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

Non-commercial Use Only

Gmail Notifier 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 Google's permission if you want to sell the Gmail Notifier 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 Gmail Notifier.

In that case, please send an email to [notifier-feedback@google.com]. Furthermore, you may not use Gmail Notifier in any manner that could damage, disable, overburden, or impair any of Google's services (including, without limitation, the Gmail service), nor may you use Gmail Notifier in any manner that could interfere with any other party's use and enjoyment of any of Google's services.

You may make copies of the Gmail Notifier 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 Gmail Notifier to them. If you have any questions regarding the terms of distribution, please send an email to [notifier-feedback@google.com].

If you have comments on Gmail Notifier or ideas on how to improve it, please email [notifier-feedback@google.com]. Please note that by doing so, you also grant Google and third parties permission to use and incorporate your ideas or comments into Gmail Notifier (or third party software) without further compensation.

Intellectual Property

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

Disclaimer of Warranties

Google and any third party who makes its software available in conjunction with or through the Gmail Notifier disclaim any responsibility for any harm resulting from your use of the Gmail Notifier and/or any third party software accessed in conjunction with or through the Gmail Notifier.

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

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

Google's Gmail Service

Gmail Notifier is designed to be used in conjunction with Google's Gmail service. Accordingly, your use of Gmail Notifier is also defined by the Gmail Terms of Use, Program Policies, and Privacy Policy.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California 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 Google and/or a third party who make its software available in conjunction with or through the Gmail Notifier.

June 2004