Delta search support@delta-search.com

Terms of Use

IMPORTANT - PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS AGREEMENT SHALL GOVERN YOUR USE OF DELTA SOFTWARE, SERVICE AND SITE, IF, AFTER READING THIS AGREEMENT, YOU WISH TO USE THE DELTA SOFTWARE, WEBSITE AND ITS FEATURES AS DESCRIBE LATER.

This combined End User License Agreement / Terms / and Privacy policy (The "Agreement") constitutes a valid and binding agreement between Delta (as this term is defined below), which governs the use of the Delta Website, Software and its features and you, for the use of the Delta Toolbar, Content and Services as defined below. You must enter into this Agreement in order to install and use the Delta Toolbar.

1. Features:
When you download the Delta Software, you will receive the following software features:

1.1 Delta Toolbar Platform
Delta Toolbar provides a desktop applications platform which allows publishers to develop, maintain and publish their own applications or software (“Third Party Software”). Third Party Software is a software application including any content, links or materials that are made available to you by the publisher via the Software. Such Third Party Software may be specifically customized by a publisher and may include the publisher's branding or other content owned or licensed to the publisher.

1.2 Your use of any Third Party Software is subject to any terms and conditions provided with such Third Party Software and are not governed by this End-User License Agreement (hereinafter “EULA”).

1.3 Delta Toolbar does not have any obligation to test Third Party Software and is not responsible for the appropriateness, completeness, stability or legality of any Third Party Software and you hereby waive any legal or equitable rights you have or may have against Delta Toolbar with respect thereto.

1.4 As part of the installation process of the Software, publisher may offer changes to your Internet Browser settings. These changes if approved by you can be reconfigured by you at any time from the options dialog available on your Internet Browser. Such changes may include the following:

1.4.1 The homepage of your Internet Browser

1.4.2 The default search engine in your Internet Browser's built-in search box

1.4.3 The page displayed when opening a new tab

1.5 Uninstall
To uninstall the Software, you may use the standard uninstall procedures offered by your computer's Operating System or your Internet Browser.

1.5.1 Uninstall from Internet Explorer – from Windows "Add/Remove Programs" dialog, find the Software in the list of installed applications and click on it, and then click on the "Uninstall" button.

1.5.2 Uninstall from Firefox – from the "Extensions" menu, find the Software in the list of installed extensions and click on it, the click on the "Uninstall" button.

1.6 Third Party Code; Notice and Attribution. The Delta Toolbar includes third party software subject to open source license terms, including, without limitation, the following applications: Compression Algorithm, PCRE, Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows:

1.6.1 Firefox Plug-ins: Copyright © 1998 Netscape Communications Corporation. All Rights Reserved.

1.6.2 NSIS Toolkit and Plug-ins: Copyright © 1995 – 2009 Contributors as identified at http://nsis.sourceforge.net/Main_Page

Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the Delta Toolbar. You acknowledge and agree that your right to use these publicly available components of the Delta Toolbar is governed by the terms applicable to each application (“Other Software Terms”). In the event of any conflict with the express terms of this Agreement and the Other Software Terms, the Other Software Terms of such publicly available license shall control your use of the relevant application. In no event shall the Delta Toolbar be deemed “open source” or “publicly available” software.

BY CLICKING ON THE "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE ACCOMPANYING SOFTWARE PRODUCT AND SERVICES (WHICH CONSIST OF THE " DELTA " SOFTWARE AND ITS ASSOCIATED FEATURES) OR BY INSTALLING OR USING THE SOFTWARE, THE END USER ("YOU") AGREES TO BE LEGALLY BOUND BY THE DELTA TOOLBAR COMBINED END USER LICENSE AGREEMENT/TERMS OF SERVICE/AND PRIVACY POLICY (THE "AGREEMENT").

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE DELTA TOOLBAR.

THE SOFTWARE (ASIDE FROM THE DELTA TOOLBAR FOR FIREFOX) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL.

2 License Grant.
The Delta Toolbar is being licensed to you by Delta Toolbar on an "AS IS" basis, for your private personal use only. Subject to the terms of this Agreement, Delta Toolbar and its current, and future , parent and subsidiary companies (collectively "Licensor", "we", "us" or "our") hereby grants you a limited, non-exclusive, personal, non-sub licensable, non-assignable license to download, install and use the Delta Toolbar, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Delta Toolbar") onto a computer for your sole use to install, interact with and utilize the Delta Toolbar, including the content and features contained therein and the services and the Network related thereto ("Services"). The Delta Toolbar may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the Delta Toolbar.

3 License Conditions.
(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, Delta Toolbar or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Delta Toolbar, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Delta Toolbar or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Delta ; (iv) export or re-export the Delta Toolbar in violation of export laws; (v) use the Delta Toolbar or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the Delta ; or (vi) use the Delta Toolbar or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the Delta Toolbar or Services by monitoring, interdicting or intercepting any process of the Delta Toolbar or the Network; and (viii) use any type of bot, spider virus, worm, clock, software lock ,timer, counter, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, damage , delete or disassemble the Delta Toolbar, the Services or the Network. Furthermore, you may not use the Delta Toolbar or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, hateful or obscene ; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Delta Toolbar or Services, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (a real identity, an alias or an online nickname).

The Delta Toolbar and Services may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Delta Toolbar to enforce any of your rights. All modifications or enhancements to the Delta Toolbar and Services remain the sole property of Delta Toolbar. You understand that Delta Toolbar, in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the Delta Toolbar at any time, and may at any time suspend or terminate any license hereunder and disable any Delta Toolbar you may already have accessed or installed without prior notice. Delta reserves the right to add additional features or functions to the Delta Toolbar. When installed on your computer, the Delta Toolbar periodically communicates with Delta Toolbar servers. We may require the updating of the Software on your computer when releasing a new version, or when making new features available. This update may transpire automatically or through other means. You understand that we may need your review and acceptance of our then-current END USER LICENSE AGREEMENT/TERMS OF SERVICE/PRIVACY POLICY before you will be allowed a limited license for any later versions of the Software. You acknowledge and agree that Delta has no obligation to make available to you any subsequent versions of its software applications.

4 Permission to Utilize
In order to receive the benefits provided by the Delta Toolbar, you hereby grant permission for the Delta Toolbar to utilize the processor and bandwidth of your computer, only in order to provide you with the Services that are selected or provided by the Publisher.

5 Risks
DELTA IS TAKING REASONABLE MESURES IN ATEMPT TO KEEP THE Delta Toolbar AND SERVICE SECURE. HOWEVER, LIKE ALL OTHER INTERNET SOFTWARE PROVIDERS, THE SOFTWARE, SERVICE AND SITE MAY STILL BE VULNERABLE TO VARIOUS SECURITY ISSUES AND FOR THAT REASON, SHOULD NOT BE CONSIDERED SECURE.

IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE Delta Toolbar OR SERVICE.

6 Proprietary Rights
The Delta Toolbar and Services contain proprietary and confidential information of Delta Toolbar, including trade secrets, copyrights, and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Delta Toolbar, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Delta Toolbar and its suppliers, and except for the limited license granted to you, Delta Toolbar reserves all right, title and interest in and to the Delta Toolbar. You shall not take any action to jeopardize, limit or interfere with Delta Toolbar's ownership of and rights with respect to the Delta Toolbar and Services. You acknowledge that any unauthorized copying or unauthorized use of the Delta Toolbar or Services is a violation of this Agreement and copyright laws and is strictly prohibited.

7 Term; Termination, Amendment.
(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.

(b) You may terminate this Agreement at any time provided you cease all use of the Delta Toolbar and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the Delta Toolbar in your possession. Delta may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the Delta Toolbar and/or Services.

(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Delta Toolbar and the Services shall terminate and you must remove the Delta Toolbar from your computer equipment and dispose of all originals and copies of the Delta Toolbar in your possession

(d) Delta will occasionally update this Agreement and Privacy Policy. When such changes take place, we will also revise the "Effective Date" of the Privacy Policy. For material changes to this Agreement or Privacy Policy, you will be notified by Delta as it will place prominent notice on its Web site. Delta encourages you to periodically review this Agreement and Privacy Policy.

8 Installation, Operation and Removal
UPON INSTALLATION, the Delta Toolbar will be added to your Internet browser in the form of a toolbar. The toolbar features, widgets and controls are determined by the Publisher. It also provides you with a search box, and easy access to powerful Web search directly from your browser. Delta Toolbar for Internet Explorer can be minimized by right clicking the toolbar and selecting it. In addition, you will receive Delta Toolbar Search Assistance feature which provides you with relevant search results when you place a search query in the browser address bar (as described above under Search Assistance)

When a user uses one of Delta Toolbar search feature to search the Web, the query reaches the publisher servers. As all standard Web pages, besides the keyword query, it includes information such as IP address, default language setting, browser type, and an anonymous unique ID. Delta Toolbar uses this information in order to appropriately process your search request and to serve you relevant and better search results.

The Delta Toolbar sends a configuration request when you start your browser. This request includes only data such as browser type & IP address. In addition, occasionally Delta Toolbar platform may send a request to our servers to check for new version releases.

All of the collected information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering better search services and content in accordance with your preferences.

Importantly, all collected information of search queries are recorded on a non-personally identifiable basis and kept strictly anonymous. All search activity information is researched and evaluated only on an aggregated basis (except in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, statute, subpoena, or court order, or to protect someone's safety.

Delta Toolbar constantly follows activity and usage of the Delta Toolbar. By analyzing the aggregated information on usage of our product, Delta Toolbar can improve the product and offer you better service.

Delta reserves the right to disclose any information it deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Delta its employees or the public. Delta Toolbar also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Delta's sole discretion.

The Delta Toolbar also uses "cookies". We use the cookies to store a code designating a distribution source for the Delta Toolbar. This information allows us to properly distinguish Software for purposes of compensating third parties who distribute our product and to analyze retention and usage on an aggregated basis. The Software also uses cookies to store user preferences. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties, except as required by a valid legal process such as a search warrant, statute, subpoena, or court order or to protect someone's safety.

If you wish to withdraw your consent to any of Delta Toolbar features as described herein, you should uninstall the Software from your computer. Uninstall instructions are detailed above

9 Privacy Policy
This privacy policy applies to the Delta Toolbar and each of the related Web sites (the "Web Sites") maintained by Delta Toolbar ("we" or "us"). In the event of any inconsistency between this privacy policy and a policy listed on one of the other Web Sites, this policy shall control.

We do not collect personal identification information including names, phone numbers and addresses. We do collect information necessary to enable certain features in Delta Toolbar Platform. We do not sell, rent or trade any personally identifiable information you provide when using the Delta Toolbar or the Web Sites.

We gather certain information such as internet protocol (IP) addresses, browser user agent, referring page, date/time stamp and cookies automatically. We use such information to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information to better provide our services.

When you visit the Delta Web Sites, we may place a small text file-called a "cookie"-on your computer that allows us to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or the Software. The search feature sends a request to our servers while processing a search query that you have inputted. This request includes the keyword query, source (Toolbar, IE bar, related links, etc…) and all HTTP data transferred automatically by the browser (IP Address, User Agent, Cookies, etc…). We use this information in order to properly process your search request. For example, this data provides us with information on which language you prefer to use and your geographical location. Such information is recorded on a non-personally identifiable basis and is kept strictly anonymous.

If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relating to a Web Site or the Software are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement.

10 Your Representations and Warranties
(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Delta Toolbar and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Delta Toolbar or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by Delta with respect to the Delta and/or data transmitted, processed or stored by Delta Toolbar or other users of the Delta Toolbar, (iv) you will not take any steps to interfere with or in any manner compromise any of Delta Toolbar's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by Delta Toolbar, and (vi) you will only use the Delta Toolbar and Services on a computer on which such use is authorized by the computer's owner.

(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Delta Toolbar, Network or Services, except to remove the Delta Toolbar from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Delta Toolbar, Network or Services. Delta reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

(c) If Delta has reasonable grounds to suspect that your representations, promises or warranties are inaccurate or breached, Delta may terminate this license, deny any or all use of the Delta Toolbar and/or Services, and pursue any appropriate legal remedies.

11 Submissions
If at our request you send content (e.g., postings, contest submissions,surveys, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Delta . None of the Submissions shall be subject to any obligation of confidence on the part of Delta Toolbar, and Delta shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Delta shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

12 Indemnity
You agree to indemnify, hold harmless and defend Delta Toolbar and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney fees and other dispute resolution expenses) incurred by Delta arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Delta Toolbar and/or Services.

13 Links and Search Results
The Software may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14 Disclaimer of Warranties
(a) THE Delta Toolbar AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Delta. EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Delta Toolbar OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Delta FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Delta OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE

(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE DELTA TOOLBAR AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) THE DELTA TOOLBAR MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO DELTA TOOLBAR. YOU AGREE THAT Delta Toolbar WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL , INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 13 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.

(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you.

15 Limitation of Liability (a) IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL DELTA TOOLBAR, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS OF ANY TYPE , DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE DELTA TOOLBAR OR THE SERVICES, EVEN IF Delta Toolbar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Delta Toolbar AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH DELTA TOOLBAR AND SERVICES.

(c) IN NO EVENT WILL DELTA TOOLBAR’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS OR DAMAGES SHALL EXCEED THE LOWER OF (I) AMOUNT DELTA TOOLBAR RECEIVED FROM YOU FOR THE LICENSE; OR (II) $100 USD, EVEN IF DELTA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

16 Customer Support
Delta may, but is not required to, provide you with customer support ("Support"). Delta may terminate any Support it provides at any time in its sole discretion.

17 Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "I ACCEPT" or such similar links as may be designated by Delta to download the Delta Toolbar to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE DELTA TOOLBAR OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

18 General Provisions.
In this Agreement, the term "Delta" means Babylon Ltd. Delta reserves all rights not expressly granted herein. Delta may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at Delta info.delta-search.com. Your continued use of the Delta Toolbar and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and Delta. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Delta Toolbar at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Israel without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Israel and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Delta Toolbar and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Delta may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE DELTA TOOLBAR, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO DELTA TOOLBAR THE RIGHTS SET FORTH HEREIN.