Thank you for considering the addition of KallOut to the suite of desktop services that improve your use of the computer. We hope you enjoy using KallOut which is the first application to enable selection-based search results in the context of any web page, e-mail, presentation, spreadsheet or document.
By clicking I Agree button or using this software, ("KallOut" or “KallOut Software”), you agree to be bound by the following software license terms and conditions (the "Agreement" or “Software License”). If you disagree with any of the terms below, KallOut does not grant you a license to use the KallOut Software and you should click “Cancel” to exit the installer.
Your registration data and certain other information are subject to our Privacy Policy and the Terms of Service Software License. KallOut reserves the right to change or update these documents and license terms from time to time. The most current versions are available for your reference at KallOut.com and KallOut may post a new version of these without notice to you. Your continued use of the KallOut software after such a change constitutes your acceptance of such changes.
KallOut is made available to you for your non-commercial use only. This means that you may use it at work or at home. But you first need to obtain the written permission from KallOut, Inc. if you want to sell KallOut 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 KallOut. In that case, please send an email to support@KallOut.com.
You may make copies of KallOut and distribute such copies to others without compensation. If such distribution is within your employer's organization then any such recipient must have an opportunity to review and agree to be bound by this Agreement. 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 this Agreement. If you do not have this right and the recipients do not have an opportunity to review and agree to this Agreement, you may not distribute KallOut to them. If you have any questions regarding the terms of distribution of KallOut, please send an email to support@KallOut.com.
You may not use KallOut in any manner that could damage, disable, overburden, or impair KallOut's servers. You may not use KallOut in an automated manner, or use automated tools to click on or interact with links to advertisers in KallOut. You may not interfere with the data transmitted to or from KallOut or KallOut's servers.
If you have comments on KallOut or ideas on how to improve it, please email support@KallOut.com. Please note that by doing so, you also grant KallOut permission to use and incorporate your ideas or comments into KallOut without further compensation.
KallOut will occasionally provide you with automatic updates, upgrades, and add-ons ("Updates") to KallOut to improve your experience. KallOut automatically communicates with KallOut's component server on the internet to check for Updates, such as bug fixes, patches, enhanced functions, missing plug-ins and missing components. If you are not running the latest version of KallOut, you will be notified to upgrade by a message in the system tray.
KallOut may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the KallOut Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. KallOut may change, suspend, or discontinue any aspect of the KallOut Software at any time, including the availability of any KallOut Software feature, database, or content. KallOut may also impose limits on certain features and services or restrict your access to parts or all of the KallOut Software or the KallOut.com web site without notice or liability.
KallOut does not collect any unique information about you (such as your name, email address, etc.). KallOut does not collect or report back to KallOut servers any data unrelated to the features used in connection with KallOut. In connection with the delivery of page previews, Best Guess menu suggestions and content, KallOut does communicate with our servers and may use cookies. All such activities are conducted strictly on a non-personally identifiable basis.
In the course of processing a given web page preview, pre-fetch, Best Guess menu suggestion or choice of a KallOut Enhanced Content Provider, KallOut sends a request to KallOut's servers or the servers of KallOut's Enhanced Content Providers. This request may include the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the distribution source of KallOut used by you to conduct your search. Any information that is sent to KallOut is only used to properly process your KallOut request.
To support our Best Guess menu suggestions, we may also send the context of the keyword in terms of the web page the term is on and general non-personally identifiable information such as the user’s age, sex and location to aid the KallOut search services in providing a smart set of Best Guess menu suggestions. This extra contextual information allows KallOut to disambiguate your keyword’s search results and provide a better service. To protect your privacy, this additional contextual information which may include such data as the web page URL you are viewing is not stored on our servers but is merely processed by our software algorithms in support of your particular query and is then promptly deleted. By default, no contextual information is sent when the web page is a secure HTTPS page. In addition, if you don’t wish to allow KallOut to send this additional contextual information along with your keyword queries, you may use the KallOut Settings dialog to opt-out of sending this extra information to the KallOut servers.
In addition, this data provides us with: aggregated click information for the purpose of ensuring that our partners and/or we are appropriately compensated; information that allows us to make accurate payments to our distributors; non-personally identifiable data regarding the context of the page being viewed; aggregated usage and retention information; and non-personally identifiable information for the purpose of more accurately matching or further monetizing commercially-oriented searches for services or products.
If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall any and all KallOut versions from your computer.
KallOut, Inc. reserves the right to run advertisements and promotions on the KallOut software. By accepting the terms of this License, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, type, frequency, placement and extent of advertising are subject to change and shall be determined at our sole discretion. In order to support certain advertising formats, KallOut may need to provide non-personally identifiable information about you to the advertisers or use such information to display the most relevant or appropriate ad. In addition, KallOut will track your number of ad views, ad clicks, ad attention (e.g., how many seconds you watch a video ad), ad responses (e.g., filling out a survey, registration form or coupon) and other actions for which advertisers may be willing to compensate KallOut.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through KallOut, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KallOut, Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on KallOut.
KallOut is free for your personal use and we expect it to remain that way due to the ability of KallOut to earn revenue from the advertisements that run in various parts of the KallOut Software. However, KallOut reserves the right to charge fees for future use of or access to all or part of the KallOut Software or the KallOut services and web sites (collectively, "KallOut Software Services") in KallOut’s sole discretion. If KallOut decides to charge for the KallOut Software Services, such charges will be disclosed to you in a manner that allows you to either opt-in to these payment obligations for continued access to the KallOut Software Services or opt-out and discontinue your use of the KallOut Software Services.
You acknowledge that KallOut owns all rights and title to, and interest in KallOut, portions thereof, or software provided through or in conjunction with KallOut, 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 KallOut. You also agree to not remove, obscure, or alter KallOut'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 KallOut.
The KallOut Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. KallOut and KallOut’s Licensors own all rights and title to, and interest in their applicable contributions to the KallOut Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by KallOut including (but not limited to) the KallOut Software and KallOut trademarks, and creates no relationship between you and KallOut’s Licensors, or between you and KallOut other than that of KallOut to licensee.
KallOut disclaims any responsibility for any harm resulting from your use of KallOut.
KALLOUT IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. KALLOUT 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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KALLOUT DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF KALLOUT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE KALLOUT 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 KALLOUT. 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.
UNDER NO CIRCUMSTANCES SHALL KALLOUT BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF KALLOUT. 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 KALLOUT 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 KALLOUT, FROM INABILITY TO USE KALLOUT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF KALLOUT. 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.
The terms of this Agreement may change from time to time. You should check the website regularly to determine if any material changes have been made. We will post material changes on the KallOut website at least 14 days prior to the effective date of the change. You agree that your continued use of KallOut or our services after the effective date of any change to this Agreement will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to support@KallOut.com that you do not accept the successor Agreement and remove all of copies of KallOut from your computer and cease all access to and use of our services hereunder. Failure to remove KallOut from your computer will be deemed an acceptance of the terms of the most current Agreement.
If the KallOut Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the KallOut Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this Software License apply.
This Agreement will be governed by and construed in accordance with the laws of the State of California, County of Monterey, without giving effect to the conflict of laws and/or provisions of California or your actual state or country of residence.
Any controversy or claim arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Monterey, California and judgment on the arbitration may be entered into any court having jurisdiction thereof. Either you or KallOut, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Monterey, California as necessary to protect the rights of your property or KallOut Inc.'s property.
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes 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 this Agreement will be effective only if in writing and signed by KallOut.
Updated on April 12, 2008
