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Toolbar And Software License Agreement
Signing the agreement during installation is a mandatory step in order to enjoy RingtoneJunkiez™.


THIS IS A LICENSE AGREEMENT BETWEEN YOU AND RingtoneJunkiez. ("RJ"). READ CAREFULLY AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE INSTALLING RJ'S BROWSER TOOLBAR (THE "SOFTWARE"). YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE ACCEPTED THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, or NOT AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY PLEASE EXIT THE INSTALLATION PROCESS.
Terms of Toolbar:
RingtoneJunkiez provides the service (the "Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.RingtoneJunkiez.com. In addition, when using particular RingtoneJunkiez other services, you and RingtoneJunkiez will be subject to any posted guidelines or rules applicable to such other services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. To use our RingtoneJunkiez service, you must be at least 13 years of age. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RingtoneJunkiez properties, will be subject to the TOS. The Service is provided "AS-IS" and that RJ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
License
RJ grants you the non-exclusive right to use the Software for the purpose of enhancing your Internet surfing experience by being provided with relevant references displayed at the top of your browser. All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to RJ and RJ holds title to each copy of the Software. You shall not modify the Software. You may only copy the Software, provided that all copyright and other notices are reproduced and included on the copy. You may not (1) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, (2) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part. The Software is delivered in object code only. Either RJ, or a third party that provides components contained in the Software, may modify the functionality of the Software at any time. During installation, the Software may change the default search engine in your browser's search box, if such a search box exists in your browser, your home page setting, your new tab settings, and url search settings.
Functionality
Once the Toolbar and ringtone junkies is installed, you will receive the following software features: Ringtone cutter - enables the user to create mp3 files that are taken from longer mp3 files Additional buttons and menus - A user can also access additional content and advertising by clicking any of the buttons and links on the menus/ads which will be available from time to time on the toolbar, offering general content including music, movie trailers, deals of the day, as well as links to other prominent online shopping destinations.

Search the web through our partner Web Search.
Web Search: allows you to search the web through:
A search box in the toolbar.
Default Search (for IE 7 and Firefox and Chrome): Using the search box next to the address bar. Upon installation, we offer you to use our Partner Search as your default search provider in IE7 and Firefox. You can manually choose other search providers by clicking on the drop down button next to the search box. Home page & Tab: Upon installation, we offer you to change your Home Page and Tab to the Search Home Page which is essentially a Web search page. If you do not want to accept this change, you may uncheck the relevant box in the set-up process. RJ may offer you additional advertisements such as shopping comparison and ads on the toolbar.
Term
This License Agreement is effective until terminated. You may terminate this License Agreement by deleting and/or destroying all copies of Software in your possession. RJ may terminate this License Agreement if you breach any of the terms and conditions. Upon termination of this License Agreement for any reason, you shall delete and/or destroy all copies of the Software. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and RJ’s proprietary rights shall survive termination.
Limited Warranty
RJ does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Your exclusive remedy under this limited warranty is the replacement of any defective physical media (if applicable) on which the Software is furnished to you by RJ. This does not apply to media furnished to you from third parties. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
RJ'S SOLE OBLIGATION OR LIABILITY UNDER THIS LICENSE AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL RJ OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE), BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF RJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You hereby agree, at Your expense, to indemnify, defend and hold RJ harmless from and against any loss, cost, damages, liability, expense, arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, skin, bookmarks or other content submitted by You, (b) any fraud or manipulation, or other breach of this Agreement, by You, or (c) any third-party claim, action or allegation brought against RJ arising out of Your use of the Software or Services.
Privacy
You acknowledge that you have read the privacy policy of RJ posted at the RingtoneJunkiez Website, www.RingtoneJunkiez.com.
Content on the Internet:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RJ, are entirely responsible for all Content that you upload, post, email,download or otherwise transmit via the Toolbar. RJ does not control Internet Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will RJ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Toolbar. You acknowledge that RJ does not pre-screen Content. You must evaluate, and bear all risks associated with, the use of any Content, including copy write content and any reliance on the accuracy, completeness, or usefulness of such Content.
Prohibited Uses:
You will not use the Toolbar to:
  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, an RJ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Toolbar;
  5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Toolbar are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Toolbar or servers or networks connected to the Toolbar, or disobey any requirements, procedures, policies or regulations of networks connected to the Toolbar;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, Including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, Including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. "stalk" or otherwise harass another; or
  13. collect or store personal data about other users.

Our Right to Terminate or Modify Toolbar:
RJ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Toolbar (or any part thereof) with or without notice. RJ will not be liable to you or to any third party for any modification, suspension or discontinuance of the Toolbar.
RJ, in its sole discretion, may terminate your account (or any part thereof) or use of the Toolbar, and remove and discard any Content within the Toolbar, for any reason, including, without limitation, for lack of use or if RJ believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
RJ may also in its sole discretion and at any time discontinue providing the Toolbar, or any part thereof, with or without notice. RJ may terminate your access to the Toolbar under any provision of this TOS without prior notice and may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Toolbar. Further, RJ will not be liable to you or any third-party for any termination of your access to the Toolbar.
General:
This License Agreement shall be governed by and interpreted under the laws of the State of Israel, without regard to conflicts of provisions. All actions relating to this License Agreement and the Software shall be brought in the competent court in the State of Israel. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason a court of competent jurisdiction finds any provision of this License Agreement or portion thereof, to be unenforceable, that provision of the License Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND RJ, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.