Planet USA Software Terms and Conditions

Thank you for trying out the Planet USA software! By using Planet USA software (setup wizard, web accelerators, browser toolbars), including any third party software made available in conjunction with this software, ("Planet USA software") you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Non-commercial Use Only
Planet USA software is made available to you for your non-commercial use only. This means that you may use it at work or at home, to search for anything you want. But you first need to obtain Planet USA's permission if you want to sell the Planet USA software or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from the Planet USA software.

You may make copies of the Planet USA software and distribute such copies to others within your employer's organization provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others within your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, please do not distribute the Planet USA software to them. If you have any questions regarding the terms of distribution, please send an email to Support@PlanetUSA.net.

If you have comments on Planet USA software or ideas on how to improve it, please email Support@PlanetUSA.net. Please note that by doing so, you also grant Planet USA and third parties permission to use and incorporate your ideas or comments into Planet USA software (or third party software) without further compensation.

Intellectual Property
You acknowledge that Planet USA or third parties own all rights, title and interest in and to the Planet USA software, portions thereof, or software provided through or in conjunction with the Planet USA software, 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 Planet USA software. You also agree to not remove, obscure, or alter Planet USA'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 the Planet USA software.

Disclaimer of Warranties
Planet USA and any third party who makes its software available in conjunction with or through the Planet USA software disclaim any responsibility for any harm resulting from your use of the Planet USA software and/or any third party software accessed in conjunction with or through the Planet USA software.

THE PLANET USA SOFTWARE IS NOT SPYWARE AND DOES NOT INTERFERE, ADVERTISE OR COLLECT ANY INFORMATION FROM YOU OR YOUR COMPUTER.

THE PLANET USA SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLANET USA SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PLANET USA 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. PLANET USA AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLANET USA SOFTWARE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF PLANET USA SOFTWARE AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE PLANET USA SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLANET USA SOFTWARE 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 PLANET USA SOFTWARE 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 PLANET USA OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLANET USA SOFTWARE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF PLANET USA SOFTWARE 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 PLANET USA 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 THE PLANET USA SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLANET USA SOFTWARE, FROM INABILITY TO USE PLANET USA SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLANET USA SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PLANET USA SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLANET USA SOFTWARE (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.

Planet USA's third party services
Planet USA software is designed to be used in conjunction with Google's search services and Slipstream Data acceleration services. Accordingly, your use of Planet USA software is also defined by Planet USA's Terms of Service and Privacy Policy.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to the conflict of laws provisions of North Carolina 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 Planet USA and/or a third party who make its software available in conjunction with or through the Planet USA software.