Moojo Horoscope

Moojo Terms and Conditions

END USER LICENSE AGREEMENT

INTERACTIVE MESSAGING LTD PRODUCTS AND SERVICES, AND TERMS AND CONDITIONS GOVERNING THIRD PARTY SOFTWARE

REDISTRIBUTION NOT PERMITTED

License for Interactive Messaging Limited Products and Services

IMPORTANT – READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement for certain Interactive Messaging Limited Products and Services (“License Agreement” or “Agreement”) is a legal agreement between you (either an individual or an entity) and Interactive Messaging Limited and its suppliers and licensors (collectively “IML” or “Interactive Messaging”) for: the Interactive Messaging software which may include components provided by suppliers and licensors to IML (“Software”) and/or Interactive Messaging services (“Services”). The Software may include any of the following Interactive Messaging products including any combination of such products and Alpha, Beta, trial, pre-release and free versions of the products (collectively, “IML Products”): MOOJO Horoscope Toolbar. The Services may include IML’s Services. The Services include product upgrade, support and access to content as described. By clicking on the “Accept” button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. NOTE: THIS DOCUMENT ALSO CONTAINS TERMS AND CONDITIONS GOVERNING THIRD PARTY SOFTWARE YOU MAY CHOOSE TO INSTALL. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.

PERSONAL INFORMATION YOU PROVIDE TO INTERACTIVE MESSAGING LIMITED IS GOVERNED BY THE PRIVACY POLICY AT

http://horoscope.moojo.com/privacy_policy.php

YOU AGREE THAT YOUR USE OF THE SOFTWARE AND/OR SERVICES ARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

ANY THIRD PARTY SOFTWARE ARE, INCLUDING ANY THIRD PARTY’S PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY’S LICENSE AGREEMENT, IF AN ELECTRONIC COPY OF SUCH LICENSE AGREEMENT IS INSTALLED IN THE APPROPRIATE IML PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. INTERACTIVE MESSAGING IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.

1. GRANT OF LICENSE.

IML hereby grants to you a non-exclusive license to use the Software and any related documentation (“Documentation”) subject to the following terms:

a) You may: (i) use the Software on any single computer; and (ii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software’s proprietary notices.

b) The Software may include certain plug-in components (“Plug-Ins”), including the ActiveX Control, Java plug-in, and IML extra plug-in. You may only call to or otherwise use such Plug-Ins through the use of the MOOJO Horoscope Toolbar. Any direct use of Plug-Ins through a non-IML proprietary application, including a custom or user-written application is prohibited by this Agreement.

c) IML may modify this License Agreement at anytime without further notice. It is the end-user responsibility to periodically check for the updated terms including the communication features in the End User License Agreement.

2. LICENSE RESTRICTIONS.

a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your license to the Software.

b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

c) You may only use the Software for your private, non-commercial use. You may not use the Software in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to horoscope texts, which are downloaded or copied using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.

d) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

e) The Software embodies an installation tracking system. You may not circumvent or attempt to circumvent this system by any means.

3. AUTOMATIC COMMUNICATIONS FEATURES.

a) The Software consists of interactive Internet applications that perform a variety of communications over the Internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By installing and/or using the Software, you consent to the Software’s communications features. Once you log into the Software, user information including your user profile and email contacts will be sent in communications with IML’s servers. This information is used to access your regular account, content, services, features, and other personalized services. IML may match the user id to personally identifiable information in order to provide you with products, services, and software that you’re entitled to and to provide you with relevant information. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.

b) Cookies: The Software allows the use of cookies.

c) AutoUpdate: The MOOJO Horoscope Toolbar using AutoUpdate, automatically communicates with IML’s servers on the Internet to check for updates to IML’s and IML’s partner’s software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. AutoUpdate also has the capability to run independently of MOOJO Horoscope Toolbar to perform background update checks. IML may download updates during the background checks, when MOOJO Horoscope Toolbar automatically communicates with IML’s servers, when you manually check for updates. AutoUpdate sends information about installed Interactive Messaging’s products and components to the servers to determine upgrade availability.

d) Search Keywords Manager: An application Search Keywords Manager is installed along with MOOJO Horoscope Toolbar. Once installed, it runs independently of MOOJO Horoscope Toolbar. The Search Keywords Manager collects user keywords in search engines and communicates with Interactive Messaging’s servers to maintain the keyword list in order to provide more user-oriented services and products offers.

4. THE INSTALLATION IDENTIFICATION.

The installation identification interacts with your computer in the following ways:

1.Hardware information: In order to download the appropriate software, MOOJO Horoscope must send certain anonymous information about the hardware on your computer to the IML download server. Once the software is installed, information about your hardware will be stored temporarily in the server for validation tracking.

2.Personal information: MOOJO Horoscope will generally not associate itself with any personal information in MOOJO Horoscope Toolbar or anywhere else on your computer unless for the proper function of the software. IML’s use of any personal information is governed by the Privacy Policy (http://horoscope.moojo.com/privacy_policy.php). IML does not share with third parties any personal information you provide in connection with our products without first obtaining your informed consent.

3.Usage information: IML may keep statistics on the aggregated anonymous use of the MOOJO Horoscope Toolbar.

5. TITLE.

Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in IML and/or its suppliers. The Software and the Services are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software and the Services (“Content”) shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content.

6. WARRANTIES AND LIABILITIES.

For the Free, Trial, Pre-Release, Alpha, and Beta versions of IML Products, the Services and the Content, the following terms apply:

DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IML FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IML BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE CONTENT, EVEN IF IML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IML’S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IML DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH IML.

7. INDEMNIFICATION.

You agree to indemnify and hold harmless IML, IML Licensors and their subsidiaries, affiliates, joint ventures, suppliers, 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 MOOJO Horoscope Toolbar or its features, any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law or regulation. IML and the IML Licensors reserve the right, at their 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.

8. TERMINATION.

This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from IML to effect such termination. You may also terminate this License Agreement at any time by notifying IML in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall within three (3) days return to IML, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by IML. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

9. NO ASSIGNMENT.

This Agreement is personal to you, and may not be assigned without IML’s express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. IF IML does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, IML may terminate this Agreement on thirty (30) day’s written notice. Both parties shall perform under this Agreement until such termination is effective.

10. TECHNICAL SUPPORT.

Technical support for the Software, as made available by IML, is described at MOOJO technical support website: http://horoscope.moojo.com/contactus.php.

11. IMPORTANT—MISCELLANEOUS.

a) Arbitration & Jurisdiction. You and IML agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services, or your use of the Software or Services shall be final and binding arbitration. Any dispute arising from or relating to the Products or Services, including the interpretation of these General Terms and Conditions shall be resolved by binding arbitration according to Arbitration Laws of Hong Kong. For all other countries, the EULA will be governed by the substantive law, excluding the private international law rules, of the country of principal residence of the IML. The arbitration will be carried out before 3 arbitrators, each of the parties will appoint one arbitrator and the third will be chosen by HKIAC in accordance with HKIAC Procedures for Arbitration. The arbitration will be conducted in the English language. Any arbitral award will be final and binding on the parties. The expense of the arbitration will be borne between the parties as determined by the arbitrators. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services or your use of the Software or Services shall be governed by the laws of Hong Kong, SAR and settled by arbitration at the Hong Kong International Arbitration Centre (“HKIAC”) in Hong Kong under the Hong Kong Arbitration Ordinance.

b) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by IML or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of IML. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. To the extent their exclusion of permissible, the terms of the United Nations Convention on the International Sale of Goods will not apply to this contract, even where they have been adopted as part of the domestic law of the country whose law governs the contract. If either party initiates legal proceedings to enforce a term of this Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees.