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STATBLASTER PARTNERS' LICENSE AGREEMENTS
Overview
The following is the End User License Agreements for StatBlaster's partners,
mirrored 2004-03-10 from http://origin.statblaster.com/partners.html.
Along with StatBlaster, we will be offering a couple of other great products which help keep our product FREE.
These products may show advertisements in the forms of pop ups, banners, and hyper-text links.
These programs can all be removed via Add/Remove Programs in the Control Panel or via 3rd party application such as Adaware TM.
Please read ALL terms of service carefully before proceeding.
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Bargain Buddy: can be found at http://corp.mail.com/bb/tos.htm
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Please read the following privacy statements and software user agreements.
StatBlaster is supported by the eZula Advertising and Revenue Network (EARN). All EARN yellow links and ads contain the EARN name, TTiL 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 EZULA INC 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 EARN-Supported Software (DEFINED BELOW).
THESE Terms and Conditions MAY BE TERMINATED AT ANY TIME BY REMOVING ALL EARN-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 EARN-Supported Software THAT MAY HAVE BEEN MADE. SOON AFTER ALL EARN-Supported Software HAS BEEN REMOVED THE EARN Adapplication WILL REMOVE ITSELF AUTOMATICALLY. http://www.ezulaadvertisingrevenuenetwork.com/EARN/products.asp INCORPORATED HEREIN BY REFERENCE, GENERATES A LIST OF EARN-Supported Software THAT RESIDES ON THE COMPUTER THAT IS USED TO ACCESS THE LINK.
EARN Privacy Statement and End User License Agreement ("Terms and Conditions"):
The eZula Inc. ("TEI") 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 TEI to download and install the "EARN Adapplication" software, which delivers advertising, software, links to various sites, and various informational messages to computer screens ("EARN Ads").
The EARN Adapplication 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 EARN Adapplication displays EARN Ads and/or links on computer screens on behalf of TEI's advertising clients. TEI's advertising clients may be competitors of the publishers whose Web pages users may be viewing, or may have recently viewed.
Unless otherwise specified, these Terms and Conditions apply to the EARN Adapplication and EARN-Supported Software published by TEI ("TEI EARN-Supported Software") but do not apply to EARN-Supported Software published by third parties. Third-party EARN-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 eZula Inc. terms and conditions agreed to.
--- Privacy Statement ---
We don't know who our users are...
TEI does not know the identity of EARN-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 TEI EARN-Supported Software application 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 EARN-Supported Software users, the EARN Adapplication and TEI does collect and use the following kinds of anonymous information:
Some of the Web pages viewed
Response to EARN Ads
Standard web log information and system settings
What software is on the personal computer
Country, and five digit ZIP code
Non-personally identifiable information on Web pages and forms
Software usage characteristics and preferences
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:
Select and deliver installation files for optional new software applications
Select EARN Ads and/or links to display to EARN-Supported Software users' computer screens. EARN 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 TEI 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 150,000 users who look for computers. 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 TEI 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 EARN-Supported Software and the EARN Ad application...
All EARN-Supported Software comes with the EARN Adapplication. The distribution of EARN-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; and c) through trial programs in which EARN-Supported Software are included as an "opt-out" option with other software products one might choose to download.
TEI Yellow Links...
TEI provides you a Service that will notify you of offers and or information that may be of interest to you, by adding an overlay to text of Web sites you visit or by opening new browser windows with various offers and information. Upon the opening of any World Wide Web Page, the Software scans the Web Page, marks on top of those pages words and/or phrases with a yellow underlines and or highlights, for which there are associated Web sites, and creates active links to such sites. This highlighting and underlining are not part of the Web page you are on, but are overlays provided by TEI's Service. When you click on the marked word or phrase, you will be directed to a third party Web site, and if the marked word or phrase is part of a pre-existing link, a pop-up display will ask you if you would like to go to the original link or to the third party Web site, or other promotions will be presented to you. Links to the associated third party Web sites are provided by the TEI Service are clearly marked and are not provided by the Web site you are visiting. If you follow any link and wish to return to the site where you were, simply click the Back button.
EARN Ads contain the EARN name and/or TTiL name or logo...
EARN Ads contain the name "EARN" or "TTiL" in the title bar and/or the EARN logo in the advertisement. The EARN brand (and TTiL) is displayed to inform users that EARN Ads come from TEI and are not associated, sponsored, or affiliated in any way with any other Web pages being viewed by users. The logo and/or TTiL name or EARN name distinguishes EARN Ads from all other advertisements.
How we display EARN Ads...
EARN Ads will only be displayed on a computer's screen or storage media if one or more EARN-Supported Software programs reside on that computer. Many EARN Ads are displayed on computer screens on behalf of advertisers who compete with the company whose Web pages the EARN-Supported Software user may be viewing or may have recently viewed.
TEI displays EARN Ads on computer screens in a variety of ways. The EARN 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 EARN-Supported Software applications.
Desktop icons and installation files may be placed on the computer that link to products and services.
Yellow underlines and or highlights, for which there are associated Web sites, and active links to such sites
How to Stop the Display of EARN Ads and Links...
To stop EARN Ads and/or links from being displayed one must remove all of the EARN-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 EARN-Supported Software on their computer, along with removal instructions, in a variety of locations including: (i) through the 'start," "programs," "EARN," "About EARN" menu entry (via a hypertext link), (ii) via TEI's web site at http://www.ezulaadvertisingrevenuenetwork.com/EARN/products.asp.
How TEI EARN-Supported Software and the EARN Ad application Work...
When running on a computer, TEI EARN-Supported Software and/or the EARN Adapplication regularly communicate with TEI servers, and in some cases, third party servers, among other reasons, to:
- maintain/update the EARN-Supported Software or the EARN Adapplication;
- facilitate installing and removing the EARN-Supported Software or the EARN Adapplication;
- retrieve content and ads for display;
- facilitate various TEI EARN-Supported Software or EARN Adapplication features;
- collect anonymous computer user usage information; and/or
- update user information.
- To introduce new EARN-Supported Software applications and services to computers' with existing EARN-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 EARN Adapplication or TEI or third-party EARN-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 TEI'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.
Note that soon after all EARN-Supported Software has been removed from a computer, the EARN Adapplication 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...
TEI EARN-Supported Software and/or the EARN Adapplication uses cookies for the following purposes:
- To identify the business associate that was responsible for introducing EARN-Supported Software so that we can pay that business associate a fee;
- To identify the EARN-Supported Software on the computer; and/or
- To limit how often we display EARN Ads.
- In order to enable certain third parties to display targeted ads and informational messages on our behalf, the EARN Adapplication or TEI EARN-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.
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 earn@ezula.com.
--- End User License Agreement ("Agreement") ---
Terms defined in the TEI Privacy Statement used in this Agreement will retain the definition provided in the TEI Privacy Statement. The EARN Adapplication and TEI EARN-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 "Earn 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 EARN Adapplication and EARN-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 EARN Adapplication and EARN-Supported Software to reside, to (i) provide a copy of the TEI 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 EARN Adapplication and EARN-Supported Software to reside, then you hereby accept this Agreement on behalf of all such other users. Also, you agree not to use the EARN Adapplication, or EARN-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 EARN Adapplication and EARN-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 EARN Adapplication, or any EARN-Supported Software from a computer. For a list of authorized means for the removal of EARN-Supported Software, go to http://www.ezulaadvertisingrevenuenetwork.com/EARN/products.asp. 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 EARN Supplied Materials, or third party EARN-Supported Software. You agree not to use any means to avoid the display of any EARN Ads and links while retaining the ability to use any EARN-Supported Software.
Voluntary Software and Right to Remove
You understand that the presence of any EARN-Supported Software on any computer is voluntary and you may remove any of them from your computer at any time. To stop receiving EARN Ads and links all of the EARN-Supported Software programs residing on the computer must be removed. Users can view a list of all EARN-Supported Software on their computer, along with instructions for its removal, in a variety of locations including: (i) through the "start," "programs," "EARN," "About EARN" menu entry (via a hypertext link), (ii) via TEI's web site at http://www.ezulaadvertisingrevenuenetwork.com/EARN/products.asp, incorporated herein by reference. If you know what EARN-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 EARN Adapplication will remove itself. Please note that removing all EARN-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 EARN-Supported Software from the computer using one or more of the above described removal methods and destroying any other copies of the EARN Adapplication and EARN-Supported Software you may have made.
Links
Earn Supplied Materials and EARN Ads and links 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 TEI, and TEI is not responsible for the content available on any other Internet sites so linked. Unless otherwise stated, such links do not imply TEI'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.
Scope of License
TEI 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 EARN-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 TEI's discretion, expire when new versions of Licensed Materials are released. TEI 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 TEI or third party servers do so as described in TEI Privacy Statement. Additionally, TEI 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 TEI and/or one of our business associates may require your review and acceptance of TEI'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, TEI 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, TEI, or TEI business associates remain the sole property of TEI or its business associate. You further agree not to access TEI or TEI business associate services or software application by any means other than the interface provided by TEI or such business associate to access the relevant service. Without limiting TEI's rights, you understand that TEI, 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 TEI makes such modification, discontinuance, or suspension of your right to access any of the Licensed Materials, you may terminate your obligation to receive EARN Ads and links, and this Agreement, by removing all EARN Supported Software as provided hereunder.
TEI 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 TEI, including all intellectual and proprietary rights, unless otherwise specified. TEI 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 TEI at TEI's sole discretion; and, TEI will have no obligation to you regarding any ideas or inventions that you disclose through such means.
Disclaimer of Warranty
USE OF Earn Supplied Materials IS AT YOUR OWN RISK. TEI PROVIDES Earn 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. TEI ALSO DISCLAIMS ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB SITES THAT MAY BE LINKED FROM ANY EARN SUPPLIED MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. TEI MAKES NO WARRANTY THAT (i) THE Earn Supplied Materials ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Earn Supplied Materials WILL BE RELIABLE; (iii) THE Earn Supplied Materials WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE Earn Supplied Materials WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE Earn 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 TEI, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, THIRD PARTY DEVELOPERS OR DISTRIBUTORS OF EARN-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 TEI PRIVACY STATEMENT, END USER LICENSE AGREEMENT, OR YOUR USE OR INABILITY TO USE Licensed Materials, OR Earn 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 TEI PRIVACY STATEMENT, EXCEED THE LESSER OF $100 OR THE REVENUE ACTUALLY RECEIVED BY TEI DIRECTLY ATTRIBUTABLE TO THE EARN Adapplication.
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 TEI Privacy Statement applicable to any Licensed Materials, the privacy statements applicable to third party EARN-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.
Export Controls
The EARN Adapplication, EARN-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 EARN Adapplication or EARN-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, the state and federal courts in San Francisco 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, Earn Supplied Materials, or any EARN-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 TEI from seeking any injunctive relief in State or Federal courts for protection of TEI's intellectual property rights.
Successor Agreements
These Terms and Conditions may change in the future. In such case, and when appropriate, TEI will obtain your consent prior to the new document going into effect.
In most cases, TEI 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). TEI will always post its most recent Privacy Statement and End User License Agreement on TEI's web site that can be accessed at http://www.ezulaadvertisingrevenuenetwork.com/EARN/tou.asp.
You agree that after receipt of such change notice, you consent to TEI's revised Terms and Conditions unless you remove all EARN-Supported Software from your computer, and destroy all copies of same you may have created. Failure to remove and destroy all EARN-Supported Software from your computer will be deemed an acceptance of the terms of TEI'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 TEI 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. TEI 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 TEI. Except as described herein, you may not assign this Agreement without our explicit consent.
TEI, eZula, EARN, TopText iLookup, TTiL are marks of The eZula Inc. The use of the mark eZula, 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.
Effective: October 2003
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PurityScan -
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This agreement will have two sections ("Section 1", and "Section 2"). Both sections must be read, agreed to, and adhered by a user of PurityScan.
Section 1:
By installing PurityScan you understand and agree that PurityScan will make the following changes to your Internet Browser:
Several PROMOTIONAL CONSOLES (daughter console/interstitial) may be launched for the duration of time you spend online. These consoles may continue to be launched as long as you have PurityScan installed on your machine. PurityScan does not monitor the activities or collect information from users once they have left PurityScan
By downloading PurityScan, you understand that these changes cannot be reversed without running the removal executable of PurityScan. If you try to change the items above manually, your changes will be lost when you reboot or turn off your computer.
LIMITED LIABILITY:
The Licensor shall not be liable for, and disclaims any responsibility for, any third party claims arising from or in connection with your use of "PurityScan".
NO WARRANTY:
Licensor makes no warranty regarding "PurityScan" (including implied warranties of merchantability or fitness for a particular purpose), nor does Licensor warrant that PurityScan is free of defects or non-infringing.
SOFTWARE LICENSE:
Installing PurityScan grants you a limited license to use the software program. You may not distribute the software in any manner, other than described above. YOU MAY NOT COPY THE SOFTWARE OR SUBJECT IT TO REVERSE ENGINEERING. YOU ARE PROHIBITED FROM USING THE SOFTWARE IN ANY MANNER OTHER THAN AS DESCRIBED ABOVE.
PLEASE GO TO http://www.purityscan/terms.html AND PRINT THESE TERMS FOR FUTURE REFERENCE. Bookmark this page and check back frequently to learn about any modifications to our Terms and Conditions and Privacy Policy.
PRIVACY POLICY
Click Spring, LLC (PurityScan) has created this privacy statement in order to outline our online information practices. The following fully discloses what kind of information we collect from our visitors, and how we use that information at PurityScan
INFORMATION COLLECTION:
Our site's registration form requires users to give contact and demographic information such as name, e-mail address, age, gender, zip code and country of residence. We may use customer contact information from the registration form to send the user information about our company and promotional material from some of our partners. The customer's contact information may also be used to contact the visitor when necessary and shared with other companies who may want to contact our visitors. Demographic and profile information may also be used to tailor the visitor's experience at our site, showing them content that we think might interest them. We may disclose information you enter during the join process to third parties.
CONTACTING THE WEBSITE:
If you have any questions about this privacy policy, the practices of this site, or your dealings with this Web site, you can contact:
info@purityscan.com
Section 2:
1. Service to be provided by PurityScan and/or PuritySweep. PurityScan will provide an application that lets users find objectionable material on their hard drive. PuritySweep will provide an application that cleans out files from a user's hard drive, some of whose content may prove to be objectionable by nature.
2. Customer Conduct/Responsibilities.
2.1 Customer understands that all information whether publicly posted or privately transmitted over the Internet is the sole responsibility of the person from which such information comes. You, the customer, must take total responsibility for all material acquired through the site. PurityScan and PuritySweep cannot and does not guarantee the quality, integrity, or accuracy of such information.
2.2 Customer shall not use either PurityScan or PuritySweep's site to assist in transmitting or otherwise making available material that is:
Illegal or unlawful under federal, state or local laws or regulations;
Abusive, threatening, or harassing;
Obscene, defamatory, libelous, or otherwise invasive of another's privacy;
Hateful, or racial or ethically objectionable;
Harmful to minors;
Unsolicited advertising or promotional materials, including e-mail, spam, pyramid schemes, chain letters, and the like;
Designed or intended to interrupt, or destroy, or limit the functionality of any computer software, hardware, or telecommunication's equipment; or
An unlawful use or infringement of intellectual property rights of any third party.
2.3 Customer shall not collect or maintain personally identifiable data about other users.
3. Indemnification.
3.1 Customer shall indemnify and hold PurityScan or PuritySweep and its officers and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of material transmitted or made available by customer through the site.
3.2 Customer shall indemnify and hold PurityScan or PuritySweep and its officers and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party and arising out of any hardware or software contamination caused by the customer using the site.
4. LIMITATION ON LIABILITY. PURITY SCAN WILL NOT BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY WITH RESPECT TO ANY LOSS OR DAMAGE, INCLUDING DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN CONNECTION WITH THE PROVISION OF SERVICES UNDER THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
5. DISCLAIMER OF WARRANTIES.
5.1 CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE APPLICATION IS AT ITS SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PURITY SCAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING SPECIFICALLY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2 PURITYSCAN AND PURITYSWEEP MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR EXPECTATIONS, THAT SERVICE WILL BE UNINTERRUPTED, AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
5.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OCCASIONED THEREBY.
5.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.
6. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, Affiliate Program rules, and PurityScan and PuritySweep user terms. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, the inclusion of your account information in our databases, or your participation in using the PurityScan or PuritySweep application following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change. Any change to this agreement also applies to any use of PurityScan after termination of this agreement, especially in regards to competing with the company in business.
7. These terms apply to anyone who has ever used the PurityScan or Purity Sweep application for any purpose including, but not limited to: Use for surfing the Web, use in a reseller relationship, use in reviewing the PurityScan or PuritySweep application, use in evaluating the PurityScan application, or for any other use whatsoever. Reverse engineering the PurityScan or PuritySweep software, modifying the software, competing in business in any way with PurityScan, PuritySweep or Click Spring, is not allowed as per this agreement and this paragraph. If you accept the terms of this agreement you will not directly or indirectly compete with the business of the Company, as defined by Click Spring LLC, and its successors during and after the period of your affiliation with our Company. The term "not compete" as used herein shall mean that you shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of affiliation. You acknowledge that the Company shall or may in reliance of this agreement provide you with access to trade secrets, customers and other confidential data and good will. You agree to retain said information as confidential and not to use said information on your own behalf or disclose the same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. In the event that this agreement is terminated by either party, this no-compete clause still holds true for a period of 15 years.
8. Termination of accounts. The company reserves the right to reject or terminate your account at any time.
9. As a user of PurityScan or PuritySweep you hereby agree not to directly or indirectly compete with the business of the Company and its successors during and after the period of your use of PurityScan or PuritySweep. The term "not compete" as used herein shall mean that you shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of use. You acknowledge that the Company shall or may in reliance of this agreement provide you with access to trade secrets, customers and other confidential data and good will. You agree to retain said information as confidential and not to use said information on your own behalf or disclose the same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. In the event that this agreement is terminated by either party, this no-compete clause still holds true for a period of 15 years. At no point in time will you ever modify, copy, or compete with the PurityScan or PuritySweep software. You will never compete with PurityScan, PuritySweep or Click Spring, LLC in the industry of online privacy, pop-up protection, or any business whatsoever involving Click Spring, LLC. Downloading our software from our servers, using the application from your computers or the computers of your employers, and submitting your information or your employer?s information stored in our database shall constitute agreement to these terms.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE MAKERS OF PURITYSCAN AND PURITYSWEEP (CLICKSPRING, LLC). BY RUNNING THE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
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Keen Value
License Agreement and Privacy Policy
KEENVALUE FUNCTIONALITY
KEENVALUE at www.keenvalue.com has been developed by ThunderDownloads to bring you offers, advertising and informational messages on the Internet. KEENVALUE provides you with the ability to obtain advertiser-supported versions of software products free-of-charge. KEENVALUE identifies your interests based on your computer usage and web surfing behavior and shows you advertising and contextual information and services that are matched to your viewing habits. These advertisements are delivered to your computer screen by pop-up windows and other Internet advertising formats. The ads or offers served to you are determined by the web sites that you visit. Often, advertisements are from web sites that are competitors of sites that you are viewing or have recently viewed. These ads offer products and services at competitive prices.
SOFTWARE REMOVAL
YOU MAY REMOVE KEENVALUE FROM YOUR COMPUTER BY USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT® WINDOWS® CONTROL PANEL.
Privacy Policy
Information We Collect
KEENVALUE does not collect personally identifiable information. KEENVALUE collects non-personally identifying information:
* Websites/pages you view
* Your response to displayed advertisements
* Standard web log information including IP address and system settings
Use of Cookies and Web Beacons
We use cookies to collect and store information. Cookies are small files that the user's web browser places on the user's hard drive for record keeping purposes. Cookies permit us to identify the user by recalling the user's email address and other information that the user has voluntarily provided. Cookies are also used to identify our software on your computer, to limit how often advertisements are displayed and at times, to identify and compensate third parties.
To enable some third party network advertising companies to display advertisements, cookies are used. Please note that when a third party network advertising company sets and accesses cookies at our request, they do so in accordance with their own privacy statement. Third party network advertising companies often use 'web beacons' which allows them to access cookies on a computer in order to target advertise and analyze ad campaigns for their clients. Some third party network advertising companies allow consumers to opt-out of their use of cookies. See Network Advertising Initiative's gateway opt-out site at www.networkadvertising.org to review the privacy policies of network advertising companies and/or opt-out of network advertising cookies
Some third party marketing partners may offer you the opportunity to download KEENVALUE from their web site. KEENVALUE may host web pages for these third parties. We use web beacons on these pages to count the number of people who have viewed the pages for compensation purposes.
How We Use Your Information
The information that we collect is associated with a particular personal computer through a randomly generated Anonymous ID number and is used to:
* Generate advertisements that meet your personal interests
* Generate ads and other contextual information that reflects your web-surfing habits
In the event that we merge with another company, transfers or sells substantially all of our assets or capital stock to a third party, all collected and stored information would be included in the merger, transfer or sale and that company would be bound by this License Agreement and Privacy Policy. If required by law, individual information may be disclosed to a third party.
Changes to our Privacy Policy
We reserve the right to modify our Privacy Policy at any time and we will post all updates to the Privacy Policy on the Site. For support or privacy questions, contact us at privacy@keenvalue.com
License Agreement
This software is licensed to you for your personal, non-commercial use only, pursuant to the terms and conditions stated herein. By downloading this software, you agree not to use it in a manner prohibited by law or in violation of any contractual provision for which you are bound and you agree to comply with all applicable laws, rules and regulations related to its use. You also agree to accept updates and enhancements, if any, sent to you by ThunderDownloads.
Voluntary Use, Right to Uninstall and Termination
You understand that you are using this software voluntarily and you may uninstall KeenValue at any time by using the Microsoft® Windows® Add/Remove Programs menu in your Microsoft® Windows® control panel.
License Restrictions Except for the rights expressly granted hereunder, no other right is granted to you. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble this software. You do not have the right to create derivative works of this software and you agree not to attempt, or allow others to attempt, to reverse engineer and/or modify the software's source code. You may not rent, lend, assign, lease or transfer rights to the software.
Disclaimer of Warranty YOU AGREE THAT YOUR USE OF KEENVALUE IS AT YOUR OWN RISK. KEENVALUE IS PROVIDED TO YOU 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. WE EXPLICITLY DISCLAIM ALL LIABILITY WITH REGARD TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THIS SITE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WE MAKE NO WARRANTY THAT THIS SOFTWARE PRODUCT IS FREE OF DEFECTS OR ERRORS, THAT RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF KEENVALUE WILL MEET YOUR EXPECTATIONS. These exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THUNDERDOWNLOADS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Applicable Law and Jurisdiction. The laws of the State of California will govern this Agreement without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
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InContext Inc. End User License Agreement and Privacy Policy
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THE INCONTEXT SOFTWARE ('InContext') PROVIDED BY INCONTEXT, INC. 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. INCONTEXT, INC. RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AND PRIVACY STATEMENT AT ANY TIME.
License Agreement
This 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.
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. InContext, Inc. reserves the right to periodically modify, install, update and/or upgrade the software or partner 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 InContext, Inc. 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 InContext, Inc. should be independently verified by the user prior to making decisions based on such information content and services.
Limitation of Liability
To the maximum extent permitted by law, in no event will InContext, Inc. 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.
Privacy Policy
IN ACCEPTING THIS LICENSE AGREEMENT, YOU GIVE US AND OUR AFFILIATES PERMISSION TO USE THE INFORMATION CONTAINED IN THIS POLICY IN A MANNER CONSISTENT WITH THE POLICIES OUTLINED BELOW. WE WILL NOT USE YOUR PERSONAL INFORMATION FOR OTHER PURPOSES WITHOUT FIRST OBTAINING YOUR CONSENT.
Definitions
"Personal Information" refers to individually identifiable information that we collect online and that allows for a user to be contacted. This may, but does not necesarily include, information such as first and last name, location address and email address.
'Partners' include but are not limited to direct marketing service providers, data mining and coallation agencies, direct marketing applications and lookup and reference service applications.
Notices
User ID
Each individual desktop is assigned an anonymous, unique ID. This ID is used to enable InContext, Inc. to count unique, active desktops that network.
The InContext Software (The 'Software')
The InContext software is a tool that combines provided user information to enable us to better understand our users' preferences and needs, and to help our partners deliver more pertinent content to our users. The software automatically logs certain anonymous information about any visitor to the user of the InContext program, including the following elements: The URL of any pages requested, time and date of the request; the Web browser and version number thereof being used, and the version and type of your operating system; InContext also logs the URL from where you activated the InContext software, or linked to the InContext homepage or related properties. Finally, InContext will log the IP address of the browser used to display InContext program results, called windows or other media. InContext uses this information tailor content to our users.
Privacy
Occasionally, InContext may collect information about your interaction with InContext and/or its affiliates' and partners' software. This may include information such as how often users use the software, or whether users respond to advertisements or offers from InContext and its partners. This information may be shared with InContext's partners for the purpose of evaluating the success of their marketing programs.
InContext uses summary information obtained by combining personal information from many individuals. Individual identity is not tracked nor it is coallated or measured against any exisiting database. InContext will no attempt to assign individual personal identity to any user of it's software without the express consent of users.
InContext reserves he right to an exception to this in cases where InContext believes in good faith that such use is required by law, including pursuant to a subpoena, court order, legal process or warrant.
2. Option to Remove
InContext collects personal information only with your consent. InContext uses both opt-in and opt-out media. To have your data removed from any InContext Inc. database, you may visit our remove page, at http://www.adsincontext.com/remove
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TurboDownload
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THIS SOFTWARE PRODUCT BUNDLE (THE "SOFTWARE") PROVIDED BY CONSUMER SOFTWARE LABS, A DIVISION OF ION MEDIA, INC. ("ION"). 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. CONSUMER SOFTWARE LABS RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AND PRIVACY STATEMENT AT ANY TIME.
The software from Consumer Software Labs is provided completely free and includes TurboDownload, and associated adware technology.
TurboDownload is proprietary technology that accelerates web page download speeds by optimizing the data stream of Internet Explorer. You may adjust the settings of TurboDownload by selecting the 'tools' menu within Internet Explorer and modifying your desired connection download speed.
Any reference, labeling or association of Consumer Software Labs products and adware components to spyware is misleading and a complete misrepresentation. Consumer Software Labs does not practice or condone spyware activity of any kind.
Software Removal
Consumer Software Labs software and associated adware components are fully visible and transparent and may be voluntarily removed by simply using the Add/Remove Programs feature of Microsoft windows. For detailed information on removal please visit: www.consumersoftwarelabs.com/softwareremoval.html
Functionality
Consumer Software Labs and the associated adware technology provide relevant advertising offers and services as you surf the Web. These offers attempt to display offers at the moment when they are most relevant to you. Offers and information may be displayed in the form of interstitials ("pop ads"), text hyperlinks, shortcuts and various other ad formats. Consumer Software Labs is not spyware and does not install spyware of any kind. Consumer Software Labs and the associated adware technology enable users to receive advertising-supported versions of many popular software applications in return for continued free use of those applications. Use of all associated adware technology is preferred, but not required to continue using these consumer software applications for free.
Consumer Software Labs and the associated adware technology 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, searches within Internet Explorer, HTML and TEXT content of the web pages viewed by the user. Offers are delivered in a separate, independent window controlled by Consumer Software Labs, are not endorsed or affiliated with anyone other than Consumer Software Labs and may in fact be competitive with some of the sites visited by the user while online. Consumer Software Labs provides you a Service that will notify you of relevant offers and or information that may be of interest to you, by hyperlinking existing text keywords on Web sites you visit or by opening new browser windows with various offers and information. Upon the opening of any World Wide Web Page, the Software reviews the Web Page, hyperlinks specific keywords and/or phrases with hyperlinked text to associated 3rd party Web sites. This hyperlinking is NOT associated or apart of the original Web page content you are on, but are hyperlinked overlays provided by Consumer Software Labs service. The links to the associated third party Web sites are provided by the Consumer Software Labs service and are not provided by the Web site you are visiting. If you follow any link and wish to return to the site where you were, simply click the Back button.
The License
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.
Disclaimer of Warranty
You, the computer user, 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. Consumer Software Labs 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.
Registration and Acceptance
By clicking the "I Accept" box and installing and/or loading the Consumer Software Labs software applications, each user represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, and has read, understands, and agrees to be bound by all provisions of this Agreement. Any parent or guardian of a person under the age of 18 may accept this Agreement on behalf of a user. By doing so, any such parent or guardian represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, agrees to accept full responsibility for the child's use of the Consumer Software Labs software, and has read, understands, and agrees to be bound by the Agreement.
The information and services provided by the software and/or Consumer Software Labs 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 Consumer Software Labs 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 Consumer Software Labs 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.
Free Third Party Software
Consumer Software Labs has partnered with popular software companies to offer users quality free advertising supported software. Consumer Software Labs has available and may include or bundle additional free advertising-supported software from 3rd party software partners. Please visit: www.consumersoftwarelabs.com to view associated partners and review representative terms and conditions, licenses, privacy policies, and software activity and removal instructions. Consumer Software Labs is in no way liable for the policies and activities of 3rd party software.
Notifications of Infringement
Consumer Software Labs will not tolerate advertiser infringements in violation of your rights.
Consumer Software Labs processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Consumer Software Labs will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any ad, reference or link to material or activity that is claimed to be infringing.
Registered Copyright Agent
Consumer Software Labs
E-mail Address: comments@consumersoftwarelabs.com
The words "Notice of Infringement" should be put in the subject line of all such notifications.
If Consumer Software Labs removes or disables access to any materials that are claimed to be infringing, Consumer Software Labs may attempt to contact the Consumer Software Labs advertiser whose site or link contained such material in order to give the advertiser an opportunity to respond to the notification, although Consumer Software Labs makes no promise to do so.
Consumer Software Labs will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws.
PRIVACY STATEMENT
By downloading the software, you give permission to Consumer Software Labs to display relevant contextual information and offers. Consumer Software Labs and the associated adware technology provide relevant advertising offers and services as you surf the Web. These offers attempt to display offers at the moment when they are most relevant to you. Offers and information may be displayed in the form of interstitials ("pop ads"), text hyperlinks, shortcuts and various other ad formats.
User privacy is extremely important to Consumer Software Labs and is protected in the following manner:
1. Personally identifiable information is NOT required in order to use the software and 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 "click-stream data") are NOT transmitted to any server
3. Does NOT assemble personally-identifiable browsing profiles of users
4. Does NOT assemble anonymous machine-identifiable browsing profiles of individual users
5. 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 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 Consumer Software Labs servers. To protect user privacy and prevent Consumer Software Labs 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 the servers.
Consumer Software Labs does use cookies and 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 adjust the settings on your browser.
Consumer Software Labs may update privacy statements at any time. A current version of the Consumer Software Labs privacy statement is available at www.consumersoftwarelabs.com/privacy.html
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Whenu (SaveNow):
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.
Functionality
The ClockSync! software bundle from WhenU.com includes both Save! 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 Save! 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, HTML content of the web pages viewed by the user and the local zip code of the user . Save! ads and offers are delivered in a separate, independent window 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 License
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.
Age Limitation
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.
PRIVACY STATEMENT
ClockSync's function is to synchronize your computer's clock to the official correct time. ClockSync operates in accordance with the terms of the privacy policy for Save!, as set forth below. ClockSync does not store personally-identifiable information required or collected in order to use the software.
By downloading the Save! software, you give permission to WhenU.com to display relevant contextual information and offers. The Save! 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, 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
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Memory Watcher:
TERMS OF USE AND END USER LICENSE AGREEMENT
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By installing the Memory Watcher Software on your computer, you understand that:
(i) Several ADVERTISING CONSOLES may be launched for the duration of time you spend online. These consoles may continue to be launched as long as you have MemoryWatcher installed on your machine. MemoryWatcher does not monitor the activities or collect information from users once they have left MemoryWatcher. By downloading MemoryWatcher, you understand that these changes cannot be reversed without running the removal executable of MemoryWatcher. If you try to change the items above manually, your changes will be lost when you reboot or turn off your computer.
(ii) QuadroGram may automatically transmit to and install on your computer, Software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software, with or without giving notice.
The Memory Watcher software and the services provided by that software are provided "as is," without warranty of any kind, either expressed or implied, including without limitation, warranties of performance, merchantability, fitness for a particular purpose or noninfringement. The Company does not warrant that the functions included in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. The Company does not warrant that information will be transmitted in uncorrupted form or within a reasonable period of time. The Company does not warrant the accuracy of the data provided by the Software, and bears no liability for missing, unavailable or incorrect data. You bear the entire risk as to the use, quality and performance of the Software. Title, ownership rights, and intellectual property rights in the Software shall remain in the Company and/or its licensors. The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Software in your possession or control. The Company is permitted, at any time and for whatever reason, to limit, deny, modify, or cancel some or all of the functionality or content of the Software or the Service without prior notice. QuadroGram may elect in its sole discretion to condition the continuation of this license to accepting software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the Software. By using the Software, you may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall QuadroGram, its licensors, or any of its affiliated entities be liable to you or any other person for any direct, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of functionality, or any and all other commercial or non-commercial damages or losses, even if QuadroGram shall have been informed of the possibility of such damages, or for any claim by any other party. The Software is provided for your use, as described above, free of charge, and is supported by advertising revenue. By downloading the Memory Watcher software, you agree to receive advertising messages delivered on your computer in any form and of any frequency. QuadroGram may, in its sole discretion, change, modify, add or remove portions of this license at any time. Notice of material changes to this agreement will be posted onQuadroGram's web site or through the Software. Your continued use of the Software following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software. This Agreement represents the complete agreement between you and QuadroGram concerning the subject matter hereof and supersedes all prior agreements and representations. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable.
Any person who wishes to download and/or use the Memory Watcher downloadable software product (the "Software") must agree to the terms and conditions of this Terms of Use and End User License Agreement, (the "Agreement"),as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and QuadroGram, LLC. (the "Company"), developer of Memory Watcher, and its affiliated entities. By registering for, downloading, installing, or using the Memory Watcher software, you agree to be bound by all terms and conditions of this agreement and all policies and guidelines incorporated by reference. If you do not wish to be bound by this agreement, do not indicate your acceptance and do not use the Memory Watcher software. These terms and conditions are accepted by downloading this product. The Company grants you a non-exclusive license to use the Memory Watcher software as described below.
You may:
a) use the Memory Watcher software on any one computer;
b) copy the Memory Watcher software without change or
modification for distribution to third parties free of charge;
c) copy the Memory Watcher software for purposes of archiving, provided that any archival (or non-archival)
copy must contain all of the Memory Watcher software's proprietary notices.
You may not:
a) modify, reverse engineer, or create derivative works based on the Memory Watcher software;
b) copy the software except as specified above;
c) rent, lease, sell or otherwise transfer rights to the software;
d) permit other individuals to use the Memory Watcher software except under the terms of this agreement;
e) remove all of the original proprietary notices included with the Memory Watcher software, including
this Agreement.
PRIVACY POLICY
Memory Watcher is free advertising-supported software. It is our strict policy to distribute this software only to users who have been given the opportunity to review and accept this privacy policy prior to the downloading of Memory Watcher. If you believe you have received Memory Watcher without accepting the privacy policy and license agreement please contact us at help@memorywatcher.com.
Memory Watcher aims to provide users with real-time available memory levels on their computer for free while delivering relevant advertising to those users. The ad formats used byMemory Watcher will vary, but will primarily consist of pop-unders and pop-ups. Memory Watcher may use information about its users in order to make sure they are receiving advertisements that are relevantto them. All advertisements are delivered independently from websites our users are visiting and arenot endorsed or affiliated with anyone else other than Memory Watcher. The Internet is constantlyevolving, and because of this we reserve the right to update both the functionality of our software aswell as our privacy policy. Please review our policy frequently. Use of the Memory Watcher software indicates your knowledge and acceptance of the privacy policy and license agreement posted on the Memory Watcher site at the time of your use of the product. If you are thirteen years old or younger, we will not collect, store or use your personally identifiable information. In addition, parents or guardians of children over the age of thirteen should be aware that this program is designed to appeal to a mass audience and it is up to their discretion whether the program is fit for children over the age of 13. If you want to uninstall Memory Watcher, you can do so easily through the add/remove function in your control panel. If you have any problems or general questions, please feel free to email us at help@memorywatcher.com. You understand, acknowledge and agree that installation of Memory Watcher permits the downloading to your computer by Memory Watcher of software which allows us to update the Software and install other Applications, and that such downloads and updates may occur without notice to you. Unless stated otherwise, any new products or services we provide or distribute, whether through our own or third party websites or servers, will also be subject to the terms of this Agreement.
Disclaimer of Warranty YOU ACCESS AND USE OUR APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR SERVICES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY:
(A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR THE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR
(B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR
(C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WE MAKE NO WARRANTY THAT
(i) WE CAN IDENTIFY ANY IDENTITY THEFT,
(ii) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH
THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR
(iii) ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MEMORY WATCHER, ITS PARENTS, SUBSIDIARIES,OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS,ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEFARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MEMORY WATCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN MEMORY WATCHER'S AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BELIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY MEMORY WATCHER PER USER OF MEMORY WATCHER SOFTWARE PRODUCTS PER MONTH AS CALCULATED BY MEMORY WATCHER BASED ON THE USE OF SUCH PRODUCTS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY MEMORY WATCHER) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN AN APPLICATION USER THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNYS' FEES FOR, ANY CLAIM BASED UPON:
(I) ANY METHOD OR PROCESS IN WHICH OUR APPLICATION MAY BE USED BY YOU;
(II) ANY RESULTS OF USING OUR APPLICATION;
(III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF OUR APPLICATIONS; OR
(IV) THE COMBINATION, OPERATION OR USE OF ANY OF OUR APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
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