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Country*	AFGHANISTAN ÅLAND ISLANDS ALBANIA ALGERIA AMERICAN SAMOA ANDORRA ANGOLA ANGUILLA ANTARCTICA ANTIGUA AND BARBUDA ARGENTINA ARMENIA ARUBA AUSTRALIA AUSTRIA AZERBAIJAN BAHAMAS BAHRAIN BANGLADESH BARBADOS BELARUS BELGIUM BELIZE BENIN BERMUDA BHUTAN BOLIVIA BOSNIA AND HERZEGOVINA BOTSWANA BOUVET ISLAND BRAZIL BRITISH INDIAN OCEAN TERRITORY BRUNEI DARUSSALAM BULGARIA BURKINA FASO BURUNDI CAMBODIA CAMEROON CANADA CAPE VERDE CAYMAN ISLANDS CENTRAL AFRICAN REPUBLIC CHAD CHILE CHINA CHRISTMAS ISLAND COCOS (KEELING) ISLANDS COLOMBIA COMOROS CONGO CONGO, THE DEMOCRATIC REPUBLIC OF THE COOK ISLANDS COSTA RICA CÔTE D'IVOIRE CROATIA CUBA CYPRUS CZECH REPUBLIC DENMARK DJIBOUTI DOMINICA DOMINICAN REPUBLIC ECUADOR EGYPT EL SALVADOR EQUATORIAL GUINEA ERITREA ESTONIA ETHIOPIA FALKLAND ISLANDS (MALVINAS) FAROE ISLANDS FIJI FINLAND FRANCE FRENCH GUIANA FRENCH POLYNESIA FRENCH SOUTHERN TERRITORIES GABON GAMBIA GEORGIA GERMANY GHANA GIBRALTAR GREECE GREENLAND GRENADA GUADELOUPE GUAM GUATEMALA GUERNSEY GUINEA GUINEA-BISSAU GUYANA HAITI HEARD ISLAND AND MCDONALD ISLANDS HOLY SEE (VATICAN CITY STATE) HONDURAS HONG KONG HUNGARY ICELAND INDIA INDONESIA IRAN, ISLAMIC REPUBLIC OF IRAQ IRELAND ISLE OF MAN ISRAEL ITALY JAMAICA JAPAN JERSEY JORDAN KAZAKHSTAN KENYA KIRIBATI KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA, REPUBLIC OF KUWAIT KYRGYZSTAN LAO PEOPLE'S DEMOCRATIC REPUBLIC LATVIA LEBANON LESOTHO LIBERIA LIBYAN ARAB JAMAHIRIYA LIECHTENSTEIN LITHUANIA LUXEMBOURG MACAO MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF MADAGASCAR MALAWI MALAYSIA MALDIVES MALI MALTA MARSHALL ISLANDS MARTINIQUE MAURITANIA MAURITIUS MAYOTTE MEXICO MICRONESIA, FEDERATED STATES OF MOLDOVA, REPUBLIC OF MONACO MONGOLIA MONTENEGRO MONTSERRAT MOROCCO MOZAMBIQUE MYANMAR NAMIBIA NAURU NEPAL NETHERLANDS NETHERLANDS ANTILLES NEW CALEDONIA NEW ZEALAND NICARAGUA NIGER NIGERIA NIUE NORFOLK ISLAND NORTHERN MARIANA ISLANDS NORWAY OMAN PAKISTAN PALAU PALESTINIAN TERRITORY, OCCUPIED PANAMA PAPUA NEW GUINEA PARAGUAY PERU PHILIPPINES PITCAIRN POLAND PORTUGAL PUERTO RICO QATAR RÉUNION ROMANIA RUSSIAN FEDERATION RWANDA SAINT HELENA SAINT KITTS AND NEVIS SAINT LUCIA SAINT PIERRE AND MIQUELON SAINT VINCENT AND THE GRENADINES SAINT-BARTHÉLEMY SAINT-MARTIN SAMOA SAN MARINO SAO TOME AND PRINCIPE SAUDI ARABIA SENEGAL SERBIA SEYCHELLES SIERRA LEONE SINGAPORE SLOVAKIA SLOVENIA SOLOMON ISLANDS SOMALIA SOUTH AFRICA SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS SPAIN SRI LANKA SUDAN SURINAME SVALBARD AND JAN MAYEN SWAZILAND SWEDEN SWITZERLAND SYRIAN ARAB REPUBLIC TAIWAN, PROVINCE OF CHINA TAJIKISTAN TANZANIA, UNITED REPUBLIC OF THAILAND TIMOR-LESTE TOGO TOKELAU TONGA TRINIDAD AND TOBAGO TUNISIA TURKEY TURKMENISTAN TURKS AND CAICOS ISLANDS TUVALU UGANDA UKRAINE UNITED ARAB EMIRATES UNITED KINGDOM UNITED STATES UNITED STATES MINOR OUTLYING ISLANDS URUGUAY UZBEKISTAN VANUATU VENEZUELA VIET NAM VIRGIN ISLANDS, BRITISH VIRGIN ISLANDS, U.S. WALLIS AND FUTUNA WESTERN SAHARA YEMEN ZAMBIA ZIMBABWE
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Terms of Service	SAFE TOOLBAR® END USER LICENSE AGREEMENT *************************************************************** By installing and using the accompanying software (the “Software”), you (the “Customer”) consent to be bound by and become a party to this license agreement (the “Agreement”). If ALL of the terms in this Agreement are not agreed to, please delete the software from your computer system. GRANT OF LICENSE *************************************************************** Safe Banking Systems Software LLC (“SBS”) hereby grants the Customer a non-exclusive, non-transferable license to use the Software, only in machine-readable form and subject to the terms and conditions of this Agreement. TITLE AND OWNERSHIP *************************************************************** All title, ownership rights and intellectual property rights in and to the Software and any derivative works based thereon shall remain in and be the sole and exclusive property of SBS. All trademarks, service marks, patents, copyrights, trade secrets, and other proprietary rights in or related to the Software are and will remain the exclusive property of SBS. Customer will not take any action that jeopardizes SBS proprietary rights or acquire any right in the Software, except limited use rights specified below. SBS will own all rights in any copy, translation, modification, adaptation or derivation or the Software, including any improvement or development thereof. Any ideas, suggestions or comments regarding the Software which might be submitted shall become the property of SBS and may be incorporated in revisions to, or subsequent versions of, the Software or other products without compensation to the person who submitted the idea, suggestion or comment. At the request of SBS, Customer will obtain the execution of any instrument that may be appropriate to assign these rights to SBS or perfect these rights in the name of SBS. ITEMS INCLUDED IN THE DEFINITION OF SOFTWARE *************************************************************** For purposes of this Agreement, references to the term “Software” shall be deemed to include reference to: (a) the machine-readable object code version of the software that SBS makes available for license, either directly or through resellers, whether distributed by download, on CD ROM, diskette or otherwise, (b) the electronic and/or printed user manuals and documentation that are made available, (c) any related corrections, fixes and revisions that SBS may provide, (d) any related enhancements and updates that SBS may provide and (e) all copies of the foregoing items. Any separately-priced options or upgrades that SBS may provide for use in connection with the Software shall also be governed by this Agreement, except to the extent that they are governed by a separate license agreement. Nothing in this Agreement will entitle Customer to receive the source code of the Software, in whole or in part. LIMITED USE OF SOFTWARE *************************************************************** Customer may use the Software only in and for the Customer’s own internal purposes and business operations. Customer will not permit any other person to use the Software, whether on a time-sharing basis, remote job entry or other multiple-user arrangement. Except as otherwise agreed pursuant to the terms of a multi-user license or other written agreement with SBS, the Software may only be installed on one (1) computer (provided, however, that the Customer may install the Software on one (1) additional computer if that computer is a laptop, home computer or other secondary computer of which Customer is the primary user and such secondary computer is not used to run the Software at any time that the Software is being run on Customer’s primary computer). Customer may also make two back-up, archival copies of the Software. A replacement copy of the Software will be provided in the event that Customer loses or damages the Software. Customer will reproduce all confidentiality and proprietary notices on each of these copies and maintain an accurate record of the locations of each of these copies. Customer may not otherwise copy, translate, modify, adapt, decompile, disassemble, or reverse engineer the Software, except as and to the extent specifically authorized by applicable law. In no event will Customer deactivate any security codes. If the Software is an upgrade from a prior version of the Software, Customer must possess a valid license for the prior version in order to use the upgraded version. Customer may continue to use the prior version of the Software on Customer’s computer after receipt of the upgraded version in order to facilitate Customer’s transition to the upgraded version provided that the prior and upgraded versions are installed on the same computer and Customer acknowledges that SBS shall not, unless otherwise agreed in writing, have any obligation to continue to support the prior version. TERM OF LICENSE *************************************************************** The license granted under this agreement is based upon a subscription period, that is, for a limited period of time. The subscription period is determined at the time of purchase by the Customer and may be renewed at the end of the subscription period. This Agreement will be automatically terminated if the Customer fails to comply with ANY of the terms contained herein. The Customer may terminate this Agreement, without right to refund, by notifying SBS of such termination. Upon termination of this Agreement for any reason, all rights granted to Customer hereunder will cease, and Customer will promptly (a) purge the Software from all computer systems, storage media and other files, (b) destroy any CD ROMs, diskettes, manuals or other tangible manifestations of the Software and all copies thereof, and (c) if requested, send to SBS a letter which certifies that Customer has complied with these termination obligations. DISCLAIMER OF WARRANTY *************************************************************** EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM AND USAGE, PRIOR ORAL OR WRITTEN STATEMENTS BY ANY SBS REPRESENTATIVE, RESELLER OR OTHER PERSON, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED, AND DISCLAIMED. NO WARRANTY OR REPRESENTATION IS MADE THAT THE SOFTWARE WILL MEET THE CUSTOMER’S PARTICULAR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE IN ITS OPERATION OR THAT ANY DEFECTS OR CLAIMED DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON STATUTORY OR IMPLIED WARRANTIES OR ON THE RIGHTS OF INDIVIDUAL CONSUMERS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. LIMITATIONS OF LIABILITY *************************************************************** UNDER NO CIRCUMSTANCES WILL SBS OR ITS RESELLERS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CUSTOMER’S CLAIMS OR THOSE OF ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SOFTWARE, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK, OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SBS, ITS RESELLERS AND REPRESENTATIVES EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT THAT DIRECTLY CAUSED THE DAMAGE OR GAVE RISE TO A CLAIM. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON LIABILITY WITH RESPECT TO INCIDENTAL AND CONSEQUENTIAL DAMAGES OR IN THE CASE OF DEATH OR PERSONAL INJURY SO THE FOREGOING MAY NOT APPLY TO YOU. U.S. EXPORT RESTRICTIONS *************************************************************** Customer acknowledges that the Software and all related technical information, documents and materials are subject to export controls under the U.S. Export Administration Regulations. Customer will (a) comply strictly with all legal requirements established under these controls, (b) cooperate fully with SBS or its resellers, in any official or unofficial audit or inspection that relates to these controls, (c) not export, re-export, divert or transfer, directly or indirectly, any such items to any restricted country or region listed in the U.S. Export Administration Regulation, and (d) not use or transfer such items for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons. Customer shall comply also with any export or similar restrictions of the country in which the Software is delivered for use, if other than the United States. SOFTWARE NOT INTENDED FOR USE IN HIGH-RISK SITUATIONS *************************************************************** The Software is not designed or intended for use in hazardous environments requiring fail-safe performance, including, without limitation, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage. SBS HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH PURPOSES. USE WITH THIRD PARTY PRODUCTS OR SERVICES *************************************************************** THE CUSTOMER ACKNOWLEDGES THAT SBS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES (AND SBS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO: (A) THE CONTENT OR ACCURACY OF THE CONTENT OF ANY THIRD PARTY DATABASE OR OTHER PRODUCT OR SERVICE WITH WHICH THE SOFTWARE MIGHT BE USED, (B) WHETHER SUCH THIRD PARTY DATABASE OR OTHER PRODUCT OR SERVICE, OR THE USE THEREOF, WHETHER ALONE OR IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, APPARATUS OR METHODS, IS OR WILL BE FREE FROM INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR (C) ANY OTHER MATTER PERTAINING TO SUCH THIRD PARTY DATABASE OR OTHER PRODUCT OR SERVICE; AND SBS SHALL HAVE NO LIABILITY IN THIS REGARD. Customer represents and warrants to SBS that Customer will be properly licensed to use or access any third party database or other product or service with which the Software is used and Customer agrees to indemnify SBS against and from any liability (including, without limitation, reasonable attorney’s fees) arising from any claim of unauthorized or improper use of any such third party database or other product or service by Customer. U.S. GOVERNMENT RESTRICTED RIGHTS *************************************************************** The Software and all associated documentation are ‘Commercial Items,’ as that term 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. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. INSPECTION *************************************************************** During the term of this Agreement, SBS or its representative may, upon reasonable prior notice to Customer, inspect all files, computer processors, equipment, and facilities of Customer during normal business hours to verify Customer’s compliance with this Agreement. While conducting such inspection, SBS or its representatives will be entitled to confiscate and delete any item that Customer may posses in violation of this Agreement. MISCELLANEOUS *************************************************************** This Agreement will be governed by and interpreted in accordance with the law of the State of New York (USA), without giving effect to principles of conflict of laws. Any lawsuit, arbitration or other proceeding arising out of this Agreement or Customer’s use of the Software shall be venued in Nassau County, New York or in the United States District Court for the Eastern District of New York. This Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement, which shall remain in full force and effect to the maximum extent permitted by law. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between SBS and Customer with respect to its subject matter.
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