End user agreement for Dancing Hieroglyphs ScreenSaver
SOFTWARE LICENSE AGREEMENT
Dancing Hieroglyphs screensaver LICENSE:
* Dancing Hieroglyphs ScreenSaver is a free Ad-supported software. You may install this program and use it for your pleasure.
* All copyrights to MaxySoft Dancing Hieroglyphs ScreenSaver are exclusively owned by the developer - MaxySoft.com. All copyrights to the bundled software are exclusively owned by their holders.
* You may not alter this software in any way; you may not use or distribute any part of the original package. Also you are not allowed to emulate, decompile, disassemble, otherwise reverse engineer any executable part of original package. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
* MaxySoft Dancing Hieroglyphs ScreenSaver IS DISTRIBUTED ON THE "AS IS" BASIS. NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. THE DEVELOPER WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
* You may make as many copies of the freeware version of this distribution package as you wish; you may give exact copies of the original freeware version of this distribution package; distribute the freeware version of this distribution package in its unmodified form via electronic means. There is no charge for any of the above. No person or company may charge a fee for the distribution of MaxySoft Dancing Hieroglyphs ScreenSaver without written permission from all of the copyright holders. If you want to distribute MaxySoft Dancing Hieroglyphs ScreenSaver in a retail location, or as part of a hardware or software bundle, or on CD-ROM you must get PRIOR signed written permission from MaxySoft.com. MaxySoft.com reserves its right to withhold permission.
* Installing and using MaxySoft Dancing Hieroglyphs ScreenSaver signifies acceptance of these terms and conditions of the license. If you do not agree with the terms of this license you must remove MaxySoft Dancing Hieroglyphs ScreenSaver files from your storage devices and cease to use the product.
Copyright (C) 2004 maxysoft.com
All Rights Reserved
ClockSync License and Privacy
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THE CLOCKSYNC! BUNDLE (THE "SOFTWARE") PROVIDED BY WHENU.COM, INC. ("WHENU.COM"). 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. WHENU.COM RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AND PRIVACY STATEMENT AT ANY TIME.
The ClockSync! software bundle from WhenU.com includes Save! WhenUSearch Toolbar and ClockSync.
ClockSync synchronizes your computer's clock to the official time maintained by the NIST - National Institute of Standards and Technology (http://nist.time.gov). ClockSync will automatically synchronize this clock regularly, and you may choose to manually synchronize at any time. Your Internet connection must be active for the synchronization to work.
Save! shows you relevant coupon offers, contextual information and services as you surf the Web. Save! attempts to display offers at the moment when they are most relevant to you. Offers and information are displayed in the form of interstitials ("pop-up ads") and various other ad formats.
The WhenUSeach Toolbar brings relevant information, search results, and coupons to your desktop at all times. The WhenUSearch Toolbar displays this information in the form of rotating text links accessible from within the application.
The Save! and WhenUSearch Toolbar software selects which ads and offers to display to individual users based on several factors, including: URLs associated with web pages visited by the user, search terms typed by the user into search engines and into the WhenUSearch Toolbar, HTML content of the web pages viewed by the user and the local zip code of the user . Save! and WhenUSearch Toolbar ads and offers are delivered in a separate, independent window or application controlled by WhenU.com, are not endorsed or affiliated with anyone other than WhenU.com and may in fact be competitive with some of the sites visited by the user while online.
Save! software enables users to receive advertising-supported versions of many popular software applications for free including ClockSync. Use of Save! is required to continue using ClockSync for free. As a result, Save! cannot be uninstalled from your computer's Control Panel independently. In order to completely remove Save! from your computer, you must uninstall all of the Save!-supported software from your computer. Once you do so, your Save! software will automatically be uninstalled as well.
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.
WhenU.com products and services are 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. WhenU.com 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 WhenU.com 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 WhenU.com 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.
Limitation of Liability
To the maximum extent permitted by law, in no event will WhenU.com 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.
By downloading the Save! software bundle, you give permission to WhenU.com to display relevant contextual information and offers. The Save! and WhenUSearch Toolbar software selects which ads and offers to display to individual users based on several factors, including: URLs associated with web pages visited by the user, search terms typed by the user into search engines and into the WhenUSearch Toolbar, HTML content of the web pages viewed by the user and the local zip code of the user .
The software protects users' privacy by uploading a database of content in small chunks to individual desktops and then determining on the desktop whether or not to retrieve information from WhenU.com or third-party servers. To protect user privacy, the same database of content is sent to all desktops. Decisions regarding which ads to retrieve to an individual desktop are all processed on the user's desktop - and isolated from WhenU.com servers. User privacy is also protected in the following manner:
1) Personally identifiable information is NOT required in order to use the software and WhenU.com does NOT know the identity of individual users of the software
2) As the user surfs the Internet, URLS visited by the user (i.e. the user's "clickstream data") are NOT transmitted to WhenU.com or any third party server
3) WhenU.com does NOT assemble personally-identifiable browsing profiles of users
4) WhenU.com does NOT assemble anonymous machine-identifiable browsing profiles of individual users
5) WhenU.com does NOT track which ads and offers are seen or clicked on by individual machines - analysis and tracking is done in the aggregate
Each individual desktop is assigned an anonymous, unique machine ID. This machine ID is used ONLY to enable WhenU.com to count unique, active desktops in the network. The machine ID is NOT used to determine which ads to serve individual users or to create browsing profiles of users. When ads are displayed by the software, impressions and clickthroughs are reported to WhenU.com servers. To protect user privacy and prevent WhenU.com or any third party from assembling user profiles, the unique machine ID is NOT included in the impression and clickthrough reports sent by the desktop to WhenU.com servers.
Save! does NOT place any cookies on your desktop. It is possible that a third party advertising on our network might place a cookie on your desktop. If you wish to opt-out from third party cookies, please click on the following link and follow the instructions: http://www.networkadvertising.org/optout_nonppii.asp
WhenU.com may update privacy statements for the Save! software at any time. A current version of the Save! privacy statement is available at http://www.whenu.com/about_save.html
END USER LICENSE AGREEMENT FOR NAVHELPER
REDISTRIBUTION NOT PERMITTED
Please read and understand this agreement fully before installing an/or using this software. This is a License Agreement for NavHelper software (the "Software") between you and NavExcel, Ltd. ("NavExcel"), the publisher of the Software. By clicking on the "accept" 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 "CANCEL" 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.
NavExcel may amend this License Agreement at any time without notice and any such modifications shall be deemed effective immediately upon publishing on NavExcel's site located at www.navexcel.com (the "Site"). 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.
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 "pop-up" windows or otherwise via the Software.
5. Automatic Updates
The Software may automatically communicate with NavExcel or a third party's 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.
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.
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 attorneys' fees and costs due to or arising out of your use, installation, or download of the Software or your breach of this License Agreement.
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 parties' intent in entering into this Agreement.