iComment End user license agreement

SOFTWARE LICENSE AND iCOMMENT TERMS OF SERVICE

Welcome to iComment Toolbar (the "iComment Software"). By checking the "I accept" checkbox below, you agree to these software license terms (the "Software License") that supplement the iComment Terms of Service ("TOS") below, also located at http://icomment.com/terms.php. If you disagree with any of the terms below, iComment does not grant you a license to use the iComment Software; click the "Cancel" button to cancel the installation.

Your registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://icomment.com/privacy.php.

iComment reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can always find the most recent version of this Software License at http://icomment.com/terms.php. iComment may change this Software License by posting a new version without notice to you. Use of the iComment Software after such change constitutes acceptance of such changes.

1. Licensed Uses and Restrictions.

By accepting the terms of this Agreement, you represent to iComment Inc. and its affiliates (collectively, "iComment") that you are at least 18 years old. The iComment Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "iComment Software") are owned by iComment, or iComment`s licensors and content and data providers ("iComment Licensors") and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the iComment Software, all updates, revisions, substitutions, and any copies of the iComment Software made by or for you. All rights not expressly granted to you are reserved by iComment, Inc. or their respective owners.

a. YOU MAY install and personally use the iComment Software and any updates provided by iComment (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the iComment Software for your own noncommercial use or benefit. Your license to the iComment Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the iComment Software and by destroying all your copies of the applicable iComment Software. This Software License terminates automatically if you violate any term of this Software License, iComment publicly posts a written notice of termination on iComment`s web site, or iComment sends a written notice of termination to you directly.

b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the iComment Software or any portion thereof.
(ii) incorporate the iComment Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the iComment Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(iv) you may not use the iComment Software to operate nuclear facilities, life support or other mission critical application where human life or property may be at stake. You understand that the iComment Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which iComment is not responsible;
(v) use, or export the iComment Software in violation of applicable U.S. laws or regulations;
(vi) sell, lease, loan, distribute, transfer or sublicense the iComment Software or access thereto or derive income from the use or provision of the iComment Software, whether for direct commercial or monetary gain or otherwise, without iComment`s prior, express, written permission;

2. Ownership and Relationship of Parties.

The iComment Software is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. iComment and iComment`s Licensors own all rights, title, and interest in and to their applicable contributions to the iComment Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by iComment, including (but not limited to) the iComment Software and iComment trademarks, and creates no relationship between yourself and iComment`s Licensors, or between you and iComment other than that of iComment to licensee.

The iComment Software, and its components contain software licensed from iComment Licensors ("Licensor Software"). The Licensor Software enables the iComment Software to perform certain functions, including without limitation, access proprietary data on third party data servers. You agree that you will use the iComment Software, and any data accessed through the iComment Software for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the iComment Software, or any data obtained through the iComment Software to any third party. Your license to use the iComment Software, its components, and any third party data will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the iComment Software, its components, and any third party data. All rights in any third party data, any third party software, and any third party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.

3. Support and Software Updates.

iComment may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the iComment Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. iComment may change, suspend or discontinue any aspect of the iComment Software at any time, including the availability of any iComment Software feature, database, or content. iComment may also impose limits on certain features and services or restrict your access to parts or all of the iComment Software or the iComment web site without notice or liability.

4. Fees and Payments.

iComment reserves the right to charge fees for future use of or access to the iComment Software or the iComment services and web sites (collectively, "iComment Software Services") in iComment`s sole discretion. If iComment decides to charge for the iComment Software Services, such charges will be disclosed to you prior.

5. Disclaimer of Warranties by iComment.

USE OF THE iComment SOFTWARE AND ANY DATA ACCESSED THROUGH THE iComment SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS".

iComment, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "iComment ENTITIES") AND iComment LICENSORS DO NOT REPRESENT THAT THE iComment SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.

THE iComment ENTITIES AND iComment LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE iComment SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE iComment SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IF THE iComment SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE iComment ENTITIES OR THE iComment LICENSORS ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE iComment ENTITIES OR iComment LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability.

THE iComment ENTITIES AND iComment LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE iComment SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.

THE iComment ENTITIES AND iComment LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE iComment SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE iComment SOFTWARE OR ANY DATA PROVIDED THROUGH THE iComment SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.

INFORMATION PROVIDED THROUGH THE iComment SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE iComment ENTITIES AND iComment LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. iComment MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE iComment SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE iComment SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.

7. Indemnification.

You agree to indemnify and hold the iComment Entities harmless from any claim or demand, including reasonable attorneys` fees, made by any third party in connection with or arising out of your use of the iComment Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.

8. Government End Users.

If the iComment Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the iComment Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software". All other terms and conditions of this Software License apply.

9. Controlling Law.

This Software License and the relationship between you and iComment is governed by the laws of the State of California without regard to its conflict of law provisions. You and iComment agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The United Nations Convention on the International Sale of Goods does not apply to this Software License.

10. No General Waiver; Severability.

The failure of iComment to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties` intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.

11. Complete Agreement.

This Software License and the TOS constitute the entire understanding between the parties respecting use of the iComment Software, superseding all prior agreements between you and iComment. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software License and the TOS, this
Software License will control to the extent of such conflict.

12. Surviving Provisions.

Sections 2, and 4 through 12, will survive any termination of this Agreement.