The SiteHoppin Toolbar is now going under private beta testing...
UPDATE: Still using older versions? Upgrade to Version 1.6 Today!
(The SiteHoppin Toolbar is by invitation-only through selected bloggers.)

1717 downloads so far... NON-DISCLOSURE AGREEMENT FOR DOWNLOAD AND USE OF SITEHOPPIN TOOLBAR. This non-disclosure agreement ("Agreement") is between SiteHoppin.com, the "Company", and "The User", anyone who download and uses the SiteHoppin Toolbar. I. RECITALS A. The User wishes to receive certain trade secret, confidential and proprietary information (hereinafter collectively "Information") pertaining to the SiteHoppin Toolbar. This exchange includes all communication of Information between the parties in any form whatsoever, including oral, written and machine readable form, pertaining to the above. The Information is the client and server side code that runs SiteHoppin Toolbar or any technology associated with the SiteHoppin Toolbar. B. The User wishes to receive the Information for the sole purpose of viewing, rating, and bookmarking new sites. C. SiteHoppin.com is willing to disclose the Information and The User is willing to receive the Information (as "Receiving Party") on the terms and conditions set forth herein. Therefore, SiteHoppin.com and The User agree, as follows: 1. That the disclosure of Information by SiteHoppin.com is in strictest confidence and thus The User will: a. (1) Not disclose to any other person the Information and (2) use at least the same degree of care to maintain the Information secret as the The User uses in maintaining as secret its own secret information, but always at least a reasonable degree of care; b. Use the Information only for the above purpose; c. Restrict disclosure of the Information solely to The User having a need to know such Information in order to accomplish the purpose stated above; d. Advise each friend, before he or she receives access to the Information, of the obligations of The User under this Agreement, and require each such employee to maintain those obligations; e. Within fifteen (15) days following request of SiteHoppin.com via e-mail, destroy any portion of the SiteHoppin Toolbar, or confirm to SiteHoppin.com, in writing, the destruction of such materials. 2. This Agreement imposes no obligation on The User with respect to any portion of the Information received from SiteHoppin.com which (a)(1) was known to the The User prior to disclosure by SiteHoppin.com and (2) as to which the The User has no obligation not to disclose or use it, (b) is lawfully obtained by the The User from a third party under no obligation of confidentiality, (c) is or becomes generally known or available other than by unauthorized disclosure, (d) is independently developed by the The User or (e) is generally disclosed by SiteHoppin.com to third parties without any obligation on the third parties. 3. This Agreement imposes no obligation on The User with respect to any portion of the Information disclosed by SiteHoppin.com, unless such portion is (a) disclosed in a written document or machine readable media marked "CONFIDENTIAL" at the time of disclosure or (b) disclosed in any other manner and summarized in a memorandum mailed to the The User within thirty (30) days of the disclosure. Information disclosed by SiteHoppin.com in a written document or machine readable media and marked "CONFIDENTIAL" includes, but is not limited to, the items, if any, set forth in Schedule A attached hereto. Schedule A is incorporated herein by reference. The User hereby acknowledges receipt of the items listed in Schedule A, if any. 4. The Information shall remain the sole property of SiteHoppin.com. 5. SITEHOPPIN DOES NOT MAKE ANY REPRESENTATION WITH RESPECT TO AND DOES NOT WARRANT ANY INFORMATION PROVIDED UNDER THIS AGREEMENT, BUT SHALL FURNISH SUCH IN GOOD FAITH. WITHOUT RESTRICTING THE GENERALITY OF THE FOREGOING, SITEHOPPIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE INFORMATION WHICH MAY BE PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. SITEHOPPIN SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM RECEIPT OR USE OF THE INFORMATION BY THE USER. 6. In the event of a breach or threatened breach or intended breach of this Agreement by The User, SiteHoppin.com, in addition to any other rights and remedies available to it at law or in equity, shall be entitled to preliminary and final injunctions, enjoining and restraining such breach or threatened breach or intended breach. 7. The validity, construction, and performance of this Agreement are governed by the laws of the state of California. 8. The rights and obligations of the parties under this Agreement may not be sold, assigned or otherwise transferred. 9. If any arbitration, litigation or other legal proceeding relating to this Agreement occurs, the prevailing party shall be entitled to recover from the other party (in addition to any other relief awarded or granted) its reasonable costs and expenses, including attorney's fees, incurred in the proceeding. 10. In any event of lawsuit, the Information may not be used as evidence in the court of law. This Agreement is binding upon SiteHoppin.com and The User, and upon the directors, officers, employees and agents of each. This Agreement is effective as of the later date of execution and will continue indefinitely, unless terminated on thirty (30) days written notice by either party. However, The User's obligations of confidentiality and restrictions on use of the Information disclosed by SiteHoppin.com shall survive termination of this Agreement.

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