure such settings at any time from the Settings options of your Internet Browser (for example, for web-search related changes). Such changes may include, without limitation, the following:
1. Change the default search engine in your web browser's built-in search box, if such a search box exists in your browser.
2. Change the default home page and new tab page of your web browser.
3. Add alternative "page not found" functionality to your web browser.
4. When installed on your computer, the Software periodically communicates with our servers. We may update the Software on your computer when a new version is released or when new features are added. We also reserve the right to add features or functions to the Software. If the changes are minor, these updates will happen automatically. If there are material changes, the Software will display a notice telling you an update is available. You will be given the option to read a description of the change(s) and the modified documents (if any). You will get the option to either accept the changes and install the update, or continue using your current version of the software. If it is not technically possible to continue running old versions on old terms concurrently with newer versions on new terms, you will be given the option to either accept the update or uninstall the Software. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software.
5. Enable search from the address bar of your web browser.
6. Enable search from a new ZenSearch search box in your web browser, if possible.
To uninstall the Software, you may use the standard Windows uninstall procedure found under the Windows Control Panel. Detailed instructions can be found here: http://www.zensearch.com/how-to-uninstall-zensearch.html.
You may not use the Software in any manner that could damage, disable, overburden or impair our search service (e.g., you may not use the Software in an automated manner) or in any way to transmit, directly or indirectly, any unsolicited bulk communications.
You may not decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the Software or any portion thereof.
You may not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA.
You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software.
If you violate these restrictions, we reserve the right terminate your right to use the Software at any time and to pursue any legal remedy against you available to us.
The Software may be freely distributed, with the exceptions noted below, provided that the distribution package IS NOT MODIFIED:
a) THE SOFTWARE MAY NOT BE PACKAGED OR BUNDLED WITH ANY OTHER PRODUCTS WITHOUT OUR WRITTEN PERMISSION.
b) THE SOFTWARE MAY NOT BE SOLD INDIVIDUALLY OR BUNDLED WITH OTHER PRODCUTS AND MAY NOT BE SOLD ON EBAY OR ANY OTHER SITE.
c) YOU MAY NOT CHARGE FOR DOWNLOADS OF THE SOFTWARE IF YOU LIST OR LINK TO IT FROM YOUR SITE.
d) YOU MAY NOT HOST THE INSTALLER FILE ON YOUR OWN OR ANY OTHER SERVER. DOWNLOAD LINKS MUST POINT TO OUR SITE UNLESS OTHERWISE AGREED.
All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to ZenSearch and ZenSearch holds title to each copy of the Software. You agree not to remove or alter our or any third party's trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property.
Third Party Applications
The Software may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and this EULA does not apply to your use of such other third party application, regardless of whether our Software and such application came bundled together.
This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of the Software in your possession. We may terminate this EULA, in our sole discretion, if you breach any of the terms and conditions, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and our proprietary rights shall survive any such termination. You agree that we shall not be liable to you or any third-party for any termination of your access to the Software or the services provided thereby.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS 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 THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE MAKE NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL WE OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY US SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS ZENSEARCH, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND ZENSEARCH AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
High Risk Environments
The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. ACCORDINGLY, ZENSEARCH SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT ZENSEARCH WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
Data Collection and Privacy
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Customized Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree that you will not export nor re-export the Customized Software nor any technical data related thereto nor any direct product thereof to any country embargoed by the U.S.
By downloading and using the Software, you further represent and warrant that: (a) you are not a citizen, national, or resident of, are under control of the government of or located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, including, without limitation, Cuba, Iran, Sudan, North Korea, Syria, or any country to which the U.S. has prohibited exports; and (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, and you are not listed on the United States Department of Commerce Table of Denial Orders. You will not download or otherwise export or re-export the Software, any technical data related thereto, or any direct product thereof, directly or indirectly, to persons on the abovementioned lists. You will not use the Software for, and will not allow the Software to be used for, any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Government End Users
The Software is a "commercial item," as that term is defined in 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 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth in this EULA.
This EULA is governed by and interpreted under the laws of Denmark, without regard to conflict of law provisions. All actions relating to this EULA and the Software shall be brought exclusively in the courts of Denmark, and you and ZenSearch irrevocably submit to the personal jurisdiction and venue of such courts for the purposes of any dispute arising from this EULA. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. ZenSearch may assign this EULA to any entity at its sole discretion and without notice to you.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. WE RESERVE THE RIGHT TO MODIFY THIS EULA FROM TIME TO TIME. NOTICE OF SUCH CHANGES WILL BE MADE ON THE US WEBSITE AS SET FORTH HEREIN, AND IF MATERIAL CHANGES ARE REQUIRED, BY SHOWING AN UPDATE NOTICE ON YOUR PC AS DESCRIBED ABOVE UNDER "GENERAL".
Software Questions, Comments, and Contact Information
If you have any questions, complaints and/or claims, you may contact us at:
Bysoestraede 2B st.
or you may use our online contact form.