Instant Writing Resources Tool Bar 3.01

EULA - End User License Agreement

End User License Agreement

Welcome! Thank you for your interest in our software. I'll try and keep this End User License Agreement brief, however I do, by law, have to include specific items so that you and I are protected to a certain degree.

By downloading, installing or using this Software ("Software") or any portion thereof, you agree to the terms and conditions of this End User License Agreement.

THIS IS A LICENSE AGREEMENT BETWEEN YOU AND THE FREELANCE WRITING ORGANIZATION - INT'L. ("FWO-INT'L"). PLEASE READ CAREFULLY AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("TERMS") BEFORE INSTALLING THE SOFTWARE. BY CLICKING THE "YES" BUTTON (OR ANY SIMILAR BUTTON WHICH INDICATE YOUR CONSENT TO THESE TERMS), YOU AGREE TO BE BOUND BY THESE TERMS. YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE EXIT THE INSTALLATION PROCESS AND THE INSTALLATION PROCESS WILL NOT BEGIN. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.

THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOU ARE INSTALLING THE SOFTWARE ("YOU") AND FWO-INT'L, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.

General

FWO-INT'L provides an on-demand writing resource tool bar (the "FWO-INT'L Platform") that enables online and website users (as defined below) access to myriad writing resources and the FWO-INT'L database of writing resources. The FWO-INT'L platform is used worldwide by authors, writers, journalists, poets, playwrights, and any with an interest in writing as a career.

The FWO-INT'L Platform (as defined below) was created using the Conduit Platform [ http://www.conduit.com ], and customized by FWO-INT'L [ http://www.fwointl.com/ ] that has contractually committed to abide by Conduit's strict privacy and safety policies and to protect your rights as a user of this Software.

"Publisher" means an individual or entity that creates a tool bar using the Conduit platform. Such Publisher makes the tool bar available for download on any domain and/or web site owned and/or operated by such Publisher or by a third party licensed by Publisher. The tool bar is used by an internet user, such as You, who downloads and installs the tool bar created by the Publisher.

"Tool bar" means a community tool bar that was created using the Conduit Platform by a Publisher and includes different features and content, including (but not limited to): menus, labels, links, images, tooltips, gadgets, web content, radio, multimedia, detection of content/toolbars, alerts, hosted web pages related to the toolbar, personalized pages, remote software updates, and more.

Uninstall

You may uninstall this Software at any time and with no limitations, using the standard uninstall procedures as offered with your computer's Operating System or your Internet Browser.

Examples:

To uninstall the tool bar from your Internet Explorer do as follows:

- Open your computer's Control Panel
- select "Add or Remove Programs"
- Find "Instant_Writing_Resources Toolbar" in the list of installed applications
- Click on "Instant_Writing_Resources Toolbar"
- Click on the "Change/Remove" button.
- Remove the software.

To uninstall the tool bar from your Firefox browser do as follows:

- Open Firefox and click on the "Tools" menu
- Select "Extensions"
- Find "Instant_Writing_Resources Toolbar" in the list of installed extensions
- Click on it
- Then click on the "Uninstall" button.

To uninstall the tool bar from your Safari browser do as follows

- Open the Finder application and browse to Applications
- In the Applications folder scroll down to Toolbars
- Find "Instant_Writing_Resources Toolbar
- Click on it
- Then double click on uninstall
- A User name Password dialog window will be opened in which you will have to fill the required fields and to accept the software removal operation.

For other examples please refer to the standard uninstall procedures offered with your computer's Operating System or your Internet Browser.

1. LICENSE

This license applies to versions of the Software that are offered on any supported Operating System and integrated in any compatible Internet Browsers including (but not limited to): Internet Explorer, Firefox, Safari and other supported Internet Browsers.

FWO-INT'L hereby grants You a limited personal, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software solely for internal, non-commercial purposes in order to enhance access to writing resources by providing relevant references displayed in Your internet browser and/or desktop and/or other applicable locations.

The terms of this license shall apply to all features of the Software including tool bar content, hosted web pages related to the tool bar, tool bar alerts, and other features as provided by FWO-INT'L.

2. OWNERSHIP

All rights to and in the Software (including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right, shall belong to Conduit. All rights in third party elements or components that were added by the Publisher to the Software using the features available in the tool bar belong to FWO-INT'L or to third-parties as may be applicable.

3. LICENSE RESTRICTIONS

You shall not modify the Software. You may only copy the Software, provided that all copyright and other notices included in the archived compressed file are reproduced and included on the copy. You may not:

(1) decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of 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, and

(3) You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms and/or the Distrbution Agreement. The Software is delivered in object code only and as long as the full set of files and archive remain intact you may use the tool bar according to the Distribution Agreement.

Conduit or FWO-INT'L that provides components contained in the Software, may modify the functionality of the Software or the components at any time without prior notice.

You acknowledge that during installation, the Software may apply changes to your Internet Browser. Such changes can be approved by You in advance and can be reconfigured by You at any time from the options menu available in your tool bar and/or in your Internet Browser. Such changes may include the following:

A. Change the default search engine in Your Internet Browser's built-in search box, if such a search box exists in your browser.

B. Change the default Homepage of your Internet Browser. (This is optional during the installation procedure).

C. Add alternative "page not found" functionality.

D. Allow software updates of the toolbar once a new version is released.

E. Enable search from the Address Bar of your Internet Browser.

4. TERM

These Terms shall remain in effect perpetually, unless terminated earlier pursuant to the provisions herein. You may terminate these Terms at any time by permanently deleting from Your system(s) and/or destroying all copies of Software in Your possession.

FWO-INT'L may terminate these Terms and the license granted pursuant thereto if You breach any of the Terms. Upon termination of these Terms for any reason, You shall permanently delete and/or destroy all copies of the Software. All provisions of these Terms relating to "OWNERSHIP", "LIMITATION OF LIABILITY AND WARRANTY", "PRIVACY AND LEGAL RIGHTS" and "GENERAL" shall survive the termination of these Terms.

5. LIMITATION OF LIABILITY AND WARRANTY

FWO-INT'L AND CONDUIT DO 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.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FWO-INT'L, CONDUIT AND ITS THIRD PARTY LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES, 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 ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

IN NO EVENT WILL FWO-INT'L, CONDUIT OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE), BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF FWO-INT'L AND/OR CONDUIT AND/OR ANY THIRD PARTY DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT FWO-INT'L, CONDUIT, ITS AFFILIATES, DISTRIBUTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE.

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. IF THIS IS THE CASE, THEN ALL LEGAL MATTERS PERTAINING TO THE ABOVE LIMITATIONS WILL BE DETERMINED BY A COURT OF LAW IN TORONTO, ONTARIO, CANADA.

6. PRIVACY AND LEGAL RIGHTS

Protecting Your privacy is very important to FWO-INT'L and CONDUIT. The Instant Writing Resources Tool Bar is constantly monitored to maintain and enforce the FWO-INT'L's and Conduit's Privacy Policies. Conduit contractually prohibits FWO-INT'L from violating the privacy rights of others while utilizing the Instant Writing Resources Tool Bar. You acknowledge that You have read and approved the policies of Conduit posted from time to time at http://www.conduit.com.

Conduit respects the legal rights of others, and the FWO-INT'L does the same. Conduit contractually prohibits FWO-INT'L from using our platform to promote or distribute: illegal materials, materials protected by intellectual property rights, or offensive materials.

Please note that It is your responsibility to download and install software only from Publishers You trust, whether browser add-ons, toolbars or any other software. The FWO-INT'L and Conduit are not responsible for content that is made available, linked or uploaded to the Instant Writing Resources Tool Bar by any third party.

Although all third party links, feeds and material contained within the Instant Writing Resources Tool Bar are carefully screened before being made available to you, the end user, the FWO-INT'L and Conduit in no way whatsoever guarantee that said content is as described by the third parties. If you notice that there is a discrepancy between what is listed and what is displayed please contact us through our Help Desk at http://www.fwointl.com/contact/ttx.cgi

If You believe that Your legal rights have been infringed upon while using the Software, we encourage You to report it to us at Your earliest convenience using the following:

1. Contacting the Freelance Writing Organization - Int'l at http://www.fwointl.com/contact/ttx.cgi and,
2. Visiting the "Legal" section at the Conduit website, at http://www.conduit.com.

As soon as we receive Your notification, we will, at our discretion, examine Your complaint and take the necessary measures to resolve it.

7. GENERAL

These Terms shall be governed by and interpreted under the laws of the State of New York in reference to Conduit and shall be governed by and interpreted under the provincial laws of Ontario in reference to the Freelance Writing Organization - Int'l, without regard to conflicts of provisions.

All actions relating to these Terms and the Software shall be brought in the competent court in the appropriate jurisdiction stated above. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded as the Instant Writing Resource Tool Bar and its components are provided as freeware.

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 these Terms or portion thereof, to be unenforceable, that provision of these Terms shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.

The FWO-INT'L reserves the right, at our discretion, to update or revise these Terms as applicable to the FWO-INT'L. You will be notified of any change in Terms via the Instant Writing Resources Tool Bar Alert Box or any other notification to You of the changes. Your continued use of the Tool Bar following the alert of any changes to the Terms constitutes acceptance of those changes. If you do not agree to the new Terms, your only recourse is to uninstall the FWO-INT'L Platform, delete all files, and destroy all copies of the software. Should you be a distributor of the FWO-INT'L Platform you will also cease all distribution and remove from any distribution sites said platform.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY ITS TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.

BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL, DISTRIBUTE OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.

Last Updated: June, 2009
EOE