|Weather bug pop-up||filtersweep|
Sep 25, 2003 1:02 PM
|I don't want to annoy the sponsors, but you all know that the weather bug contains SPYWARE, right? I think it is a Gator "product."
Just making sure...
Nothing is really free.
Sep 25, 2003 1:12 PM
|It is evil. Our network guys absolutely despise weatherbug. Lots of spyware associated with Weatherbug. Nasty. Get your weather off something else.
|re: Weather bug pop-up||african|
Sep 25, 2003 3:26 PM
|I had the weather bug a while back and I got sick of it, now I get these gator pop ups that I just can not get rid of. I block all other pop ups but that gator thing makes me friggen mad.|
|lavasoft ad-aware 6||filtersweep|
Sep 25, 2003 4:30 PM
|download lavasoft ad-aware 6 from download.com and it will rid you of this pestilence- it gets rid of all the gator nonsense.|
|lavasoft ad-aware 6||thisendup|
Sep 25, 2003 6:40 PM
|I run Ad-aware on all three of my machines and absolutely swear by it. It is a shareware product from Lavasoft, who also makes some good software to purchase. Also run Free Surfer pop-up blocker, another share ware of very high quality.|
|Spybot Search & Destroy||lemmy999|
Sep 26, 2003 4:26 AM
|I had some things that Ad-Aware just wouldn't get rid of. I found this program and it got rid of everything else. I actually use both.|
Sep 26, 2003 5:38 AM
|AWS Convergence Technologies, Inc.
WEATHERBUG END USER LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT.
Please read the following terms and conditions before using the software (the "Software") provided
by AWS, Inc. ("AWS") for use with AWS WeatherBug and AWS WeatherBug Pro products and related services
(the "Services"). If you do not agree with these terms, do not install or use the Software.
1. LICENSE GRANT. AWS grants to you a non-exclusive license to use the Software as described below.
1.1 You may:
1.1.1 use the Software on any single computer;
1.1.2 copy the Software without modification for distribution to third parties free of charge; and
1.1.3 copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
1.2 You may not:
1.2.1 permit other individuals to use the Software except under the terms listed herein;
1.2.2 permit concurrent use of the Software;
1.2.3 modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
1.2.4 copy the Software other than as specified above;
1.2.5 rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software; or
1.2.6 remove any proprietary notices or labels on the Software.
1.2.7 compile and/or re-distribute the digital images, videos, graphic elements, or weather data, historical or current, for any purpose other than private or educational use. As used herein, "educational use" shall
mean use by a school or educational facility solely for the purpose of educating the students enrolled therein.
2. "AS IS" WARRANTY.
2.1 THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
2.2 More specifically, AWS does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. AWS does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.
AWS does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk as to the use, quality and performance of the Software and the Services.
2.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the data displayed by the Software, and the Services shall remain in AWS and/or its licensors. The data, Software and Services are protected by various copyright laws and treaties. Title and related rights in the data and Services are the property of the applicable
content owner(s) and may be protected by applicable law. This License gives you no rights to such content.
4. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Software in your possession or control.
5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICE
Sep 26, 2003 5:39 AM
|6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY
TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). AWS and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR
51.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is AWS, Inc., 2-5 Metropolitan Court, Gaithersburg, MD 20878.
9. THIRD-PARTY SOFTWARE. Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software.
10. ADVERTISING. The Software is provided for your use, as described above, free of charge, and is supported by advertising revenue. Separate, "ad-free" versions of the Software are available for download by accredited schools for use on in-school computers and by all users by subscribing to WeatherBug Pro. The School WeatherBugT will be
customizable for individual schools, and be free of interactive banner advertisements, but may display static tiles from our Education Partners/Sponsors. To find out how to get a copy of the School Software, contact schools@WeatherBug.com.
11. WEATHERBUG PRO subscription services (terms and conditions below) are free of banner, wrap, and pop up advertisements and include enhanced and customizable features that the advertising-based version does not include.
ADVERTISING FREE-WEATHERBUG PRO SUBSCRIPTION SERVICES. The software is provided for your use, as described above, advertising-free for an annual subscription fee.
PLEASE READ THE FOLLOWING WEATHERBUG PRO SUBSCRIPTION POLICIES AND PROCEDURES CAREFULLY. BY SUBSCRIBING TO THIS PRODUCT AND/OR CLICKING ON "ACCEPT" BELOW, YOU ARE AGREEING TO THESE TERMS.
*Subscription charge of $19.95 for a 12-month subscription will be charged to Visa, MasterCard, or American Express. This fee includes an annual processing and billing fee of $3.75.
*Renewal Policy-Subscriptions for subsequent twelve-month terms are renewed automatically unless a refund is requested in accordance with the Refund Policy, or subscription renewal charges are rejected by credit card company. Renewal subscriptions are charged to the credit card that was provided for the initial subscription fees.
Sep 26, 2003 5:40 AM
|*Allow up to 24 hours after the subscription process is completed for WeatherBug Pro subscription services to become available.
Subscription Initiation/Personal Activation Code-
*Upon subscription and credit card verification new subscribers will receive an introductory email with a billing summary and Personal Activation Code. It will be necessary to reference the Personal Activation Code in all correspondence relating to WeatherBug Pro billing and technical issues.
*Personal Activation Codes are sent to subscribers of WeatherBug Pro. Subscribers may activate a WeatherBug Pro subscription on up to two computers using the Personal Activation Code that is sent in the introductory email. In both cases the subscriber must be the primary user of the computer.
*NOTE: Keep Personal Activation Codes secure from unauthorized access. Unauthorized use of Personal Activation Code will deactivate WeatherBug Pro features. To report fraudulent use, email us at email@example.com.
*WeatherBug Pro subscriptions renew automatically on the anniversary of each 12-month subscription period. At renewal the subscriber's credit card that was originally used to order a subscription is charged for the next 12-month term. Disruption or termination of subscription services will occur if charges are not received due to a closed or invalid creditcard. . If for any reason subscriber's credit card is rejected subscriber may receive an email, requesting a valid credit card number to continue their WeatherBug Pro subscription.
Refund Policy and Procedures-
*30 Day Risk Free Policy-Within the first 30 days of any 12-month subscription period the subscriber may request, and will be granted, a refund for the entire WeatherBug Pro annual subscription fee of $19.95 (includes annual processing and billing fee of $3.75).
*Between the 31st and the 90th day of any current 12-month subscription, subscribers will be granted refunds for the unused months of their current subscription not to include any part of the annual processing and billing charge of $3.75 Refunds will be based on annual subscription fee of $16.20 or $1.35 times the number of unused months remaining in the term of the current subscription ($16.20 / 12 months = $1.35 per month).
*Under no circumstances will refunds be granted for any prior 12-month subscription period or for the remainder of the days within the calendar month in which a refund is requested (unless requested in first 30 days
of subscription). All refunds will be credited to the original credit card used when subscribing to WeatherBug Pro. To request a refund subscribers should email firstname.lastname@example.org and request a refund by including their Name, Address, Phone, Email, and Activation Code.
Credit Card Liability
*Paymentech/Digital River administers WeatherBug Pro credit card authorization and charges. WeatherBug and/or AWS Convergence Technologies, Inc is not responsible for any unauthorized use of credit card.
12. AMENDMENT. AWS may, in its sole discretion, change, modify, add or remove portions of this license at any time. AWS may notify you of any such changes by posting notice of such changes on the WeatherBugT Web
site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and the Services.
13. MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Maryland law (except for conflict of law provisions). The
application of the United Nations Convention of Contracts for the Intern
Sep 26, 2003 5:40 AM
|13. MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Maryland law (except for conflict of law provisions). The
application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
MY SEARCH BAR SOFTWARE LICENSE TERMS --
BY CLICKING ON THE "SUBMIT", "DOWNLOAD", "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE MY SEARCH TOOLBAR SOFTWARE PRODUCT (THE "APPLICATION") AND DOWNLOADING AND INSTALLING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS:
1. License Grant
Subject to the terms and conditions of this Agreement, Bulldog Holdings, Inc., d/b/a My Search ("My Search") grants you a non-exclusive, revocable, limited license, to (a) download and install the most current versions of the Application and (b) use the Application(s) you download and install for your personal, non-commercial purposes.
2. License Restrictions
You acknowledge and agree that we have no obligation to make available to you any subsequent versions of our Applications. You may not sell, lease, sublicense, distribute, copy (other than a single copy for your own backup purposes), or in any way transfer any of our Applications. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble our Applications, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to create derivative works of our Applications. All modifications or enhancements to our Applications remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use any of our Applications at any time, and we may at any time suspend or terminate any license hereunder and disable any Applications you may already have accessed or installed without prior notice or further obligation to you.
This is a limited license to use our Applications, and not a sale or transfer of ownership, in whole or in part, to any Application. We reserve all rights in our Applications not expressly granted to you in this Agreement.
3. Other Restrictions
You may not rent, lend, assign, lease or sublicense any Application, or use any Application for the benefit of any third party through any outsourcing or time sharing arrangement or through the operation of any service bureau, but you may transfer your rights under this Agreement on a permanent basis provided (i) you transfer all copies of any of our Applications you may possess and of this Agreement (including the Privacy Notice); and (ii) the recipient agrees to be bound by this Agreement including the Privacy Notice. Any transfer must include the most recent product upgrade. When you transfer an Application, you must remove all remaining co
Sep 26, 2003 5:41 AM
|3. Other Restrictions
You may not rent, lend, assign, lease or sublicense any Application, or use any Application for the benefit of any third party through any outsourcing or time sharing arrangement or through the operation of any service bureau, but you may transfer your rights under this Agreement on a permanent basis provided (i) you transfer all copies of any of our Applications you may possess and of this Agreement (including the Privacy Notice); and (ii) the recipient agrees to be bound by this Agreement including the Privacy Notice. Any transfer must include the most recent product upgrade. When you transfer an Application, you must remove all remaining copies of the Application from your computer and destroy any other copies, whether true or modified, in your possession.
You acknowledge and agree that each of our Applications is licensed, not sold to you. You agree that we own all of our Applications, including all Intellectual Property Rights in or relating to each Application, except as otherwise specified or expressly granted to you in this Agreement. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on any Application. My Search reserves all rights not specifically granted in this Agreement. We retain all ownership and Intellectual Property Rights in each of our Applications at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.
You acknowledge that each of our Applications, including all code, content, protocols, software, and documentation provided to you by My Search in conjunction with the Applications or our services are My Search's property or the property of My Search's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. You acknowledge that you do not acquire any ownership rights in any such content, protocols, software or documentation and that you may not resell any of our Applications or services (or any part thereof) or any such content, protocols, software or documentation. All rights not expressly granted hereunder are expressly reserved to My Search and My Search's licensors.
5. Content and Infringement
You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available through the Applications or our services, whether publicly posted or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using an Application, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will My Search be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Application.
We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using our Applications, you may be subject to various risks, including the exposure of data
Sep 26, 2003 5:42 AM
|We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using our Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.
In addition, all content made available or accessed through our Applications is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.
My Search respects and expects its users to respect the rights of copyright holders. On notice, My Search will act expeditiously to remove content accessible through our services that infringes the copyright rights of others. My Search will disable the access to the Applications and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at http://www.mysearch.com/jsp/terms.jsp.
6. Consent to Installation and Right to Uninstall
You understand that you may uninstall any of our Applications at any time by using the Windows add/remove programs function or following the instructions listed on our website at http://help.mysearch.com/searchbar.html#q4. However, by uninstalling the Applications, you will be unable to access our services and, in some instances, unable to use software with which the Application was bundled.
You understand, acknowledge and agree that installation of an Application permits the downloading to your computer by My Search of software which allows us to update the Application, and that such updates may occur without notice to you, unless the terms of this Agreement change in a material way. You agree to accept all such updates and agree that they are and shall be governed by this Agreement unless superceded by a successor agreement as described below.
You further understand, acknowledge and agree that in consideration of the Applications, services and information provided to you by My Search, and in order to make our services functional and robust, the Application may communicate with our servers. The Application does not monitor or report back to My Search with information about where you are traveling or what you do on any web sites. The Application communicates only in connection with verifying and updating your settings (which may be adjusted from the My Search website) or in connection with updates. You hereby consent to such communications and our use of such information. If you wish to withdraw your consent to our gathering and use of such data and information, uninstall our applications.
7. Your Obligations
You represent and warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree, with respect to all other users of your computer, to (i) provide a copy of this Agreement; and (ii) obtain their consent to this Agreement before allowing them to use the computer to access the Internet. You agree to provide and to maintain fully accurate, complete and current information related to your registration for the Applications and our services and information that may be required in the course of your use of our services. If My Search has reasonable grounds to suspect that such information is inaccurate, not current or not complete, My Search has the right to suspend or terminate your account, deny any or all use of the Applications or our services, and pursue any approp
Sep 26, 2003 5:43 AM
|7. Your Obligations
You represent and warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree, with respect to all other users of your computer, to (i) provide a copy of this Agreement; and (ii) obtain their consent to this Agreement before allowing them to use the computer to access the Internet. You agree to provide and to maintain fully accurate, complete and current information related to your registration for the Applications and our services and information that may be required in the course of your use of our services. If My Search has reasonable grounds to suspect that such information is inaccurate, not current or not complete, My Search has the right to suspend or terminate your account, deny any or all use of the Applications or our services, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the My Search services and Applications. You agree not to use the My Search services and Applications to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.
8. Access and Interference; Passwords
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Applications, services or content, except to remove our Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation, which may inadvertently be transferred to your computer through your use of our Applications.
In order to access certain services or use certain features of our Applications, you may be required to pay fees and/or accept additional terms and conditions and/or you may be provided you with a number, code or other sequence that provides access to certain restricted services (the "ID") and to your account (the "Password"). You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
Sep 26, 2003 5:44 AM
|9. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by My Search to download the software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
10. Disclaimer of Warranty
YOU ACCESS AND USE OUR APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR SERVICES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR THE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WE MAKE NO WARRANTY THAT (i) WE CAN IDENTIFY ANY IDENTITY THEFT, (ii) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (iii) ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
You may terminate this Agreement at any time by uninstalling and destroying all copies of our Applications in your possession or control. We may terminate this Agreement, disable Applications or cease providing any service at any time in our sole discretion.
12. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MY SEARCH, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OT
Sep 26, 2003 5:44 AM
|12. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MY SEARCH, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MY SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN MY SEARCH'S AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY MY SEARCH PER USER OF MY SEARCH SOFTWARE PRODUCTS PER MONTH AS CALCULATED BY MY SEARCH BASED ON THE USE OF SUCH PRODUCTS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY MY SEARCH) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN AN APPLICATION USER THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS' FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH OUR APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING OUR APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF OUR APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF OUR APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law. if YOU ARE a COMPANY DOING BUSINESS IN CALIFORNIA, YOU HEREBY waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
13. Export Controls
The Applications and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using our Applications, you agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
14. Notice to Government End Users
Any Applications, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. § 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provi
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|14. Notice to Government End Users
Any Applications, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. § 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
15. Applicable Law
Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude us from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a p
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Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude us from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties pending the award. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
17. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the My Search website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.
You agree that your continued use of any Application or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to My SearchSoftwareProducts@help.Mysearch.com that you do not accept the successor Agreement and remove all of our Applications from your computer and cease all access to and use of our services hereunder. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current Agreement.
18. Order of Precedence
This Agreement and any accepted successor Agreement governs your use of our Applications and our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Applications or services, conflicts with any provision of other agreements between you and My Search or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement
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Without limiting the foregoing, My Search Software Products and My Search's Services are not intended for use by or availability to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY MY SEARCH SOFTWARE PRODUCT OR APPLICATION AND YOU MAY NOT ACCESS THE SERVICES.
EFFECTIVE DATE: December 4, 2002.