LICENSE AGREEMENT AND TERMS OF SERVICE FOR Buscalisto

IMPORTANT:

The following terms and conditions (these "conditions") govern the access to and/or use of the service www.buscalisto.com (the "website") and the content, as described below. Any person who uses and/or accesses the website (a "user") thereby indicates that he/she understands and agrees to these conditions. Please read these conditions carefully as your access to and use of the website and the content means that you have read, understand and accept, without reservation, these conditions.

In some cases, access to and/or use of specific content accessible through the website may be subject to specific conditions that complement or modify the present conditions. These specific conditions are accessible from the web page containing the content to which they relate or are provided when such content is accessed. The specific conditions will always prevail over these conditions.

The Website is managed by Favorit Network SL ("Provider") registered in Spain (Corporate Register B-369053, folio 200, tomo, 40.606) with VAT number B-64903016 and address at Rambla Catalunya 12 2-2, Barcelona 08007, Spain. If you have any questions related to these conditions, please go to www.buscalisto.com.

1. GENERAL

1.1 Through the Website, User may browse and search links to other websites in accordance with these Conditions and the Software licence as described herein. These Conditions govern the use of the Software and the Service by the User and constitutes a license agreement between the Provider and User who indicates that he/she understands and agrees to these Conditions and consents to the downloading and the operation of the Software on his/her computer.

1.2 User agrees to access and/or use the Website in accordance with these Conditions (including the Software licence herein), the relevant applicable conditions for the use of specific Content or services, applicable law and accepted principles and practices, indemnifying the Provider and any third parties for any loss or damage that may be caused by User as a result of breaching these obligations.

2. PERSONAL DATA PROCESSING

If in some cases it is necessary to provide any personal data (i.e. by filling out a registration form) in order to use and/or access specific Content, the registration process and the processing of such data will be carried out in accordance with the Provider's Privacy Policy and the applicable Data Protection laws. Click the link in the Website to read Provider’s Privacy Policy.

3. SERVICE CONDITIONS

3.1 In accordance with these Conditions, Provider makes accessible its search-engine called "Buscalisto" (the "Software"). Buscalisto is a search-engine that offers the results and information provided by GoAdv http://www.goadv.com and will add certain relevant results according to the keywords browsed. Once installed, the Software will change the default start page of the browser and the default search engine.

3.2 Subject to the User's acceptance and continued compliance with these Conditions, the Provider hereby grants the User a "Free Version licence" which is a worldwide, royalty-free, non-exclusive, non-sublicensable, non-assignable licence, limited to the duration of these Conditions in accordance to clause 7, exclusively for using the Software ("Licence") as described in these Conditions.

3.3 This License is valid to the extent that any computer on which the Software is used is located in the territory where Provider offers its Content. If the User does not live or is not normally a resident in a territory in which the Provider expressly offers its Content, the User must not install or use the Software.

3.4 This License is granted for the User's private use only. No User or any other person may modify, manipulate, transform, copy or reproduce in any non-transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, license, sublicense, sell or otherwise deal with the Software or any of the rights granted under this License except with the express written authorization of the Provider. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the Provider's or its licensors' rights in the Software.

3.5 The proper use and functioning of the Software may require the Software to be updated from time to time by the User. The User hereby is responsible for such updates and for carrying out the relevant steps in order to allow the automatic updates as indicated in clause 3.1 above (e.g. enabling the connection, configuring network equipment to allow the connection, etc.), if any, in accordance with these Conditions and the Provider’s instructions. The User accepts that these Conditions, including any future variations thereto, will apply to the Software and any upgrades and updates thereof. Notwithstanding the foregoing, Provider will not be obliged to update the Software and, in certain cases, User may be required to renew his/her Licence to enjoy the updated features and/or capacities of the Software.

3.6 The Provider makes no warranty and/or representation that the Software will meet the User’s requirements or expectations or that the operation of the Software, information provided or connection to any content or the Internet will be uninterrupted or error free.

3.7 Please go to our www.buscalisto.com contact page in case of any problem with the Service that is not remedied by reinstalling it.

4. USER WARRANTIES AND OBLIGATIONS

User represents, warrants, and undertakes that:

i. User is a person of legal age in accordance with the laws of the place of connection, and/or can have and effectively has the supervision of an adult to access and use the Website and the Content.

ii. User hereby agrees that all fraud and misuse of the Website and/or the Content will be promptly reported to the Provider. Likewise, the User agrees that any dispute arising out of use of the Content and/or the Website will be reported to the Provider as soon as possible by going to www.buscalisto.com.

iii. User has read and accepts all the technical requirements necessary for installing and running the Software.

iv. Usage restrictions: User accepts not to use the Software: (ii) for uses other than personal, private use; (ii) to defame, abuse, molest, harass, threaten or in any other way infringe any right of any other user or any other person; (iii) for Communicating, processing or using in any other manner any information or content which infringes the rights of others, for example, because it is defamatory, aggressive, obscene, pornographic, offensive, racist or xenophobic, violent or likely to incite violence, or is illegal in any way, or because it is in breach of intellectual or industrial property rights, including any patents, trade marks, trade names, image rights, publicity rights or privacy rights.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

5.1 Copyright © "Favorit Network SL" All rights reserved. All Content, save where expressly indicated, is the exclusive property of Provider or its licensors. Provider reserves all rights in the Website, and/or in the Content by authorizing access and/or use only as expressly permitted by these Conditions. If the User considers that the use of any Content protected by copyright and other intellectual or industrial property laws may infringe his/her rights or the rights of any other person or entity.

5.2 User may not modify, manipulate, transform, copy or reproduce in any non-transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, licence, sublicence, sell or otherwise deal with the Content or any rights in the same, except with the express written authorization of the Provider. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying the Provider's or its licensors' rights in the Website or the Content.

5.3 Should the User be interested in any transaction or commercial activity in connection with the Content, please address your request to www.buscalisto.com.

6. LIABILITY

6.1 To the maximum extent permitted by applicable law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, access to and/or use of the Website as well as the downloading, installation and/or use of the Software are the sole responsibility of the User. Provider accepts no liability for any inappropriate use, at Provider’s own criteria, that the User may make of any of the Content. User will indemnify Provider and hold Provider harmless from and against any claim, loss, damage or liability (including legal fees and costs) arising out of: (a) User's use of the Website or any Provider Content; (b) any breach by User of any obligation or warranty under these Conditions including, but not limited to, the matters listed in clause 4 of these Conditions; and/or (c) any matter relating to any User lawfulness.

6.2 The Website is provided "as is" without any warranty of any kind, either express or implied, including, without limitation any warranty of merchantability and/or fitness for a particular purpose. Provider makes no warranty and/or representation that the Website will meet User requirements, or that access to and/or use of the Website will be uninterrupted, without delay or error. The Website, for convenience of visitors, may contain links, whether in textual or graphical format, to third party services, products, content and materials, pages or websites which are not controlled by Provider, and Provider therefore accepts no responsibility for the services, products, content and materials or the condition of such web pages or their services, products, content and materials. The insertion of such links does not signify that the Provider is aware of, shares, endorses or promotes the services, products, content and materials or opinions of the owners of those websites or web pages. Provider does not assume any obligation to verify or supervise the services, products, content and materials or information contained in webpages and websites accessible through the links on the website.

6.3 Provider does not give any guarantee in relation to the User obtaining any particular results from the Content and in particular does not guarantee that the use of the Content will result in the type, quantity or quality that the User may expect.

6.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF: a) LOSS OR DAMAGE, LOSS OF PROFITS AND ANY OTHER LOSSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL; b) ANY CLAIM MADE AGAINST THE USER BY ANY THIRD PARTY; c) DAMAGE, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING: (i) LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF, USE OF, OR ACCESSING OF ANY CONTENT; (ii) ANY CHARGES WHICH THE USER MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK OR ANY CONTENT PROVIDER.

6.5 Provider shall not be liable for any failure or delay on the part of Provider attributable to factors outside its reasonable control, including without limitation any failure, interruption, delay or error in any transmission network, software or hardware; action or failure to act by any third party; and government or regulatory intervention, as well as cases of force majeure including: floods, fires, earthquakes, other natural disasters, war, acts of terrorism and similar.

6.6 Without prejudice to any other provision of this clause 6, the total liability of the Provider to User arising out of the matters referred to in these Conditions, in any case, shall not exceed, other than in respect of liability that by law cannot be so restricted, the amount of fifty (50) euros.

7. TERM, SUSPENSION AND TERMINATION

7.1 The term of these Conditions shall be indefinite until its suspension and/or termination for any reason described in this clause (the "Term").

7.2 Provider reserves the right to suspend, restrict, modify the use and/or the access to or update the Website unilaterally, at any time and without prior notice. Likewise, Provider reserves the right to terminate access to the Website and the Service unilaterally, at any time and without prior notice in case Provider considers at its own criteria that the User has breached these Conditions or any applicable law or regulatory provision. Provider will not be liable for any loss or damage resulting from the adoption of such measures.

8. ASSIGNMENT OF THESE CONDITIONS

Provider may at any time assign either in whole or in part, these Conditions or any of its rights, duties or obligations in these Conditions to any entity without obtaining the prior consent of the User. If User does not agree to such variation, his/her sole remedy shall be to terminate the access and use of the Website and of the Content.

9. MISCELLANEOUS

9.1 If User is not a consumer or even if a consumer then, to the extent permitted by the applicable law, the jurisdiction in respect of any dispute arising out of these Conditions shall be the courts of the domicile of the Provider. In the event that User is a consumer, in respect of any such dispute, Provider will submit to the jurisdiction as required by the laws applicable to the consumer.

9.2 These Conditions shall be governed by and construed in accordance with the law of the domicile of the Provider, without prejudice to the mandatory rules of the courts hearing the matter as well as mandatory consumer protection rules except the Software licence from clauses 3.1 to 3.7 which shall be governed by and construed in accordance with the law of the domicile of the Provider in any case.

9.3 Should any part of these Conditions be or be found to be invalid, illegal or unenforceable, this shall in no way affect the validity of the remaining parts.

9.4 These Conditions are available in English, French, Italian, German, and Spanish. In cases of doubt the English version of these Conditions will prevail. The conditions under which the User contracts any service will not be stored individually. The up-to-date version of the Conditions will always be made available at the following link: www.buscalisto.com. The Provider reserves the right to amend these Conditions from time to time for legal reasons or because of changes in the Website or the Service. If User does not agree to such amendment, User’s sole remedy shall be to not access and/or use the Website, and/or the Service.