Google Toolbar

1. Introduction

1.1 With your new PC comes the Google Toolbar.
Thank you for trying out the Google Toolbar software!

1.2 In order to use this software, including any third
party software made available in conjunction with
this software, (collectively referred to below
as the "Google Toolbar") you must firstly agree
to bebound by the following terms and conditions
(the "Terms and Conditions"). By using the Google
Toolbar, you are evidencing your unqualified
agreement to be legally bound by the Terms
and Conditions.

1.3 Before you continue, you should print and/or save a
local copy of the Terms and Conditions for your
records. The Terms and Conditions form a legally
binding agreement between you and Google in relation
to your use of the Google Toolbar, and it is very
important that you take the time to read them
carefully.

2. Default Settings and Information

2.1 The Google Toolbar that comes with your new PC is
by default configured with the “Advanced Features”
disabled. This means that the Google Toolbar
does not send any information to Google
which identifies web pages that you view.

2.2 The Google Toolbar may, however, periodically
contact the Google servers to provide Google
with information about your Google Toolbar
(like whether you are running the
most current version).

2.3 In addition to the standard information that your
web browser will typically send to most web pages
you the Google Toolbar will send to Google a computer
visit, generated unique identifier that is stored
in your computer’s registry upon install. Google
uses that unique identifier for internal business
purposes such as auditing and security. Google does
not share it with third parties, unless Google has
to do so for legal or security reasons.

2.4 If you later choose to activate the
“Advanced Features” of the Google Toolbar, please
note that additional information will be sent to
Google, including the URL of the web page you are
visiting. Google does not share thatinformation
with third parties, unless Google has to do so
for legal or security reasons.

2.5 For more information, please refer to the
complete privacy policy which applies
to your use of the Google Toolbar at
http://www.google.com/support/
toolbar/?quick=privacy&v=4.0&hl=en_GB.

3. Additional Terms

Google Toolbar is designed to be used in
conjunction with Google's search services and
other Google services. Accordingly, you agree
and acknowledge that youruse of Google Toolbar
is also subject to (a) the generalGoogle terms
of service(which can be viewed at
http://www.google.co.uk/accounts/TOS?loc=GB)
(b) Google’s overall privacy policy
(which can be viewed at and
http://www.google.co.uk/privacy policy.html),
such further provisions being hereby incorporated
into these Terms and Conditions by reference.
To the extent that there is any inconsistency or
conflict between such additional terms and these
Terms and Conditions, the provisions of these
Terms and Conditions shall take precedence.

4. Non Commercial Use Only

4.1 Google Toolbar is made available to you for your
non commercial use only. “Non commercial use” means
that Google grants you a limited right to use
Google Toolbar for your personal use at work or
at home, to search for anything you want, subject
to the restrictions set out in the Terms and
Conditions. You may not sell the Google Toolbar
or sell any information, services, or software
associated with or derived from it, or modify,
copy, license, or create derivative works from
the Google Toolbar unless you have firstly
obtained Google's written permission (which
you may request at any time by sending an
email to toolbar-feedback@google.co.uk).

4.2 You agree not to modify, adapt, translate,
prepare derivative works from, decompile,
reverse engineer,disassemble or otherwise attempt
to derive source code from the Google Toolbar,
without having firstly obtained the prior written
consent of Google in the manner outlined above.

4.3 Furthermore, you agree that you shall not use the
Google Toolbar in any manner that could damage,
disable, overburden, or impair Google's services
(e.g., you may not use the Google Toolbar in an
automated manner), nor may you use the Google
Toolbar in any manner that could interfere with
any other party's use and enjoyment of
Google's services.

4.4 If you have comments on the Google Toolbar
or ideas on how to improve it, please email
toolbar-feedback@google.co.uk.
Please note that by doing so, you also grant Google
and third parties permission to use and incorporate
your ideas or comments into the Google Toolbar
without further compensation.

4.5 You agree not to use the Google Toolbar to
transmit any content which (a) is illegal;
or(b) infringes the intellectual property
rights or other legal rights of any third
party; or (c) violates Google’s main Terms of
Service(http://www.google.co.uk/accounts/TOS?loc=GB).

5. Updates
The Google Toolbar will periodically contact
Google’s servers to download automatic updates
in order to keep the installed version of
Google Toolbar up to date. You acknowledge
and agree that you will receive and implement
these updates as part of these Terms and Conditions.

6. Intellectual Property

6.1 As between you and Google, you acknowledge and agree
that Google own all rights, title and interest
in and to Google Toolbar, including without
limitation all Intellectual Property Rights which
subsist therein. "Intellectual Property Rights"
means rights in inventions, patents, trade marks
and service marks, rights in designs, rights in
trade names and business names, copyrights (including,
for the avoidance of doubt, rights in computer
software) and database rights (whether or not any
of these is registered and including applications
for registrations) and all rights or forms of
protection of a similar nature or having equivalent
or similar effect to any of these which may subsist
anywhere in the world.

6.2 You also agree that you shall not remove, obscure,
or otherwise alter any proprietary rights notices
affixed to, contained within, or which are accessed
by you in conjunction with, or through your use of,
Google Toolbar (including, without limitation,
copyright notices or trade mark notices in relation
to any rights owned by Google or any third party).

7. Exclusion of Warranties

7.1 Google Toolbar is provided "as is" and Google
gives no warranties with respect to it. Without
limiting the generality of the foregoing, Google
does not represent or warrant that: (i) the use
of Google Toolbar will meet your requirements or
be uninterrupted, secure or free from error, (ii)
that defects in the operation or functionality of
the Google Toolbar will be corrected, (iii) that
the Google Toolbar is free of viruses or other
malicious software contaminants, or (iv) that the
use of Google Toolbar (and any information which
is made available to you through your use of the
Google Toolbar) will be correct, accurate,
timely or otherwise reliable.

7.2 No conditions, warranties or other terms
(including any implied terms as to satisfactory
quality, fitness for purpose or conformance with
description) apply to the Google Toolbar except
to the extent that they are expressly set out
in these Terms and Conditions.

8. Limitation of Liability

Nothing in these Terms and Conditions shall
exclude or limit Google’s liability for death
or personal injury resulting from Google’s
negligence or for fraud or fraudulent
misrepresentation by Google. Subject to this,
Google shall not be liable to you for (a) any
indirect or consequential losses; (b) any
economic losses; or (c) any loss of goodwill
or reputation which you may suffer and which
arises in connection with your use of the
Google Toolbar, irrespective of whether or
not Google has been advised of the possibility
of such losses arising. Additionally, Google shall
not be liable to you for any error or defect with
regard to your use of the Google Toolbar, or for
any interruption, suspension, termination, failure
or delay in the operation of the Google Toolbar.

9. Miscellaneous Provisions

9.1 The Terms and Conditions constitute the entire
agreement between you and Google and govern your
use of the Google Toolbar, superseding any prior
agreements between you and Google in relation
to the Google Toolbar.

9.2 The failure of Google to exercise or enforce
any right or remedy granted to Google in the
Terms and Conditions shall not constitute a
waiver of such right or provision. If any
provision of the Terms and Conditions is found
by a court of competent jurisdiction to be
invalid, such part will be severed from the
remainder of the Terms and Conditions, which
will continue to be valid and enforceable to
the fullest extent permitted by law.

9.3 The Terms and Conditions and the relationship
between you and Google shall be governed by
English law. You and Google agree to submit
to the exclusive jurisdiction of the courts
of England. Notwithstanding the preceding
sentence, nothing in these Terms and
Conditions shall restrict or limit Google
seeking injunctive or similar relief in
any jurisdiction.

9.4 You agree and acknowledge that the
English language version of these Terms
and Conditions (the “Original Version”)
shall have precedence over any translation
which is provided to you, that such
translation is provided for your
convenience only, and that in the event
of any dispute or conflict between the
Original Version and the version provided
in any other language, the terms of the
Original Version shall prevail to the extent
necessary to resolve such dispute of conflict.
The section headings in the Terms and
Conditions are for convenience only and have
no legal or contractual effect.