The Deskbar downloadable toolbar, as updated from time to time (the "Deskbar") is intended to work with your internet browser to give you easy access to perform Internet search queries from your desktop, and other features and services provided by BlueLabs, LLC (“BlueLabs”). All references in this Agreement to "we" or "us" shall mean BlueLabs. All references to "you" shall mean the owner or person in lawful possession of the computer on which the Deskbar is installed or any person who uses that computer, with or without permission from the owner. By downloading, installing or using the Deskbar, you agree to be bound by the terms of this End User License Agreement ("EULA").
The Deskbar includes Internet search functionality you’re your desktop and has interactive buttons that you can use to access various features and functionalities that are intended to enhance your use desktop experience, such as weather and TV watching information (the "Deskbar Services"). We may change, add to or remove Deskbar Services from time to time, with or without notice to you. By downloading, installing, and using Deskbar, you consent to any modifications to the Deskbar Services. Deskbar works in conjunction with your internet browser and the Deskbar Services may change the functionality of your internet browser or other software. By downloading, installing or using Deskbar, you consent to any changes to your system made by Deskbar or as a result of its installation or use.
You acknowledge that BlueLabs or third parties own all rights, title and interest in and to Deskbar , portions thereof, or software provided through or in conjunction with Deskbar, 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 that you will not(i) decompile, reverse engineer, or disassemble Deskbar or the Deskbar Services, or otherwise attempting to derive their source code, (ii) tamper or interfere with the functionality or operation of Deskbar while using or installing it, (iii) sell, rent, or resell Deskbar to any third party, (iv) duplicate, reproduce, copy (except for reasonable backup purposes), modify, or otherwise create derivative works of Deskbar, or (v) export Deskbar, directly or indirectly into any country prohibited by law. You agree to not remove, obscure, or alter BlueLabs’ 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 Deskbar. You agree that nothing contained herein entitles you to own Deskbar or any portion thereof and that Deskbar is only being licensed to you and not sold to you.
We may, but are not required to, issue updates Deskbar from time to time which may include patches bug fixes, new features, new versions, or enhanced functionality (collectively, "Updates"). All such Updates are governed by this EULA. If and when we issue Updates to Deskbar, we may, but are not required to make such Updates available to you. By first downloading and installing Deskbar onto your computer, you agree that we may automatically provide such Updates to you at our discretion without any requirement for further approval from you or notification to you.
Should you decide that you no longer wish to have Deskbar on your computer, you can uninstall Deskbar at any time. In addition, we shall have the right to terminate your access to and use of Deskbar at any time if we determine, in our sole discretion, that you have violated this EULA, the Deskbar Privacy Statement or the Terms & Conditions or if we decide to discontinue offering Deskbar.
You agree to hold harmless and indemnify BlueLabs and any third-party licensors (collectively, the "indemnified parties") and each of their parents, subsidiaries, affiliates, officers, directors, employees and agents, from and against any claim, suit or action against any of the indemnified parties arising from or in any way related to your use of Deskbar , the Deskbar Services or your violation of this EULA, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF DESKBAR, OR YOUR USE OF THE DESKBAR SERVICES. DESKBAR AND THE DESKBAR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FULLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT DESKBAR OR THE DESKBAR SERVICES WILL BE OPERABLE, OR THAT THEY WILL WORK AS INTENDED, OR THAT THE 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, HARDWARE (INCLUDING, WITHOUT LIMITATION, ANY COMPUTER OR CAUSE ANY LOSS OR CORRUPTION OF DATA, OR THAT THEY WILL HAVE A MINIMUM SERVICE LIFE. THIS DISCLAIMER OF WARRANTIES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, SO THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION, USE OR MISUSE, UNINSTALLATION, OR RELIANCE UPON DESKBAR OR THE DESKBAR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY, PERSONAL INJURY, TRESPASS TO CHATTEL OR OTHERWISE, AND WHETHER OR NOT THE PERSON CAUSING SUCH LOSS OR DAMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED $100.00.
The parties agree that any disputes arising under this EULA will be adjudicated separately, and will not be combined, and that all disputes will be governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
Deskbar may be subject to United States export controls. Deskbar may not be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, Syria, North Korea, Iran or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders. By downloading or using Deskbar, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States. export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746.
If you have any questions regarding this EULA or wish to obtain additional information you can contact us by writing to:
1550 Utica Avenue South
St. Louis Park, MN 55305
Alternatively, if you would like to contact us via e-mail, please send a message to firstname.lastname@example.org
Last Modified: April 28, 2015