PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY. ONCE INSTALLED, THE EGAMES TOOLBAR (the "Toolbar") WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE THE MICROSOFT INTERNET EXPLORER AND/OR MOZILLA FIREFOX BROWSER PROGRAMS. BEFORE YOU CAN USE THE TOOLBAR, HOWEVER, YOU MUST ACCEPT THE FOLLOWING AGREEMENT (the "Agreement").



eGames reserves the right to update and change, from time to time, this License Agreement and all documents incorporated by reference. You can always find the most recent version of this Software License at http://www.egames.com/gamebar/eGamesToolbarSetup.exe. eGames may change this Software License by posting a new version without notice to you. Use of the eGames Toolbar after such change constitutes acceptance of such changes.



If you agree to the following Agreement between you (the user) and eGames, Inc. ("eGames"), you will be granted the following limited rights to install and use the Toolbar:



A. You may use the Toolbar for personal use, on a single computer per legitimate copy which you download from eGames or Visicom Media Inc. ("Visicom"). If you wish to use the Toolbar for commercial use or if you wish to redistribute the Toolbar to others, you must obtain the prior express written authorization of eGames and Visicom;



B. You may not otherwise reproduce, distribute, transmit, print or transfer information related to Toolbar.



EVEN IF YOU ACCEPT THIS AGREEMENT, IT IS STRICTLY PROHIBITED TO:



A. Modify the Toolbar in part or in its entirety;



B. Decompile or reverse engineer the Toolbar.



SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO USE THE TOOLBAR WILL BE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH LICENSOR OR THIRD PARTY LICENSORS MAY SEEK. THE USER MAY CANCEL HIS LICENSE TO USE THE TOOLBAR BY UNINSTALLING AND DESTROYING OR ERASING ALL COPIES OF THE TOOLBAR UNDER HIS CONTROL.



INTELLECTUAL PROPERTY:



There are software programs contained within the Toolbar that have been licensed to eGames by Visicom. The term "Toolbar" as used herein shall refer to such third party software except where the term Toolbar refers expressly to the ownership or other specific rights of eGames. The same terms and conditions, including all limitations, exclusions of warranties and restrictions set forth in this license Agreement apply to each third party software program contained in the Toolbar, including all programs licensed by eGames.



This Toolbar, including its code, documentation, appearance, structure, and organization is an exclusive product of eGames and/or Visicom, which retain all intellectual property rights concerning the Toolbar, its copies, modifications, or merged parts, including any copyrights and invention rights.



PRIVACY NOTICE:



BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR WILL MODIFY THE SETTINGS OF YOUR BROWSER CONCERNING "DNS ERROR", "ERROR 404" PAGES, DEFAULT SETTING FOR SEARCH PROVIDER AND DEFAULT SETTING FOR NEW TAB WELCOME PAGE. FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO VISICOM TO HELP EGAMES COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR BY USERS. For example, information communicated may include the number of installations and unique users, the number of clicks which the Toolbar receives, the number of searches performed by users, etc. Such statistical information will not include any personally identifiable information regarding users.



DISCLAIMER OF WARRANTIES:



eGames and Visicom disclaim any responsibility for any harm resulting from your use of the eGames Toolbar and/or any third party software accessed in conjunction with or through the eGames Toolbar. THE EGAMES TOOLBAR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EGAMES TOOLBAR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. EGAMES 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. EGAMES AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EGAMES TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF EGAMES TOOLBAR AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE EGAMES TOOLBAR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE EGAMES 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 EGAMES TOOLBAR AND SUCH THIRD PARTY SOFTWARE. LIMITATION OF LIABILITY:



IN NO EVENT SHALL EGAMES, VISICOM, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE EGAMES TOOLBAR BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS INCURRED BY THE USER AND ARISING OUT OF THE USE OR INABILITY TO USE THE EGAMES TOOLBAR, EVEN IF EGAMES OR VISICOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER EGAMES NORVISICOM SHALL HAVE ANY LIABILITY WHATSOEVER CONCERNING EGAMES’ OR VISICOM’s USE OF ANY INFORMATION CONCERNING USERS OF THE EGAMES TOOLBAR.



GOVERNING LAW AND FORUM:



This License Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to the conflict of laws provisions of Pennsylvania or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this License Agreement to be unenforceable, the remainder of this License Agreement will continue in full force and effect.