IE PLUGIN LIMITED LICENSE AND PRIVACY AGREEMENT

UPDATED AS OF JUNE 12, 2003

CAREFULLY READ THE FOLLOWING LICENSE AND PRIVACY AGREEMENT.

YOU SHOULD READ THESE TERMS CAREFULLY.  IF YOU DECIDE TO DOWNLOAD OR INSTALL, REGISTER FOR, OR USE THE IE PLUGIN SERVICE AND/OR SOFTWARE, YOU MUST CLICK ON THE “YES” BUTTON.  BY CLICKING THE “YES” YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT AS THOUGH YOU SIGNED A WRITTEN COPY OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “YES” BUTTON AND DO NOT USE IE PLUGIN SERVICE AND/OR SOFTWARE.

THIS LICENCE AND PRIVACY AGREEMENT ALSO STATES HOW WE MAY USE YOUR PERSONAL INFORMATION.  THESE TERMS STATE THAT BY USING THE IE PLUGIN SERVICE AND/OR SOFTWARE, WE WILL GATHER AND USE YOUR PERSONAL INFORMATION  IN ACCORDANCE WITH THESE TERMS.

This agreement is subject to following terms and conditions.

1.  LICENSE GRANT.  "You" means the person or company who is being licensed to use the Software and/or Service, and includes any person who that person or company permits to use the Software or the Service in accordance with these terms.  "We", "us", "IEPL" means IE PLUGIN LIMITED, an IBC incorporated in Belize.  "Software" means software owned by IEPL and selected third party software, including any upgrades, modified versions, updates, additions and copies of the Software.  “Service” means the service that we provide to you through your use of the Software.

We hereby grant you a non-exclusive, non-transferable, limited license to use one copy of the Software on the computer which this agreement was accepted, solely in relation to our supply of the Service.  The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.

You grant to us the right, exercisable by us until you uninstall the Software or this agreement is otherwise terminated, to provide to you the Service of downloading and causing to be displayed advertising material on your computer, through ‘pop-up’ or other display while you use your browser.  You acknowledge and agree that installation of the Software may automatically modify toolbars and other settings of your browser.  By installing the Software you agree to such modifications.

This agreement takes effect upon your use of the Software and remains effective until terminated.  You may terminate it at any time by uninstalling the Software, deleting any copy.  You also agree on termination of this license to uninstall the Software, deleting any copy.

You may uninstall the Software by following the instructions available on IEPL's web site http://www.ieplugin.com/uninstall2.html.

2.  MINORS AND CHILDREN.  If you are thirteen years old or younger, you are prohibited from downloading, registering, or using the Service.  If laws in your country prohibit you from entering into a valid and enforceable agreement with us because of your age – in many countries, because you are under eighteen years of age - you are prohibited from downloading, registering, or using the Service.

BY USING THE SERVICE, YOU WARRANT TO IEPL THAT YOU ARE ABOVE THE AGE OF THIRTEEN AND ENTITLED TO ENTER INTO A VALID AND ENFORCEABLE AGREEMENT WITH US.

In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience.  Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.

3.  CONSENT TO THIRD PARTY USE.  You agree that it is your sole responsibility to inform all users of computer that you have caused the Software to reside on your computer and that you will obtain their consent to this agreement before allowing them to use the computer to connect to the internet.

4.  TITLE.  This license is not a sale.  We remain the owner of all right, title and interest in the Software.

5.  THINGS YOU MAY NOT DO.  United States and other national copyright laws and international treaties protect the Software.  You must treat the Software like any other copyrighted material--for example a book.  You may not:

-- copy the Software in any form,

-- modify or adapt the Software or merge it into another program,

-- reverse engineer, disassemble, de-compile or make any attempt to discover the source code of this Software,

-- place the Software onto a server so that it is accessible via a public network such as the Internet, or

-- sublicense, rent, lease or lend any portion of the Software or Documentation;

-- make or keep a back up copies of this Software.

Copyright or other laws in your country may give you limited rights to do some of the things referred to above.  Where copyright or other laws in your country give you such rights in relation to our licence to you of the Software and these rights cannot be excluded, modified or limited by contract, you may exercise those rights, but to the extent that these rights may be excluded, modified or limited by agreement between you and us, those rights are so limited, modified or excluded by these terms of this Agreement.

6.  UPDATES.  You grant IEPL permission to add/remove features and/or functions to the Software and/or Service, or to install new applications, at any time, in IEPL’s sole discretion with or without your knowledge and/or interaction.  You also grant IEPL permission to make any changes to the Software and/or Service provided at any time.

7.  SERVER INTERACTION.  You understand and accept that when the Software is installed, it periodically communicates with server(s) operated by IEPL and/or third party servers.

8.  COLLECTION AND USE OF YOUR PERSONAL INFORMATION AND YOUR PRIVACY CONSENT.  You understand and grant IEPL permission to assign a unique software identify code to your copy of the Software.  You also grant IEPL permission to collect and store information of your internet usage habit, including but not limited to information about every web page you view with the full Uniform Resource Locators, and the content of web page.  You understand and accept that Uniform Resource Locators and the content of web pages you view may include your personally identifiable information.  You grant IEPL permission to collect and store information on which toolbar buttons you click on, your response to advertising, the search terms you entered on the toolbar and/or all other information relates to your internet usage habit.  IEPL may at times ask you for your personally identifiable information, such as name, address, email address, postal/zip code, and telephone number.  You hereby grant IEPL permission to store such information in a separate database.  You hereby grant IEPL permission to distribute your non personally identifiable information, to the extent permitted by law, to our partners, agents, and/or any third party in IEPL's sole discretion.  IEPL does not currently enable users to access, review, edit, or delete information, including internet usage information, collected during use of the Service.  By using the IEPL Software and/or Service you agree, to the extent permitted by law, to waive any constitutional, common law, statutory, or regulatory right of access to such information that you might otherwise have or acquire. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us by e-mailing us at [email-masked].

8.1.  THIRD PARTY ADVERTISING AND COOKIES.  We work with MaxWorldWide and other third party advertising companies to serve advertisements when you visit our web sites and use the Service. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites and use of the Service, in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. In the course of serving advertisements, our third-party advertiser may place or recognize a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please go to http://www.networkadvertising.org/optout_nonppii.asp.

9.   IMPORTANT EXCLUSION OF RIGHTS AND REMEDIES AND LIMITATION OF WARRANTY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF SOFTWARE AND/OR SERVICE IS AT YOUR OWN RISK.  IEPL PROVIDES THE SOFTWARE ON AN "AS IS" AND "WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE KNOW OR HAD REASON TO KNOW OF YOUR PARTICULAR NEEDS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IEPL BE LIABLE TO ANYONE FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK FOR THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.

NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR OF OURS IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES.

IF ANY LAW GIVE YOU RIGHTS OR REMEDIES IN RELATION TO THIS AGREEMENT OR OTHERWISE IN RELATION TO SUPPLY OF THE SOFTWARE AND THOSE RIGHTS OR REMEDIES CANNOT BE EXCLUDED, MODIFIED OR LIMITED BY CONTRACT, YOU MAY EXERCISE THOSE RIGHTS AND REMEDIES AND THEY ARE NOT EXCLUDED, MODIFIED OR LIMITED BY THESE TERMS.  HOWEVER, TO THE EXTENT THAT ANY RIGHTS OR REMEDIES CONFERRED ON YOU BY ANY LAW MAY BE EXCLUDED, MODIFIED OR LIMITED BY AGREEMENT BETWEEN YOU AND US, THOSE RIGHTS ARE SO LIMITED, MODIFIED OR EXCLUDED BY THIS AGREEMENT.  THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT AND TERMS RELATING TO OUR USE OF PERSONAL INFORMATION MAY NOT APPLY TO YOU IF ANY LAW GIVES YOU RIGHTS OR REMEDIES THAT CANNOT BE EXCLUDED, MODIFIED OR LIMITED.

10.  LIMITATION OF LIABILITY.   IEPL'S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED ONE HUNDRED BELIZE DOLLARS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY RELEASE INDEMNIFY IEPL, IEPL'S EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, PARTNERS, ADVERTISERS, BOARD OF DIRECTORS, FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION BOTH KNOWN AND UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE AND/OR IEPL. THE RIGHTS GRANTED HEREIN ARE PERPETUAL AND WORLDWIDE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF OUR LIMITATION OF LIABILITY SHALL BE HELD INEFFECTIVE OR TO HAVE FAILED ITS ESSENTIAL PURPOSE, OUR TOTAL LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL TO THE EXTENT PERMITTED BY APPLICABLE LAW NOT EXCEED ONE HUNDRED BELIZE DOLLARS OR THE LICENSE FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE LICENSED HEREUNDER, WHICHEVER IS GREATER.

11.  SOFTWARE IS TRADE SECRET.  The Software contains trade secret, commercial-in-confidence and proprietary know-how that belong to us and it is made available to you in strict confidence.  Any use or disclosure of the software, or of the software, or of its algorithms, protocols or interfaces, other than in strict accordance with this Agreement, may be actionable as a violation of our trade secret and confidential information rights.

12.  ARBITRATION.  To the extent permitted by applicable law, you agree that any claim or controversy arising out of or related to this Agreement, or the products or services we provide and/or distribute, shall be settled by binding arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause.  The appointing authority shall be Hong Kong International Arbitration Centre.  The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC).  There shall be three arbitrators, one appointed by you, one appointed by us and one appointed by agreement between those two appointees or failing agreement, by the HKIAC.  The arbitral panel may take evidence as to the governing law by statement of a senior legal practitioner admitted to practice law in Belize as to the laws of Belize.  Each party will bear any pay its own costs associated with that arbitration, and one half of the costs of the arbitration proceedings, regardless of the outcome of the arbitration.  Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party.  The foregoing shall not preclude IEPL from seeking any injunctive relief for protection of IEPL's intellectual property rights.

13.  GENERAL PROVISIONS.

a).  This Agreement is the exclusive agreement between you and us concerning the Software and service and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software and/or Service.

b).  We do not obtain contact details for you unless you elect to provide them to us.  Our Service is provided to you on an ongoing basis throughout the period of operation of this agreement.  IEPL reserves the right to modify the terms of which the Service is provided, as stated in this agreement as at the date of your download of the Software, at any time without further notification to you, by posting amended terms at our website www.ieplugin.com.  If you at any time wish to review the terms on which the Service is made available (for example, to see whether there has been any change from the terms as stated in this agreement), you may do so by reviewing the terms as posted at www.ieplugin.com.  If you wish to register your contact details to be advised of changes to our terms of provision of the Service, email your request to [email-masked].  You agree that your continued use of the Software and/or Service following any modification to the terms of provision of the Service made in accordance with this provision will constitute your acceptance of such modified terms.

c).  This agreement is governed by the laws of Belize.  The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.

d).  If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

e).  IEPL's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of IEPL's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.

f).  Any rights not expressly granted herein are reserved.