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SEARCH APPLICATION END USER LICENSE AGREEMENT AND PRIVACY POLICY
This Search Application End User License Agreement ("Agreement"), applies to web search applications (each a "Search Application") developed by or for APN, LLC ("APN", "we" or "us") and downloaded, installed and/or executed on or via your computer on or after the "Revision Date" set forth at the end of this Agreement. Such Search Applications may include certain web search toolbars (including the Ask.com toolbar), browser or OS plug-ins, taskbars, desktop widgets, new tab/startpage products, search extensions and/or search settings extensions, and may be branded (or co-branded) with APN, APN-affiliate, or third party brands, or bear other brands owned by or licensed to APN.
If you downloaded and installed an APN Search Application prior to the Revision Date, Click Here to find the license agreement applicable to your Search Application based on the date you installed it.
Upon the installation or execution of a Search Application, one or more of the following features may be added/enabled in your Internet browser (which may include both your active browser and any other compatible Internet browser(s) resident on your computer). Features may vary between different browsers and different Search Applications or versions of Search Applications:
In this Agreement "Web Sites" shall refer to the web pages that your query resolves to on the www.ask.com domain, the www.searchbetter.com domain or some other domain owned or controlled by us or some other APN or APN affiliate-operated search service through which we provide the service in connection with the Search Application. "Services" as used herein means the APN search service and other services offered in or through a Search Application.
Search Application: The Search Application may install into your Internet browser or operating system and allows you to search the Internet with the Services, and may provide other features as further described herein or during the Search Application installation process. If you already have a Search Application on your computer, you may be precluded from adding a subsequent Search Application unless the functionalities and/or branding differ. In such cases, we may still make such changes to your settings as you have elected during the offer and install process for such Search Application. Further, in certain cases, the Search Application itself may only comprise settings changes; in other cases, a Search Application may be offered alongside (or before or after) a distinct Search Application. In such cases, each Search Application must be disabled on uninstalled separately.
Installer: Your installation of a Search Application may be facilitated by APN's or an APN partner's installer technology which: (i) downloads the files necessary to install the software; and (ii) scans your computer for specific files and registry settings to ensure compatibility with your operating system and other software installed on your computer. Once the installer technology has been initiated, the installer technology may present you with additional offers from APN partners in addition to the Search Application. More information on our installer technology is available here: http://apnstatic.ask.com/static/offercast/about/privacy.html.
Updater: An updater component ("Updater") may also automatically install alongside a Search Application in order to facilitate updates to the applicable Search Application. If such an Updater is installed, it will uninstall when the applicable Search Application is uninstalled.
Default Search, Address Bar Queries, DNS Errors: With your consent, your Internet browser default search feature will be set to the Service, and you will access such Service (i) by entering queries in your browser chrome search box; (ii) by entering queries in your browser address bar, and/or (iii) in response to misspelled, incorrectly formatted or unresolved DNS submissions in your browser address bar, in each case if and as applicable based on your browser(s) and the specific Search Application version.
Home Page, New Tab Page: During the Search Application download process, you may be given the option to reset your Internet browsers' default homepage (or similar page - e.g., a start page, start tab, etc.) to a Website or some other specified webpage, and/or reset your new tab page (in compatible browsers) to an APN new tab product. If you elect this option, the specified webpage will become your default home page and/or the specified new tab product will appear each time you open a new tab in your Internet browser. The homepage and new tab products are further subject to the policies/terms of service linked to in the footer of such products themselves.
Defense: The Search Application may include functionality to prevent certain accidental or surreptitious changes your homepage, new tab page and/or default search settings by third parties. Such functionality will block and notify you of such attempted changes. The defense functionality will not prevent changes made by APN, its partners or affiliates.
Related Search: The Search Application may include functionality that provides search suggestions and related search suggestions based on all of your web queries and/or the content or URL of the web pages you visit.
THE SEARCH APPLICATION AND THE FEATURES LISTED ABOVE ARE FREE. NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED FOR GENERAL USE OF THE SEARCH APPLICATION. CERTAIN SEARCH APPLICATION FEATURES MAY REQUIRE REGISTRATION AND/OR PAYMENT TO ACCESS THE FULL FUNCTIONALITY OF A FEATURE. THIS PRODUCT IS NOT SPYWARE OR ADWARE.
This Agreement is a legal contract between you and APN, LLC. If you do not understand or agree with any part of the terms outlined in this Agreement, please do not use the Search Application. If you have any questions or concerns regarding what is written here, please let us know by emailing us at searchapp@help.ask.com. Do not use the Search Application until these questions and concerns have been answered to your satisfaction and you agree to abide by the Agreement.
By clicking the “Accept” button (or other similarly designated call to action) or by otherwise downloading, installing or using the Search Application, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all its terms and conditions, just as if you had physically signed it. If you are not yet 18 years of age, please ask your parent or legal guardian to install the Search Application for you. This Agreement applies to the Search Application and all features and functionalities developed by APN. If you are installing a version of the Search Application that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service.
You can easily disable or uninstall the Search Application(s) by following the instructions available here: http://help.ask.com/link/portal/30015/30018/ArticleFolder/11/Ask-com-Browser-Toolbar.
1. License Grant
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, revocable, non-transferable, personal, limited license, to (a) download and install the most current generally available version of the Search Application offered to you, and (b) use such Search Application solely for your personal, non-commercial purposes. Use of the Services is subject to the applicable Website Terms of Service and Privacy Policy (ie. including the Ask.com Terms of Service and Privacy Policy or the SearchBetter.com Terms of Service and Privacy Policy). If you are installing a version of the Search Application that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service. You may find such terms of service via a link displayed within the Search Application itself, or on the website of the relevant feature, function or content provider.
2. License Conditions
You may not rent, sell, lease, sublicense, distribute, market, assign, copy, or in any way transfer the Search Application or this Agreement or use the Search Application for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Search Application, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Search Application in any way. You do not have the right to and may not create derivative works of the Search Application. All modifications or enhancements to the Search Application remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or to use the Search Application at any time, and we may at any time suspend or terminate any license hereunder and disable the Search Application or any of its component features.
3. Updates
We reserve the right to add or remove features or functions to or from the Search Application. When installed on your computer, the Search Application and/or the Updater periodically communicate with our servers to request automatic updates when we release a new version of the Search Application, or when we make new features available.
You agree that APN may automatically download and install updates to the Search Application, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Search Application and may take the form