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Terms of Usage

This End User License Agreement applies to the Hoist Search Enhancer and affiliated brands under Hoist Media S.a.r.l. Upon the Installation of the Applications, the following features will be added to your Internet browser:

Hoist Search Enhancer:

This browser application integrates a new feature that displays search results from some of your favorite sites directly in the window that you are viewing. On search engines there will be as many as 3 text ads beneath Hoist Search. These ads will be identified as originating from Hoist Search. Hoist Search and all related ads are not affiliated with or endorsed by any underlying websites. The Hoist Search Enhancer provides this feature by taking the queries that you submit on the site you are searching, and displaying ads or search results in response to those queries in an integrated manner.

During the install process, you will be given an option to allow Hoist Search to become your default search engine and/or your default home page. If you consent to make Hoist Search your home page, Hoist Search will become your default home page that will appear each time you open your Internet browser. If you consent to make Hoist Search your default search engine, your Internet browser default search engine will be set to Hoist Search. You will be using Hoist Search web search services when you enter queries in your browser search box, when you enter queries in your browser address bar. When you perform these types of functions on your browser, then we will redirect you to our search results page with relevant results to your query.

If you have any questions, we invite you to take a look at our website's FAQ section at http://www.hoistsearch.com/faq and our customer support form at http://www.hoistsearch.com/contact.

UNINSTALL:

You can easily uninstall the Hoist Search Enhancer by clicking on the "Start" button, clicking on the "Settings" button, clicking on the "Control Panel" button, clicking on the "Add or Remove Programs" button, selecting "Hoist Search Enhancer," and then clicking on the "Change/Remove" button. Make sure all your browser windows are closed before starting the un-installation process.

Use of the Hoist Search services is subject to the Terms of Service and Privacy Policies that you can find at http://www.hoistsearch.com

THIS PRODUCT AND ALL THE FEATURES LISTED ABOVE ARE FREE. NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED. THIS PRODUCT IS NOT SPYWARE OR ADWARE.

This End User License Agreement is a legal contract between you and Hoist Media S.a.r.l. You must agree to this contract and abide by its terms in order to download and use the Applications. You must be 18 years of age in order to agree to this contract and download this product. This End User License Agreement applies to the Applications and all features and functionalities developed by Hoist Media S.a.r.l. If you are installing a version of the Applications that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service.

In this End User License Agreement (this "Agreement"), "Web Sites" shall refer to the web pages in the Hoist Search domain and "Services" shall refer to the search and other services offered through the Applications.

1. License Grant

Subject to the terms and conditions of this Agreement, Hoist Search S.a.r.l. ("we" or "us") grants you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Applications, and (b) use the Applications you download and install solely for your personal, non-commercial purposes. Your use of the Hoist Search Enhancer services through the Applications are subject to the site's respective Terms of Service and Privacy Policies available here: http://www.hoistsearch.com

2. License Conditions

You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer the Applications or this Agreement or use the Applications for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Applications, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Applications in any way. You do not have the right to and may not create derivative works of the Applications. All modifications or enhancements to the Applications remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or to use the Applications at any time, and we may at any time suspend or terminate any license hereunder and disable the Applications or any of its component features.

3. Ownership

You acknowledge and agree that the Applications is licensed, not sold to you. You acknowledge that the Applications, including all code, protocols, software and documentation provided to you by us in conjunction with the Applications or our services are our property or the property of our licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Applications. All rights not expressly granted hereunder are expressly reserved to us and our licensors.

You represent and warrant that you are either the owner or an authorized user of the computer where the Applications is installed. You may use the Applications, Web Sites or Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of our Applications, Web Sites and Services. You agree not to use the Applications, Web Sites or Services to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or by any contractual provision by which you are bound.

4. Privacy

Applications Install: When you install the Applications, we assign a unique identification code to your copy of the Applications, and such code is written to your computer's registry. This identification code is for application support purposes only. Further, the data collected does not provide personally identifiable information nor will this data be provided to any third parties.

Install Failures: Sometimes, for reasons beyond our control, after you have agreed to install the applications, the applications install process fails. In such an unlikely event, we may pull certain data via an error log file (this data may include, without limitation, your machine name, computer user name, IP address, operating system information, machine/user permissions, browser type and version, applications partner ID and various other non-personally identifiable diagnostic information). This data will be used solely for the purpose of troubleshooting installation issues with the intent of improving the product and the user experience.

When you use the Applications to submit a query, the Applications forwards such query information to our servers. Hoist Search S.a.r.l. uses this information to process your web search requests and to return a search results page to you. For information on additional uses of your query information by Hoist Search S.a.r.l., please see the Privacy Policy at http://www.hoistsearch.com

When you access the Web Site through the Applications, the Web Site sets a "cookie" that collects information about your use of the Applications including the unique identification code of your Applications, the queries you submit through the Applications, your IP address, and whether you clicked on search results or advertising links. When you start your browser, the Applications also sends a configuration request which also includes your computer's IP address, browser type, and information about the specific release date and distribution source of your Applications. This information allows Hoist Search S.a.r.l. to distinguish your Applications for purposes of compensating third parties who distribute its products and to analyze retention and usage on an aggregated basis. Such "cookies" and configuration settings are reset every 24 hours, but the information collected is stored in a query log for up to six months. For more information on the use of cookies and on how to block or remove them, please see the Privacy Policy at http://www.hoistsearch.com

If the Web Site or the Applications are ever involved in a corporate restructuring or a sale, merger or other transfer of assets, we may transfer all information provided by or collected from you in order to ensure continuity of service.

5. Access and Interference; Passwords

You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of the Applications, Web Sites, Services, except to remove our Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our Applications. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.

6. Disclaimer of Warranty

YOU ACCESS AND USE THE APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE APPLICATIONS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE APPLICATIONS.

WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE APPLICATIONS, (B) THAT THE APPLICATIONS WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS, OR THE INFORMATION AVAILABLE THROUGH APPLICATIONS, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

We may disclose data we collect about our users when we believe disclosure is necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, our users, or others. However, we do not collect any personally identifiable information.

We may transfer your information to a third party if we or any of our affiliates are involved in a corporate restructuring (e.g., a sale, merger, or other transfer of assets).

7. Termination

You may terminate this Agreement at any time by uninstalling and destroying all copies of the Applications in your possession or control.

If you do not comply with this Agreement, at any time, we reserve the right to terminate your access to the Web Sites and Services through the Applications. We may discontinue or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Services, at our sole discretion and without prior notice or liability. We may also, in our sole discretion, terminate your use of the Services, and disable your use of the Applications, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these license terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access

8. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HOIST S.A.R.L. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF HOIST S.A.R.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO: (i) YOUR USE OR THE INABILITY TO USE THE APPLICATIONS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. Export Controls

The Applications and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Applications, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

10. Notice to Government End Users

The Applications and associated software, programs and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

11. Applicable Law

The substantive laws of the State of South Carolina in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) the Software. You hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Charleston County in South Carolina with respect to all matters arising out of or relating to this Agreement.

12. Customer Concerns.

If you encounter any problem with the Applications, or would like to send us your feedback, our Customer Service may be reached at http://www.hoistsearch.com for the Hoist Search Enhancer.

Revised: October 5, 2011