Version 2.1 (June 27, 2007)
END USER LICENSE AGREEMENT
NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AS WELL AS THE OTHER SIMILAR AGREEMENTS FOR THE THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT MAY BE BUNDLED WITH THE LICENSED SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT AS WELL AS THE OTHER SIMILAR THIRD PARTY SOFTWARE AGREEMENTS (INCLUDED HEREWITH). YOU ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU WILL RECEIVE AND CONTINUE TO RECEIVE CONTEXTUAL POPUP AND CONTEXTUAL LINK ADVERTISING VIA HIGHLIGHTED LINKS. YOU MAY ALSO CHOOSE TO INSTALL (OR UNINSTALL) THIRD-PARTY SOFTWARE FROM SELECT ADVERTISERS. THE LICENSED SOFTWARE CAN BE UNINSTALLED UTILIZING THE “ADD/REMOVE PROGRAMS” COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW).
This End-User License Agreement (the “Agreement”) is an important legal agreement between you (the “Licensee”) and Danube International S.A., a Costa Rican corporation (“Licensor”). Licensor is willing to license the Licensed Software (as defined below) to you, provided that you agree to and accept all of the terms and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Special Notice for Non-English Speakers:
The Licensed Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this License Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Licensed Software. In any event, if you choose to install or use the Licensed Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.
Special Notice for Residents of the State of Alaska, USA:
Unfortunately, according to SB 140 (Alaska), persons who reside in the State of Alaska may not install the Licensed Software. Therefore, by installing or using the Licensed Software you represent and warrant that your computer is not located in the State of Alaska. To the extent that our system is reasonably able to recognize that your computer is located in the State of Alaska, we will not enable you to install the Licensed Software.
Notice for All Users:
By downloading the Licensed Software, you get free access to sponsored content across the Internet. The Licensed Software may, among other things, show you ads that pop up on your screen in a separate browser, provide you with a toolbar to make your use of the internet more efficient and enjoyable and allow you to access or otherwise link to programs from our affiliates. The pop-up ads that may appear on your computer are based on keywords and URL targets from the sites you visit. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. The Licensed Software is a service of Licensor.
1. DEFINITIONS. The capitalized terms used but not otherwise defined in this Agreement shall have the following meanings:
1.1 “Agreement” or “License” means this End User License Agreement.
1.2 “Licensee” or “you” means the individual who agrees to license the Licensed Software in accordance with the terms and conditions of this Agreement.
1.3 “Licensed Software” means collectively the Software, Third Party Software and Updates.
1.4 “Third Party Software” means the software of third parties bundled together with the Software and/or made available to or installed by Licensee in connection with the installation, use and/or maintenance of the Software, which software includes or displays, without limitation, cookies and pop-up advertisements of third parties, or links to third-party websites not affiliated with Licensor. You may choose not to install Third Party Software or may uninstall such software using your “Add/Remove Software” function on your computer. Each company providing Third Party Software has its own agreements and privacy policies (or other policies) that may be different from this (Licensor’s) Agreement and Privacy Policy <http://dcads.biz/privacy.html>. By clicking “I Agree” you also agree to be bound by the Third Party Software Agreements that are included herewith. In the event of a conflict between a Third Party Software Agreement and this Agreement, this Agreement shall control with respect to Licensor’s obligations, duties or liability.
1.5 “Software” toolbar, contextual popup and contextual link applications installed by Licensee pursuant the terms of this Agreement, together with the software applications, documentation and local computer files installed or utilized by Licensee in connection therewith (excluding the Third Party Software), and all updates, modifications or patches thereof.
1.6 “Updates” means any bug fixes, upgrades, modified versions or updates to the Licensed Software.
1.7 "Use”, "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software
2. PERMISSION/AUTHORITY TO DOWNLOAD LICENSED SOFTWARE
2.1 Permission to Download Licensed Software. This Agreement contains important legal obligations. Pursuant to applicable laws including, without limitation, the Electronic Signature Law and Uniform Electronic Transactions Act (“UETA”), by clicking “I Agree”, Licensor will treat Licensee’s affirmative action as equivalent to a signed written contract that will legally bind Licensee to the terms of this Agreement. Licensee should carefully review the terms of this Agreement (as well as any Third Party Software Agreements included herewith) before clicking “I agree”.
2.2 Obligation to be Bound by Current Version of EULA. Licensor may revise this EULA or its Privacy Policy <file:///E:\Documents%20and%20Settings\jj\Local%20Settings\Temporary%20Internet%20Files\Content.IE5\WHYJKDQF\privacypolicy.html> at anytime, and may (but shall not be obligated) to notify Licensees of such revisions. By agreeing to the terms of this EULA, Licensee agrees to read and review this EULA and privacy policy in order to stay current on any changes.
3. SOFTWARE LICENSE AND RESTRICTIONS.
3.1 License Grant. Upon acceptance of the terms and conditions of this Agreement, as evidenced by clicking “I agree” and continuing with the installation procedure, Licensor grants Licensee a non-transferable, non-exclusive, revocable, non-sub licensable license to Use the Licensed Software, in binary executable form only, solely in accordance with the terms and conditions set forth in this Agreement. The Licensee agrees not to Use the Licensed Software in any manner that could damage, disable, overburden or impair the Licensed Software, including, without limitation, Using the Licensed Software in an automated manner or in any other manner which could interfere with any other party’s use and enjoyment of the Licensed Software.
3.2 Restrictions. As a material condition to the license granted in Section 3.1 above, you will: (a) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of Licensor or Licensor’s affiliates in the Licensed Software, (e) not Use the Licensed Software for purposes for which it is not designed, and (f) only Use the Licensed Software for personal, non-commercial use.
4. OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You represent and warrant either that you are the owner of the computer up which you intend to download the Licensed Software and that you have authorized the download and installation of the Licensed Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Licensed Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Licensed Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Licensed Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Licensed Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 18.
5. IMPORTANT INFORMATION REGARDING FUNCTIONALITY OF LICENSED SOFTWARE.
5.1 Functionality. Certain applications in the Licensed Software recognize keywords from your Internet browser and URL targets from the sites you visit to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Licensed Software) and pop-up on your screen in a separate browser. The Licensed Software gathers and stores personal identifiable information and records concerning your Internet browsing behavior. Please refer to Section 10 (below) for further information about Licensor’s privacy policies.
5.2. Display of Advertising. The Licensed Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors’ websites. By installing and/or using the Licensed Software you grant permission for Licensor to periodically display sponsors’ websites to you. The frequency of these advertisements (which will pop up on your screen in a separate browser) will vary depending on your use of the Internet. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Software includes a function that may redirect your web browser to our sponsor’s websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Content Licensor considers “Adult” is defined as any audio, video, audiovisual, images, sounds or text that contain or reference any of the following: profanity, crude or off-color humor, violence, blood and gore, weapons, use of alcohol, drugs, tobacco or other controlled substances, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references.
6. INTELLECTUAL PROPERTY RIGHTS. The Licensed Software is the intellectual property of, and owned exclusively by, Licensor, its affiliates or suppliers or the companies that own or control the Third Party Software. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor, its suppliers or affiliates or the companies that own or control the Third Party Software. The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by Licensor and its affiliates or suppliers.
7. UNINSTALLATION. You understand and agree that the presence of the Licensed Software on your computer is voluntary and that you may remove the Licensed Software from your computer at any time going to the “Add/Remove Software” function on your computer and clicking “Remove Software”. The program name for the software is Browser Optimizer Dcads. Should you choose to download additional software from Licensor’s affiliates or advertisers, those programs may be named differently and require you to remove them separately. Please note that the above is the only proper way to ensure complete removal of all Licensed Software files – many anti-spyware or other software tools do not completely or properly remove the Licensed Software. Some Internet content and software publishers require that their users have certain of the Licensed Software installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of such Licensed Software may impact your ability to access such content and/or use such software. You may be required to restart your computer in order for the uninstallation to take effect. Should you have any questions regarding the removal of the Licensed Software, please contact <removal@dcads.biz <sendto:removal@dcads.biz>>.
8. UPDATES. Licensor, in its sole discretion, may provide you with Updates to the Licensed Software as part of this Agreement. The Licensed Software may check with Licensor or its affiliates for the existence of any Update released and, in the event that one is available, the Licensed Software may update itself automatically or prompt you to update the Software. Nothing herein shall be construed or interpreted as requiring that Licensor provide Updates. The companies that own or control the Third Party Software may also provide you with Updates to their Licensed Software. Licensor has no control and accepts no liability for Updates that may (or may not) be provided for the Third Party Software.
9. DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
9.1 No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR, ITS AFFILIATES OR SUPPLIERS, AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY. LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
9.2 Limitation of Damages. LICENSOR, ITS AFFILIATES OR SUPPLIERS, OR THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND SUPPLIERS AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.3 Indemnity. Licensee agrees to indemnify, defend, and hold Licensor and all of the directors, officers, shareholders, affiliates, employees, and agents of Licensor (collectively referred to as "Licensor’s Agents") harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, expert witness fees, and reasonable attorneys’ fees that Licensor, Licensor’s Agents and the companies that own or control the Third Party Software shall incur or suffer, which arise, result from, or in any way relate to: (a) any breach of, or failure by Licensee to perform any of the representations, warranties, covenants or agreements in this Agreement; (b) Licensee’s violation of any applicable law or regulation, whether or not referenced herein; and (c) Licensee’s violation of any rights of any third party (including, without limitation, the right of the third parties who own the Third Party Software).
10. USE OF INFORMATION; PRIVACY POLICY.
10.1 Use of Information. By entering into this Agreement, Licensee agrees that Licensor may collect and retain information about Licensee, including Licensee’s name and email address. Licensor may employ other companies and individuals to perform these functions on its behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and processing credit card payments. These third parties may be given access to personal information needed to perform their functions, but may not use it for other purposes. In addition, Licensor will collect and use anonymous information relating to your use of the Licensed Software application for statistical and related purposes. Licensor may disclose the information to third parties for these purposes but will not use or disclose information about your use of the Licensed Software for any other purpose (unless required to do so by law). Licensor may keep track of your Internet history in order to customize the advertisements provided to you as part of the Licensed Software.
10.2 Privacy Policy. Without limiting the generality of Section 10.1, by installing the Licensed Software, you grant permission for Licensor to collect and use certain information. You acknowledge that you have reviewed the applicable Licensor Privacy Policy, which describes Licensor’s general practices with respect to the collection, use and disclosure of information in connection with your Use of the Licensed Software, which is incorporated herein by reference. Licensor reserves the right to change the provisions of its Privacy Policy from time to time. Your Use of the Licensed Software following the posting of such changes to Licensor’s Privacy Policy will constitute your acceptance of any such changes. Licensor does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in Licensor’s privacy policy.
11. COMPATIBILITY. Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer’s performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 7, above. Like all software, the Licensed Software utilizes some of your computer’s resources to run, including system memory and Internet connection. Use of the Licensed Software on a computer with inadequate system resources will cause such computer’s performance to suffer.
12. USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
13. EXPORT. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
14. MISCELLANEOUS.
14.1 Entire Agreement. This Agreement and any Third Party Software Agreement set forth the entire understanding of the parties with respect to the subject matter hereof. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement. No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement or a company that owns or controls Third Party Software may modify their Third Party Software Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version (or the Third Party Software Agreement may be amended according to that company’s particular policies). Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default. In the event of a conflict between this Agreement and any Third Party Agreement with respect to the use of the Licensed Software and the obligations, duties or liability of Licensor, this Agreement shall control notwithstanding such conflicting language.
14.2 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
14.3 Governing Law and Venue. This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Costa Rica, without giving effect to the principles of conflict of laws. Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Cost Rica for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum).
14.4 Injunctive Relief. Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy. Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief
Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at dcads.biz <sendto:info@dcads.biz>.
SuperiorAds.Biz – (If applicable)*
Version 2.1 (June 27, 2007)
END USER LICENSE AGREEMENT
NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AS WELL AS THE OTHER SIMILAR AGREEMENTS FOR THE THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT MAY BE BUNDLED WITH THE LICENSED SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT AS WELL AS THE OTHER SIMILAR THIRD PARTY SOFTWARE AGREEMENTS (INCLUDED HEREWITH). YOU ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU WILL RECEIVE AND CONTINUE TO RECEIVE CONTEXTUAL POPUP AND CONTEXTUAL LINK ADVERTISING VIA HIGHLIGHTED LINKS. YOU MAY ALSO CHOOSE TO INSTALL (OR UNINSTALL) THIRD-PARTY SOFTWARE FROM SELECT ADVERTISERS. THE LICENSED SOFTWARE CAN BE UNINSTALLED UTILIZING THE “ADD/REMOVE PROGRAMS” COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW).
This End-User License Agreement (the “Agreement”) is an important legal agreement between you (the “Licensee”) and Danube International inc., a Costa Rican corporation (“Licensor”). Licensor is willing to license the Licensed Software (as defined below) to you, provided that you agree to and accept all of the terms and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Special Notice for Non-English Speakers:
The Licensed Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this License Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Licensed Software. In any event, if you choose to install or use the Licensed Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.
Special Notice for Residents of the State of Alaska, USA:
Unfortunately, according to SB 140 (Alaska), persons who reside in the State of Alaska may not install the Licensed Software. Therefore, by installing or using the Licensed Software you represent and warrant that your computer is not located in the State of Alaska. To the extent that our system is reasonably able to recognize that your computer is located in the State of Alaska, we will not enable you to install the Licensed Software.
Notice for All Users:
By downloading the Licensed Software, you get free access to sponsored content across the Internet. The Licensed Software may, among other things, show you ads that pop up on your screen in a separate browser, provide you with a toolbar to make your use of the internet more efficient and enjoyable and allow you to access or otherwise link to programs from our affiliates. The pop-up ads that may appear on your computer are based on keywords and URL targets from the sites you visit. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. The Licensed Software is a service of Licensor.
1. DEFINITIONS. The capitalized terms used but not otherwise defined in this Agreement shall have the following meanings:
1.1 “Agreement” or “License” means this End User License Agreement.
1.2 “Licensee” or “you” means the individual who agrees to license the Licensed Software in accordance with the terms and conditions of this Agreement.
1.3 “Licensed Software” means collectively the Software, Third Party Software and Updates.
1.4 “Third Party Software” means the software of third parties bundled together with the Software and/or made available to or installed by Licensee in connection with the installation, use and/or maintenance of the Software, which software includes or displays, without limitation, cookies and pop-up advertisements of third parties, or links to third-party websites not affiliated with Licensor. You may choose not to install Third Party Software or may uninstall such software using your “Add/Remove Software” function on your computer. Each company providing Third Party Software has its own agreements and privacy policies (or other policies) that may be different from this (Licensor’s) Agreement and Privacy Policy . By clicking “I Agree” you also agree to be bound by the Third Party Software Agreements that are included herewith. In the event of a conflict between a Third Party Software Agreement and this Agreement, this Agreement shall control with respect to Licensor’s obligations, duties or liability.
1.5 “Software” toolbar, contextual popup and contextual link applications installed by Licensee pursuant the terms of this Agreement, together with the software applications, documentation and local computer files installed or utilized by Licensee in connection therewith (excluding the Third Party Software), and all updates, modifications or patches thereof.
1.6 “Updates” means any bug fixes, upgrades, modified versions or updates to the Licensed Software.
1.7 "Use”, "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software
2. PERMISSION/AUTHORITY TO DOWNLOAD LICENSED SOFTWARE
2.1 Permission to Download Licensed Software. This Agreement contains important legal obligations. Pursuant to applicable laws including, without limitation, the Electronic Signature Law and Uniform Electronic Transactions Act (“UETA”), by clicking “I Agree”, Licensor will treat Licensee’s affirmative action as equivalent to a signed written contract that will legally bind Licensee to the terms of this Agreement. Licensee should carefully review the terms of this Agreement (as well as any Third Party Software Agreements included herewith) before clicking “I agree”.
2.2 Obligation to be Bound by Current Version of EULA. Licensor may revise this EULA or its Privacy Policy at anytime, and may (but shall not be obligated) to notify Licensees of such revisions. By agreeing to the terms of this EULA, Licensee agrees to read and review this EULA and privacy policy in order to stay current on any changes.
3. SOFTWARE LICENSE AND RESTRICTIONS.
3.1 License Grant. Upon acceptance of the terms and conditions of this Agreement, as evidenced by clicking “I agree” and continuing with the installation procedure, Licensor grants Licensee a non-transferable, non-exclusive, revocable, non-sub licensable license to Use the Licensed Software, in binary executable form only, solely in accordance with the terms and conditions set forth in this Agreement. The Licensee agrees not to Use the Licensed Software in any manner that could damage, disable, overburden or impair the Licensed Software, including, without limitation, Using the Licensed Software in an automated manner or in any other manner which could interfere with any other party’s use and enjoyment of the Licensed Software.
3.2 Restrictions. As a material condition to the license granted in Section 3.1 above, you will: (a) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (d) not remove, alter or obscure any proprietary notices (including copy notices) of Licensor or Licensor’s affiliates in the Licensed Software, (e) not Use the Licensed Software for purposes for which it is not designed, and (f) only Use the Licensed Software for personal, non-commercial use.
4. OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You represent and warrant either that you are the owner of the computer up which you intend to download the Licensed Software and that you have authorized the download and installation of the Licensed Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Licensed Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Licensed Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Licensed Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Licensed Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 18.
5. IMPORTANT INFORMATION REGARDING FUNCTIONALITY OF LICENSED SOFTWARE.
5.1 Functionality. Certain applications in the Licensed Software recognize keywords from your Internet browser and URL targets from the sites you visit to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Licensed Software) and pop-up on your screen in a separate browser. The Licensed Software gathers and stores personal identifiable information and records concerning your Internet browsing behavior. Please refer to Section 10 (below) for further information about Licensor’s privacy policies.
5.2. Display of Advertising. The Licensed Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors’ websites. By installing and/or using the Licensed Software you grant permission for Licensor to periodically display sponsors’ websites to you. The frequency of these advertisements (which will pop up on your screen in a separate browser) will vary depending on your use of the Internet. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Software includes a function that may redirect your web browser to our sponsor’s websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Content Licensor considers “Adult” is defined as any audio, video, audiovisual, images, sounds or text that contain or reference any of the following: profanity, crude or off-color humor, violence, blood and gore, weapons, use of alcohol, drugs, tobacco or other controlled substances, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references.
6. INTELLECTUAL PROPERTY RIGHTS. The Licensed Software is the intellectual property of, and owned exclusively by, Licensor, its affiliates or suppliers or the companies that own or control the Third Party Software. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor, its suppliers or affiliates or the companies that own or control the Third Party Software. The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by Licensor and its affiliates or suppliers.
7. UNINSTALLATION. You understand and agree that the presence of the Licensed Software on your computer is voluntary and that you may remove the Licensed Software from your computer at any time going to the “Add/Remove Software” function on your computer and clicking “Remove Software”. The program name for the software is Browser Optimizer SuperiorAds. Should you choose to download additional software from Licensor’s affiliates or advertisers, those programs may be named differently and require you to remove them separately. Please note that the above is the only proper way to ensure complete removal of all Licensed Software files – many anti-spyware or other software tools do not completely or properly remove the Licensed Software. Some Internet content and software publishers require that their users have certain of the Licensed Software installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of such Licensed Software may impact your ability to access such content and/or use such software. You may be required to restart your computer in order for the uninstallation to take effect. Should you have any questions regarding the removal of the Licensed Software, please contact removal@dcads.biz or removal@rightonads.biz.
8. UPDATES. Licensor, in its sole discretion, may provide you with Updates to the Licensed Software as part of this Agreement. The Licensed Software may check with Licensor or its affiliates for the existence of any Update released and, in the event that one is available, the Licensed Software may update itself automatically or prompt you to update the Software. Nothing herein shall be construed or interpreted as requiring that Licensor provide Updates. The companies that own or control the Third Party Software may also provide you with Updates to their Licensed Software. Licensor has no control and accepts no liability for Updates that may (or may not) be provided for the Third Party Software.
9. DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
9.1 No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR, ITS AFFILIATES OR SUPPLIERS, AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY. LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
9.2 Limitation of Damages. LICENSOR, ITS AFFILIATES OR SUPPLIERS, OR THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND SUPPLIERS AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.3 Indemnity. Licensee agrees to indemnify, defend, and hold Licensor and all of the directors, officers, shareholders, affiliates, employees, and agents of Licensor (collectively referred to as "Licensor’s Agents") harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, expert witness fees, and reasonable attorneys’ fees that Licensor, Licensor’s Agents and the companies that own or control the Third Party Software shall incur or suffer, which arise, result from, or in any way relate to: (a) any breach of, or failure by Licensee to perform any of the representations, warranties, covenants or agreements in this Agreement; (b) Licensee’s violation of any applicable law or regulation, whether or not referenced herein; and (c) Licensee’s violation of any rights of any third party (including, without limitation, the right of the third parties who own the Third Party Software).
10. USE OF INFORMATION; PRIVACY POLICY.
10.1 Use of Information. By entering into this Agreement, Licensee agrees that Licensor may collect and retain information about Licensee, including Licensee’s name and email address. Licensor may employ other companies and individuals to perform these functions on its behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and processing credit card payments. These third parties may be given access to personal information needed to perform their functions, but may not use it for other purposes. In addition, Licensor will collect and use anonymous information relating to your use of the Licensed Software application for statistical and related purposes. Licensor may disclose the information to third parties for these purposes but will not use or disclose information about your use of the Licensed Software for any other purpose (unless required to do so by law). Licensor may keep track of your Internet history in order to customize the advertisements provided to you as part of the Licensed Software.
10.2 Privacy Policy. Without limiting the generality of Section 10.1, by installing the Licensed Software, you grant permission for Licensor to collect and use certain information. You acknowledge that you have reviewed the applicable Licensor Privacy Policy, which describes Licensor’s general practices with respect to the collection, use and disclosure of information in connection with your Use of the Licensed Software, which is incorporated herein by reference. Licensor reserves the right to change the provisions of its Privacy Policy from time to time. Your Use of the Licensed Software following the posting of such changes to Licensor’s Privacy Policy will constitute your acceptance of any such changes. Licensor does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in Licensor’s privacy policy.
11. COMPATIBILITY. Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer’s performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 7, above. Like all software, the Licensed Software utilizes some of your computer’s resources to run, including system memory and Internet connection. Use of the Licensed Software on a computer with inadequate system resources will cause such computer’s performance to suffer.
12. USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
13. EXPORT. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
14. MISCELLANEOUS.
14.1 Entire Agreement. This Agreement and any Third Party Software Agreement set forth the entire understanding of the parties with respect to the subject matter hereof. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement. No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement or a company that owns or controls Third Party Software may modify their Third Party Software Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version (or the Third Party Software Agreement may be amended according to that company’s particular policies). Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default. In the event of a conflict between this Agreement and any Third Party Agreement with respect to the use of the Licensed Software and the obligations, duties or liability of Licensor, this Agreement shall control notwithstanding such conflicting language.
14.2 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
14.3 Governing Law and Venue. This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Costa Rica, without giving effect to the principles of conflict of laws. Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Cost Rica for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum).
14.4 Injunctive Relief. Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy. Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief.
Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at info@dcads.biz or info@superiorads.biz.
webHancer Customer Companion – (If applicable)*
Terms and Conditions of Installing the webHancer Customer Companion (the "Software").
IMPORTANT NOTICE:
THIS SOFTWARE RELAYS YOUR WEB SURFING PERFORMANCE METRICS TO
WEBHANCER CORP. TO GENERATE PERFORMANCE REPORTS FOR THIRD PARTIES. AS
SUCH, YOUR INTERNET CONNECTION WILL BE USED PERIODICALLY TO SEND AND
RECEIVE DATA.
WE RESPECT OUR CUSTOMERS PRIVACY. THE WEBHANCER PRIVACY POLICY (available
at: http://www.webhancer.com/privacy) FORMS PART OF THIS AGREEMENT. BY AGREEING
TO THE TERMS OF THIS AGREEMENT, YOU ALSO CONSENT TO THE TERMS OF THE
WEBHANCER PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, THE COLLECTION, USE
AND DISCLOSURE OF INFORMATION AS SET OUT THEREIN. IF YOU DO NOT AGREE TO
THE TERMS OF THE WEBHANCER PRIVACY POLICY, DO NOT INSTALL THIS SOFTWARE.
THIS SOFTWARE SUPPORTS WINDOWS 98/2000/ME/XP and WINDOWS NT 4.0 Service Pack 4
and higher (EXCLUDING WINDOWS TERMINAL SERVER AND WINDOWS 2000 WITH
TERMINAL SERVICES ENABLED).
THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS
A LEGAL CONTRACT BETWEEN YOU AND WEBHANCER CORP. ("WEBHANCER") FOR THE
CUSTOMER COMPANION SOFTWARE (THE ‘SOFTWARE’). THIS SOFTWARE WILL MAKE
USE OF YOUR INTERNET CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR ANY AND
ALL NETWORK USAGE COSTS OR ANY OTHER COSTS ASSOCIATED WITH YOUR USE OF
THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO NOT USE THE
SOFTWARE.
WEBHANCER grants to you a non-exclusive, non-transferable and restricted license to use the Software on a single computer for your internal use, subject to the terms and conditions of this Agreement. You may make and distribute unlimited copies of the Software, excluding copies for commercial distribution, as long as each copy that you distribute is distributed subject to this agreement.
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