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DesperadosFan Toolbar Terms of Use

Thank you for using the DesperadosFan Toolbar for Microsoft Internet Explorer! By using this Toolbar, ("DesperadosFan Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Personal Use Only.  DesperadosFan Toolbar is made available to you for your personal, non-commercial use only (at home or at work).  You may not modify, copy, publish, license, create derivative works from or sell any information or software associated with DesperadosFan Toolbar, without first obtaining written permission from DesperadosFan by contacting Techsupport@AFLFan.net. Furthermore, you may not use DesperadosFan Toolbar in any manner that could disable, impair, damage, or overburden DesperadosFan's Internet services (e.g., you may not use the DesperadosFan Toolbar in an automated manner), nor may you use DesperadosFan Toolbar in any manner that could interfere with any other party's use and enjoyment of DesperadosFan's Internet services.  

Third Party Sites.  DesperadosFan Toolbar may produce automated search results or otherwise link you to other sites on the Internet.  These sites may contain information or material that some people may find inappropriate or offensive.  These other sites are not under the control of the DesperadosFan Toolbar and you acknowledge that DesperadosFan is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by DesperadosFan or any association with its operators.

If you have comments on DesperadosFan Toolbar or ideas on how to improve it, please e-mail TechSupport@DesperadosFan.  Please note that by doing so, you also grant DesperadosFan and third parties permission to use and incorporate your ideas or comments into DesperadosFan Toolbar (or third party software) without further compensation.

Intellectual Property.  You acknowledge that DesperadosFan or third parties own all right, title and interest in and to the DesperadosFan Toolbar, portions thereof, or software provided through or in conjunction with the DesperadosFan 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, and 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 DesperadosFan Toolbar.  You also agree to not remove, obscure, or alter DesperadosFan'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 DesperadosFan Toolbar.

Disclaimer of Warranties.  DesperadosFan and any third party who make its software available in conjunction with or through the DesperadosFan Toolbar disclaim any responsibility for any harm resulting from your use of the DesperadosFan Toolbar and/or any third party software accessed in conjunction with or through the DesperadosFan Toolbar.

THE DesperadosFan Toolbar AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DesperadosFan Toolbar ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DesperadosFan 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.  DesperadosFan AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DesperadosFan Toolbar DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF DesperadosFan Toolbar AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE DesperadosFan Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DesperadosFan 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 DesperadosFan 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.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL DesperadosFan OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DesperadosFan Toolbar BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF DesperadosFan 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 DesperadosFan 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 DesperadosFan Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DesperadosFan Toolbar, FROM INABILITY TO USE DesperadosFan Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DesperadosFan Toolbar, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF DesperadosFan Toolbar AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DesperadosFan 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.

DesperadosFan's Internet Service.  DesperadosFan Toolbar has been designed to be used in conjunction with DesperadosFan's Internet services.  Accordingly, DesperadosFan’s Terms of Service and Privacy Policy also define your use of DesperadosFan Toolbar.

Miscellaneous Provisions.  These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence.  If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by DesperadosFan and/or a third party who make its software available in conjunction with or through the DesperadosFan Toolbar.

©2007 DesperadosFan



8-20-2004

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System Requirements:
Microsoft Windows 98/ME/NT/2000/XP
Microsoft Internet Explorer 5.5 or later

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