BY CHOOSING "I ACCEPT THE AGREEMENT" AND CLICKING ON THE "NEXT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT AS WELL AS THE USER LICENSE AGREEMENTS APPENDED BELOW. IF YOU DO NOT AGREE TO ANY TERM OF THESE AGREEMENTS, CLICK THE "CANCEL" BUTTON AND THE PROGRAM WILL NOT BE INSTALLED.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH AdvancedDVDPlayer MAYBE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AdvancedDVDPlayer OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, 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.
USER AGREE TO USE THIS PROGRAM FOR LEGAL PURPOSE ONLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RELEVANTKNOWLEDGE, A SERVICE OF MARKETSCORE, INC. YOU MUST READ AND AGREE TO THE TERMS AND CONDITIONS STATED BELOW (the ôAgreementö) BEFORE PARTICIPATING IN THE RELEVANTKNOWLEDGE SERVICE. BY CLICKING ON æACCEPTÆ, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
You must meet the following requirements to be eligible to participate in the RelevantKnowledge service:
╖ Be at least 18 years of age and capable of entering into a binding agreement;
╖ Own or control the computers that you allow to be configured to use the RelevantKnowledge service;
╖ Be the parent or legal guardian of anyone under 18 having access to such computer;
╖ Agree to inform those individuals with access to the computer that their use is subject to the Agreement, and be responsible for such individualsÆ conduct while using the RelevantKnowledge service.
You may not participate in the RelevantKnowledge service if you, or anyone in your household, are employed by a market research company.
Who is RelevantKnowledge?
RelevantKnowledge is an Internet customer knowledge company which operates the RelevantKnowledge service and whose goal is to understand and help others understand Internet trends and patterns and to identify emerging economic trends. Just as television uses the rating services to determine which are the most watched programs and to influence the shows and commercials we watch, the Internet community relies on participants of the RelevantKnowledge service to understand the likes and dislikes of Internet users and to discern any patterns that may impact the success or viability of e-commerce and other business enterprises. As a knowledge provider, our goal is to understand your online and offline research and buying habits, but never to influence them. For this reason, we do not advertise on our site nor do we release your name or other contact information to third parties for direct marketing purposes. RelevantKnowledge is a service of comScore Networks, Inc. (www.comscore.com) and assists comScore Networks in providing information on Internet trends and usage activity.
What information is collected?
Once you accept this User License Agreement, and configure your computer to use the RelevantKnowledge service, you will be given the opportunity to participate in a variety of survey opportunities. You will be notified about these opportunities by e-mail and by pop-up surveys. If available, we will obtain your contact information and some basic demographic information about you from companies that help introduce our service to you. In addition, our service may collect additional information about your household's Internet behavior, and that of any other computers used by members of your household, that you have configured to use the RelevantKnowledge service. We may also collect certain basic hardware, software and computer configuration information about the computer that is connected to our service including such data as the speed of the computer processor, its memory capacities, and Internet connection speed. This information is then combined with your survey responses and other RelevantKnowledge participant data collected to create an understanding of Internet e-commerce. RelevantKnowledge monitors your Internet surfing, essentially logging information about the web pages that you visit and the actions that you take, such as the purchases and transactions you make. RelevantKnowledge can only monitor the Internet behavior and activity of your household's configured computers. As a participant, you therefore control which computers the RelevantKnowledge service is available on. RelevantKnowledge monitors both the normal web browsing you perform, and also the activity you may have through secure sessions, such as when filling a shopping basket or filling out an application form. RelevantKnowledge's proprietary and patent pending technology allows us to see the details of secure pages while protecting such content from parties other than the site to which you are connected. We monitor not only the Internet connections of our users so we can accurately and anonymously model the browsing habits of Internet users, but also their shopping, registration, and other interactions as well. Although we generally monitor your Internet behavior as part of this service, RelevantKnowledge does not analyze the content of or keep any instant messages you send, nor do we analyze or use the contents of any of your e-mail messages, except as a quality assurance check against and method for, verifying your contact information and information on the surfing and buying behavior of RelevantKnowledge participants.
How is the information collected?
In addition to the anonymous monitoring we engage in, we may ask you for certain basic demographic information about you and your household so we can better understand the Internet behavior you engage in, and we may also combine the information that you provide us with information such as credit information that we obtain from third parties such as consumer preference reporting companies and credit reporting agencies who have been authorized to provide such information to companies like RelevantKnowledge. When we do combine the information that you provide us with information about you from third parties, we would undertake that process using secure and confidential matching procedures. As part of these procedures, we would provide only the personal information necessary to perform a match and, at the same time, restrict the third party's use of the information we provide to undertaking a match with RelevantKnowledge and, on a limited and infrequent basis, assisting us in statistically reporting and making projections about current and future Internet usage and online commerce. After this process is completed, the third party must destroy all records we made available. Please note that in all cases, RelevantKnowledge does not share or sell your name or the personal information that we receive from you for direct marketing purposes.
RelevantKnowledgeTo allow us to confidentially monitor your Internet activity, you must configure your computer so that your household's Internet communications are routed through our high-performance service. This routing is only done on the machines you actually configure for the RelevantKnowledge service and we urge you to take steps to ensure that members of your household know and understand that our service is present on a given computer. The configuration process includes inserting a unique identifier into your browser that enables us to confidentially monitor your specific household's Internet behavior.
How is the collected information used?
Just as television-rating services monitor the viewing habits of a selected number of TV viewers to make projections as to what the entire TV viewing audience is watching, RelevantKnowledge applies similar concepts to the Internet. RelevantKnowledge uses the Internet activity and demographic information of our participants, and their survey responses, to statistically report and make projections about current and future Internet user behavior and, more generally, to extrapolate data about potential economic trends. RelevantKnowledge essentially enables companies to tap the pulse of Internet users' preferences and provides a voice for Internet users to impact the future of Internet usage and e-commerce activities. When we provide predictive reports and projections about economic trends to our customers, or use such reports internally, the analysis is performed on aggregated or bundled information. We do not provide our commercial customers with any personally identifiable information about RelevantKnowledge participants. In fact, our customers benefit from the aggregation or grouping of information because this type of data can be refined to more accurately reflect and predict trends, developments and Internet usersÆ behavior.
For certain commercial customers, we may provide anonymized individual-level information. We make this data available so that these customers may enhance their own understanding of Internet usage and online commerce. In making such information available, we do not provide these customers with personally identifiable information such as names, addresses, and e-mail addresses.
Our customers use the information received to (i) modify online services and offerings; (ii) make more effective use of online data to understand both online and offline commercial behavior; and (iii) discern general economic trends and the business performance of specific entities for a wide range of business purposes including, but not limited to, identifying financial investment opportunities and understanding the value and interest in certain business enterprises. Our customers are able to make more informed decisions about their Internet and general business based upon understanding behavioral trends, buying patterns or other aspects of Internet usage and electronic commerce behavior.
There are some limited cases in which we share personally identifiable information with third parties in addition to our use of information to acquire data from third parties outlined above. Specifically, we share personally identifiable information with those third parties who help us deliver the RelevantKnowledge service to you. These parties are required to only use the information we provide for this limited purpose. This includes companies that service and administer the RelevantKnowledge incentive programs (for example, we simply have to give them your name and address to award you a prize). When we do use the personal name and address information you provide, we establish strict controls and enforce those controls through legal agreements that restrict and limit the use of your participant information to the functions necessary for us to deliver our service to you. In sum, our service companies may only use the information we provide to benefit you, the RelevantKnowledge participant, and to serve RelevantKnowledge. They are strictly prohibited from making any other use of the information and may not release it to anyone else unless you authorize it. On an internal basis, and as part of our operation and administration of the RelevantKnowledge service, we may also use the contact information you provide for participant verification, and for such tasks as sending e-mails to participants, and reporting to you participation incentives and changes and requesting updated information from you. Please note that each of our incentive programs has its own set of rules applicable to that particular prize offering, and these rules are always made available to you before you choose to participate. Winners are subject to all rules and conditions explained in the rules applicable to each incentive program, and identified as participants of the RelevantKnowledge service. In all cases, the only information used would be basic data to implement the incentives program and award prizes, and no online usage information about the participant or the household's Internet behavior would ever be released to a service company. In rare cases, and as is done by any other company or business, we would disclose certain information if we are compelled to do so to comply with a valid legal process, such as a court order, subpoena, or a search warrant. In all cases, we would only comply with such orders by providing the minimum information necessary, while otherwise preserving participant privacy and data.
How is the information secured?
Data security and the protection of personal information are essential to the success and acceptance of RelevantKnowledge. We recognize that if we fail to safeguard the information and knowledge our RelevantKnowledge participants help us create, we will not be able to offer the services we do. Accordingly, we employ strong and proven data protection procedures. We have implemented some of the most current data and information security safeguards and we use recognized industry standards and practices. Our hardware and service designs, our software and information handling practices, and our personnel and human resource practices are focused on ensuring that RelevantKnowledge data and information are protected from unauthorized use, modification, or disclosure. Our employees are subjected to rigorous evaluation and investigation, are contractually restricted on their use and access to personally identifiable information, and are educated and retrained as needed on internal security policies and procedures. Recognizing that trust in the Internet age is difficult to earn, we have taken significant additional steps to ensure that not only are we doing all we can, but we allow third parties to come in and periodically challenge and test our data security and information handling practices to ensure we are achieving our goal of vigorously protecting RelevantKnowledge participant data.
Does RelevantKnowledge monitor my instant messaging and use of other computer applications?
RelevantKnowledge collects statistics about your use of online applications (an online application is any computer application which, as part of its operation, communicates with another computer via the Internet). For example, RelevantKnowledge could record that during a given period of use of a computer, the computer downloaded X number of bytes of data using, for example, a particular Internet enabled gaming application. In all cases, the RelevantKnowledge service does not track or record your use of any intranet applications. In addition to the aggregate statistics we collect, we will also monitor Internet data transmissions for specific data patterns of interest to RelevantKnowledge. An example of this would be monitoring for an instant message being sent. RelevantKnowledge detects when an instant message is sent by identifying the specific data pattern associated with messages sent by selected (but not all) IM applications. In addition, we also collect summary statistics on the amount of data sent and received by these online applications. This type of monitoring only occurs when you are configured for, and are using, the RelevantKnowledge service and are connected to the Internet. We collect and use this information so we can assess the popularity of certain online applications.
What if I wish to stop participating in RelevantKnowledge?
If you wish to remove RelevantKnowledge from your computer, just go to Add/Remove Programs in the Control Panel section of your computer, select RelevantKnowledge, and click the Remove button. Or e-mail support@relevantknowledge.com and request instructions for deconfiguration. If you signed up for RelevantKnowledge on more than one computer and no longer want the service on any of these computers, please be sure to follow this same RelevantKnowledge resignation procedure on all of the computers you configured to use the RelevantKnowledge service. After you deconfigure all of your computers from using the RelevantKnowledge service, we will stop contacting you about survey opportunities via popups, and we will cease monitoring your Internet activity; however, we may still e-mail you about survey opportunities from time to time. Please contact support@relevantknowledge.com to stop receiving such e-mails. All information collected prior to resignation may continue to be used by RelevantKnowledge, and all such remains fully subject to and governed by your original User License Agreement.
When you deconfigure your computer from participating in the RelevantKnowledge service, either by removing it through Add/Remove Programs or by using a removal utility we provide, we immediately cease all monitoring of your Internet use and we no longer route your Internet traffic across our service. As part of the deconfiguration process, all settings we have made to your computer are deactivated; however, some inactive elements may remain on your machine such as registry entries or DLL files, which is not at all unusual for many types of online services and software. We are working on future versions of our service that will address this issue.
What is the policy regarding children?
The protection of children and ensuring that only informed Internet users agree to use the RelevantKnowledge service is essential. This Agreement requires that all persons configuring their computers to use the RelevantKnowledge service be at least 18 years old. If your household has children under the age of 18, only the parent or legal guardian may configure their computers to use the RelevantKnowledge service. However, all household Internet behavior may be used in developing the statistical reports for our service. RelevantKnowledge complies with all applicable U.S. data gathering rules, including the Children's Online Privacy Protection Act (COPPA). Any questions regarding this or any other privacy issues can be addressed to our privacy office. We never knowingly collect personal information about household users age 12 or under unless we also obtain the appropriate parental consent. If you have any questions about this or any other issue of personal privacy, please contact the privacy office as outlined below.
How will I be notified of changes to this User License Agreement?
If we change our practices in how we handle personally identifiable information, or if we materially change other aspects of our service, we will post these changes to this User License Agreement on our website. The changes will be effective immediately upon such posting. If you do not agree with any of the changes, you may deconfigure your computers from using the RelevantKnowledge service as described above.
What are my obligations as a RelevantKnowledge participant?
RelevantKnowledge provides you with the opportunity to participate in a variety of surveys for cash or sweepstakes prizes and other benefits. In exchange for these services, you agree to
╖ Allow RelevantKnowledge to collect and use information obtained from you and related to you and your household's Internet use as described in this Agreement;
╖ Allow RelevantKnowledge to combine the information that you provide with information such as credit information from third parties such as consumer preference reporting companies and credit reporting agencies which is done using secure and confidential data matching procedures;
╖ Provide complete and accurate information about yourself and your household if requested during registration for the RelevantKnowledge service, which you agree to update and/or confirm upon request by RelevantKnowledge, and allow RelevantKnowledge to obtain contact information and basic demographic information about you from companies that help introduce our service to you, if such information is available;
╖ Make reasonable efforts to configure all of the computers having Internet access that are used at home by anyone in your household to use the RelevantKnowledge service and, where allowed by company policy, on all such computers having Internet access that are used at work by anyone in your household, and make reasonable efforts to insure that those who use such computers are aware of our service;
╖ Accept upgrades of browser configurations that RelevantKnowledge may provide from time to time; receive administrative e-mails informing you about upgrades, disruptions to our service, or issues related to basic RelevantKnowledge functions, providing notification to sweepstakes winners, request updated demographic information or information regarding usage of the service and other issues; and participate in surveys delivered to you by RelevantKnowledge;
╖ Allow RelevantKnowledge to acquire basic configuration information about the computer connected to our service such as Internet connection speed, hard disk size, RAM and other information about the PC which we use to diagnose and improve the service and which we report to others in an aggregated and anonymized form;
╖ Allow RelevantKnowledge to verify the accuracy of your e-mail address for purposes of inviting you to participate in surveys;
╖ Allow RelevantKnowledge, on a limited and infrequent basis, to make modifications to commercial communications received by you in e-mail or on websites you visit, and to monitor your responses to such modified commercial communications; and
╖ Regularly visit and review the Agreement posted on the RelevantKnowledge website, so that you are aware of any changes made to the Agreement.
You agree not to
╖ Use the RelevantKnowledge service in any way that (i) harms or harasses others; (ii) violates any federal, state or local laws or ordinances; (iii) violates or infringes on the rights of any third parties including, but not limited to, copyright, trademark, patent, trade secret, rights of privacy or publicity or other proprietary right; or (iv) interferes with or disrupts the RelevantKnowledge service; and
╖ Attempt to defeat or circumvent the browser configuration or routing of the Internet communication through the RelevantKnowledge service, it being your responsibility to undertake the modification to or cancellation of the RelevantKnowledge services as instructed in this Agreement or as expressly instructed by an authorized RelevantKnowledge representative.
What is RelevantKnowledgeÆs commitment to participants of its service?
RelevantKnowledge commits to you that it will make commercially reasonable efforts to do the following:
╖ Provide you the service as outlined in the RelevantKnowledge website, however, does not warrant that the functions contained in the RelevantKnowledge service or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the RelevantKnowledge service is free of viruses or other harmful components.
╖ Ensure the availability of the service to you, however shall not be responsible for any service interruptions, including but not limited to, power outages, system failures or other interruptions that may affect your use of the Internet and/or the RelevantKnowledge service.
╖ Provide you with opportunities to participate in surveys for which you qualify and ensure the compatibility of the service with major Internet service providers and the ability for users of the RelevantKnowledge service to reach most Internet destinations, however, does not endorse materials on the Internet created and maintained by third parties. RelevantKnowledge exerts no editorial control over such materials, portions of which may be considered inaccurate, obscene or otherwise offensive. In no event shall RelevantKnowledge be liable to any person or entity, either directly or indirectly, with respect to any materials from third parties accessed through the RelevantKnowledge service; however, RelevantKnowledge reserves the right to block access to or remove any materials accessible through or transmitted through the RelevantKnowledge service that RelevantKnowledge believes in its sole discretion to be inappropriate, illegal or potentially harmful to others or may expose RelevantKnowledge to liability.
╖ Process your Internet traffic upon completion of the registration process and configuration of your computers to route your household's Internet communication through and automatically use the RelevantKnowledge service. Currently, the RelevantKnowledge service includes a server or group of servers through which Internet communications are routed; however, RelevantKnowledge reserves the right to change the composition, operation and function of the RelevantKnowledge service at any time and without notice or liability to you or any third party, provided that RelevantKnowledge continues to give you, our participant, a reasonable commercial benefit.
╖ Provide support and maintenance when you experience problems from using the RelevantKnowledge service, provided that you agree to take reasonable efforts to follow the instructions supplied by RelevantKnowledge support staff, and provide information about the problems experienced and the conditions of your computer environment. Failure to conform will negate this support and maintenance commitment.
RelevantKnowledge further commits that it will
╖ Only use information obtained from or about you as described in the Agreement; and
╖ From time to time, commission the services of third parties to verify that RelevantKnowledge is keeping its privacy commitments to you.
What are the other terms and conditions of participating in RelevantKnowledge?
GOVERNING LAW
You agree that any dispute or claim you have or assert, and which is arising out of or related to the RelevantKnowledge service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Fairfax County, Virginia under the American Arbitration Association Arbitration Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. You agree that any claim against RelevantKnowledge must be filed within one year of the time such claim arose, regardless of any law to the contrary; otherwise such claim will be barred forever. The parties agree that, any provision of applicable law notwithstanding, neither party shall request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party to this Agreement.
Notwithstanding the above, RelevantKnowledge may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, as necessary without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS AND SUCH LAW SHALL BE APPLIED BY THE ARBITRATOR TO THE MERITS OF ANY DISPUTE OR CLAIM. FOR ANY NON-ARBITRAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE RELEVANTKNOWLEDGE SERVICE OR THIS AGREEMENT, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE STATE COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA OR FEDERAL COURT LOCATED IN ALEXANDRIA, VIRGINIA.
In any dispute under this Agreement or related to the RelevantKnowledge service, RelevantKnowledge will be entitled to recover all legal expense incurred in connection with such action, including but not limited to costs and attorney's fees. While RelevantKnowledge is available on the Internet to international users, the service is and remains a U.S. offering and all anonymous use of information collected is and shall remain subject to U.S. law and practice. International users must take this into account and should consult their local laws and independently determine whether RelevantKnowledge participation is desired given these facts.
THIRD PARTY RIGHTS
This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.
ASSIGNMENT
You shall not transfer, assign or resell the RelevantKnowledge service to any other party. You shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without the prior written approval of RelevantKnowledge and any such attempted assignment shall be void. RelevantKnowledge shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without your consent or notice to you. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of, the parties hereto, their successors and permitted assigns.
NO WAIVER
The failure of RelevantKnowledge to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
SEVERABILITY
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. In any event, the remaining provisions shall be enforced.
INDEMNITY
You agree to defend, indemnify and hold RelevantKnowledge and its affiliates, officers, directors, and employees harmless from and against any and all claims, losses, damages, liabilities and costs including without limitation, reasonable attorneyÆs fees, arising out of or relating to your breach of this Agreement or misuse of the RelevantKnowledge service.
WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE THAT RELEVANTKNOWLEDGE SERVICE AND ALL CONTENT, SOFTWARE, CHANGES TO YOUR COMPUTER, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE RELEVANTKNOWLEDGE SERVICE OR RECEIVED OR MADE AVAILABLE FROM RELEVANTKNOWLEDGE ARE PROVIDED æAS IS.' RELEVANTKNOWLEDGE, ITS SERVICE PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN THOSE STATES, RELEVANTKNOWLEDGE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL RELEVANTKNOWLEDGE, ITS SERVICE PROVIDERS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT RELEVANTKNOWLEDGE IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM RELEVANTKNOWLEDGE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, RELEVANTKNOWLEDGEÆS LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between RelevantKnowledge and you with respect to the subject matter contained in the Agreement.
Who can I contact if I have additional questions?
If you have any questions about this User License Agreement, our practices or your interactions with this site and the RelevantKnowledge service, you may contact:
Please read and understand this agreement fully before installing an/or using this software. This is a License Agreement for NavHelper software (the ôSoftwareö) between you and NavExcel, Ltd. (ôNavExcelö), the publisher of the Software. By clicking on the ôacceptö button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE ôCANCELö BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
1. Rights Granted
This License Agreement allows you to use the Software. NavExcel grants you a nonexclusive, nontransferable, royalty-free license permitting you to download the Software solely for your personal use. The rights granted to you by NavExcel 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 are reserved by NavExcel.
2. Amendment
NavExcel may amend this License Agreement at any time without notice and any such modifications shall be deemed effective immediately upon publishing on NavExcelÆs site located at www.navexcel.com (the ôSiteö). For clarity, should any term(s) of this License Agreement differ from and term(s) of the License Agreement published as on the Site, the version of the License Agreement published on the Site shall govern.
3. Restrictions; Ownership
You shall not make or distribute copies of the Software. You may not decompile, reserve engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Software or any part thereof. You will not export or re-export, directly or indirectly, the Software 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 Software. You do not become the owner of the Software. NavExcel retails all title to the Software and all copies thereof. All rights not specifically granted in this License Agreement, including Federal and International copyrights, are reserved by NavExcel. You acknowledge and agree that NavExcel holds all rights to, title to, and interest in all tangible and intangible incidents of the Software, including all patents, copyrights, and trade secrets pertaining thereto, and that this License Agreement conveys to you only a limited right to access and use the Software.
4. Privacy
NavExcel does not collect or store any personally identifiable information about you via the Software nor any information about your Internet usage patterns. NavExcel will not serve any advertisements to you via a ôpop-upö windows or otherwise via the Software.
5. Automatic Updates
The Software may automatically communicate with NavExcel or a third partyÆs servers to check for an install updates to the Software such as bug fixes, new features, registry settings, and other modifications. You consent to your receipt and installation of all of the foregoing and agree that all of the foregoing shall be governed by the terms of this License Agreement.
6. Content
NavExcel may provide links to Internet sites or resources not owned or controlled by NavExcel. Because NavExcel has no control over such sites and resources, you acknowledge and agree that NavExcel is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. NavExcel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.
7. Disclaimer of Warranties and Limitation of Liability
THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAVEXCEL FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVEXCEL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE CONTENT, EVEN IF NAVEXCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to release, indemnify, defend, and hold harmless NavExcel, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneysÆ fees and costs due to or arising out of your use, installation, or download of the Software or your breach of this License Agreement.
9. General
This License Agreement shall be governed by the laws of England and Wales. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the partiesÆ intent in entering into this Agreement.
======================================
180search Assistant End User License Agreement (EULA)
ô180search Assistantö is a permission-based search assistant application that provides access to a wide range of websites, applications and information powered by 180solutions, Inc. ("180solutions"). This means that 180search Assistant will periodically direct you to our sponsorsÆ websites. 180search Assistant will collect information about the websites you visit, but will not collect any information that will be used by 180solutions to identify you personally. The information that 180search Assistant collects and transmits to 180solutions will be used to provide you with access to comparative shopping opportunities at times when we consider them most relevant. 180search Assistant can be uninstalled at any time by going to the ôAdd/Remove Programsö menu on your computer and clicking the ôRemoveö button next to the entry or entries for 180search Assistant.
NOTICE TO USER: PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. BY CLICKING ôACCEPTö BELOW, OR BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. Definitions. "Software" means (a) the 180search Assistant software; and (b) any upgrades, modified versions, updates, or additions, to the 180search Assistant software (collectively referred to as ôUpdatesö) that are provided to you by 180solutions. "Use," "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Software.
2. Software License. As long as you comply with, and subject to, the terms of this Agreement, 180solutions grants to you a non-exclusive, nontransferable, revocable license to Use the Software, in binary executable form only, solely for the purposes described in the this Agreement. You may install and Use the Software on one computer. You may make one backup copy of the Software, provided your backup copy is not installed or Used on any computer, except as a replacement for the original copy in the event it is deleted or rendered inoperable.
3. Restrictions. Without limiting the foregoing, you will: (a) not distribute, lend, license, grant or otherwise transfer the Software, (b) not reverse engineer, disassemble or decompile the Software or attempt to discover or recreate the source code to the Software, except as otherwise required by applicable law (c) comply with all applicable laws, including U.S. export control laws, in your Use of the Software, (d) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Software, (e) not remove, alter or obscure any proprietary notices (including copyright notices) of 180solutions or its suppliers in the Software, (f) not use the Software for purposes for which it is not designed, and (g) only Use the Software for personal, non-commercial use.
4. Intellectual Property Rights. The Software is the intellectual property of, and owned by, 180solutions and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of 180solutions and its suppliers. The Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software, and all rights not expressly granted are reserved by 180solutions.
5. Display of Advertising. The Software will collect information about you and the websites you visit (ôUsage Dataö), but will not collect information that will be used to identify you personally. This information will be used to provide you with comparative shopping opportunities when they are most relevant. By installing and/or using the Software you grant permission for 180solutions to periodically display sponsorsÆ websites to you, and to collect, use and disclose the Usage Data. The frequency of the advertisements will vary depending on your use of the Internet. You acknowledge that the Software includes an anonymous user ID and an electronic cookie that enables 180solutions to collect such information and to display advertising targeted to you. A ôcookieö is a small amount of data that 180solutionsÆ servers transfer to your browser and that only 180solutionsÆ servers can read. You understand that 180solutions does not control your interaction with the websites and advertisements displayed to you and we assume no responsibility for their content or privacy practices and policies.
6. Updates. 180solutions, in its sole discretion, may provide you with released Updates to the Software as part of this Agreement. The Software will check with 180solutions for these Updates automatically, and in the event that an Update is available, the Update will be installed automatically by the Software. Nothing herein shall be construed or interpreted as requiring that 180solutions provide these updates.
7. Disclaimer of Warranties and Remedies; Indemnity.
7.1. No Warranty; Disclaimer. YOU ACCEPT THE SOFTWARE "AS IS" AND "WITH ALL FAULTS, DEFECTS AND ERRORS." NEITHER 180SOLUTIONS NOR ANY OF ITS SUPPLIERS WILL HAVE ANY LIABILITY FOR ANY ERROR, OMISSION OR DEFECT IN THE SOFTWARE, ANY INABILITY TO USE THE SOFTWARE OR ANY LOSS OF DATA. 180SOLUTIONS AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE, ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
7.2. Limitation of Damages. NEITHER 180SOLUTIONS NOR ANY OF ITS SUPPLIERS WILL HAVE ANY, AND YOU RELEASE 180SOLUTIONS AND ALL OF ITS SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF 180SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 180SOLUTIONSÆ ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00.
8. Collection of Information. 180solutions collects and uses certain information about you from your use of the Software. By installing the Software, you grant permission for 180solutions to collect this information, including the websites you visit while connected to the Internet. You acknowledge that you have reviewed 180solutionsÆ 180search Assistant Privacy Policy, which describes 180solutionsÆ practices with respect to the collection, use and disclosure of information in connection with the 180search Assistant Software. A copy of the 180search Assistant Privacy Policy is available at http://www.180searchassistant.com/privacy.html. 180solutions reserves the right to change the provisions of its 180search Assistant Privacy Policy from time to time. 180solutions will post any changes to the 180search Assistant Privacy Policy at the web address in the preceding sentence. Your use of the Software following the posting of such changes to the 180search Assistant Privacy Policy will constitute your acceptance of any such changes.
9. Infringement Reporting Procedure. 180search Assistant is not responsible for content hosted by Content Providers, however, if you are aware of any infringing or illegal content hosted by a site that utilizes 180search Assistant as an access control mechanism, please notify 180solutions at the address below so that we may take appropriate action.
10. User Representations and Warranties. You acknowledge, represent and warrant that (i) you own the computer on which you are installing the Software, or have the authority to install the Software on such computer; (ii) your installation and/or Use of the Software will not violate any local, state or federal laws that apply to you, or the use or installation of the Software; and (iii) that 180solutions is not causing the Software to be installed on your computer, but has provided the Software to you, which you are installing of your own volition.
11. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to its choice of law principles to the contrary. You hereby irrevocably consent to the jurisdiction and venue of the federal, state and local courts located in King County, Washington, U.S.A., in connection with any action arising out of or in connection with this Agreement.
12. Miscellaneous. You must be at least 18 years of age to use the Software. By accepting the terms of this Agreement and Using the Software you represent that you are over the age of 18. This is the entire agreement between 180solutions and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of 180solutions. If you violate any term of this Agreement, 180solutions may terminate this Agreement without waiving any other rights.
Contact Us. If you have any questions about the 180search Assistant software, our website, company or service, you should first consult our website http://www.180searchassistant.com/home.html. This site includes links to company information, answers to frequently asked questions, and all of 180solutions' current policies. If you have further questions or concerns, please email support@180search Assistant .com, or write to 180solutions Support, 3600 136th Place SE, Bellevue, WA 98006.
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ABOUT BARGAIN BUDDY
Bargain Buddy is installed on your computer and delivers relevant contextual information to you in the form of advertisements based on URLs and/or search terms you enter when navigating the Internet.
Bargain Buddy does not obtain personal information from you. We do not transmit or collect your browsing activity and do not store any of information that records your browsing behavior. On a daily basis, Bargain Buddy collects only aggregate statistics about the URLs and search terms you enter. Bargain Buddy does not build up a profile for you or attempt to correlate demographic or personal information.
By downloading the Bargain Buddy, you accept the Bargain Buddy License Agreement, which gives eXact Advertising LLC permission to display relevant contextual information. It is our strict policy to distribute Bargain Buddy only to users who have been provided the Bargain Buddy license agreement. If you believe you have received Bargain Buddy without the license agreement being provided, please let us know at bargainbuddy@mail.com .
Bargain Buddy protects user privacy and does not require personally identifiable information. Our privacy policy is always displayed when users install Bargain Buddy. Below is an excerpt from the Bargain Buddy privacy policy:
If you want to uninstall Bargain Buddy, you can do so easily through the add/remove function in your control panel. You can access your control panel by going to: (1) START (the button in the bottom right of your computer) 2) Choose SETTINGS 3) Choose CONTROL PANEL 4) Choose ADD/REMOVE PROGRAMS 5) Select BARGAIN BUDDY 6) Click on ADD/REMOVE.
Of course we encourage you to leave it on so that you can benefit from the occasional offers that it shows you. If you need more information, or experience any technical problems, please contact us at bargainbuddy@mail.com.
Copyright c2002 eXact Advertising LLC. All Rights Reserved.
LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING BARGAIN BUDDY (THE "SOFTWARE") PROVIDED BY EXACT ADVERTISING LLC USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. EXACT ADVERTISING LLC RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.
The Software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the software or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the software.
Bargain Buddy is not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.
Disclaimer of Warranty
You expressly agree that the use of this software is at your own risk. The software is provided on an "As Is" basis, without warranty of any kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. eXact Advertising LLC reserves the right to periodically update and/or upgrade the software at the company's discretion. Your installation of the software indicates your acceptance of potential future updates and/or upgrades to the software.
The information and services provided by the software and/or eXact Advertising LLC are similarly provided on an "As Is" basis, without warranty of any kind. The accuracy and reliability of any information content or services provided by the software and or eXact Advertising LLC should be independently verified by you as the user prior to making purchase decisions and or any other decisions based on such information content and services.
Privacy
By downloading Bargain Buddy you give permission to eXact Advertising LLC to display relevant contextual information and offers. In order to provide Bargain Buddy users with such information, Bargain Buddy delivers content based on the URL visited by the user and/or search terms entered by the user into a search engine and/or content on the web page being viewed by the user. Bargain Buddy does NOT assemble personally identifiable profiles of Bargain Buddy users and personally identifiable information is not required in order to use the Bargain Buddy software. eXact Advertising LLC may update it's privacy policy and license agreement for Bargain Buddy at any time at the discretion of the company.
Limitation of Liability
To the maximum extent permitted by law, in no event will eXact Advertising LLC or its agents be liable for any damages arising from the use of or inability to use the software, including, without limitation, damages to users' systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses.
