IMINENT SOFTWARE LICENSE AGREEMENT
Last Updated: 05-16-2011
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING IMINENT, SEARCHTHEWEB AND THE IMINENT TOOLBAR SOFTWARE (COLLECTIVELY, THE “APPLICATION”).
THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN YOUR USE OF THE APPLICATION UNLESS YOU AND IMINENT (“IMINENT” OR “WE”) HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE APPLICATION.
Iminent Minibar is IMINENT proprietary software that facilitates creation and usage of content such as emoticons, winks and fire nudges that can be used in online communications through services including but not limited to AOL Instant Messenger, Yahoo! Messenger, Google Talk, AOL Mail, Gmail and Yahoo! Mail. Iminent Minibar also includes a search feature that allows users to search the internet through IMINENT’s search properties. The IMINENT TOOLBAR is IMINENT proprietary software that provides an internet browser toolbar that allows users to access features including but not limited to games, winks, emoticons, mood avatars, favorite websites, popup blockers and email notifications.
IMINENT is willing to license the Application to you only upon the condition that you accept all the terms contained in this Agreement. By clicking on the “I accept” button below or by downloading, installing or using the Application, you have indicated that you understand this Agreement and accept all of its terms.
1. Grant of License.
Conditioned upon your compliance with the terms and conditions of this Agreement, IMINENT grants you a non-exclusive and non-transferable license for a single user to use the executable form of the Application on a single computer owned or controlled by you, solely for your personal, non-commercial purposes, as described herein. IMINENT reserves all rights in the Application not expressly granted to you in this Agreement.
2. Services.
When you download, install or use any component of the Application to access and use various components thereof, including Iminent Minibar, SearchTheWeb and the IMINENT TOOLBAR, you acknowledge and agree that the IMINENT homepage, accessible at search.iminent.com, will be your default internet browser homepage as a result of such action. You may specify during installation of the Application that you do not accept the IMINENT homepage as your default homepage, and this default feature will be deactivated. You may also deactivate this default feature.
Other IMINENT software features, i.e. Iminent Minibar and the IMINENT TOOLBAR will be set as default features when you install the Application. You may specify during the installation process that you do not accept the IMINENT Toolbar and it will not be installed. The Iminent Minibar search feature will install automatically during the installation process, but during installation, you may choose to deactivate the this search feature. After this search feature is installed, you may deactivate it by accessing the Start Menu within the IMINENT Application and selecting the option to deactivate this search feature. Once this search feature has been deactivated, IMINENT will not reactivate it, unless you download new content from IMINENT which contains this search feature; you will be notified during such download of new content that the search feature will be activated upon download.
We reserve the right to add additional features or functions to the existing Application or components thereof. When installed on your computer, the Application periodically communicates with our servers. We may require the updating of the Application on your computer when we release a new version of the Application, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You are not obligated to use any of the features of the Application, including, but not limited to emoticons and video features.
MINENT will serve advertisements to you as part of your use of the Application. If you do not want to receive such advertisements, you may change your settings after installation of the Application to deactivate the serving of advertisements to you. IMINENT may modify your default search provider during your use of the Application. If you do not want to have your default search provider modified, you may refuse the modification as part of the Application installation process or, after installation, you may deactivate the modification of your search properties by accessing the Start Menu within the IMINENT Application and selecting the option to deactivate the IMINENT search features. IMINENT may also redirect your Web Browser’s about:blank and new tabs functionality to the IMINENT search page during your use of the Application.
You agree that, depending on your configuration, IMINENT may install some or all of the following third party applications: Microsoft .NET Framework (which can be uninstalled using "Windows Installer CleanUp", available at http://support.microsoft.com/kb/290301) and Adobe Flash (which can be uninstalled by following the instructions at http://kb2.adobe.com/cps/141/tn_14157.html)
Uninstall:
SearchTheWeb and the Iminent Minibar can be uninstalled from the "ADD OR REMOVE PROGRAM" dialog box in the Windows Control panel:
Go to ADD/REMOVE PROGRAMS in your control panel
Look for Iminent minibar and click the remove button
If you wish to uninstall the IMINENT Toolbar follow these instructions: For Internet Explorer: Go to "Start", "Settings", "Control Panel". On your Control Panel, select "Programs and Features". Now select "IMinent Toolbar" from the list of currently installed programs. Click "Uninstall" and follow the instructions (N.B.: the Firefox toolbar is not removed when you uninstall the IMINENT Toolbar via Add/Remove Programs). For FireFox: You can hide the IMINENT Toolbar for Firefox by clicking your right mouse button while the cursor is over the IMINENT toolbar, and then selecting IMinent Toolbar. If you prefer to uninstall the IMINENT Toolbar for Firefox and remove it from your computer entirely, go to your Tools in the Firefox menu and select Add-ons. Now select IMinent Toolbar for Firefox and click on the Uninstall button.
3. Restrictions.
Except as expressly specified in this Agreement, you agree not to do any of the following: (a) copy (except in the course of loading or installing) or modify the Application, including but not limited to adding new features or otherwise making adaptations that alter the functionality of the Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or (c) make the functionality of the Application available to multiple users through any means, including but not limited to by uploading the Application to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Application, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of IMINENT and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
4. Making purchases and Using Credits.
You may purchase with real money our virtual currency, the “Credits”, to buy virtual goods, or to send gifts or special messages to other users.
You may be required to register an account through which you will connect to the Application (the “Account”). If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement. When creating or updating an Account on the Application, you are required to provide IMINENT with certain personal information, which may include your name, gender, birth date, e-mail address. This information will be held and used in accordance with IMINENT's Privacy Policy. You agree that you will supply accurate and complete information to IMINENT, and that you will update that information promptly after it changes. You are responsible for anything that happens through your Account and for maintaining the confidentiality of your login information
When you purchase or receive Credits, you do not own the Credits. Rather, you receive a limited right to use such Credits in connection with certain features on IMINENT, such as the purchase of virtual goods
PURCHASES OF CREDITS ARE NON-REFUNDABLE. Credits are not redeemable for any sum of money or monetary value from us. You will not sell Credits to anyone, or transfer them to anyone. We may change the purchase price for Credits at any time as well. We also reserve the right to stop issuing credits.If you leave a balance of Credits unused for 6 months, we may redeem those credits. If you deactivate your ac
If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated Credits. If you receive free or promotional Credits, we may expire them at any time.
5. Ownership.
The copies of the Application are licensed, not sold. The Application is protected by the copyright laws of France and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as delivered to you.
Even though we use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to virtual gifts and credits, we do not transfer an ownership interest in those items.
6. Term.
The license granted under this Agreement remains in effect for a period of 75 years, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by destroying all copies of the Application in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from IMINENT, if you breach any term of this Agreement. Upon termination, you must at IMINENT’s option either promptly uninstall and destroy or return to IMINENT all copies of the Application in your possession or control.
7. NO WARRANTY.
THE APPLICATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. IMINENT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMINENT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability.
IMINENT’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). IN NO EVENT WILL IMINENT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT IMINENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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.
9. Export Law.
You agree to comply fully with all of France’s export laws and regulations to ensure that neither the Application 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.
10. General.
This Agreement will be governed by and construed in accordance with the laws of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without IMINENT’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications permitted or required hereunder will be provided to you in one of the following ways: by posting on the IMINENT Site, by email or through Application notifications. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and IMINENT have executed a separate agreement.
11. Contact Information.
If you have any questions regarding this Agreement, you may contact IMINENT at contact@iminent.com.
