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Thank you for trying out Google Desktop Search! By using this software, including any third party software made available in conjunction with this software (“Google Desktop Search”), you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Non-commercial Use Only
Google Desktop Search is made available to you by Google Inc (“Google”) for your non-commercial use only. If you want to make commercial use of Google Desktop Search, including but not limited to selling or distributing Google Desktop Search for payment, you must enter into an agreement with Google or obtain Google's written permission in advance.

Prohibited Actions
You may not distribute Google Desktop Search or any services or software associated with or derived from it, or, except to the extent permitted by law, modify, copy, license, or create derivative works from Google Desktop Search, unless you obtain Google's written permission in advance. If you wish to do any of the above, please contact us by visiting desktop.google.com/feedback.html.

Distribution
Except where the making of a copy is permitted under Division 4A of the Copyright Act 1968 without Google's permission, (Cth) , you may only make copies of Google Desktop Search and distribute them to others after you have obtained Google's permission and provided that [any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others to whom you’d like to distribute Google Desktop Search do not have this opportunity to review and agree to these Terms and Conditions but you would still like to distribute copies to them, you may do so provided that you have the legal right to bind each of those third parties 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, you may not distribute Google Desktop Search to them.] If you have any questions regarding the terms of distribution, please contact us by visiting desktop.google.com/feedback.html.

Consent to Collect Non-Personal Information
Google Desktop Search may collect certain non-personally identifiable information that resides on your computer, including, without limitation, the number of searches done on your computer and the time it takes to see results on your computer. Unless you choose to opt out, either during installation or at any time after installation, non-personally identifiable information collected will be sent to Google. This information will be used by Google only for purposes of operating and improving future versions of Google Desktop Search and will not be disclosed to any third party or used for any purpose other than as described in this agreement. To learn more, please read the Privacy Policy located at desktop.google.com/privacypolicy.html.

Intellectual Property
You acknowledge that Google and third parties own all right, title and interest in and to Google Desktop Search, portions thereof, and software provided through or in conjunction with Google Desktop Search, 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, trade mark law, unfair competition law, and any and all other proprietary rights whether or not capable of registration, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Unless in accordance with a provision of the Copyright Act 1968 (Cth) (which by law may not be effectively excluded),you must not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Google Desktop Search, or to extract significant portions of Google Desktop Search's files for use in other applications. You also agree to not remove, obscure, or alter Google's or any third party's copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Google Desktop Search.

Feedback
If you have comments on Google Desktop Search or ideas on how to improve it, please visit desktop.google.com/feedback.html. Please note that by doing so, you also grant Google and third parties permission to use and incorporate your ideas or comments into Google Desktop Search (or third party software) without further compensation.

Changes to Terms and Conditions
Google reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at desktop.google.com/eulaau.html (or such successor URL as Google may provide), so that you will be apprised of any changes.

Disclaimer
Google Desktop Search is provided "as is". Google hereby disclaims solely to the extent permitted by law all express, implied and statutory warranties, conditions and terms including, without limitation, those regarding the security, reliability, timeliness, and performance of Google Desktop Search.

Limitation of Liability
Nothing in these terms and conditions shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees or for any other liability which may not by law be excluded.

Subject to anything stating the contrary in these terms and conditions, neither party shall be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms and conditions for:

(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

(b) any loss of goodwill or reputation; or

(c) any special, indirect or consequential losses;

in any case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these terms and conditions.

Where conditions, warranties or other rights are implied in these Terms and Conditions or otherwise conferred by the Trade Practices Act 1974 (Cth) or other laws, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to these Terms and Conditions. Other than as set out in these Terms and Conditions, all implied conditions, warranties and rights are excluded from these Terms and Conditions to the extent permitted by law.

At its option, Google's liability for breach of implied conditions or warranties is limited, to the extent permitted by law to:

(a) If the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of having the goods repaired; and

(b) If the breach relates to services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

Under no circumstances shall Google be liable to any user on account of that user's misuse of Google Desktop Search and neither party shall be liable for any matter which is outside that party’s reasonable control.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of New South Wales, Australia and you and Google hereby submit to the New South Wales courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions. 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 Google and/or a third party who makes its software available in conjunction with or through Google Desktop Search.