Please read the following privacy statements and software user agreements.
iMesh is supported by the Gator Advertising and Informational Network (GAIN). All GAIN ads contain the GAIN name and/or logo, are selected for display based on how you surf the web and are not served by any website.
PLEASE READ THE GATOR CORPORATION PRIVACY STATEMENT AND END USER LICENSE AGREEMENT (COLLECTIVELY "Terms and Conditions") CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM. THEY CONTAIN IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE ACCEPTING ANY GAIN-Supported Software (DEFINED BELOW).
THESE Terms and Conditions MAY BE TERMINATED AT ANY TIME BY REMOVING ALL GAIN-Supported Software FROM THE COMPUTER ON WHICH THEY RESIDE USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT(r) WINDOWS(r) CONTROL PANEL, AND DESTROYING ANY OTHER COPIES OF GAIN-Supported Software THAT MAY HAVE BEEN MADE. SOON AFTER ALL GAIN-Supported Software HAS BEEN REMOVED THE GAIN AdServer WILL REMOVE ITSELF AUTOMATICALLY. http://webpdp.gator.com/gain/32/about-gain-01.html, INCORPORATED HEREIN BY REFERENCE, GENERATES A LIST OF GAIN-Supported Software THAT RESIDES ON THE COMPUTER THAT IS USED TO ACCESS THE LINK.
The Gator Corporation
Privacy Statement and End User License Agreement
("Terms and Conditions")
The Gator Corporation ("TGC") provides personal computer users with a winning proposition: the ability to get advertising-supported versions of popular software applications (often valued at up to $30) free-of-charge or at a reduced cost. Downloading or installing these ad-supported software applications requires acceptance of these Terms and Conditions which allows TGC to download and install the "GAIN AdServer" software, which delivers advertising, software, and various informational messages to computer screens ("GAIN Ads").
The GAIN AdServer is patent-pending technology that identifies the interests of anonymous computer users based on their computer usage and web surfing behavior, including the URLs of Web pages viewed by users and other criteria. The GAIN AdServer displays GAIN Ads on computer screens on behalf of TGC's advertising clients. TGC's advertising clients may be competitors of the publishers whose Web pages users may be viewing, or may have recently viewed.
"GAIN-Supported Software" is published by TGC, as well as third-party software publishers. For a list of GAIN-Supported Software published by TGC, direct a computer internet browser to http://www.gatorcorporation.com/ourproducts/. At any time, you can see a list of all GAIN-Supported Software residing on a computer by directing that computer's internet browser to http://webpdp.gator.com/gain/32/about-gain-01.html.
Unless otherwise specified, these Terms and Conditions apply to the GAIN AdServer and GAIN-Supported Software published by TGC ("TGC GAIN-Supported Software") but do not apply to GAIN-Supported Software published by third parties. Third-party GAIN-Supported Software is governed by that third-party's legal agreements.
These Terms and Conditions shall control in the event of any inconsistency between these Terms and Conditions and any prior Gator Corporation terms and conditions agreed to.
--- Privacy Statement ---
We don't know who our users are...
TGC does not know the identity of GAIN-Supported Software users. We do not transmit to our servers personally identifiable information like email addresses, last name, street addresses, or phone numbers. Nor do we have any other sensitive or personal financial information, such as credit card numbers, login IDs, passwords or bank account numbers. Any such information entered into any TGC GAIN-Supported Software application (such as the GatorSM eWallet) will remain on the personal computer upon which it was entered, and will not be sent to our servers.
Here's what we do know...
While we don't know the identity of GAIN-Supported Software users, the GAIN AdServer and TGC does collect and use the following kinds of anonymous information:
- Some of the Web pages viewed
- The amount of time spent at some Web sites
- Response to GAIN Ads
- Standard web log information (excluding IP Addresses) and system settings
- What software is on the personal computer
- First name, country, and five digit ZIP code
- Non-personally identifiable information on Web pages and forms
- Software usage characteristics and preferences
For more information, http://www.gatorcorporation.com/help/psdocs/datause.html, incorporated herein by reference, provides a more detailed description of the information collected by TGC and how it is used.
Here's what we do with it...
We associate the anonymous information we collect with a particular computer through a randomly generated Anonymous ID number to accomplish the following:
- Enable the functionality provided in TGC GAIN-Supported Software applications (for example, when to offer help - filling in a form or when to reset the personal computer's clock to the accurate time)
- Select and deliver installation files for optional new software applications
- Select GAIN Ads to display to GAIN-Supported Software users' computer screens. GAIN Ads may be displayed on behalf of advertisers who may be competitors of the publishers of the Web pages you are viewing or have recently viewed.
Any information provided to any TGC employees or contractors, such as our technical support department, may be stored on our servers in archives of our support and customer service department. This information, however, will not be associated with the information we may store and use listed above.
We share anonymous aggregate information about what Web pages users view on the Internet. For example, we might tell a merchant that we have 50,000 users who buy books. We do not disclose information associated with any individual user to that merchant.
We sometimes use third party contractors who may be given access to any information we have so they may perform tasks that might otherwise be done by our employees. These contractors, however, have no rights to use such information for purposes other than those described herein; and they are subject to the same restrictions as our employees. In the event that TGC merges with another company, transfers or sells substantially all of its assets or capital stock to a third party, all collected information would be included in the merger, transfer or sale and that company would be bound by these Terms and Conditions just as we are bound today.
If legally required to do so, we will disclose to a third party any information we have.
How we distribute GAIN(sm)-Supported Software and the GAIN(sm) AdServer...
All GAIN-Supported Software comes with the GAIN AdServer. The distribution of GAIN-Supported Software may occur in several different ways including: a) by downloading software from a Web site; b) by clicking to download software from online advertising (patent-pending); and c) through trial programs in which GAIN-Supported Software are included as an "opt-out" option with other software products one might choose to download.
http://www.gatorcorporation.com/help/psdocs/distribution.html, incorporated herein by reference, provides more detail about the distribution of GAIN-Supported Software and the GAIN AdServer.
GAIN Ads contain the GAIN name and/or logo...
GAIN Ads contain the name "GAIN" in the title bar and/or the GAIN logo in the advertisement. The GAIN brand is displayed to inform users that GAIN Ads come from TGC and are not associated, sponsored, or affiliated in any way with any other Web pages being viewed by users. The logo and/or GAIN name distinguishes GAIN Ads from all other advertisements.
How we display GAIN(sm) Ads...
GAIN Ads will only be displayed on a computer's screen or storage media if one or more GAIN-Supported Software programs reside on that computer. Many GAIN Ads are displayed on computer screens on behalf of advertisers who compete with the company whose Web pages the GAIN-Supported Software user may be viewing or may have recently viewed.
TGC displays GAIN Ads on computer screens in a variety of ways. The GAIN Ad formats we may use include, among others, the following:
- Pop-Up Windows appear as windows on top of or beneath other windows on the computer screen.
- Pop-Up Slider Windows appear as floating images on top other windows on the computer screen.
- Embedded Ads are displayed within some GAIN-Supported Software applications.
- Desktop icons and installation files may be placed on the computer that link to products and services.
http://www.gatorcorporation.com/help/psdocs/advehicles.html, incorporated herein by reference, more fully describes some of these GAIN Ad formats.
How to Control the Display of GAIN(sm) Ads...
Some GAIN ad formats offer user preference settings that allow consumers to control some aspects of the display of GAIN Ads. These user preference settings may be found by clicking on the question (?) box at the top right of the title bar of certain GAIN Ads.
How to Stop the Display of GAIN(sm) Ads...
To stop GAIN Ads from being displayed one must remove all of the GAIN-Supported Software applications residing on the computer using the Add/Remove Programs menu in the Microsoft Windows control panel. Users can view a list of all GAIN-Supported Software on their computer, along with removal instructions, in a variety of locations including: (i) through the 'start," "programs," "GAIN," "About GAIN" menu entry (via a hypertext link), (ii) by clicking on the question (?) box at the top right of the title bar of certain GAIN Ads, and (iii) via TGC's web site at http://webpdp.gator.com/gain/32/about-gain-01.html.
How TGC GAIN-Supported Software and the GAIN(sm) AdServer Work...
When running on a computer, TGC GAIN-Supported Software and/or the GAIN AdServer regularly communicate with TGC servers, and in some cases, third party servers, among other reasons, to:
1. maintain/update the GAIN-Supported Software or the GAIN AdServer;
2. facilitate installing and removing the GAIN-Supported Software or the GAIN AdServer;
3. retrieve content and ads for display;
4. facilitate various TGC GAIN-Supported Software or GAIN AdServer features;
5. collect anonymous computer user usage information; and/or
6. update user information.
http://www.gatorcorporation.com/help/psdocs/communications40.html, incorporated herein by reference, provides more detail regarding communications between a computer and other computers arising from use of TGC GAIN-Supported Software and the GAIN AdServer.
To introduce new GAIN-Supported Software applications and services to computers' with existing GAIN-Supported Software, we will display a message to the computer screen asking whether the new software is desired. If a user chooses to receive the new software by clicking on the message, we will download the software to that computer. In some cases we will install/setup the software automatically. In other cases the installation/setup of the software is designed to be handled by the user of that computer. In either case, we will provide notification when the download is complete and provide instructions on how to proceed.
To improve the features or functions of the GAIN AdServer or TGC or third-party GAIN-Supported Software, we may occasionally install technologies, such as certain rich media player applications, browser plugins, virtual machines, and runtime environments (collectively "Enhancement Technologies"). For example, these Enhancement Technologies may be used to deliver audio and visual effects such as animation, video and sound, or to provide enhanced services such as secure coupon printing. In the event that we install on a computer Enhancement Technologies developed by a third party, that third party's privacy statement for those Enhancement Technologies will be at least as protective of privacy as TGC's Privacy Statement; otherwise we will display to the computer screen a notification message describing the technology we installed with a link or reference to the applicable privacy statement, or utilize a click-through agreement to obtain user consent, as appropriate.
http://www.gatorcorporation.com/help/psdocs/enhancementtechnologies.html, incorporated herein by reference, contains a list of current Enhancement Technologies distributed by TGC and links to their respective policies. Note that soon after all GAIN-Supported Software has been removed from a computer, the GAIN AdServer removes itself automatically. Any Enhancement Technologies that were previously installed (such as browser plug-ins and audio/video players) will remain on the computer because other programs may rely on these Enhancement Technologies to function correctly.
How we use cookies and web beacons...
TGC GAIN-Supported Software and/or the GAIN AdServer uses cookies for the following purposes:
- To identify the business associate that was responsible for introducing GAIN-Supported Software so that we can pay that business associate a fee;
- To identify the GAIN-Supported Software on the computer; and/or
- To limit how often we display GAIN Ads.
In order to enable certain third parties to display targeted ads and informational messages on our behalf, the GAIN AdServer or TGC GAIN-Supported Software may read cookie information that those third parties stored on the computer. That information may be sent to our servers so that we can include it in advertisement display requests that we send to those third parties. Please note that when any third party service providers, such as ad serving companies, set and access cookies at our request, they do so in accordance with their own privacy statements.
http://www.gatorcorporation.com/help/psdocs/thirdparties.html, incorporated herein by reference, provides a list of any third parties who set and access cookies on the computer in order to facilitate a feature or service associated with GAIN-Supported Software. This list also includes links to their privacy statements.
Third party service providers that serve ads to users, at our request, may use web beacons. Some GAIN Ads include "web beacons," which allow third party service providers to access cookies on a computer to target ads and provide campaign analysis for their clients who use our services. Some third party service providers who access cookies in this way allow consumers to opt-out of their use of these cookies.
http://www.gatorcorporation.com/help/psdocs/naisite.html, is a third party Web site that allows consumers to inform some advertisers they wish to revoke the right of those advertisers to access cookies on a computer.
Some third parties offer visitors the opportunity to download TGC GAIN-Supported Software from their Web sites. TGC hosts some of the Web pages for these third parties. We use web beacons on these pages to count the number of people who have viewed these pages so that we can pay the third parties for any downloads of TGC GAIN-Supported Software that originate from their Web sites.
How we use optional surveys...
Users who remove TGC GAIN-Supported Software from their computers may be asked why the software is being removed. Responding to such survey, however, is entirely optional and will not affect a user's ability to remove any TGC GAIN-Supported Software. Also, from time to time, we may display a GAIN branded pop-up advertisement from Feedback Research, a division of TGC, inviting users to join a survey panel or participate in a survey. A survey panel is a group of people that meet a certain criteria that are periodically asked for their opinions. Participation in a survey panel is completely voluntary and optional.
Eligibility for joining a panel or taking a survey may require a person to answer demographic "screening" questions such as gender, age, employment status, income range, educational level, head of household, the number of people in their family, and/or whether they own or rent their home. Answers to these screening questions and/or to the Feedback Research survey questions are often stored on Feedback Research servers, and anonymous individual responses to these questions may be provided to our clients. Answers to both screening questions and survey questions may be associated with an Anonymous ID, but not with a user's identity which remains unknown to Feedback Research and TGC.
Finally, Feedback Research may offer users the opportunity to provide an email address in order to enter a sweepstakes. The sole purpose of collecting this email is to contact them if they win. To ensure their privacy, any email address provided to Feedback Research for this reason are sent directly to a third party contractors' servers to ensure they are stored separate from, and cannot be associated in any way with, Anonymous IDs or the answers to Feedback Research screening or survey questions.
Changes to our Privacy Statement and End User License Agreement
If these Terms and Conditions change in the future, we will not, collect, use, or store any personally identifiable information without first obtaining permission. As we issue subsequent revisions to these Terms and Conditions that do not involve personally identifiable information, we will provide notice by displaying an online pop-up message. We will also continue to publish the current Terms and Conditions on our web site.
For support questions contact us at support@gatorcorporation.com. For specific questions regarding the specific terms of these Terms and Conditions, contact us at privacy@gatorcorporation.com.
--- End User License Agreement ("Agreement") ---
Terms defined in the TGC Privacy Statement used in this Agreement will retain the definition provided in the TGC Privacy Statement. The GAIN AdServer and TGC GAIN-Supported Software shall be collectively referred to as "Licensed Materials." Licensed Materials, any Web sites owned and operated by us, and any content available therefore shall be collectively referred to as "Gator Supplied Materials."
Ownership
All Users of This Computer Bound. You represent and warrant that you are the owner of the computer and that you have authorized the download and installation of the GAIN AdServer and GAIN-Supported Software, or that the owner of the computer has authorized you to do so. You agree, with respect to all other users of the computer that you have caused the GAIN AdServer and GAIN-Supported Software to reside, to (i) provide a copy of the TGC Privacy Statement and End User License Agreement; and (ii) to obtain their consent to same before allowing them to use the computer to view Web sites on the Internet. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer that you have caused the GAIN AdServer and GAIN-Supported Software to reside, then you hereby accept this Agreement on behalf of all such other users. Also, you agree not to use the GAIN AdServer, or GAIN-Supported Software, in a manner prohibited by law, or in violation of any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in your use of the GAIN AdServer and GAIN-Supported Software.
Access and Interference
You agree that you will not use, or encourage others to use, any unauthorized means for the removal of the GAIN AdServer, or any GAIN-Supported Software from a computer. For a list of authorized means for the removal of GAIN-Supported Software, view http://webpdp.gator.com/gain/32/about-gain-01.html. You also agree that you will not use, or encourage others to use, any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of any Gator Supplied Materials, or third party GAIN-Supported Software. You agree not to use any means to avoid the display of any GAIN Ads while retaining the ability to use any GAIN-Supported Software.
Voluntary Software and Right to Remove
You understand that the presence of any GAIN-Supported Software on any computer is voluntary and you may remove any of them from your computer at any time. To stop receiving GAIN Ads all of the GAIN-Supported Software programs residing on the computer must be removed. Users can view a list of all GAIN-Supported Software on their computer, along with instructions for its removal, in a variety of locations including: (i) through the "start," "programs," "GAIN," "About GAIN" menu entry (via a hypertext link), (ii) by clicking on the question (?) box at the top right of the title bar of certain GAIN Ads, and (iii) via TGC's web site at http://webpdp.gator.com/gain/32/about-gain-01.html, incorporated herein by reference. If you know what GAIN-Supported Software resides on the computer, you can simply use the Microsoft( Windows( Add/Remove Programs menu in your Microsoft Windows control panel. Thereafter, the GAIN AdServer will remove itself. Please note that removing all GAIN-Supported Software does not necessarily remove any Enhancement Technologies (as described above).
Termination
These Terms and Conditions may be terminated at any time, by any user, by removing all GAIN-Supported Software from the computer using one or more of the above described removal methods and destroying any other copies of the GAIN AdServer and GAIN-Supported Software you may have made.
Security
Users of the GatorSM eWallet, are solely responsible for maintaining the confidentiality of their GatorSM eWallet master password. They are also responsible for all uses of their GatorSM eWallet master password and any and all related uses of their information stored in any TGC GAIN-Supported Software, whether or not authorized by them.
Links
Gator Supplied Materials and GAIN Ads that are displayed on a computer screen may contain links to web sites operated by other parties. These linked web sites are not under the control of TGC, and TGC is not responsible for the content available on any other Internet sites so linked. Unless otherwise stated, such links do not imply TGC's endorsement of material on any other web site. Access to any other Internet sites linked as herein described is at the users own risk.
Unless otherwise set forth in a written agreement between you and TGC, in order to link to one or more of TGC's Web Site(s) you must adhere to TGC's linking statement as follows: (i) any link to TGC's Web Site must be a text only link clearly marked "TGC Web Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TGC's names and trademarks, (iii) the link must "point" to the URL http://www.gatorcorporation.com/ and not to other pages within TGC Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TGC, Inc., (v) when selected by a user, the link must display TGC Web Site on full-screen and not within a "frame" on the linking web site, and (vi) TGC reserves the right to revoke its consent to the link at any time and in its sole discretion.
Scope of License
TGC grants you a non-exclusive, limited license, pursuant to the terms hereof, to (a) install and use the most current versions of Licensed Materials solely for the purpose of accessing and using GAIN-Supported Software available through our Web site or servers, or the Web sites and servers of our business associates, and (b) use Licensed Materials for your personal, non-commercial purposes.
License Restrictions
Your license to an existing version of Licensed Materials may, at TGC's discretion, expire when new versions of Licensed Materials are released. TGC reserves the right to add additional features or functions to existing Licensed Materials, or to add new applications to the Licensed Materials, at any time. When installed on your computer, all Licensed Materials that communicate with TGC or third party servers do so as described in TGC Privacy Statement. Additionally, TGC may require the update or automatic distribution of Licensed Materials on your computer when a new version of the Licensed Materials is released to the general public, when new features are available, to display promotional offers, and/or to add new applications to the applications that comprise Licensed Materials. This update or new download may occur automatically or through other means. You understand that TGC and/or one of our business associates may require your review and acceptance of TGC's or their then current privacy statement and/or license agreement before you will be permitted a limited license to any subsequent versions of Licensed Materials.
Notwithstanding the foregoing, TGC and its business associates have no obligation to make available to you any subsequent versions of Licensed Materials. You may not distribute or copy (other than for backup purposes) Licensed Materials. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble Licensed Materials equivalent of Licensed Materials in any way. You do not have the right to create derivative works of Licensed Materials, and you agree not to attempt, or allow others to attempt, to reverse engineer Licensed Materials and/or modify Licensed Materials source code. Any and all such modifications or enhancements to Licensed Materials by you, TGC, or TGC business associates remain the sole property of TGC or its business associate. You further agree not to access TGC or TGC business associate services or software application by any means other than the interface provided by TGC or such business associate to access the relevant service. Without limiting TGC's rights, you understand that TGC, in its discretion, may modify, discontinue, or suspend your right to access any of the Licensed Materials at any time; provided, however, in the event that TGC makes such modification, discontinuance, or suspension of your right to access any of the Licensed Materials, you may terminate your obligation to receive GAIN Ads, and this Agreement, by removing all GAIN Supported Software as provided hereunder.
TGC reserves all rights in Licensed Materials not expressly granted to you in this Agreement.
Other Restrictions
You may not rent, lend, assign, or lease Licensed Materials, but you may transfer your rights under these Terms and Conditions on a permanent basis provided (i) you transfer all copies of the Licensed Materials and these Terms and Conditions; and (ii) the recipient agrees to be bound to these Terms and Conditions. Any transfer must include the most recent product upgrade. Prior to transferring Licensed Materials you must remove the Licensed Materials to be transferred from your machine.
Ownership
You agree that all Licensed Materials are licensed, not sold to you. You agree that Licensed Materials belong to TGC, including all intellectual and proprietary rights, unless otherwise specified. TGC retains all right, title and interest in and to Licensed Materials at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Additionally, all content accessed through Licensed Materials is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no rights to such content. Finally, any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by TGC at TGC's sole discretion; and, TGC will have no obligation to you regarding any ideas or inventions that you disclose through such means.
Disclaimer of Warranty
USE OF Gator Supplied Materials IS AT YOUR OWN RISK. TGC PROVIDES Gator Supplied Materials ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. TGC ALSO DISCLAIMS ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB SITES THAT MAY BE LINKED FROM ANY GATOR SUPPLIED MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. TGC MAKES NO WARRANTY THAT (i) THE Gator Supplied Materials ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Gator Supplied Materials WILL BE RELIABLE; (iii) THE Gator Supplied Materials WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE Gator Supplied Materials WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE Gator Supplied Materials WILL BE CORRECTED. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
IN NO EVENT WILL TGC, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, THIRD PARTY DEVELOPERS OR DISTRIBUTORS OF GAIN-SUPPORTED SOFTWARE, OR ANY OF THE FOREGOING ENTITIES OFFICERS, DIRECTORS, EMPLOYEES, OR AGENT (COLLECTIVELY "Protected Parties") BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF TGC PRIVACY STATEMENT, END USER LICENSE AGREEMENT, OR YOUR USE OR INABILITY TO USE Licensed Materials, OR Gator Supplied Materials EVEN IF A Protected Party HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Protected Parties MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT, OR TGC PRIVACY STATEMENT, EXCEED THE LESSER OF $100 OR THE REVENUE ACTUALLY RECEIVED BY TGC DIRECTLY ATTRIBUTABLE TO THE GAIN AdServer.
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, Protected Parties liability shall be limited to the extent permitted by law.
No Protected Parties Liability
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 arising from: (i) any method or process in which Licensed Materials may be used by you; (ii) any results of using Licensed Materials; (iii) any use of other than a current unaltered release of Licensed Materials; or (iv) the combination, operation or use of any Licensed Materials furnished hereunder with non-Licensed Materials if such infringement would have been avoided by avoidance of the combination, operation, or use of the Licensed Materials with other programs, data, or other materials.
Privacy Statement and Other Policies
You agree to be bound by and comply with the TGC Privacy Statement applicable to any Licensed Materials, the privacy statements applicable to third party GAIN-Supported Software, and any other policies governing the use of Licensed Materials for which, as appropriate, you have accepted via a click-thru agreement; or have been provided notice. Visit http://www.gatorcorporation.com/help/psdocs/thirdparties.html to view a list of any third parties, if any, who set and access cookies on your computer in order to facilitate a feature or service of the GAIN AdServer or TGC GAIN-Supported Software. This list will also include links to their privacy statements.
Export Controls
The GAIN AdServer, GAIN-Supported Software, 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) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Sudan, 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 the GAIN AdServer or GAIN-Supported Software, you are 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.
Applicable Law
The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Santa Clara or San Mateo County, California. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
Arbitration
Any claim or controversy arising out of or related to these Terms and Conditions, Licensed Materials, Gator Supplied Materials, or any GAIN-Supported Software shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude TGC from seeking any injunctive relief in State or Federal courts for protection of TGC's intellectual property rights.
Successor Agreements
These Terms and Conditions may change in the future. In such case, and when appropriate, TGC will obtain your consent prior to the new document going into effect.
In most cases, TGC will provide you with an on-line pop-up window notice informing you that changes have been made to the documents and will provide you either with an active link, or inactive URL address, that you can use to view a web page containing the revised documents (or leading you to the appropriate documents). TGC will always post its most recent Privacy Statement and End User License Agreement on TGC's web site that can be accessed at http://www.gatorcorporation.com/help/psdocs/privacy-help.html.
You agree that after receipt of such change notice, you consent to TGC's revised Terms and Conditions unless you remove all GAIN-Supported Software from your computer, and destroy all copies of same you may have created. Failure to remove and destroy all GAIN-Supported Software from your computer will be deemed an acceptance of the terms of TGC's most current Terms and Conditions for which you have given your consent, or for which you have been given notice, as appropriate. Except as provided in this section, these Terms and Conditions may not be revised except in writing signed by all relevant parties.
U.S. Government Restricted Rights
Licensed Materials are provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions 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.
General
These Terms and Conditions, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and TGC with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. TGC shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of TGC. Except as described herein, you may not assign this Agreement without our explicit consent.
Effective: December 2002
TGC, Gator, GAIN, Gator eWallet, Offer Companion, Precision Time, Date Manager, and Weatherscope are marks of The Gator Corporation. The use of the mark Gator, alone, is strictly prohibited.
Microsoft Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries.
This Software Use Agreement (this "Agreement" governs your use of the software produced by or on behalf of New.netÖ, Inc. ("New.net") which you are installing or install (including any updates, enhancements or upgrades thereto) (the "Product"). Please read this Agreement carefully because it constitutes a legally binding contract between you and New.net and governs your use of the Product. In addition, should you choose to access and/or use New.net's web site which has its homepage located at www.new.net (the "Site"), such access and use will be governed by the Site's policies and agreements in effect at that time.
Address and Contact Information.
New.net is a Delaware corporation. New.net's business address is: 15260 Ventura Blvd., Sherman Oaks, CA 91403. You may send email to New.net at info@new.net.
Acceptance of Terms, Agreement.
By installing the Product, you agree to be bound by all of the terms and conditions stated in this Agreement . If you do not wish to be bound by this Agreement, you must not install or otherwise access the Product. New.net may amend this Agreement at any time without notice and such modifications shall be deemed effective immediately upon posting on the Site the modified terms or this Agreement as so modified. You should review the Site from time to time to look for any such modified terms. Your continued access to or use of the Product shall be deemed conclusive acceptance by you of the modified terms of this Agreement. If any changes or modifications to this Agreement are unacceptable to you, you must cease using the Product. Should a conflict between this Agreement as set forth here and this Agreement as posted to the Site arise, you understand and agree that the Agreement as posted on the Site will control and govern your use of the Product.
Rights; Restrictions; Ownership.
This Agreement allows you to use the Product. New.net grants to you a nonexclusive, nontransferable, royalty-free license permitting you to download and install the Product solely for your personal use. The rights granted to you by New.net shall not be assigned, sublicensed or otherwise conveyed or transferred by you to any other person, organization or entity. Any rights not expressly granted to you herein by New.net are reserved. You shall not decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human-perceivable form. You shall not modify, sell, rent, transfer, resell, distribute, duplicate, reproduce, copy, license or modify, or create derivative works based upon, the Product or any part thereof. You will not export or re-export, directly or indirectly, the Product into any country prohibited by the United States Export Administration Act and the regulations thereunder. The foregoing license gives you limited rights to use the Product. You do not become the owner of the Product. As between you and New.net, New.net retains all title to the Product and all copies thereof. All rights not specifically granted in this Agreement are reserved by New.net. You acknowledge and agree that New.net holds all rights to, title to and interest in all tangible and intangible incidents of the Product, including all patents, copyrights and trade secrets pertaining thereto, and that this Agreement conveys to you only a limited right to access and use the Product. You acknowledge that the Product, including, without limitation, all code therein, contains proprietary and confidential information, are owned by New.net, and are protected by applicable intellectual property and other laws. You shall not infringe or violate any such rights or laws.
Automatic Update Feature.
The Product may automatically communicate with New.net's, or third party's, servers on the Internet to check for and install updates to the Product, such as bug fixes, patches, enhanced functions, and new versions. You consent to your receipt and installation of all of the foregoing and agree that all of the foregoing shall be governed by this Agreement, unless other terms are provided with the update.
Content.
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 Product, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand and agree that by using the Product you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will New.net 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 Product.
Privacy.
New.net does not collect any Personally Identifiable Information about you via the Product. "Personally Identifiable Information" means information that would allow the collector to determine, without reference to any other information, your name, address or telephone number. However, New.net may collect non-personally identifiable technical or distribution information that may include, without limitation, information regarding your Internet service provider, the IP address or other source from which the Product was downloaded or installed, and certain operating metrics such as which Product number belongs to your Product.
Modifications to Product or Site; Termination.
New.net has the right at any time to disable, modify or discontinue, temporarily or permanently, the Site or the Product (or any part thereof), or the term of the license granted by this Agreement, with or without notice or obligation to you or any third party. You agree that New.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, the Product or any license.
THIRD PARTIES.
YOU AGREE AND UNDERSTAND THAT ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN, THAT MAY BE PRO VIDED WITH THE PRODUCT IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GO VERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT OR OTHER CONTRACT. NEW.NET IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE, PRODUCT S, OR SERVICES AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE, PRODUCTS, OR SERVICES.
WAIVER OF CLAIMS; LIMITATION OF LIABILITY; NO WARRANTIES.
BY INSTALLING, DOWNLOADING OR USING THE PRODUCT, YOU HEREBY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU HAVE NOW OR MAY HAVE IN THE FUTURE AGAINST NEW.NET RELATING TO YOUR DOWNLOAD, INSTALLATION OR USE OF THE PRODUCT. YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCT IS TO STOP USING THE PRODUCT. YOU SPECIFICALLY AGREE THAT NEW.NET SHALL NOT BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION OR USE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO LOSS OR LIABILITY: (A) ARISING IN CONNECTION WITH SOFTWARE CONFLICTS RELATED TO THE PRODUCT; (B) RESULTING FROM DATA NON-DELIVERY, DATA MIS-DELIVERY OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OR DATA; (C) ARISING IN CONNECTION WITH YOUR INFRINGEMENT OF A THIRD PARTY'S RIGHT; OR (D) RESULTING FROM DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE PRODUCT. WITHOUT LIMITING THE FOREGOING, NEW.NET SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RE LATING IN ANY WAY TO THE PRODUCT OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER YOU HAVE ADVISED NEW.NET OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT.
Indemnification.
You agree to release, indemnify, defend and hold harmless New.net, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) due to or arising out of your use, installation or download of the Product or your breach of this Agreement. New.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
Notice to Government End Users.
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. º 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. º12.212 or 48 C.F.R. º227.7202, as applicable. Consistent with 48 C.F.R. º12.212 or 48 C.F. R. ºº227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Limited Distribution and Territorial Considerations.
New.net controls and operates the Product from its offices within the State of California, U.S.A., and all transactions conducted regarding the Product are conducted in the State of California. New.net makes no representation that materials in the Product are appropriate or available for use in other locations. Those users who choose to access the Product from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. European Union users understand and consent to the processing of personal information (if any) in the United States. Use of or access to the Product should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by New.net.
General Provisions.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law principles. With respect to all matters pertaining to this Agreement or the Product, you shall bring all actions, and you consent to jurisdiction, in either the state or federal courts located in Los Angeles County, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Use of the Product is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between you and Belcaro Group Inc. d/b/a/ ShopAtHomeSelect.com for the software product described herein. By installing, copying or otherwise using such software product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, you may not use this software product.
Purpose of Software
The purpose of the Golden Retriever Software is to help you (the end-user of GOLDEN RETRIEVER SOFTWARE) to maximize your cash back commissions from all of your on-line purchases. When you enter a merchantÆs URL in your browser window that participates in the ShopAtHomeSelect.com (SAHS) program without first going to the SAHS site, this software program will redirect you to the SAHS site and then to the participating merchant's site without interrupting your shopping experience to earn the consumer rebate which is available to SAHS members. The Golden Retriever Software will not redirect any ad supported links including, but not limited to, sponsored search engine links, or other affiliate links. You may use this software only for personal, non-commercial shopping activity via the SAHS site.
The GOLDEN RETRIEVER SOFTWARE is updated regularly as it communicates with our merchant database on the SAHS site. SAHS does not guarantee that the GOLDEN RETRIEVER SOFTWARE includes all merchant offers available on the SAHS site, as this is dependent on the policies of individual merchants. Logging on to the SAHS site prior to going to individual merchants' sites will allow access to the greatest number of Select merchants available.
The GOLDEN RETRIEVER SOFTWARE may be updated periodically by SAHS, as seen fit by SAHS. These periodic updates may be provided to you.
Acceptance of License Agreement
BEFORE CLICKING ON THE DOWNLOAD BUTTON FOR THE GOLDEN RETRIEVER SOFTWARE, IT IS IMPORTANT THAT YOU READ THE TERMS OF THIS LICENSE AGREEMENT. Clicking on the Download button and installing the GOLDEN RETRIEVER SOFTWARE is your confirmation that, as the end user of the GOLDEN RETRIEVER SOFTWARE, you agree to all of the terms and conditions of this License Agreement.
Non-Exclusive License; Ownership of Software; Proprietary Information; Protected by Copyright and Other Laws
Subject to the terms of this License Agreement, SAHS grants to you a non-exclusive, limited license to install and use one copy of GOLDEN RETRIEVER SOFTWARE on a single computer. SAHS maintains all ownership rights of the GOLDEN RETRIEVER SOFTWARE, including all title, interest in, and intellectual property rights of the GOLDEN RETRIEVER SOFTWARE. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SAHS. All title and copyrights in and to the GOLDEN RETRIEVER SOFTWARE software (including but not limited to any images, photographs, animations, video, audio, music, text, and other features incorporated into the GOLDEN RETRIEVER SOFTWARE software), the accompanying printed materials, and any copies of the GOLDEN RETRIEVER SOFTWARE software, are owned by SAHS. The GOLDEN RETRIEVER SOFTWARE software is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. Therefore, you must treat the GOLDEN RETRIEVER SOFTWARE software like any other copyrighted material. You may not copy the GOLDEN RETRIEVER SOFTWARE software or any accompanying materials. Because the GOLDEN RETRIEVER SOFTWARE software contains proprietary information of SAHS, you agree: (i) to hold in the strictest confidence all code and other elements of GOLDEN RETRIEVER SOFTWARE software, (ii) not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the GOLDEN RETRIEVER SOFTWARE software to any third party, and (iii) not to make use of the GOLDEN RETRIEVER SOFTWARE software other than for the permitted purposes under this Agreement.
Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPTATHOMESELECT.COM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE GOLDEN RETRIEVER SOFTWARE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ACCORDINGLY, YOUR USE OF THE GOLDEN RETRIEVER SOFTWARE SOFTWARE IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE SOFTWARE NOT WORKING AS INTENDED.
Additional Terms
The end user is prohibited from making any changes or asking others to make changes to the GOLDEN RETRIEVER SOFTWARE, including decompiling or reverse engineering the software, modifying it in any way, or disassembling the software. Any modifications to the GOLDEN RETRIEVER SOFTWARE remain the exclusive property of SAHS.
SAHS may in its sole discretion and for any reason discontinue your right to access and use the GOLDEN RETRIEVER SOFTWARE.
The GOLDEN RETRIEVER SOFTWARE can be uninstalled at any time and at the discretion of the end user.
The end user must be more than 18 years of age in order to enter into this License Agreement for the licensing of the GOLDEN RETRIEVER SOFTWARE and use of the GOLDEN RETRIEVER SOFTWARE.
The end user is not entitled to support of any kind with the GOLDEN RETRIEVER SOFTWARE, including telephone assistance.
SAHS has no control over other sites which may be accessed by the end user, including those sites which are linked to the SAHS site. Therefore, SAHS is not responsible for the content or function of any other site, and disclaims any liability for all aspects of other sites which are accessed by the end user via direct access or access through the SAHS site.
To uninstall the Golden Retriever Software, go to http://www.shopathomeselect.com/uninstallGoldenRetriever.asp and click on the link to uninstall.
Another way to uninstall the GOLDEN RETRIEVER SOFTWARE, go to your Windows Control Panel. Next, click on Add/Remove Programs. Then click on SAHAGENT and then click on Change/Remove. Once you reboot, Golden Retriever Software will be removed. For any difficulties in uninstalling GOLDEN RETRIEVER SOFTWARE, please contact CS3@ShopAtHome.com
Updates to Software and Modifications to License Agreement
The GOLDEN RETRIEVER SOFTWARE is updated periodically by communication with the SAHS site's databases. SAHS in its sole discretion may or may not automatically update the GOLDEN RETRIEVER SOFTWARE on your computer, and has no obligation to provide the end user with updates.
The terms of this License Agreement may change from time to time. All such modifications to the License Agreement will be posted on the SAHS site. Please review these posted terms on a regular basis. Any such modification constitutes a successor License Agreement. Continued use of the GOLDEN RETRIEVER SOFTWARE indicates end user's acceptance of such successor agreements. At its option, but without any obligation to do so, SAHS may notify you by e-mail of such modifications.
If the end user does not accept any such successor agreements, the following is required: the end user must notify SAHS by sending an email to goldenretriever@shopathomeselect.com and uninstall the GOLDEN RETRIEVER SOFTWARE from his/her computer. Failure to uninstall the GOLDEN RETRIEVER SOFTWARE constitutes acceptance of the successor agreement, regardless of whether or not an email has been sent to goldenretriever@shopathomeselect.com stating non-acceptance of the successor agreement.
Termination of License Agreement
The end user may terminate this License Agreement at any time by uninstalling the GOLDEN RETRIEVER SOFTWARE and destroying all copies of the GOLDEN RETRIEVER SOFTWARE. This License Agreement is terminated automatically if the end user does not comply with all of the terms and conditions of the agreement. SAHS also may terminate this License Agreement at any time for any reason, without notice, in its sole discretion, in which case SAHS will undertake to notify you of such termination. In the event that the License Agreement is terminated for any reason, the end user must uninstall the GOLDEN RETRIEVER SOFTWARE and all copies of the GOLDEN RETRIEVER SOFTWARE must be destroyed.
Dispute Resolution
Any disputes and/or claims arising out of this License Agreement and the use of the SAHS site and/or products and services shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be conducted before a single arbitrator in Denver, Colorado, and the rules of the American Arbitration Association shall govern such arbitration. Any claimants shall have their claims/disputes resolved on an individual basis. Any award rendered in arbitration shall be final and binding, and may be enforced in any court with appropriate jurisdiction.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOPATHOMESELECT.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GOLDEN RETRIEVER SOFTWARE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SHOPATHOMESELECT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SHOPATHOMESELECT.COM'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO $100. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Restrictions
You acknowledge that the GOLDEN RETRIEVER SOFTWARE software licensed hereunder is subject to the export control laws and regulations of the United States. You confirm that with respect to the GOLDEN RETRIEVER SOFTWARE software, you will not export or re-export it, directly or indirectly, to any countries that are subject to United States export restrictions. You further acknowledge that the GOLDEN RETRIEVER SOFTWARE software may include technical data subject to export and re-export restrictions imposed by United States law.
General Terms of License Agreement
The laws of the State of Colorado govern the performance and interpretation of this Agreement, without regard to any conflicts of laws provisions.
This License Agreement, as it may be modified from time to time constitutes the entire agreement under which SAHS allows the end user to use the GOLDEN RETRIEVER SOFTWARE. If there are any provisions or clauses in this License Agreement which may now or in the future be held to be illegal or invalid, only those specific terms shall be deemed unenforceable and the remainder of the agreement shall remain in force.
In addition to any other limitations which may be set forth herein, SAHS shall not be responsible for events which are out of the control of SAHS and which negatively impact the performance or use of the GOLDEN RETRIEVER SOFTWARE, such as acts of God, acts by governmental authorities, or other acts not within the control of SAHS.
"MY SEARCH"
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iMesh is supported by MySearch. You can review the MySearch End User License Agreement at the following website:
http://www.mysearch.com/jsp/terms.jsp
You will also be able to review this End User License Agreement on the next page of the installer.
