Before you can install eBay Toolbar, you must agree to the following End User License Agreement. By clicking the Agree button, you are acknowledging that you have read and agree to abide by the End User License Agreement.

By using this software ("eBay Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions").

eBay Toolbar Use
eBay International AG ("eBay") grants you a non-exclusive right to use the eBay Toolbar for your personal, non-commercial use only, subject to these Terms and Conditions. You may not modify, copy, publish, license, or sell any information or software associated with the eBay Toolbar. You may not rent, lease, transfer or otherwise transfer rights to the eBay Toolbar. Furthermore, you may not use the eBay Toolbar in any manner that could damage, disable, overburden, or impair the eBay site (www.ebay.co.uk) ("eBay Site"), nor may you use the eBay Toolbar in any manner that could interfere with any other party's use and enjoyment of the eBay Site. You agree that you will use the eBay Toolbar only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the eBay Toolbar will terminate immediately if you breach any provision of these Terms and Conditions or if eBay withdraws the eBay Toolbar for any reason in its sole discretion. Upon termination, you must immediately cease use of the eBay Toolbar.

Third Party Software
The eBay Toolbar may contain or include software ("Third Party Software") that is developed by a third party ("Third Party Licensor"). The Third Party Licensor hereby grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free, limited licence to install and use the object code version of the Third Party Software. Title and ownership of the Third Party Software will remain with the Third Party Licensor. All rights except those expressly granted to you will be reserved to the Third Party Licensor.

You may use the Third Party Software only for your own internal purposes. You will not: (a) use the Third Party Software to process or permit the Third Party Software to process data for any third party; (b) use the Third Party Software in operation of a service bureau; or (c) unless otherwise agreed to, permit any subsidiaries, affiliated entities, or third parties to use the Third Party Software.

Intellectual Property
Except for the Third Party Software, you acknowledge that eBay owns all right, title and interest in and to the eBay Toolbar, including without limitation all Intellectual Property Rights. The Third Party Licensor retain owns all rights, title and interest in and to the Third Party Software. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, registered and unregistered 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. Unless permitted under applicable law, you agree not to modify, adapt, translate, prepare derivative works from, distribute, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the eBay Toolbar or the Third Party Software. You also agree to not remove, obscure, or alter eBay's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the eBay Toolbar.

Disclaimer of Warranties
The eBay Toolbar (including, without limitation, any spoof site detection technology contained within the eBay Toolbar) is provided free of charge on an "as is" basis, with no warranties whatsoever. eBay, its suppliers and its third party licensors expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of satisfactory quality, fitness for a particular purpose, the accuracy of any spoof site detection technology or data or any third party technology and non-infringement of proprietary rights. eBay disclaims any warranties regarding the security, reliability, timeliness, and performance of the eBay Toolbar.

Limitation of Liability Nothing under these Terms and Conditions shall limit eBay's liability for death or personal injury arising as a result of eBay's negligence.

You understand and agree that you download and/or use the eBay Toolbar 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 the eBay Toolbar.

Under no circumstances shall eBay, its suppliers or its third party licensors be liable to you or any user for any loss or damages whatsoever or howsoever caused arising directly or indirectly on account of your use or misuse of the eBay Toolbar. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, economic losses, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the eBay Toolbar, from the performance or non-performance of the eBay Toolbar, from inability to use the eBay Toolbar, or from the interruption, suspension, or termination of the eBay Toolbar (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.

Indemnification
You agree to indemnify and hold harmless eBay, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, its suppliers or any third party licensors and their parents, subsidiaries, affiliates, 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 any act or omission in connection with your use of the eBay Toolbar, any alleged breach of these Terms and Conditions, or your alleged breach of any applicable law or regulation. eBay reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

eBay's Site
The eBay Toolbar is designed to be used in conjunction with the eBay Site. Accordingly, your use of eBay Toolbar is also defined by the eBay UK User Agreement and Privacy Policy which can be found on the eBay Site.

Miscellaneous Provisions
You are responsible for complying with trade regulations and both foreign and domestic laws. You agree not to export or re-export the eBay Toolbar to any prohibited country, person, end-user or entity specified by (a) UK or European Union export laws or (b) any country subject to United States embargo or on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List. The Export Control Department (part of the UK Department of Trade and Industry) has detailed information on export controls at www.dti.gov/export.control/index.htm.

These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales . 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 eBay. eBay reserves the right to modify or change these Terms and Conditions from time to time where eBay has a valid reason, for example, to reflect changing legal, regulatory or commercial requirements. In such event, eBay will publish any changes on the eBay Site.

You acknowledge that eBay Inc has rights in the eBay Toolbar and that eBay, eBay Inc and Third Party Licensor has the right to enforce terms in these Terms and Conditions against you, including, without limitation, termination. eBay Inc and Third Party Licensor is an express third party beneficiary to these Terms and Conditions. Save for eBay Inc and Third Party Licensor, a person who is not a party to these Terms and Conditions, has no right under the Contracts (Rights of Third Parties) Act 1999 ("Act") to rely on or enforce any of these Terms and Conditions. Nothing in these Terms and Conditions shall affect any right or remedy of a third party which exists or is available apart from that Act.