Incredimail 2008 Annual Report Download - page 101

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- 4 -
PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE
COMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES
EXCHANGE ACT OF 1934; [***] DENOTES OMISSIONS.
“
WebSearch Result Set
”
means a set of one or more (but no more than ten) web search results provided by Google to Customer as part of
the WebSearch Services in accordance with the applicable Agreement;
“
WebSearch Services
”
means the provision of Web search results in accordance with the applicable Agreement; and
“
WebSearch Site
”
means the web site(s) located at the URL(s) stated in the applicable Order Form or as otherwise agreed between the
parties in writing from time to time.
1.2 The headings to the clauses of this GSA and any Order Forms are for ease of reference only and shall not affect the interpretation or
construction of this GSA and/or any Agreement.
1.3 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended,
extended or re
-
enacted.
2.
Order Forms and Services Terms
2.1 This GSA contains general terms relating to the provision by Google from time to time of Services. Google shall provide such Services in
accordance with this GSA as the parties shall agree from time to time.
2.2
Before Google provides any such Services, Google and Customer will in each case first agree in relation to such Services:
(a) exactly what Services are to be supplied;
(b) any other relevant details;
in each case all of this information will be included in an Order Form.
2.3 If any Order Form conflicts with the provisions of this GSA then the provisions of that Order Form will take precedence in relation to the
Services to be supplied in accordance with that Order Form, In the event of conflicting Order Forms, any subsequent Order Form shall take
precedence over any prior conflicting Order Form.
2.4 Each agreed Order Form will form a separate agreement (an
“
Agreement
”
) between Customer and Google on the terms contained in the
Order Form and in this GSA. Each Agreement will be separately terminable by either party in accordance with clause 14.
2.5
For each Agreement entered into between Google and Customer, the term of such Agreement shall commence on the Order Form Effective
Date and shall continue for the period of the applicable Initial Services Term and, if renewed in accordance with this clause, for the
applicable renewal period, unless earlier terminated as provided in this GSA or the applicable Order Form. An Agreement may be renewed
at the end of the applicable Initial Services Term only upon mutual written agreement of the parties. If an Agreement is not renewed, then
it will automatically expire at the end of the applicable Initial Services Term.
3.
Services
3.1
General
(a) Implementation of the Services on the Site is conditional upon the Site being wholly owned and operated exclusively by Customer.
Customer may modify or add additional URLs to those comprising the Site with Google
’
s prior written consent.
(b) Certain Services may include Beta Features. Customer acknowledges and agrees that Beta Features are provided “as is” and any use of
them shall be solely at Customer’s own risk. Google reserves the right, in its sole discretion, to include or cease providing Beta Features as
part of any Services at any time.
3.2
Websearch Services (if ordered)
(a)
Google shall, from the Launch Date: