Marsfind Search Helper

PLEASE READ AND ACCEPT THE FOLLOWING END USER LICENSE AGREEMENTS FOR MARSFIND BEFORE PROCEEDING.

Marsfind Toolbar END USER LICENSE AGREEMENT and TERMS OF USE

IMPORTANT: READ THIS CAREFULLY BEFORE DOWNLOADING AND USING THE SOFTWARE. This is a legal agreement between you the end user ("Licensee") and Marsfind, wholly owned by Mworld Holdings LTD ("The Company"). By clicking on the "ACCEPT" button or otherwise downloading or using the Marsfind Toolbar, you are agreeing to become a party to and be bound by the terms of this MARSFIND End User License Agreement and Terms of Use ("Agreement"). If you do not wish to become a party to and be bound by all the terms of the Agreement, click on the "CANCEL" button and/or do not install this software.

1. DEFINITIONS

1.1 "Software" shall mean the object code and source code of The Company's software provided to Licensee in connection with this Agreement, and shall also include any bundled software, including but not limited to pop-up blockers, search partner search engines, and any updates, improvements, or modifications hereinafter furnished to Licensee by The Company, whether requested by Licensee or initiated by The Company. It is understood that the provision of any such updates, improvements, patches, or modifications shall be at The Company's sole discretion and may be subject to fees and/or additional terms and conditions. Once you have installed the software, this software may make periodic requests, and install new features and updates.

1.2 "Product Service" means the services provided by The Company to Licensee in conjunction with the use of the Software by the Licensee by which The Company provides internet links, internet content, internet utilities, search results, and any other services. If within the browser address bar you provide a typographical error or other unrecognizable internet address, you may receive an ‘ Unable to find' message that your browser was unable to find the requested website or similar message and The Company may display options from third-party providers (“Contributors”) and may provide links to the alternative Contributor's websites.

1.3 "Install" means to use the installation program provided as part of the Software to install portions of the Software onto Licensee's computer system on Licensee's premises for subsequent use by Licensee.

2. LICENSE GRANT

2.1 License Grant. Subject to the terms and conditions of this Agreement, The Company grants to Licensee a non-exclusive, non-transferable license to: (i) Install the Software on a single computer for use with a single CPU; and (ii) to use the Software, in object code form only, on such computer.

2.2 License Restrictions. Licensee shall not and shall not permit any other party to: (i) modify, translate, reverse engineer, decompile, disassemble, or otherwise reduce the Software to human perceivable form except to the extent that such activities may not be prohibited under applicable law; (ii) copy (except as expressly authorized under this Agreement); (iii) transfer, lease, loan, sublicense, resell, distribute, or otherwise grant any rights in the Software in any form to any third party, including any commercial time-sharing, rental, outsourcing, or service bureau use; or (iv) write or develop any derivative works of the Software. All rights not specifically granted to Licensee herein are reserved to The Company. All trademark, trade name, copyright, and other proprietary rights notices or legends appearing on or in the Software shall not be removed or altered and shall be accurately reproduced by Licensee on any copies to the extent Licensee is permitted to make such copies.

2.3 Product Services. The Software is intended for use by Licensee in conjunction with The Company's Product Services. The Company reserves the right to terminate the provision of Product Services at any time, for any reason. Upon termination of Product Services, Licensee's license to use the Software set forth in this Section 2 shall also terminate. The Company shall not be liable for any injury, loss, or damages of any kind to Licensee resulting from the termination of such Product Services.

2.4 Ownership. All right, title, and interest, including all intellectual property rights, in and to the Software and Product Services shall remain with The Company. Licensee acknowledges that the licenses granted under this Agreement do not provide Licensee with title or ownership of the Software, Software copy, or Product Services, but only a limited right of use.

3. USE OF DATA

Use of the Software and Product Services by Licensee results may result in the generation usage and site data by Licensee. Licensee grants The Company the right to record such data and to use the data for non- personally identifiable purposes any reason. By submitting your e-mail address to The Company, your e-mail address will automatically be added to our E-Newsletter Subscriber List, which we send out with our product newsletter or updates. We will not sell, rent, or lease your personally information to non-partner entities. You may opt-out of receiving future emails by clicking on the “Remove” link provided in any future emails.

4. TERM AND TERMINATION

4.1 Term. This Agreement shall remain in effect perpetually unless terminated as provided below.

4.2 Termination. This Agreement shall automatically terminate in the event of unauthorized distribution, copying, use, or modification of the Software by Licensee. The Company may terminate this Agreement at any time upon notification to Licensee or termination of Media Product Services, and Licensee may terminate the Agreement at any time by destroying or erasing any and all copies of the Software in Licensee's possession.

4.3 Effect of Termination. Upon termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate. Licensee shall immediately destroy or erase all copies of the Software in Licensee's possession. Sections 2.4, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, and 15 shall survive termination of this Agreement for any reason.

5. DISCLAIMERS

5.1 Software Warranty Disclaimer. THE SOFTWARE IS PROVIDED TO LICENSEE FREE OF CHARGE "AS IS." THE COMPANY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANT ABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

5.2 Data and Content Disclaimer. Use of the Software and Product Services may result in the provision of Internet links and content to sites controlled and provided by third parties (“Contributors”). All data and content provided through or available on such sites is the property of such data or content owner and are subject to copyright and other restrictions imposed by such sites or the content owners. The Company does not own, control, manage, or supervise such data, content, or Contributor sites.

You understand and agree that providing Contributors' Internet links and content does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of Marsfind of any such site or indicate any affiliation between such other site and Marsfind, even if such relationships, financial or otherwise, may exist. Unless otherwise expressly stated, Marsfind's display of such alternative Contributors' site does not suggest a recommendation by Marsfind of the Contributors' Internet links and content.

THE COMPANY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO SUCH DATA AND CONTENT, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, AND ANY WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE'S USE OF AND RELIANCE ON ANY SUCH DATA AND CONTENT IS AT ITS OWN RISK AND EXPENSE.

5.3 High Risk Activities. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES ("HIGH RISK ACTIVITIES"). ACCORDINGLY, THE COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, BUSINESS DISRUPTION, LOSS OF DATA OR COST OF COVER, OR DAMAGE TO SYSTEMS AND DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BROUGHT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN.

7. U.S. GOVERNMENT RIGHTS

The Software is deemed to be "commercial computer software" and/or "commercial computer software documentation" pursuant to DFAR Section 227.7202 and FAR Section 12.212 as applicable. Any use, duplication, reproduction, release, modification, disclosure, performance, display, or transfer by the U.S. Government shall be governed solely by, and prohibited, except as expressly permitted under the terms of this Agreement.

8. EXPORT

The Company is subject to, and Licensee warrants that it will comply with, regulations of agencies of the U.S. Government regarding export and re- export restrictions on the Software, including, but not limited to, the Export Administration Regulations of the U.S. Department of Commerce, which prohibit export or diversion of certain technical products to certain countries.

Licensee agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that Licensee is not otherwise prohibited under the Export Laws from receiving the Marsfind Toolbar. All rights to use Marsfind Toolbar, the Software, and Product Services are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement.

9. GENERAL

Licensee may not assign this Agreement or any rights or obligations hereunder, directly or indirectly by operation of law or otherwise, without the prior written consent of The Company. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement represents the entire understanding and agreement of the parties regarding the subject matter hereof and may only be modified in writing signed by an authorized representative of The Company. You agree to receive advertising while using the Marsfind website.

10. Governing Law and Interpretation/Arbitration

This Agreement shall be interpreted under, governed, and construed by the laws of Hong Kong , HK without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect.

11. AMENDMENT

The Company may, in its sole discretion, change, modify, add or remove portions of this license at any time. The Company may notify you of any such changes by posting notice of such changes on the Marsfind Web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Software following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software.

12. Entire Agreement

This Agreement is the complete agreement between The Company and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.

13. Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

14. Interpretation and Construction.

In the event any provision of this Agreement is determined to be uncertain or ambiguous, the language in all parts of this Agreement shall be construed as a whole according to it fair meaning and not strictly construed for or against one party or another. This Agreement and all of its attachments shall be construed and enforced without any presumption or rule that it might be construed or enforced against the drafter.

BY ACCEPTING THIS AGREEMENT, YOU AFFIRM AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT. THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED UPON ALLOCATION OF RISK WHICH IS REFLECTED IN THE FACT THAT YOU ARE RECEIVING FREE SOFTWARE AND ASSUMING THE OTHER OBLIGATIONS HEREUNDER.