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Mpire Corporation
Terms of Use - Mpire Plugin

Thank you for trying out the Mpire Plugin! The following terms and conditions (the "Terms") explain your obligations for your use of this software and any subsequent versions (the "Mpire Plugin"). By installing the Mpire Plugin, you agree to become bound by the Terms. If you do not agree to the Terms, then do not install and use the Mpire Plugin.

Non-commercial Use Only
Mpire's Plugin is made available to you for your non-commercial personal use only. This means that Mpire is granting you a limited, terminable, non-assignable license to use the Mpire Plugin any place on any computer, to search for anything you want. But you first need to obtain expressed permission from Mpire, which may be in the form of an additional license, if you want to sell or distribute the Mpire Plugin or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from the Mpire Plugin.

You will not use the Mpire Plugin for any purpose that is unlawful or prohibited by the Terms.  You are expressly prohibited from using the data in any manner whatsoever for the benefit of any other third party to explore, undertake or commit to other commercial or research related activity without the express written consent of Mpire, which Mpire may grant in its sole discretion and may require a license to do so. You are restricted from copying, sublicensing, reproducing, distributing, or disclosing the data for any other purpose for its benefit or for that of any other third party without the express written consent of Mpire, which Mpire may grant in its sole discretion and may require a license to do so. You are not allowed to use the data to build a derivative product and or work, and shall not use the data to reverse engineer any work or product.

You will not use the Mpire Plugin in any manner that could damage, overburden, or impair the Mpire Plugin, any Mpire server, or networks connected to any Mpire server, or interfere with any other party's use and enjoyment of any Mpire Plugin. You will not attempt to gain unauthorized access to the Mpire Plugin, other users' accounts, or services connected to the Mpire Plugin. Mpire reserves the right in its sole discretion to terminate the license granted hereunder for any reason. In the event that Mpire terminates your license to use the Mpire Plugin you must stop using the Mpire Plugin.

Updates to Mpire Plugin
Mpire may update the Mpire Plugin at any time but is not required to do so.  Notification will be made by notifying the user of update availability. User will be required to click-to-accept and install future updates.

Privacy Policy
Mpire's information and collection practices are set forth in the Mpire privacy policy, available at www.mpire.com/home/privacyPolicy.html. Please read the privacy policy carefully. By agreeing to these Terms, you are agreeing to the privacy policy.

Intellectual Property
You acknowledge that Mpire, its affiliated companies, assigns, or third parties own all rights, title and interest in and to the Mpire Plugin, portions thereof, or software provided through or in conjunction with the Mpire Plugin, 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, or prepare derivative works from the Mpire Plugin. You also agree to not remove, obscure, or alter Mpire'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 Mpire Plugin. All rights not expressly granted are reserved by Mpire or third parties.

Disclaimer
Mpire and any third party who makes its software available in conjunction with or through the Mpire Plugin disclaim any responsibility for any harm resulting from your use of the Mpire Plugin and/or any third party software accessed in conjunction with or through the Mpire Plugin.

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

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE MPIRE PLUGIN AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MPIRE PLUGIN AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, PECUNIARY OR OTHERWISE, TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MPIRE PLUGIN 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 MPIRE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MPIRE PLUGIN BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF MPIRE PLUGIN 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 MPIRE 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 MPIRE PLUGIN AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MPIRE PLUGIN, FROM INABILITY TO USE MPIRE PLUGIN AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MPIRE PLUGIN, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MPIRE PLUGIN AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MPIRE PLUGIN (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.

The Disclaimer, Limitations of Liability, and exclusive remedies set forth in these Terms are fundamental elements of the basis of the agreement between Mpire and you. Mpire would not be able to provide the Mpire Plugin to you on an economic basis without these limitations and they are an essential basis of the bargain in the Terms.

Mpire Service
Mpire Plugin is designed to be used in conjunction with Mpire Services. Accordingly, your use of the Mpire Plugin is also defined by Mpire's Terms of Use and Privacy Policy http://www.mpire.com/corporate/terms.html.

General Terms
These Terms are governed by the internal laws of the State of Washington, without giving effect to principles of conflict of laws or the United Nations Convention on the International Sale of Goods. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in King County, Washington, and the federal courts in the Western District of Washington, to resolve any disputes arising under the Terms.

If you provide any feedback or suggestions to Mpire regarding the Mpire Plugin or other Mpire products, you hereby grant Mpire a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback and suggestions into Mpire's products and services.

These Terms contain the complete agreement between you and Mpire with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. These Terms cannot be modified except by the expressed written consent to modification by Mpire authorized personnel. The failure or delay of Mpire to exercise any of its rights under the Terms or upon any breach of the Terms will not be deemed a waiver of those rights or of the breach.

If any provision of the Terms are held by a court to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect.

Mpire may update the Terms by providing notice on its website. You agree to check this website from time-to-time and agree to be bound by any update to the Terms. The most current version of the Terms can be found at http://www.mpire.com/?????l.

"Mpire" and other trademarks contained in the Mpire Plugin are trademarks of Mpire. Any third party trademarks, trade names, product names, and logos contained in the Mpire Plugin are the trademarks of their respective owners. These Terms do not authorize you to use Mpire's trademarks. In addition, the Mpire website and works of authorship in the Mpire Plugin are copyrighted and owned by Mpire. All rights are reserved to Mpire.

Printable Version

By clicking on Agree and Download you are agreeing to the Terms of Service above and the Privacy Policy.

If Firefox initially blocks the installation just hit the options button and add Mpire to the list in the dialog that comes up!

System Requirements:

Firefox version 2.0
(Don't have Firefox? Download it now)
IE7
Windows XP, Linux, or OS X

Need help? Mail us here.

TechCrunch

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