Last Updated: 05-09-2012
IMINENT SOFTWARE LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING IMINENT, SEARCHTHEWEB (OR STARTWEB) AND THE IMINENT TOOLBAR SOFTWARE (COLLECTIVELY, THE "APPLICATION").
THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") GOVERN YOUR USE OF THE APPLICATION UNLESS YOU AND IMINENT S.A. ("IMINENT" OR "WE") HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE APPLICATION.
Iminent Minibar is IMINENT S.A. proprietary software that facilitates creation and usage of content such as emoticons, winks and fire nudges that can be used in online communications through services including but not limited to AOL Instant Messenger, Yahoo! Messenger, Google Talk, AOL Mail, Gmail and Yahoo! Mail. SearchTheWeb (or StartWeb) is an IMINENT S.A. search feature that allows users to search the internet through IMINENT's search properties. The IMINENT TOOLBAR is IMINENT S.A. proprietary software that provides an internet browser toolbar that allows users to access features including but not limited to games, winks, emoticons, mood avatars, favorite websites, popup blockers and email notifications.
IMINENT S.A. is willing to license the Application to you only upon the condition that you accept all the terms contained in this Agreement. By clicking on the "I accept" button below or by downloading, installing or using the Application, you have indicated that you understand this Agreement and accept all of its terms.
1. Grant of License.
Conditioned upon your compliance with the terms and conditions of this Agreement, IMINENT S.A. grants you a non-exclusive and non-transferable license for a single user to use the executable form of the Application on a single computer owned or controlled by you, solely for your personal, non-commercial purposes, as described herein. IMINENT S.A. reserves all rights in the Application not expressly granted to you in this Agreement.
When you download, install or use any component of the Application to access and use various components thereof, including Iminent Minibar, SearchTheWeb (or StartWeb) and the IMINENT TOOLBAR, you acknowledge and agree that the IMINENT homepage, accessible at search.iminent.com or start.iminent.com, will be your default internet browser homepage as a result of such action. You may specify during installation of the Application that you do not accept the IMINENT homepage as your default homepage, and this default feature will be deactivated. You may also deactivate this default feature.
Other IMINENT software features, i.e. Iminent Minibar, SearchTheWeb (or StartWeb) and the IMINENT TOOLBAR will be set as default features when you install the Application. You may specify during the installation process that you do not accept the IMINENT Toolbar and it will not be installed. The SearchTheWeb (or StartWeb) feature will install automatically during the installation process, but during installation, you may choose to deactivate the SearchTheWeb (or StartWeb) installation. Once SearchTheWeb (or StartWeb) has been deactivated, IMINENT will not reactivate SearchTheWeb (or StartWeb), unless you download new content from IMINENT which contains the SearchTheWeb (or StartWeb) feature; you will be notified during such download of new content that the SearchTheWeb (or StartWeb) feature will be activated upon download.
If you have installed the IMINENT TOOLBAR, a pop-up window will inform you when the installation of software (such as another toolbar, plug-ins, add-ons, etc.) may interfere with or alter the functioning of the IMINENT TOOLBAR. The IMINENT TOOLBAR does not prevent the installation of such software. If you wish to continue using the IMINENT TOOLBAR with all its functionalities, it is your responsibility not to install such software.
We reserve the right to add additional features or functions to the existing Application or components thereof. When installed on your computer, the Application periodically communicates with our servers. We may require the updating of the Application on your computer when we release a new version of the Application, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You are not obligated to use any of the features of the Application, including, but not limited to emoticons and video features.
IMINENT will serve advertisements to you as part of your use of the Application. which declare being fully aware of and agreeing. The display of such advertisements is justified by the free license on the Application that is granted to you. While using the Application, you agree that the display of such advertisements is likely to modify the web pages you are browsing. In that respect the application will not modify the layout of such web pages but solely add advertisements on those pages in the form of banners or totems, depending on the concerned web pages. If ever you consider any advertisement as uninteresting, irrelevant, against your opinion, repetitive or if you simply wish to get rid of it, you are free to suspend the display of such advertisement by clicking the IMINENT logo. If you do not want to receive such advertisements, you may change your settings after installation of the Application to deactivate the serving of advertisements to you. We draw your attention to the fact that these advertisements are not associated with or endorsed by the websites on which they are displayed. IMINENT may modify your default search provider during your use of the Application. If you do not want to have your default search provider modified, you may refuse the modification as part of the Application installation process. IMINENT may also redirect your Web Browser's about:blank and new tabs functionality to the IMINENT search page during your use of the Application.
You agree that, depending on your configuration, IMINENT may install some or all of the following third party applications: Microsoft .NET Framework (which can be uninstalled using "Windows Installer CleanUp", available at http://support.microsoft.com/kb/290301) and Adobe Flash (which can be uninstalled by following the instructions at http://kb2.adobe.com/cps/141/tn_14157.html)
SearchTheWeb (or StartWeb) and the Iminent Minibar can be uninstalled from the "ADD OR REMOVE PROGRAM" dialog box in the Windows Control panel:
Go to ADD/REMOVE PROGRAMS in your control panel
Look for Iminent minibar and click the remove button
If you wish to uninstall the IMINENT Toolbar follow these instructions: For Internet Explorer: Go to "Start", "Settings", "Control Panel". On your Control Panel, select "Programs and Features". Now select "IMinent Toolbar" from the list of currently installed programs. Click "Uninstall" and follow the instructions (N.B.: the Firefox toolbar is not removed when you uninstall the IMINENT Toolbar via Add/Remove Programs). For FireFox: You can hide the IMINENT Toolbar for Firefox by clicking your right mouse button while the cursor is over the IMINENT toolbar, and then selecting IMinent Toolbar. If you prefer to uninstall the IMINENT Toolbar for Firefox and remove it from your computer entirely, go to your Tools in the Firefox menu and select Add-ons. Now select IMinent Toolbar for Firefox and click on the "Uninstall button".
Except as expressly specified in this Agreement, you agree not to do any of the following: (a) copy (except in the course of loading or installing) or modify the Application, including but not limited to adding new features or otherwise making adaptations that alter the functionality of the Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or (c) make the functionality of the Application available to multiple users through any means, including but not limited to by uploading the Application to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Application, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of IMINENT and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
The copies of the Application are licensed, not sold. The Application is protected by the copyright laws of France and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as delivered to you.
The license granted under this Agreement remains in effect for a period of 75 years, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by destroying all copies of the Application in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from IMINENT, if you breach any term of this Agreement. Upon termination, you must at IMINENT's option either promptly uninstall and destroy or return to IMINENT all copies of the Application in your possession or control.
6. NO WARRANTY.
THE APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. IMINENT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMINENT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
7. Limitation of Liability.
IMINENT'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). IN NO EVENT WILL IMINENT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT IMINENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Export Law.
You agree to comply fully with all of France's export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without IMINENT's prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications permitted or required hereunder will be provided to you in one of the following ways: by posting on the IMINENT Site, by email or through Application notifications. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and IMINENT have executed a separate agreement.
10. Contact Information.
If you have any questions regarding this Agreement, you may contact IMINENT at email@example.com.