SCENICREFLECTIONS TOOLBAR END USER LICENSE TERMS
PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY.
ONCE INSTALLED, THE "ScenicReflections Toolbar(tm)" SOFTWARE PLUGIN (the "Toolbar")
WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE THE
MICROSOFT INTERNET EXPLORER AND/OR MOZILLA FIREFOX BROWSER PROGRAMS. BEFORE YOU CAN USE THE TOOLBAR HOWEVER, YOU MUST ACCEPT THE FOLLOWING AGREEMENT (the "Agreement").
If you agree to the following Agreement between you (the user) and ScenicReflections Toolbar ("ScenicReflections Toolbar"), you will be granted the following limited rights to install and use the Toolbar:
A. You may use the Toolbar for personal use, on a single computer per legitimate copy which you download from ScenicReflections Toolbar. If you wish to use the Toolbar for commercial use or if you wish to redistribute the Toolbar to others, you will require the prior express written authorization of ScenicReflections Toolbar or, alternatively, may do so after using ScenicReflections Toolbar's "ScenicReflections Toolbar Wizard(tm)" customization service (after duly registering with ScenicReflections Toolbar) and accepting the conditions applicable to that service;
B. You may not otherwise reproduce, distribute, transmit, print or transfer information related to Toolbar.
VISICOM PRIVACY NOTICE:
BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND
ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR WILL MODIFY THE SETTINGS OF YOUR BROWSER CONCERNING "DNS ERROR PAGE", "ERROR 404 PAGE", "ADDRESS BAR SEARCH", "NEW TAB" AND "DEFAULT BROWSER SEARCH" . FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY
COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO ScenicReflections Toolbar and/or VISICOM MEDIA, Inc. ("VISICOM") VIA ("APPLICATIONSTAT.COM") TO HELP
ScenicReflections Toolbar COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR BY USERS
(for example concerning the number of installations and unique users, the number of clicks which the Toolbar receives, the number of searches performed by users, etc.). Such statistical information will not include any personally identifiable information regarding users.
You may uninstall this program at any time and with no limitations, either by using the uninstaller provided with the software, or by using the standard uninstall procedures offered with your computer's operating system or internet browser.
To uninstall the toolbar directly from the toolbar, click on the settings button (displayed as a wrench icon) on the right side of the toolbar and select 'Uninstall'. This will take you to a webpage where you can uninstall the toolbar and an option to leave feedback on why you are uninstalling the toolbar. To uninstall the toolbar using your computer's operating system, open your computer's control panel, and select 'Programs and Features ' or 'Add or Remove Programs' depending on your operating system. Find 'ScenicReflections Toolbar' in the list of installed programs, and click on it to begin the un-installation process.
Personal Identifiable Information (PII):
The ScenicReflections Toolbar does collect the user's IP address. The purpose of collecting this data is to enable proper geographic localization. That is, the weather feature present on the ScenicReflections Toolbar uses this IP address to generate the current weather based on the user's current location. While the IP address is stored for backup purposes ScenicReflections Toolbar does not use this information for any other purpose. Other than the IP address, no other personal identifiable information is being collected.
EVEN IF YOU ACCEPT THIS AGREEMENT, IT IS STRICTLY PROHIBITED TO:
A. Modify the Toolbar in part or in its entirety;
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO
USE THE TOOLBAR WILL BE AUTOMATICALLY TERMINATED. THIS
TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER
REMEDIES WHICH VISICOM MAY SEEK. THE USER MAY CANCEL HIS LICENSE
TO USE THE TOOLBAR BY UNINSTALLING AND DESTROYING OR ERASING
ALL COPIES OF THE TOOLBAR UNDER HIS CONTROL.
EXCLUSION OF WARRANTY:
THE TOOLBAR IS PROVIDED UNDER LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE TOOLBAR IS BORNE BY THE USER. ScenicReflections Toolbar MAY, AT
ANY TIME, TERMINATE THIS AGREEMENT BY NOTIFYING THE USER OF THE
LIMITATION OF LIABILITY:
IN NO EVENT SHALL ScenicReflections Toolbar, OR VISICOM, OR ANY THIRD PARTY INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE TOOLBAR BE LIABLE UNDER
ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY
LOSS INCURRED BY THE USER AND ARISING OUT OF THE USE OR INABILITY
TO USE THE TOOLBAR, EVEN IF ScenicReflections Toolbar HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
"ScenicReflections Toolbar" and "ScenicReflections Toolbar Wizard" are trademarks of ScenicReflections Toolbar and are protected by the ScenicReflections Toolbar and international laws on trademarks and intellectual property. Use of the products' names is strictly forbidden unless it's used with the express written permission of ScenicReflections Toolbar.
This Toolbar, including its code, documentation, appearance, structure, and organization is an exclusive product of ScenicReflections Toolbar AND VISICOM, which retains all intellectual property rights concerning the Toolbar, its copies, modifications, or merged parts, including any copyrights and invention rights.
GOVERNING LAW AND FORUM:
This Agreement will be governed and interpreted according to the laws applicable within the ScenicReflections Toolbar. Any judicial proceedings relating to this Agreement must be presented in the Judicial District of ScenicReflections Toolbar to the exclusion of any other courts or jurisdiction.
ALEXA PRIVACY NOTICE AND AGREEMENT:
THIS TOOLBAR INTEGRATES CERTAIN SERVICES FROM ALEXA INTERNET,
INC. ("ALEXA"). THE TOOLBAR MAY EXCHANGE DATA WITH ALEXA IN ORDER
TO PROVIDE: (A) INFORMATION TO YOU ABOUT THE WEB PAGES YOU VIEW
(ranking information, for example) AND (B) BASIC INFORMATION TO ALEXA ON
YOUR USE OF THE TOOLBAR, INCLUDING THE IP ADDRESS OF YOUR
COMPUTER, THE URL OF THE WEB PAGES YOU VISIT AND, BECAUSE THE TOOLBAR COMMUNICATES VIA HTTP, DATA TYPICAL OF NORMAL HTTP COMMUNICATIONS, SUCH AS USER AGENT AND OPERATING SYSTEM, WILL BE COMMUNICATED.
You may disable the portion of the Toolbar that allows exchange of data with ALEXA, by accessing the "Options" Page (in the Toolbar menus) and removing the "Alexa" button from the interface of the Toolbar. If you do so, however, you will no longer have access to the information (like ranking) available from ALEXA about the Web pages you view, whether or not the Toolbar is installed.
ALEXA does not and will not attempt to analyze Web usage data it obtain through the Toolbar to determine the identity of any particular Toolbar user. However, ALEXA may aggregate and analyze the information it collects through your usage of the Toolbar to improve its service and to prepare reports about aggregate Web usage.