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Thank you for trying out Google Web Accelerator! By using this software, including any third party software made available in conjunction with this software ("Google Web Accelerator"), you agree to be bound by the following terms and conditions (the "Terms and Conditions"). Non-commercial Use Only Google Web Accelerator is made available to you for your non-commercial use only. If you want to make commercial use of Google Web Accelerator, including but not limited to selling or distributing Google Web Accelerator for payment, you must enter into an agreement with Google or obtain Google's written permission in advance. Prohibited Actions You may not distribute, modify, copy, license, or create derivative works from Google Web Accelerator or any services or software associated with or derived from it, unless you obtain Google's written permission in advance. If you wish to do any of the above, please contact us by e-mailing legal@google.com. Privacy Policy As a condition to using Google Web Accelerator, you agree to the terms of the Google Privacy Policy and the Google Web Accelerator Privacy Policy as they may be updated from time to time. Intellectual Property You acknowledge that Google or third parties own all right, title and interest in and to Google Web Accelerator, portions thereof, or software provided through or in conjunction with Google Web Accelerator, 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, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Google Web Accelerator, or to extract significant portions of Google Web Accelerator's files for use in other applications. You also agree to not remove, obscure, or alter Google'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 Google Web Accelerator. Feedback If you have comments on Google Web Accelerator or ideas on how to improve it, please email labs+webaccelerator@google.com. Please note that by doing so, you also grant Google and third parties permission to use and incorporate your ideas or comments into Google Web Accelerator (or third party software) without further compensation. Changes to Terms and Conditions Google reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at http://webaccelerator.google.com/eula (or such successor URL as Google may provide), so that you will be apprised of any changes. Disclaimer of Warranties Google and any third party who makes its software available in conjunction with or through Google Web Accelerator disclaim any responsibility for any harm resulting from your use of Google Web Accelerator and/or any third party software accessed in conjunction with or through Google Web Accelerator. GOOGLE WEB ACCELERATOR AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE 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. GOOGLE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE WEB ACCELERATOR AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOOGLE WEB ACCELERATOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GOOGLE WEB ACCELERATOR 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 GOOGLE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE WEB ACCELERATOR 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 GOOGLE 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 GOOGLE WEB ACCELERATOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR, FROM INABILITY TO USE GOOGLE WEB ACCELERATOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE WEB ACCELERATOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE WEB ACCELERATOR (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. Miscellaneous Provisions These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google and/or a third party who makes its software available in conjunction with or through Google Web Accelerator. Termination If you wish to terminate this agreement, you may simply cease using Google Web Accelerator and follow the uninstall instructions. Google reserves the right to terminate this agreement and your use of Google Web Accelerator at any time.
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