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End-User License Agreement and Terms of Use

1. This is a Contract between You and ActiveFeeds.com

This is a contract between you and ActiveFeeds.com for the ActiveFeeds.com software that accompanies this contract, including any electronic documentation (“ActiveFeeds”). You are an individual person. You represent that you are at least 18 years old and have reached the age of majority in the province, state or country in which you live.

By installing, copying, or otherwise using ActiveFeeds you agree to be bound by this contract. If you do not agree to this contract, do not install, copy or use ActiveFeeds.

2. How We may Modify this Contract

You can find a link to the most recent version of the contract at http://www.ActiveFeeds.com/. The changed contract is in effect immediately. If you do not agree to changes in the contract, then you must stop using the ActiveFeeds by uninstalling the software to remove it from your computer. If you do not stop using the ActiveFeeds, then your use of the ActiveFeeds will continue under the changed contract.

We may change this contract at any time. Please review this contract on a regular basis.

3. Privacy

See the ActiveFeeds Privacy Statement at
http://www.ActiveFeeds.com/privacy.html for details.

4. ActiveFeeds

The ActiveFeeds is protected by copyright and other laws and international treaties. The ActiveFeeds is licensed, not sold, to you. You may use it only for your personal use, and not to operate any business. You may not sell the ActiveFeeds or any information, services, or software associated with it.

You may not modify, copy, license, or create derivative works from the ActiveFeeds. Also, you may not use ActiveFeeds in any manner that could damage, disable, overburden, or harm ActiveFeeds.com nor may you use the ActiveFeeds in any manner that interferes with any other party's use of ActiveFeeds services.

5. Feedback

If you have comments on the ActiveFeeds or ideas on how to improve it, please let us know by sending an email to info@activefeeds.com. Please note that by doing so, you also grant ActiveFeeds.com and third parties permission to use and incorporate your ideas or comments into ActiveFeeds (or third party software) without compensation.

6. Ownership

You acknowledge that ActiveFeeds.com or third parties own all rights (including copyrights, patents, trade secrets and other rights of any kind) in ActiveFeeds or other software provided to you with ActiveFeeds. You will not modify, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the ActiveFeeds, unless such activity is expressly permitted by applicable law notwithstanding this limitation. You also will not remove, obscure, or alter ActiveFeeds.com or any third party's copyright notice, trademarks, or other proprietary rights notices contained within or accessed in conjunction with the ActiveFeeds. ActiveFeeds.com reserves all rights not expressly granted to you. All content that may be accessed through use of the ActiveFeeds is the property of its respective owner and may be protected by applicable laws and treaties. This contract does not grant you any rights to use that content.

7. ActiveFeeds.com Makes No Warranty

ActiveFeeds.com AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE WITH ACTIVEFEEDS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE ACTIVEFEEDS AND/OR ANY THIRD PARTY SOFTWARE ACCESSED WITH OR THROUGH THE ACTIVEFEEDS.

THE ACTIVEFEEDS AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ACTIVEFEEDS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ActiveFeeds.com AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE ACTIVEFEEDS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ActiveFeeds.com AND ITS SUPPLIERS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ACTIVEFEEDS AND SUPPLIERS SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE ACTIVEFEEDS AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ACTIVEFEEDS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES (INCLUDING, FOR EXAMPLE, AND WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA) THAT RESULTS FROM THE DOWNLOAD OR USE OF THE ACTIVEFEEDS AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8. ActiveFeeds.com's Liability is Limited

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ActiveFeeds.com OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ACTIVEFEEDS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER MONETARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE ACTIVEFEEDS, NON-PERFORMANCE OF THIRD PARTIES, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ActiveFeeds.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. Search Services

The ActiveFeeds RSS Toolbar can be customized to use third party search engines. The use of the ActiveFeeds is also defined by the Terms of Use and Privacy Policy of the search services. ActiveFeeds will not be held responsible for any damages or loss caused by the search results generated by any third party search engines.

10. Performance and Usage Information

ActiveFeeds.com may automatically upload performance and usage information for evaluating the ActiveFeeds. Such information will not personally identify you.

11. Governing Law and Certain other Miscellaneous Provisions

If this contract is with ActiveFeeds.com, then claims for breach of this contract will be subject to the laws of the Hong Kong Special Administrative Region, without reference to conflict of laws principles. If this contract is with an ActiveFeeds.com affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such ActiveFeeds.com affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Hong Kong SAR, or, if you reside outside Hong Kong SAR, under the laws of the country to which your use of the search services is directed.

If this contract is with ActiveFeeds, you consent to the exclusive jurisdiction and venue of the courts in Hong Kong SAR for all disputes relating to this contract or the Service. If this Contract is with an ActiveFeeds.com affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such ActiveFeeds.com affiliate for all disputes relating to this contract or the ActiveFeeds. You cannot revoke this consent.

12. This is the Entire Contract; No Waiver

This contract constitutes the entire contract between the parties with respect to its subject matter and replaces all prior or contemporaneous understandings or contracts, written or oral, regarding such subject matter. Any waiver of any provision of this contract will be effective only if in writing and signed by an authorized representative of ActiveFeeds.com.


Last Updated: 18th July 2005