TABTAB TOOLBAR END USER LICENSE AGREEMENT By downloading, installing or using this software or any portion thereof, including any third party software made available in conjunction with this TabTab Toolbar (the "TabTab Toolbar"), the end user ("you") agrees to be legally bound by this End User License Agreement (this "Agreement"). 1. License Grant Subject to the terms and conditions of this Agreement, TabTab, LLC ("TabTab" or "our" or "we" or "us") grants you a non-exclusive, revocable, limited license to (a) download and install the most current generally available version of the TabTab Toolbar, and (b) use the TabTab Toolbar you download and install solely for your personal, non-commercial purposes. The term TabTab Toolbar includes all updates thereto which we make available to you. If you are interested in commercial use of the TabTab Toolbar, please contact us at http://www.tabtab.com/User/ContactUs.aspx. 2. License Conditions You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the TabTab Toolbar or this Agreement or use the TabTab Toolbar for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the source code of the TabTab Toolbar, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the TabTab Toolbar in any way. You do not have the right to and may not create derivative works of the TabTab Toolbar. All modifications or enhancements to the TabTab Toolbar 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 TabTab Toolbar at any time, and we may at any time suspend or terminate any license hereunder and disable the TabTab Toolbar or any of its component features. We reserve the right to add additional features or functions to the TabTab Toolbar. When installed on your computer, the TabTab Toolbar periodically communicates with our servers. We may require the updating of the TabTab Toolbar on your computer when we release a new version of the TabTab Toolbar, or when we make new features available. Such updates will occur only upon prior notice to you, except for the limited case where notice is not possible due to technical problems or an emergency that requires us to update the TabTab Toolbar in order to maintain existing functionality or to comply with the law. You understand that we may require your review and acceptance of our then-current Privacy Policy, Terms of Service and/or End User License Agreement before you will be permitted to access any subsequent versions of the TabTab Toolbar. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the TabTab Toolbar. You represent and warrant that you are either the owner or an authorized user of the computer where the TabTab Toolbar is installed. 3. Modifications to this Agreement We may make changes to this Agreement from time to time in our sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on http:www/tabtab.com/user/termservice.aspx.Please check this link from time to time for the current version of this Agreement. Your continued use of the TabTab Toolbar following the posting of changes constitutes your acceptance of any such changes. If you do not accept such changes, you must remove the TabTab Toolbar from your computer and cease all access to and use of our services hereunder. Failure to so remove the TabTab Toolbar from your computer or to cease accessing our services will be deemed acceptance of the terms of the most current Agreement. 4. Ownership of Intellectual Property Rights You acknowledge that TabTab or third parties own all rights, title and interest in and to the TabTab Toolbar, portions thereof, or software provided through or in conjunction with the TabTab Toolbar, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the TabTab Toolbar. You also agree to not remove, obscure, or alter TabTab's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the TabTab Toolbar. 5. Operation The Desktop Search Functionality permits you to create an index of the files on your computer hard drive and to search for those files using keywords. The TabTab Toolbar will collect certain Anonymous Information (meaning information that cannot be traced back to a specific individual) such as your Internet Protocol address, whether the indexing of your desktop files was successfully completed or terminated, the number of searches you perform (both Desktop Searches and web searches), and which features of the TabTab Toolbar you use. You may choose not to index all of the files on your desktop or not to index certain types of files. We will also collect Anonymous Information regarding the numbers of installations of the TabTab Toolbar as well as uninstallations. The TabTab Toolbar does not collect any personally identifiable information about you (such as your name, email address, etc.). Further, the TabTab Toolbar does not: (a) collect or report back to us any information about sites you visit on the Internet or the files you choose to index using the Desktop Search Functionality described above; (b) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (c) serve pop-ups or other ads when you are on other websites; or (d) collect or report back to us any data regarding your computer keystrokes or other data unrelated to the services the TabTab Toolbar provides as disclosed to you. However, when you perform a web search query, the TabTab Toolbar will communicate with our servers in order to provide the functions made available by the TabTab Toolbar, such as processing web search queries or requests, to update the TabTab Toolbar, and to verify and update your settings. Your use of the TabTab Toolbar is subject to our Terms of Service and Privacy Policy available on www.tabtab.com (the "Website"). Such Privacy Policy is incorporated herein by this reference. If you do not agree to the terms of the Terms of Service and Privacy Policy, then do not install the TabTab Toolbar. To the extent there is a conflict between this Agreement and the Terms of Service, this Agreement will control, unless the additional conditions expressly state that the Terms of Service will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, the Terms of Service will control. 6. Termination You may terminate this Agreement at any time by uninstalling and destroying all copies of the TabTab Toolbar in your possession or control. We may terminate this Agreement, disable the TabTab Toolbar or cease providing you any service at any time in our sole discretion. You may uninstall or remove the TabTab Toolbar at any time by following the instructions on our website or by using the Windows add/remove programs function to remove the TabTab Toolbar. Upon termination, cancellation, suspension, or expiration of this Agreement for any reason and by either party, you agree to cease all use of the TabTab Toolbar and our services. You shall not thereby be entitled to any refund or credit. Sections 4, 7, II.17., II.18., II.19., and II. 22 of this Agreement will survive any cancellation or termination of this Agreement. 7. Export Controls The TabTab Toolbar and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the TabTab Toolbar, (i) you are deemed to represent and warrant that you are not prohibited from receiving the TabTab Toolbar based on any of the foregoing laws, and (ii) you are deemed to agree that you will otherwise comply with all applicable export control laws. 8. Disclaimer of Warranties TabTab and any third party who makes its software available in conjunction with or through the TabTab Toolbar disclaim any responsibility for any harm resulting from your use of the TabTab Toolbar and/or any third party software accessed in conjunction with or through the TabTab Toolbar. THE TABTAB TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TABTAB TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TABTAB AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TABTAB AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TABTAB TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SOFTWARE AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE TABTAB TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TABTAB TOOLBAR 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 TABTAB TOOLBAR 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 STATE TO STATE AND JURISDICTION TO JURISDICTION. 9. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL TABTAB OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TABTAB TOOLBAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE TABTAB TOOLBAR OR SUCH THIRD PARTY 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 TABTAB AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TABTAB TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TABTAB TOOLBAR, FROM INABILITY TO USE THE TABTAB TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TABTAB TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TABTAB TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TABTAB TOOLBAR (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, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 10. TabTab's Search Service Your use of the TabTab Toolbar is also defined by TabTab's Terms of Service and Privacy Policy. 11. Miscellaneous Provisions This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws provisions of New York or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by TabTab and/or a third party who makes its software available in conjunction with or through the TabTab Toolbar. 12. Miscellaneous In the event that any provision of this agreement is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain valid and applicable. No waiver on the part of TabTab of any provisions of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of TabTab. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.