ConnectionPlus End User License Agreement
Thank you for selecting to download the ConnectionPlus toolbar. This software license agreement together with CGBG's Privacy Statement provided to you on our Website is a legal agreement between you and CGBG. It gives you certain rights and responsibilities as more fully described below.
By clicking I
AGREE, and/or by downloading, installing or using the software including any updates,
revisions, patches or other modifications made to ConnectionPlus and any third
party software made available in conjunction with ConnectionPlus software, you
indicate that you have read, understood and agree to be bound by the terms of
this Agreement. If you do not agree to the terms of this Agreement, you are
not granted any rights whatsoever to the Software and you will not be able to
access or use the Software. ConnectionPlus is defined as the system of
toolbars, portals, online shopping malls and other applications employed to
deliver the user experience consistent with the Permitted Uses and Restrictions
provided below.
CGBG reserves the right to update and change, from time to
time, this EULA and all documents incorporated by reference herein. You can find the most recent version of this EULA on our Website. CGBG may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes.
.License
and Intellectual Property.
Under this
Agreement, we grant you a limited, personal, non-transferable, non-exclusive
license, without the right to sublicense, (the 'License') to install and use
the current version of the Software, free of charge. Your use of the Software
must be for non-commercial purposes and you must be 18 years of age or over.
You agree that the
Software is licensed and not sold to you, and that the Software is owned by us,
our affiliates, suppliers or licensors, including all intellectual property
rights in the Software including, without limitation, all patents, copyrights,
trademarks, trade secrets or other proprietary rights.
To the maximum
extent permitted by applicable law, you may not modify, translate, reverse
engineer, decompile or otherwise disassemble the Software in any way. You may
not create derivatives of the Software, and you agree not to attempt, or allow
others to attempt, to reverse engineer or modify the Software. Any
modifications, enhancements and derivative works of the Software shall remain
our sole and exclusive property. You further agree not to access or attempt to
access the Software by any means other than the interface we provide to you.
When installed on
your computer, the Software periodically communicates with our servers. You
will be notified if there is an update and be redirected to our page to
download the updated software. Notwithstanding the above, we have no obligation
to make available to you any subsequent versions or new features of the
Software.
You agree not to
remove or alter our or any third party's trademark, logo, copyright or other
proprietary notice, legend, symbol or label in the Software.
Your
Obligations.
You represent and
warrant that you are the owner of the computer onto which you have downloaded
and installed the Software, or the owner of the computer has authorized you to
do so. You agree not to use the Software to conduct any business or activity
or solicit the performance of any illegal activity. You agree to abide by
United States copyright law and all other applicable laws of the United States
and other nations and by any applicable international treaties in connection
with the Software. You acknowledge that you have read our privacy policy posted on our Website.
Permitted Uses and
Restrictions
By agreeing to this EULA, your
permitted uses and restrictions with respect to ConnectionPlus are as follows:
- Generally:
You may use ConnectionPlus to enhance your Internet experience by being
provided with relevant content displayed in your browser.
- eCommerce:
When visiting a participating merchant's website (via direct type-in, clicking
on Paid Per Click ads or an organic search result) with which CGBG has a
business relationship, the Software will prompt you to "click yes" to
financially support your chosen organization on an opt-in basis. If you
decide not to opt in, you will not be entitled to financially support your
chosen organization in connection with your transactions during this visit
to the merchant. If the cookie is automatically placed on your computer by
an affiliate network, or if you opt-in as set forth above, then the cause
or organization which you are financially supporting will be entitled to a
"give back" upon the successful completion of a sales transaction on a
commissionable item. Please note, however, if the transaction was
initiated with another referral partner, that referral partner would gain
the commission from being associated with a participating merchant.
- Enhanced
eCommerce Experience: When selecting a merchant's website (via direct
type-in, clicking on some Paid Per Click ads or an organic search result )
with which CGBG does not have a business relationship, the Software will
sometimes prompt you (1) You may wish to consider ConnectionPlus shopping
partners as alternative choices which will financially support your
organization (2) it will give you the option to select a merchant with
which CGBG has a business relationship. Selecting a merchant from the
alternate list is an opt- in to 'giving back' to your chosen organization.
- Updates.
When installed on your computer, the Software periodically communicates
with our servers. We may update the Software on your computer when a new
version is released or when new features are added. These updates may
occur automatically. We also reserve the right to add features or
functions to the Software.
Restrictions:
You may not:
- use the
ConnectionPlus in any manner that could damage, disable, overburden or
impair our services (e.g., you may not use ConnectionPlus in an automated
manner) or in any way to transmit, directly or indirectly, any unsolicited
bulk communications;
- decompile,
reverse engineer, disassemble, modify, adapt, translate, rent, lease,
loan, distribute or create derivative works or improvements from
ConnectionPlus or any portion thereof; or
- use
ConnectionPlus in any unlawful manner, for any unlawful purpose, or in
any manner inconsistent with this EULA, including without limitation
engaging in any click fraud or other similar conduct to fraudulently earn
commissions,, etc. via ConnectionPlus
If you
violate these restrictions or other terms of use, we reserve the right
terminate your right to use the ConnectionPlus at any time and to pursue any
legal remedy against you available to us.
Disclaimer of
Warranty.
You understand and
agree that use of the software is at your own risk. None of us, our Affiliates,
Licensors or Suppliers shall have any liability to you or any third party for the
software, including any liability for
negligence. We provide the software on an 'AS IS' basis without warranty of
any kind, either expressed, implied or statutory, including but not limited to
the implied warranties of merchantability, fitness for a particular purpose,
accuracy or non-infringement. This disclaimer of warranty constitutes an
essential part of this agreement. We make no warranty that (i) The software is
accurate and error-free; (ii) The results that may be obtained from the use of
the software will be reliable; or (iii) Any errors in the software will be
corrected. You understand and agree that your download or use of the software
is at your own discretion and risk and that you will be solely responsible for
any damages to your computer system or loss of data that results from the
download or use of the software.
Some states or
other jurisdictions do not allow the exclusion of implied warranties, and so
some of the above exclusions may not apply to you. You may also have other
rights that vary from jurisdiction to jurisdiction.
Limitation of
Liability
Under no
circumstances shall we, our employees, Distributors, Suppliers, Advertisers,
Directors, Stockholders or Agents (collectively "Protected Parties") be
liable to any user on account of that user's misuse of the software. Such
limitation of liability shall apply to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary, and punitive damages whether
such claim is based on warranty, contract, tort(including negligence), or
otherwise, (even if we or any Protected Parties have been advised of such
damages). Such limitation of liability shall apply whether the damages arise
from the use or misuse of and reliance on the software, from inability to use
the software, or from the interruption, suspension, or termination of the
software (including such damages incurred by third parties). Such limitation
shall apply notwithstanding a failure of essential purpose of any limited
remedy and to the fullest extent permitted by law.
Some states or
other jurisdictions do not allow the exclusion or limitation of liability for
incidental or consequential damages, and so some of the above limitations and
exclusions may not apply to you.
Export Controls.
The software
includes cryptographic elements that may be subject to export controls
including the U.S. Export Administration Act. The Software or any underlying
technology may not be exported or re-exported to any country, person, foreign
entity or any 'foreign person' to the extent such export is prohibited under
applicable United States laws and regulations or any other applicable laws and
regulations. By downloading, installing or using the Software, you are
acknowledging and agreeing to these limitations on your right to export or
re-export the Software, and are also representing and warranting that you are
not on any applicable government's list of export-precluded parties or
otherwise ineligible to receive software containing cryptography that is
subject to applicable export controls.
Termination.
You understand we
may, in our sole discretion, modify, discontinue or suspend your right to
access the Software at any time. If we do, we may, in our sole discretion,
uninstall the Software from your computer. You may terminate this Agreement at
any time by uninstalling the Software using the Add/Remove Program functions (or
equivalent functions) of your operating system and destroying all copies of the
Software in your possession or control. The License will terminate
automatically if you fail to comply with the limitations and obligations
described herein. On termination, you must destroy all whole and partial copies
of the Software. The Disclaimer of Warranty, Limitation of Liability,
Governing Law, and Arbitration sections of this Agreement will survive
termination.
Governing Law.
The laws of Florida
will govern this agreement without giving effect to the principles of conflict
of law.
Arbitration.
Any claim or
controversy arising out of or related to this Agreement or the Software shall
be settled by binding arbitration in accordance with the then-current rules of
the American Arbitration Association. Any such claim or controversy shall be
arbitrated on an individual basis and shall not be consolidated with a claim of
any other party, except that the foregoing shall not preclude us from seeking
any injunctive relief for protection of our intellectual property rights.
General.
By installing the
ConnectionPlusToolbar and logging into your account, you give ConnectionPlus
permission to direct your visits to merchant partners, as found in the online
shopping mall, by way of ConnectionPlus and, if
you are not logged in as a member, to request that you login to ConnectionPlus
before proceeding to the merchant's Web site in order to financially support
your chosen organization while you shop.
Further
Information.
This Agreement, as
modified from time to time as described above, sets forth the entire understanding
and agreement between you and Licensor with respect to the subject matter
hereof. If any provision or provisions hereof shall be held to be invalid,
illegal, or unenforceable, the validity, legality, and enforceability of the
remaining provisions shall not be in any way affected or impaired thereby.
Licensor shall not be liable for any delay or failure in performance under this
Agreement or interruption of service resulting from acts of God, civil or
military authority, war, labor disputes, materials provided by third parties,
or any cause beyond the reasonable control of Licensor. You may not assign this
Agreement, or any rights or obligations hereunder, without our prior, written
consent
Copyright 2011 CGBG
