End User License Agreement

Instafinder End User License Agreement

PLEASE READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT (THIS “ AGREEMENT”) CAREFULLY. THE INSTAFINDER SOFTWARE IS A PRODUCT OWNED BY VISTA INTERACTIVE, A DIVISION OF BROADSPRING, INC. (“ VISTA”) AND/OR ITS LICENSORS. BY DOWNLOADING, INSTALLING AND USING THE INSTAFINDER SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. TO TERMINATE THIS LICENSE AGREEMENT, YOU MUST CEASE ALL USE OF THE KAZAA SOFTWARE AND UNINSTALL THE KAZAA SOFTWARE FROM YOUR COMPUTER BY USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT® WINDOWS® CONTROL PANEL. UNINSTALLING THE KAZAA SOFTWARE FROM YOUR COMPUTER WILL AUTOMATICALLY UNINSTALL THE INSTAFINDER SOFTWARE.

WHAT INSTAFINDER DOES:

When you mistype a URL or type a URL that does not function, the Instafinder Software will redirect your Internet browser to either (i) www.instafinder.com (the “Site”), a search page operated by Vista, where the Instafinder Software will provide website suggestions from Vista’s advertising partners based on the misspelled or nonfunctional URL, or (ii) to a website from a Vista search partner or advertiser based on the misspelled or nonfunctional URL. Redirecting your Internet browser as described in this paragraph is referred to in this Agreement as the “Instafinder Functionality.”

LICENSES AND PERMISSIONS:

A. Vista grants you a non-exclusive, limited license, pursuant to the terms and conditions herein, to download, install and use the most current version of the Instafinder Software for personal, non- commercial purposes.

B. By installing the Instafinder Software, you agree to allow the Instafinder Software, while it is installed on your computer to perform the Instafinder Functionality.

IT IS STRICTLY PROHIBITED TO:

A. Modify or allow others to modify the Instafinder Software in part or in its entirety.

B. Decompile, disassemble, reverse engineer, or allow others to decompile, disassemble or reverse engineer the Instafinder Software.

C. Rent, lend, assign, lease or transfer rights to the Instafinder Software.

SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISTA MAY SEEK.

WARRANTY DISCLAIMER:

YOU AGREE THAT YOUR USE OF THE INSTAFINDER SOFTWARE OR THE SITE IS AT YOUR OWN RISK. THE INSTAFINDER SOFTWARE IS PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. VISTA EXPLICITLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITE AND/OR THE SITES THAT LINK TO OR FROM THE INSTAFINDER SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. VISTA MAKES NO WARRANTY THAT THE INSTAFINDER SOFTWARE OR THE SITE IS FREE OF DEFECTS OR ERRORS, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE RELIABLE.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL VISTA, ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES, OR ANY OF THE CREATORS OF THE INSTAFINDER SOFTWARE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE INSTAFINDER SOFTWARE OR THE SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF VISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

The entire risk as to the results and performance of the Instafinder Software or the Site is borne by the user.

PROPERTY:

The "Instafinder" trademark is the sole property of Vista and is protected by United States and international trademark and intellectual property laws. Use of the “Instafinder” trademark is strictly forbidden without the express written permission of Vista. You hereby acknowledge and agree the Vista and its licensors are the sole owners of all right title and interest in and to the Instafinder Software and the Site.

GENERAL:

Vista reserves all rights not expressly granted herein. Vista may modify this Agreement at any time by posting the revised Agreement at www.instafinder.com. Your continued use of the Instafinder Software and/or the Site shall constitute your acceptance of such revised Agreement. You may not assign any rights granted to you hereunder. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in the County of Orange, California and you irrevocably consent to the personal jurisdiction and venue of such courts. If any provision or provisions of this Agreement 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. Vista may assign its rights and duties under this Agreement to any party at any time without notice to you. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the Instafinder Software.