By clicking on "Submit", "Download", "I Accept" or such similar button or link as may be required to execute the Ask Search Assistant or initiate its download, or by using the Ask Search Assistant, you agree with IAC Search & Media Europe Ltd ("Ask.com", "we" or "us") to be legally bound by this End User License Agreement (this "Agreement").
This Agreement will govern your use of the Ask Search Assistant (the "Search Assistant") including any Ask web search or other services (the "Services") made available by means of the Search Assistant and the website located at www.ask.com (the "Web Site"). Use of the Services and Web Site is subject to the Ask Terms of Service and Privacy Policy that you can find at http://sp.uk.ask.com/en/docs/about/site_policies.shtml.
After execution, the Search Assistant will change the settings of your Internet browser as follows, depending on which option(s) you choose:
Default Search: If you consent to make Ask.com your default search, your Internet browser default search feature will be set to Ask.com and you will access Ask web search services (i) by entering queries in your browser chrome search box; (ii) by entering queries in your Internet Explorer browser address bar, and (iii) in response to misspelled, incorrectly formatted or unresolved DNS submissions in your Internet Explorer browser address bar.
Default Home Page: If you consent to change your default home page, Ask.com will become your default home page and will appear each time you open your Internet browser.
You can easily undo the effect of the Search Assistant on your Internet browser settings by clicking on the "Start" button, then clicking on the "Settings" button, then clicking on the "Control Panel" button, then clicking on the "Add or Remove Programs" button, then selecting "Ask Search Assistant" and finally clicking on the "Change/Remove" button. Make sure all your browser windows are closed before starting this process.
THIS PRODUCT AND ALL THE FEATURES LISTED ABOVE ARE FREE. NO REGISTRATION IS REQUIRED. THIS PRODUCT IS NOT SPYWARE OR ADWARE.
You must be at least 18 years old in order to agree to this contract and download and execute this product. If you are not yet 18, please ask your parent or legal guardian to download and execute the Search Assistant for you.
1. License Grant
Subject to this Agreement, Ask.com grants you a non-exclusive, limited license, to (a) download and execute the most current generally available version of the Search Assistant, and (b) use the Search Assistant you download and execute solely for your personal, non-commercial purposes. Your use of the Ask Services through the Search Assistant is subject to the Ask Terms of Service and Privacy Policy available here: http://sp.uk.ask.com/en/docs/about/site_policies.shtml.
2. License Conditions
You may not copy, rent, sell, lease, sublicense, distribute or transfer the Search Assistant or this Agreement or use the Search Assistant for the benefit of any third party. In addition, you may not access, create, modify, decompile, disassemble, create derivative works from or otherwise reverse-engineer the source code of the Search Assistant, or attempt to do so, except to the extent expressly permitted or required by law. If you do create any modifications, enhancements or derivative works in breach of the foregoing, they will remain our sole property, and you hereby assign to us any and all rights relating to them and/or agree to perform, at your own expense, all actions we deem necessary to ensure that full title in and to such modifications, enhancements or derivative works is assigned to us.
We reserve the right improve the Search Assistant from time to time by adding features or functions to it.
3. Ownership
You acknowledge that the Search Assistant, including all code, protocols, software and documentation provided in conjunction with the Search Assistant belongs to us or our licensors, and is protected by copyright, trade marks, patents, trade secrets and other intellectual property and proprietary rights including moral or similar rights. All rights not expressly granted under this Agreement are reserved to us and our licensors.
4. Access and Interference
You may not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Search Assistant, Web Site or Services, except to undo the effect of the Search Assistant. You may not violate or attempt to violate the security of the Search Assistant. We reserve the right to investigate and take legal action if we suspect there have been any such violations, and we may involve, and cooperate with, law enforcement authorities in prosecuting any users involved. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other means of directly or indirectly damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
5. Disclaimer of Warranty
Without affecting your statutory rights, you understand and agree that:
(a) Your use of the Search Assistant, Web Sites and Services is at your sole risk. The Search Assistant, Web Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement;
(b) The Search Assistant, Web Site and Services are provided for information only. No content on the Search Assistant, Web Site or Services is intended to constitute professional advice, whether medical, financial, legal or otherwise;
(c) We make no representation or warranty that the Search Assistant, Web Site or Services will meet your requirements, that the operation of the Search Assistant, Web Site or Services will be uninterrupted, secure, or error-free, that the results obtained from the use of the Search Assistant, Web Site or Services will be lawful, accurate, truthful, timely, current, useful or reliable, or that any products, services, information or other material obtained by you through the Search Assistant, Web Site or Services will meet your needs;
(d) You obtain material through the use of Search Assistant, Web Site or Services at your own discretion and risk, and you will be solely responsible for any damage to computer systems or for any loss of data that results from the download or use of any such material; and
(e) No advice or information, whether oral or written, obtained by you from the Search Assistant, Web Site or Services will create any warranty.
6. Termination of Agreement
You may terminate this Agreement at any time by undoing the effect of the Search Assistant on your Internet browser settings as described above and destroying any copies of the Search Assistant in your possession or control.
We may terminate this Agreement at any time, without notice to you, by terminating your access to the Web Site or Services through the Search Assistant if we are required to do so for legal reasons or if we reasonably suspect that you have breached this Agreement, for example by violating any of the restrictions set out in Clause 2 above.
We may also discontinue, disable or alter any aspect or feature of the Search Assistant, Web Site or Services, or restrict the times or amounts of your use of the Services, at any time and without notice to you, if any of these actions becomes necessary due to changes in the law, changes in our business, changes in our contracts with suppliers, development of technology, development of new products or services, changes to existing products or services, changes in corporate strategy, takeover, change in control, or other forms of corporate re-organisation or any matters beyond our reasonable control.
7. Limitation of Liability
Nothing in this Agreement, including the two paragraphs below this one, will limit or exclude our liability for death or personal injury resulting from negligence or any other liability which cannot lawfully be restricted or excluded.
Subject to the paragraph above, you agree that neither Ask.com nor its parents, subsidiaries, affiliates, suppliers, advertisers or partners, nor its or their officers, directors, employees or agents (the "Covered Parties") will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including any loss of use, loss of profits, loss of data, loss of goodwill, and costs of procurement of substitute products or services, whether arising under breach of contract, tort (including negligence and strict liability) or otherwise in relation to: (a) your use of, or inability to use, the Search Assistant, Web Site and/or Services; (b) unauthorized access to or alteration of your transmissions or data by third parties or malicious code or programs unrelated to the Search Assistant; (c) any statements or content posted or provided on the Web Site or conduct of a third party on the Web Site; (d) reliance on content on or obtained through the Web Site or Services; or (e) any other matter relating to the Search Assistant, Web Site and/or Services.
Subject to the first paragraph of this Clause 7, the direct liability of Ask.com or any other Covered Party will be limited to £100.00.
8. Export Controls
The Search Assistant and its 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. You may not execute or download the Search Assistant if you are located in, under the control of, or a national or resident of any such country or on any such list, and you agree to comply with all applicable export control laws. Information about these laws is available at http://www.treasury.gov/offices/enforcement/ofac/ and http://www.bis.doc.gov/licensing/exportingbasics.html.
9. General
No Other Agreements Between Us. This Agreement constitutes the entire agreement between you and us governing your use of the Search Assistant and supersedes any prior agreements between you and us relating to such subject matter.
Applicable Law; Jurisdiction. This Agreement will be governed by the laws of England and Wales, and you agree that the English courts will have exclusive jurisdiction over any disputes arising under this Agreement, except that we reserve the right to seek injunctive relief if necessary in the courts of another jurisdiction.
Severability. If any provision of this Agreement is found by a court or other authority to be void or unenforceable, you agree that it may be severed from this Agreement, and that the remaining provisions of this Agreement shall continue in full force and effect.
Limitation Period for Claims; No Waiver. To the extent permitted by law, you agree that we will have no liability for any claim relating to this Agreement that is not filed within one year of the date you became aware or should reasonably have become aware of the cause of action. Our failure to enforce or exercise any provision of this Agreement will not constitute a waiver of our rights or that provision.
Contact Information. If you have any questions or concerns about this Agreement or the Search Assistant, Web Site or Services, you may contact us by using the email facility at http://web.ask.com/desktop/feedback or writing to:
IAC Search & Media Europe Limited Attention: Legal Department Unit 1, College Business & Technology Park Blanchardstown North Road Dublin 15 Ireland
Headings. The section headings in this Agreement are for convenience only and have no legal effect.
© 2009 IAC Search & Media
ATTENTION: This legal notice applies to the entire contents of this website under the domain name , to any associated websites owned or operated by us ("Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Zugo Limited ("Zugo").
1. INTRODUCTION
1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates.
1.3 Zugo may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.4 Zugo may from time to time offer other services which may be subject to different terms and conditions and which terms will be notified to the user of the relevant service and which will apply to that particular service, failing which the terms of this legal notice will apply.
2. SERVICE PROVIDED
2.1 The Website is designed to provide its users a directory of information data, making it freely available to search like any other major search engine.
3. ZUGO INTELLECTUAL PROPERTY
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Zugo or its licensors.
3.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Zugo’s prior written permission.
3.3 Any rights not expressly granted in these terms are reserved.
4. SERVICE ACCESS
4.1 While Zugo endeavours to ensure that this Website is normally available 24 hours a day, Zugo shall not in any way be liable if for any reason this Website is unavailable at any time or for any period.
4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Zugo’s control.
5. INSTALLATION
5.1 The Wyzo.com start page is available to be used freely by anyone. Most commonly our users chose to install/use our pages through our software products or our partners' software products. This choice is always optional.
5.2 In order for you to use any Wyzo.com start page, some or all of the changes set out below may need to be made to the settings on your PC (and you may have formerly agreed or hereby agree that by we may go ahead and make such changes without further reference to you):
a. If Internet Explorer ("IE") is installed on your PC we may change the default setting of your home page on IE 6, IE 7 and/or IE 8 to Wyzo.com, IESearch.com or the Ask.com search engine.
b. If Firefox ("FF") is installed on your PC we may change the default setting of your home page on FF to Wyzo.com, FireSearch.com or the Ask.com search engine;
c. If Safari ("SF") is installed on your PC we may change the default setting of your home page on SF to Wyzo.com, SafariSearch.net or the Ask.com search engine;
d. If Opera ("OP") is installed on your PC we may change the default setting of your home page on OP to Wyzo.com, OperaSearch.com or the Ask.com search engine;
5.3. Ask.com are our primary search provider. In addition to our terms and conditions, please review Ask.com's Terms of Service and Privacy policy. The terms of service for Ask.com (part of IAC Search & Media Europe Ltd) can be found at http://sp.uk.ask.com/en/docs/about/terms_of_service.shtml and the privacy policy for Ask.com (part of IAC Search & Media Europe Ltd) can be found at http://sp.uk.ask.com/en/docs/about/privacy.shtml
5.4. Wyzo.com, Ask.com, Zugo Ltd, IAC Search and Media EU Ltd are not affiliated with or representative of any software provided or supplied by Microsoft Corporation, Mozilla Corporation, Apple Inc, Opera Software ASA or any other organisation unless otherwise specified.