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END USER LICENSE AGREEMENT
																
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY.  BY SELECTING "I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS ABOVE" DURING THE DOWNLOAD OF THE CONSUMERCONFIDENCE TOOLBAR (THE "TOOLBAR"), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CHECK THE BOX TO INDICATE THAT YOU ACCEPT THE TERMS OF THIS LICENSE AND DO NOT DOWNLOAD OR USE THE TOOLBAR AND, AS A RESULT, YOU WILL NOT HAVE A LICENSE TO USE ANY PART OF THE TOOLBAR.  

PCSECURITYSHIELD (THE "COMPANY") MAY AMEND OR REVISE THE TERMS AND CONDITIONS OF THIS LICENSE AT ANY TIME BY POSTING A NEW VERSION OF THIS LICENSE ON ITS WEB SITE, CURRENTLY LOCATED AT HTTP://WWW.CONSUMERCONFIDENCE.NET (THE "SITE").  BY DOWNLOADING AND THROUGH YOUR USE OF THE TOOLBAR, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS IN EFFECT FROM TIME TO TIME.  PLEASE VISIT THE SITE AND REVIEW THE TERMS OF THIS LICENSE REGULARLY.  YOUR CONTINUED ACCESS AND USE OF THE TOOLBAR FOLLOWING THE POSTING OF ANY SUCH CHANGES SHALL AUTOMATICALLY BE DEEMED YOUR ACCEPTANCE OF THE THEN-CURRENT TERMS OF USE.

Company Owns the Software. The Toolbar (including any third party software made available through or in connection with the Site or the Toolbar), content, documentation and any fonts accompanying this License regardless of media or form (collectively, the "Software"), are licensed, not sold, to you by the Company for use only under the terms of this License, and the Company reserves all rights not expressly granted to you.  The rights granted by this License are limited to the Company's and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights.  You own the media on which the Software is downloaded, but the Company and/or the Company's licensors retain ownership of the Software itself.  The terms of this License will govern any software upgrades provided by the Company that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the Company.  Such content may be protected by copyright or other intellectual property laws and treaties.  This License does not grant you any rights to use such content.  

License.  
You shall only use the Software only as authorized in this License.  This License allows you to install and use one copy of the Software on a single computer owned and used by you.  A valid license must be purchased (or otherwise validly obtained if no purchase is necessary) for each computer on which the Software is installed.  You may use the Software on a royalty-free basis to view content provided through your use of the Toolbar; however, the content is provided as part of the Software bundle and you are prohibited from commercially using or otherwise distributing such content on a standalone basis.  

The Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.  This License does not allow the Software to exist on more than one computer at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time.  You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.  Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof.   You shall use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. 
The Company reserves all rights that are not expressly granted to you by this License.

Transfer.  
You may not rent, lease, lend or sublicense the Software.  You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party, provided that:  (1) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License, (2) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device, and (3) the party receiving the Software reads and agrees to accept the terms and conditions of this License.  All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.  Any transfer of the Software terminates your License and all associated benefits under this License.  Any other copies of the Software you have once you have transferred your license rights must be deleted and/or destroyed.  

If the Company makes an update to the Software available prior to releasing a future, paid-for version of the Software, you may obtain the update free of charge until such paid for version is available.  Please note that if you obtain the update, or any other update to the Software that completely replaces the previous version, you are still limited to having the Software on no more than one computer at any given time.  

Consent to Use of Data.  You agree that the Company and its affiliates may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software.  The Company may use this information, as long as it is in a form that does not personally identify you, to improve the Company’s products or to provide services or technologies to you.

Term.  This License is effective until terminated.  You may terminate the license, at any time, by removing the Software from your computer and destroying the original Software.  This License will automatically terminate without notice from the Company if you breach any of the terms or conditions of this License.  Upon termination of this License for any reason, you shall immediately cease all use of the Software, remove the Software from your computer, and either destroy the original Software and all copies of the Software or return the Software to the Company.   

DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND THE COMPANY’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  THE COMPANY AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS LICENSORS, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.   SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.    YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.  

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

IN NO EVENT SHALL THE COMPANY’S OR ITS LICENSORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY SO, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Any claim under these Terms and Conditions must be brought within one year after the cause of action arises, or such claim or cause of action is barred.  No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

Export Control.  You may not use or otherwise export or re-export the Software except as authorized by United States (U.S.) law and the laws of the jurisdiction in which the Software was obtained.  In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  By using the Software, you represent and warrant that you are not located in any such country or on any such list.  You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Government End Users.  The Software and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.  Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Unpublished-rights reserved under the copyright laws of the U.S.

Controlling Law and Jurisdiction and Venue.  This License will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Palm Beach County, Florida, and waive any objection to such jurisdiction or venue. 

Miscellaneous.  If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.  This License constitutes the entire agreement between you and the Company with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.  We will not accept any counter-offers to this License, and all such offers are hereby categorically rejected.  Our failure to insist on or enforce strict performance of this License shall not be construed as a waiver by us of any provision or any right we have to enforce this License. No amendment to or modification of this License will be binding unless in writing and signed by the Company.  The headings contained in this License are for convenience of reference only, are not to be considered a part of this License, and shall not limit or otherwise affect in any way the meaning or interpretation of this License.  If the Company takes any legal action against you as a result of your violation of this License, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action (including any incurred at the appellate level), in addition to any other relief granted to the Company.  You agree that the Company will not be liable to you or to any third party for termination of your license to the Software as a result of any violation of this License.

Updated September 4th, 2008
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