Review the TBARS Toolbar Demo Terms of Use.

    

Use of the TBARS Toolbar demos is subject to the TBARS Toolbar demo Terms of Use.

 

 


 

Please review the TBARS Toolbar Terms of Use:

Consent 

By downloading and/or using software ("Product") from our web site, the individual or entity licensing the Product ("Licensee") is consenting to be bound by and is becoming a party to this agreement. If Licensee does not agree to all of the terms of this agreement, the Licensee must not install or use any of the software developed by OPENBAR LLC

In this Agreement, "Licensor" shall mean OPENBAR LLC.

Grant 

Licensor grants Licensee a non-exclusive and non-transferable License to use the Product for evaluation purposes only. This License does not entitle Licensee to receive hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. Use of the Product for non-evaluation purposes is strictly prohibited.

Restrictions 

Licensee may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; modify, or otherwise attempt to change the functionality of the Product; or publish any results of benchmark tests run on the Product to a third party without Licensor's prior written consent.

Fees 

For evaluation purposes, the Product is licensed free of charge. Appropriate license fees are applicable if the Product is used for non-evaluation or commercial purposes. Licensee is responsible for any and all taxes.

Termination 

Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product. Licensee may terminate this agreement at any time by destroying all copies of the Product.

Property of Licensor 

Licensor retains all title, ownership rights, and intellectual property rights in the Product. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor's ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties.

Warranty Disclaimer 

Licensor does not verify the content of the material accessed through the use of the Product. The Product is provided free of charge, and, therefore, on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that it is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the product is borne by Licensee. Should the Product prove defective in any respect, Licensee and not Licensor or its suppliers or resellers assumes the entire cost of any service and repair. In addition, the security mechanisms implemented by the Product have inherent limitations, and Licensee must determine that the product sufficiently meets its requirements. This disclaimer of warranty constitutes an essential part of this agreement. No use of the Product is authorized hereunder except under this disclaimer.

Liability Limitation 

To the maximum extent permitted by applicable law, in no event will Licensor or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, licensor's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees licensee paid for this license (if any). Licensor is not responsible for any liability arising out of content provided by licensee or a third party that is accessed through the product and/or any material linked through such content.

Usage Restrictions 

The Product is not fault-tolerant. Licensee agrees that the Product shall not be used to operate or control, either directly or indirectly, any device or process that is regulated or certified by a government agency or in any environment in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product in such applications.

Miscellaneous 

This Agreement contains the entire understanding between Licensor and Licensee. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. This Agreement shall be construed, interpreted and governed by the laws of the State of New Jersey. The exclusive forum for any disputes arising out of or relating to this Agreement shall be the courts of the State of New Jersey. If Licensee is located outside the U.S., then Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Product, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable.

 

 

Send mail to info@tbars.com with questions or comments about this web site. 
Copyright 2007 Openbar LLC