By using this software ("eBay Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions").
eBay Toolbar Use
eBay grants you the right to use the eBay Toolbar for your personal, non-commercial use only, subject to these Terms and Conditions. You may not modify, copy, publish, license, or sell any information or software associated with the eBay Toolbar. You may not rent, lease, transfer or otherwise transfer rights to the eBay Toolbar. Furthermore, you may not use the eBay Toolbar in any manner that could damage, disable, overburden, or impair the eBay site, nor may you use the eBay Toolbar in any manner that could interfere with any other party's use and enjoyment of the eBay site. You agree that you will use the eBay Toolbar only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the eBay Toolbar will terminate immediately if you violate any provision of these Terms and Conditions. Upon termination, you may no longer use the eBay Toolbar.
Except for any third party software license contained in the eBay Toolbar, you acknowledge that eBay owns all rights, title and interest in and to the eBay Toolbar, including without limitation all Intellectual Property Rights. Any third party licensor retain owns all rights, title and interest in and to its licensed software contained in the eBay Toolbar. "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, distributed, disassemble or otherwise attempt to derive source code from the eBay Toolbar or any third party software contained therein. You also agree to not remove, obscure, or alter eBay's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the eBay Toolbar.
Disclaimer of Warranties
eBay, its suppliers and its third party licensors disclaim any responsibility for any harm resulting from your use of the eBay Toolbar (including, without limitation, any spoof site detection technology and any third party technology contained therein). THE EBAY TOOLBAR IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. EBAY EXPRESSLY DISCLAIMS 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, ACCURACY OF SPOOF SITE DETECTION TECHNOLOGY OR DATA, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EBAY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EBAY TOOLBAR. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE EBAY TOOLBAR 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 THE EBAY TOOLBAR. 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 JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EBAY, ITS SUPPLIERS OR ITS THIRD PARTY LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE EBAY TOOLBAR. 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 EBAY HAS 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 EBAY TOOLBAR, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE EBAY TOOLBAR, FROM INABILITY TO USE THE EBAY TOOLBAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EBAY TOOLBAR (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 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.
You agree to indemnify and hold harmless eBay, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, its suppliers or any third party licensors and their parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the eBay Toolbar, any alleged violation of these Terms and Conditions or any alleged violation of any applicable law or regulation. eBay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
Third Party Software
The eBay Toolbar may contain or include software (_Third Party Software_) that is developed by a third party (_Third Party Licensor_). You are hereby granted a license by the Third Party Licensor to a nonexclusive, nontransferable, non-sublicensable, royalty-free, limited licence or sub-licence to install and use the object code version of the applicable Third Party Software. Title and ownership of such Third Party Software will remain with its Third Party Licensor. All rights except those expressly granted to you will be reserved to the Third Party Licensor.
You may use the Third Party Software only for your own internal purposes. You will not: (a) use the Third Party Software to process or permit the Third Party Software to process data for any third party; (b) use the Third Party Software in operation of a service bureau; or (c) unless otherwise agreed to, permit any subsidiaries, affiliated entities, or third parties to use the software.