Trailfire End User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY--YOUR USE OF THIS SOFTWARE IS CONDITIONED ON AND SUBJECT TO THE FOLLOWING:

This is a legal agreement ("Agreement") between you ("Licensee" or "you") and Trailfire, Inc. ("Trailfire") for use of the Trailfire™ Toolbar Plug-in ("Plug-in") for Microsoft Internet Explorer or Mozilla Firefox. By using the Plug-in, you agree to be bound by the terms of this Agreement. You must also confirm your acceptance of the terms by clicking below. If you do not agree to the terms of this Agreement, you are not authorized to use the Plug-in.

1. License. You have a limited, revocable, non-exclusive and non-transferable right to:
   1. Use the Plug-in to access, display and use Trailfire's products and services ("Services");
   2. Use the Plug-in for your own non-commercial purposes;
   3. Use the Plug-in on any computer you own or control;
   4. Copy the Plug-in without modification for distribution to third parties free of charge; and
   5. Copy the Plug-in without modification for backup or archival purposes.
2. Restrictions. You do not have a right to, and you agree not to:
   1. Reverse engineer, reverse compile or otherwise seek to derive source code from the Plug-in;
   2. Modify, translate or create derivative works of the Plug-in;
   3. Sublicense, lease, rent or loan the Plug-in to any third party;
   4. Compile and/or re-distribute the digital images, text, graphic elements or other data ("Data") displayed by or contained in the Plug-in or Services, historical or current, for any purpose other than personal use;
   5. Remove any proprietary notices or labels on the Plug-in;
   6. Allow other individuals to use the Plug-in except under the terms of this Agreement;
   7. Copy the Plug-in other than as expressly allowed by this Agreement;
   8. Keep any copies of the Plug-in or any Data after termination of this Agreement; or
   9. Allow or cause any other person or entity to do any of the above.
3. Ownership. All right, title and interest in and to the Data, the Plug-in and the Services, and all intellectual property rights therein, will remain in Trailfire and/or its licensors.
4. Export Controls. The Plug-in and any underlying technology may not be exported outside the United States in a manner that is prohibited by applicable export laws and regulations. By downloading or using the Plug-in outside the United States, you assume responsibility for compliance with these laws and regulations.
5. AS IS; No Warranty. THE PLUG-IN IS PROVIDED "AS IS" AND WITH NO WARRANTY WHATSOEVER. TRAILFIRE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FURTHER DISCLAIMS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

   In particular but without limitation, Trailfire does not warrant that operation of the Plug-in will be uninterrupted or error-free, or that the functions or content included in the Plug-in or the Services will meet your requirements. Trailfire does not warrant that files or data sent to you will be transmitted in uncorrupted form or within a reasonable period of time. Trailfire does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk as to the use, quality and performance of the Plug-in and the Services.

   This warranty gives you specific legal rights and you may also have other rights that vary from state to state. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

6. Termination and Modification. Your right to use the Plug-in will terminate immediately if you violate any of the terms of this Agreement. In addition, Trailfire reserves the right to modify, suspend or terminate the Plug-in or the Services at any time without notice and without liability. On termination of this license, you must destroy all copies of the Plug-in in your possession or control.
7. Amendment. Trailfire may, in its sole discretion, change or amend this Agreement at any time. Notice of such changes will be posted on the Trailfire website(s). Your continued use of the Plug-in and Services following notice of such changes will be deemed to be your acceptance of any such modification. If you do not agree to any such changes, you must immediately stop using the Plug-in and the Services.
8. Automatic Updates. Trailfire may, from time to time, automatically update or change the Plug-in functionality and/or content. Your continued use of the Plug-in and Services following such update will be deemed to be your acceptance of any such update. If you do not agree to any such update, you must immediately stop using the Plug-in and the Services.
9. Limitation of Liability. TRAILFIRE IS NOT LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR FOR DAMAGES (INCLUDING LOST PROFITS, LOSS OF GOODWILL OR DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LICENSEE HAS WARNED OR BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. TRAILFIRE'S TOTAL LIABILITY FOR ANY COMBINATION OF CLAIMS WILL NOT EXCEED THE AMOUNT THAT TRAILFIRE WAS PAID FOR LICENSEE'S USE OR $100, WHICHEVER IS HIGHER.

   This limitation of liability does not apply to liability for death or personal injury to the extent (but only to the extent) that applicable law prohibits such limitation. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

10. Miscellaneous. Licensee acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms. Licensee may not assign or sublicense this Agreement, in whole or in part, without the prior written consent of Trailfire. This Agreement will be construed and interpreted under the laws of the State of Oregon, excluding (i) any conflict of laws rules and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby agree that the exclusive venue for any dispute under this Agreement will be the state and federal courts located in Portland, Oregon, and each party hereby consents to personal jurisdiction in such courts and waives any objections to such venue. If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this Agreement will continue in full force and effect. This agreement is the entire agreement between Licensee and Trailfire with respect to the Plug-in and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and may only be modified by Licensee in a writing signed by both parties.