THIS AGREEMENT IS A LEGALLY BINDING CONTRACT THAT SHOULD BE READ IN ITS ENTIRETY.
AFTER YOU HAVE READ THE AGREEMENT, CLICK ON THE "ACCEPT" BUTTON BELOW IF YOU AGREE TO BE BOUND BY ALL OF ITS TERMS. YOU MAY THEREAFTER INSTALL AND USE THIS SOFTWARE AND ALL SUBSEQUENT SOFTWARE OR DOCUMENTATION PROVIDED BY BROADJUMP OR ITS SUPPLIERS WHICH YOU USE, INSTALL, ACCESS OR COPY IN ANY FORMAT (THE "LICENSED SOFTWARE") ACCORDING TO THOSE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN CLICK ON THE "DECLINE" BUTTON, AND DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
YOU AGREE THAT YOUR USE, COPYING, OR OTHERWISE MANIPULATING OF THE LICENSED SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
1. LICENSE: Your Internet Access Provider ("IAP") and BroadJump, Inc. and its suppliers ("BroadJump") hereby grant you a nonexclusive, perpetual, irrevocable, nontransferable right to use the Licensed Software for your internal use on your computer in your residence. You shall not have the right to copy, modify, sell, or transfer any part of the Licensed Software.
2. RESTRICTIONS: Except as specifically permitted in this agreement, you shall not have the right to:
(a) Copy the Licensed Software;
(b) Sublicense the Licensed Software;
(c) Resell, rent, lease, transfer, distribute, or otherwise provide the Licensed Software to a third party;
(d) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Licensed Software; or
(e) Remove any copyright notice or any proprietary trade or service marks or notices of BroadJump from the Licensed Software or any related documentation; or
(f) Use the Licensed Software for any purpose other than in connection with your IAP's Internet service.
3. OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title to the Licensed Software and all copies thereof remain with BroadJump. The Licensed Software is copyrighted and is protected by United States copyright laws and international treaty provisions. You will not remove the copyright notice or any proprietary trade or service marks of BroadJump from the Licensed Software. You agree to prevent any unauthorized copying of the Licensed Software. Except as expressly provided herein, neither BroadJump nor your IAP grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
4. COLLECTED INFORMATION AND MODIFICATION OF SETTINGS: During the installation of the Licensed Software, you may be requested to input certain information about yourself (such as your first and last name, your username, etc.), which will be sent to BroadJump and your IAP. In addition, use of the Licensed Software will send to BroadJump and your IAP certain information about the configuration of your computer. All of this information may be used by BroadJump for its internal operational purposes only and this information may be used by your IAP in accordance with your agreements with your IAP. BY AGREEING TO THIS AGREEMENT, YOU HEREBY GRANT TO BROADJUMP AND YOUR IAP THE RIGHT TO USE THIS INFORMATION AS PROVIDED HEREIN, AND YOU HEREBY WAIVE THE RIGHT TO BRING A CLAIM OR LAWSUIT AGAINST BROADJUMP OR YOUR IAP ARISING OUT OF OR RELATING TO THEIR USE OF THAT DATA.
Also, your use of the Licensed Software may modify Internet-related software settings on your computer and will set networking configuration parameters on your computer. BY AGREEING TO THIS AGREEMENT, YOU HEREBY GRANT BROADJUMP AND YOUR IAP THE RIGHT TO CHANGE THE INTERNET-RELATED SOFTWARE SETTINGS ON YOUR COMPUTER AND SET NETWORKING CONFIGURATION PARAMETERS ON YOUR COMPUTER, AND YOU WAIVE ANY CLAIM THAT MAY BE ASSERTED AGAINST BROADJUMP OR YOUR IAP FOR ANY HARM THAT MAY ARISE FROM OR MAY BE RELATED TO THOSE CHANGES AND/OR SETTINGS.
5. BROADJUMP CLIENT FOUNDATION: During your use or installation of the overall Licensed Software, the BroadJump Client Foundation ("CFD.exe") may be installed on your computer. The BroadJump Client Foundation is a small application that facilitates communications between the client software on your computer and your IAP's servers that manage these applications. The BroadJump Client Foundation periodically queries BroadJump or your IAP's servers for one or more of the following reasons (a) to upload the subscriber registration information that is collected at installation, or (b) to check for available updates to your broadband access and support software or messages from your IAP, or (c) for authentication to your IAP's servers for certain application communications. By using the Licensed Software, you are granting BroadJump and your IAP the right to collect and use this information and to send information and communications to your computer, as BroadJump and/or your IAP deem necessary or appropriate. Furthermore, by using the Licensed Software, you are waiving the right to bring a claim or lawsuit against BroadJump or your IAP arising out of or relating to BroadJump or your IAP sending information or communications to your computer. To uninstall CFD.exe, or any other applications installed by this Software on your computer, please follow standard un-installation procedures for your operating system.
6. RIGHT TO TERMINATE NETWORK-BASED SERVICES: By using the Licensed Software, you acknowledge and agree that BroadJump and your IAP shall at all times retain the right to terminate any and all on-going network-based services that you receive pursuant to your use of the Licensed Software for any reason whatsoever, including without limitation your refusal to allow BroadJump and/or your IAP to install on your computer any upgrade or modification to the Licensed Software in the future.
7. DISCLAIMER OF WARRANTY: REGARDLESS OF WHETHER YOU ACTUALLY REGISTER TO USE THE LICENSED SOFTWARE, THE LICENSED SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. BOTH BROADJUMP AND YOUR IAP EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S), OR OTHER INTELLECTUAL PROPERTY RIGHTS. BROADJUMP AND YOUR IAP DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. TO THE EXTENT THAT THE LICENSED SOFTWARE INCLUDES SOFTWARE OWNED BY MICROSOFT CORPORATION, MICROSOFT DISCLAIMS ANY AND ALL WARRANTIES RELATING TO SUCH SOFTWARE AND YOU HEREBY AGREE THAT MICROSOFT SHALL HAVE NO LIABILITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM USE OF THE LICENSED SOFTWARE.
8. LIMITATION OF LIABILITY: THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL BROADJUMP OR YOUR IAP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF BROADJUMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. U.S. GOVERNMENT RESTRICTED RIGHTS: The Licensed Software and documentation are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227- 14 and DFAR252.227-7013 et seq. or its successor. Use of the Licensed Software by the Government constitutes acknowledgment of BroadJump's proprietary rights in the Licensed Software.
10. APPLICABLE LAWS: This Agreement is governed by the laws of the state of Texas. In any suit wherein BroadJump or your IAP is named as a party, Texas is the exclusive venue if the action includes a claim arising out of or relating to this Agreement or the use of the Licensed Software. You may not export the Licensed Software in violation of U.S. export laws and regulations.
IF YOU AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "ACCEPT" BUTTON AND CONTINUE USING THE LICENSED SOFTWARE.
IF YOU DO NOT AGREE WITH EACH AND EVERY TERM SET FORTH ABOVE, CLICK ON THE "DECLINE" BUTTON. THEREAFTER, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
