IMPORTANT--READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. YOU MUST CLICK "ACCEPT" IN ORDER TO INSTALL THE SOFTWARE.
BY CLICKING "ACCEPT" OR BY INSTALLING SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING OR USING THE SOFTWARE.
YOU MAY UNINSTALL OR DISABLE XURCH CLOUD PLUG-IN ("XURCH CLOUD") BY THE FOLLOWING:
THE XURCH CLOUD IS ONLY DISPLAYED WITH SEARCH SUGGESTIONS WHILE YOUR CURSOR IS IN THE COMPATIBLE WEB SITE’S SEARCH BOX AND AFTER A NEW SEARCH IS LAUNCHED IN THE COMPATIBLE WEB SITE’S SEARCH BOX. XURCH CLOUD DOES NOT MODIFY THE SEARCH RESULTS OR CONTENT ON THE SEARCH ENGINE SERVERS OR WEBSITE. XURCH CLOUD ONLY TEMPORARILY AFFECTS YOUR DISPLAY OF SEARCH RESULTS IN YOUR BROWSER. XURCH CLOUD MAY PARTIALLY OBSTRUCT THE SEARCH RESULTS OR PAID ADVERTISEMENTS ON THE SEARCH ENGINE WEBPAGE DISPLAYED IN YOUR BROWSER.
TO HIDE THE XURCH CLOUD, SIMPLY MOVE YOUR CURSOR OUT OF THE SEARCH BOX.
TO ENTIRELY ELIMINATE ANY OBSTRUCTION BY XURCH CLOUD IN THE FUTURE, UNINSTALL OR DISABLE XURCH CLOUD.
You affirm that you are 18 years old or older; if you are an entity, that you are a corporation, partnership or other legal entity duly formed and in good standing; and that you have all the legal rights needed to enter into and perform your obligations under this License Agreement. You are solely responsible for your use of the Xurch Cloud. You shall not, and shall not authorize or encourage any fraudulent or improper use of the Xurch Cloud, and you shall comply with all applicable laws and regulations.
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to download, install, and use, in accordance with this License Agreement, this Xurch Cloud and its contents via a generally available, compatible consumer web browser. Except as expressly provided in this License Agreement, nothing contained herein shall be construed as conferring any other right, expressly, by implication, or otherwise, with respect to any of Xurch Cloud’s content or under any third party's content. Any rights not expressly granted herein are reserved to FLA and its licensors. You may not (and you may not allow any third party to) copy, permanently store, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Xurch Cloud, or remove or obscure the copyright notice or other notices displayed on the Xurch Cloud content. You may not use programming code, such as a web service call, to obtain Xurch Cloud suggestions programmatically, and you may not send large numbers of queries to Xurch Cloud in any manner with the intent of storing and processing the results. You may not use Xurch Cloud for any purpose that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, misleading, tortious, profane, infringing, damaging or in any manner that could give rise to any civil or criminal liability under the law. FLA reserves the right to investigate, at its own discretion, any activity that may violate this Agreement.
Xurch Cloud is intended for the personal, noncommercial use of our users. You may use Xurch Cloud only in accordance with this License Agreement. For authorizations to use content, please contact the content owner as indicated on the source site, not FLA. FLA cannot guarantee that a search will not locate unintended or objectionable content and accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Xurch Cloud or for your use of such content.
Xurch Cloud users shall respect the intellectual property of others. Xurch Cloud advertisers are solely responsible for the content of their advertisements and the keywords they select for keyword targeted advertising. Xurch Cloud users shall ensure that use of Xurch Cloud content does not violate any intellectual property rights of others, including trademark rights. FLA cannot arbitrate disputes between advertisers, websites, ISPs and trademark owners. Trademark owners must make their claims directly with the owners of the allegedly infringing advertisers, web-sites, or the Internet service provider that hosts such websites.
Permission is granted to link to the Xurch Cloud download page if you comply with the following linking policy: your site must not libel or damage FLA, its affiliates, licensors, or their brands, or engage in conduct that in our sole discretion constitutes a prohibited use under this License Agreement. Further, you may not create a frame around any FLA content or create any impression by any other method that the content of Xurch Cloud does not belong to FLA, its licensors, the advertisers, or the owner of such content. You must use the name of the content owner and of FLA correctly. This permission terminates automatically if you breach any terms or conditions of this License Agreement and upon termination, you must remove any link. Your link should be placed as follows: [<a href="http://www.xurch.com">Xurch.com</a>]
Paid Advertisements (if any) on the Xurch Cloud may contain links to third party Internet sites (the "Linked Sites"), including those controlled by affiliates of FLA. Your use of other sites is subject to the terms of use and privacy policy on such other sites. Access to Linked Sites is at your own risk and FLA is not responsible for contents on Linked Sites and disclaims all liability. Any reference on the Xurch Cloud to a Linked Site is for your convenience and is not an endorsement.
THE XURCH CLOUD AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
FLA AND ITS AFFLIATES AND LICENSORS ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOST DATA) ARISING OUT OF THE USE OF INABILITY TO USE THE XURCH CLOUD EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
We may request your evaluation of the Xurch Cloud and related programs. FLA will own and have the sole right to use any ideas, information, understandings, concepts and suggestions provided by you as feedback or otherwise derived from your evaluation of the Xurch Cloud without restriction and without compensating you in any way.
You may not issue any press release or other public statement regarding Xurch Cloud without the prior written consent of an authorized person at FLA.
Xurch Cloud may not be appropriate or available for use outside the United States of America. You are responsible for compliance with local laws. Use of Xurch Cloud in jurisdictions where its content is illegal is prohibited. Any claim relating to Xurch Cloud, its use, and its content is governed by controlling Federal laws and the laws of the State of California without regard to choice of law rules.
You shall defend, indemnify, and hold harmless FLA and its affiliates and licensors and their officers, successors, assigns, agents, service providers, AND suppliers, and hold them harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your misuse of the Xurch Cloud, your violation of the License Agreement, or your violation of any rights of another.
You and we agree that any claim or dispute (whether in contract, tort, or otherwise) between you and FLA arising in relation to this Agreement shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator in Santa Clara County, California. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that FLA will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a claim that allows for the prevailing party to receive an award of attorneys’ fees, the arbitrator may award reasonable fees to such party.
If any provision(s) of this License Agreement are held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
When you perform a search with a browser with Xurch Cloud plugged in, Xurch Cloud uses standard Internet logging in its Internet servers. Our Internet server may automatically recognize the domain name of each user, each user’s IP address, the Internet searches that you request on the compatible websites, and the time of the request, along with a variety of information supplied by your browser. FLA will retain this information for a limited period, not to exceed one year. Thereafter FLA will use a cryptographic hashing function in which identification numbers are immediately converted into a new number referred to as a "hash value". The hash value is not identifiable to any individual and will be retained and utilized for its search value indefinitely.
Xurch Cloud may also collect personally identifying information when someone communicates with us with feedback about Xurch Cloud, including the end user’s name, address, telephone number, or email address, and the contents of users’ communication. FLA may retain this information indefinitely.
Xurch Cloud may use "cookies" to track Users' use of Xurch Cloud. Cookies are small files that a server transfers to the hard drive of someone who visits a site and that the server can access when the person returns to the site.
Your use of Xurch Cloud may communicate through many machines, operating systems, programs, browsers, Internet servers, networks, routers, Ethernet switches, Internet service providers, proxy servers, intranets, the public phone system, or other devices on your premises, at the Archive, and in between. Some of these devices create logs of activities that are recorded on computer systems.
FLA may disclose any information it collects from you if it believes in good faith that such action is reasonably necessary to enforce this License Agreement, to comply with the law, to comply with legal process, to operate its systems properly, or to protect the rights or property of itself or others.
FLA retains the freedom to make strategic and business decisions about the Xurch Cloud and all related and successor programs. FLA reserves the right, in its sole discretion, to add to, delete from, or revise this License Agreement, including without limitation the Privacy Policy, or features of Xurch Cloud at any time without notice, and such revisions shall become effective immediately upon the posting an updated date in this License Agreement link at the top left of the Xurch Cloud. Your continued use of the Xurch Cloud constitutes your acceptance of any changes to the License Agreement including the Privacy Policy, concerning, but not limited to, both previously and prospectively collected information.
Revised 03/30/2009