Restrictions
On Use of Entertainment
This site is copyright protected. Any textual or graphic
material you copy, print, or download is licensed
to you by FactoryGames, and/or its subsidiaries
solely for your personal, non-commercial home use
only.
The
license will be deemed automatically revoked if you
change or delete any copyright, trademark or other
proprietary notices, or make any unauthorized use
of such materials. FactoryGames reserves all
rights in and to any content, software and/or services
available through this site which are not expressly
granted by this Disclaimer.
You
may not sell, redistribute or reproduce the games,
nor may you decompile, reverse engineer, or disassemble
the games or otherwise convert the games to a human-perceivable
form.
All
trademarks and logos are owned by FactoryGames,
there fore you may not copy or use them in any manner.
This site is controlled and operated by FactoryGames...
Factorygames - conditions of
use
This program is copyright ©
Factorygames. You are authorised to use
the program for your own private use but you may not
sell the program or remove any copyright information
from it. Factorygames may be used commercially free
of charge.
You use the program at your
own risk - the author accepts no responsibility for
any problems or losses which might arise from its
use.
Factorygames
License for use and distribution
The Factorygames is distributed on a Freeware basis.
This means:
1. All copyrights to Factorygames are exclusively
owned by the author -
Alex Fer and publisher - Factorygames.
2. Factorygames, may be freely
distributed, with exceptions noted below, provided
the
distribution package is not modified.
No person or company may charge a fee for the distribution
of
Factorygames without written ermission from the copyright
holder.
3. The Factorygames IS DISTRIBUTED
;. NO WARRANTY OF ANY KIND
IS EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK.
THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES,
LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING
OR
MISUSING THIS SOFTWARE.
4. You may not use, copy, emulate, clone, rent, lease,
sell,
modify, decompile, disassemble, otherwise reverse
engineer,
or transfer the licensed program, or any subset of
the licensed
program, except as ;provided for in this agreement.
Any such unauthorized use shall result in immediate
and
automatic termination of this license and may result
in
criminal and/or civil prosecution.
5. The Factorygames keyfiles may not be distributed
without
the written permission of the copyright holder.
All rights not expressly granted here are reserved
by
Alex Fer and Factorygames.
6. Installing and using Factorygames signifies
acceptance of these terms and conditions of the license.
7. If you do not agree with the terms of this license
you
must remove Factorygames files from your storage
devices and cease to use the product.
Publisher:
Factorygames.
EMail: freegames
By accepting this agreement and installing this software
you also agree to the terms and conditions:
A.
By accepting this agreement
and installing this software you also agree to the
terms and conditions of the End User License agreement
and privacy policy located at http://eula.winadclient.com/4
of the software provided by CDT Inc. ("CDT").
The software is a suite that contains third-party
permission-based contextual ad delivery applications
which provide access to a wide range of content, websites,
applications and information offered by CDT and its
partners. The software may be uninstalled at any time
by going to the “Add/Remove Programs” menu
on your computer and clicking the “Remove”
button next to it. To learn more about the software
suite, please visit http://eula.winadclient.com/4.
DeskAd Service End User License
Agreement (EULA)
CAREFULLY READ THE FOLLOWING
LICENSE AGREEMENT.
BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR
USING THE SOFTWARE APPLICATION SERVICE AND/OR SOFTWARE,
YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING
A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL
OR USE THE SOFTWARE APPLICATION SERVICES AND/OR SOFTWARE.
"DeskAd Service"
is a permission-based contextual ad delivery application
that provides access to a wide range of content, websites,
applications and information offered by CDT, Inc.
("CDT") and its affiliates. DeskAd Service
will not collect information about the websites you
visit and will not collect any information that will
be used by CDT to identify you personally. The information
that DeskAd Service collects and transmits to CDT
will be used to provide you with access to a wide
range of content, websites, applications and information
offered by CDT and its affiliates. DeskAd Service
can be uninstalled at any time by going to the "Add/Remove
Programs" menu on your computer and clicking
the "Remove" button next to the entry or
entries for DeskAd Service.
Furthermore, to give surfers
a rich Internet experience, CDT has partnered with
various companies. Depending on your demographics
and other circumstances, by installing DeskAd Service
you may also install the following applications and
accept the terms and conditions of their End User
License Agreements and Privacy Policies:
- 180search Assistant: a permission-based search assistant
application that provides access to a wide range of
websites, applications and information. 180search
Assistant will periodically direct you to our sponsors'
websites, allowing you to compare products, services,
and prices between websites. 180search Assistant will
collect information about the websites you visit,
but will not collect any information that will be
used to identify you personally. The information that
180search Assistant collects and transmits will be
used to provide you with access to comparative shopping
opportunities at times when we consider them most
relevant. 180search Assistant can be uninstalled at
any time by going to the “Add/Remove Programs”
menu on your computer and clicking the “Remove”
button next to the entry for Uninstall 180search Assistant.
To learn more about the 180search Assistant, please
visit the 180search Assistant website at www.180searchassistant.com.
With EULA located at: http://www.180searchassistant.com/eula.aspx
- Internet Optimizer: a search companion that helps
you find what you are looking for when you reach an
error page (also known as 404). EULA located at: http://www.internet-optimizer.com/legal/EULA/
- Golden Retriever by ShopAtHomeSelect: a shopping
companion that helps you find better deals when you
are doing online purchases. EULA located at: http://www.shopathomeselect.com/TermsAndConditions.asp
- Target Saver: shows offers and services as you surf
the web only when they are most relevant to you. EULA
located at: http://www.targetsaver.com/eula.html
- Bulls Eye: shows offers and services as you surf
the web only when they are most relevant to you. EULA
located at: http://www.exactadvertising.com/bullseye/bullseye_eula.htm
Access is made available only
to those who accept the terms of the following agreement:
By accepting this agreement,
I certify the following:
- I am an adult, being at least 18 years of age.
- I am the owner of this computer, or am authorized
by the owner of this computer to install software
on this system.
- I understand that by accepting these terms and conditions,
software will be installed on my computer.
- To ensure you always have the latest version and
for your convenience this software will automatically
update itself from time to time once installed.
- I understand the standards and laws of the community,
site and computer to which I am transporting this
material, and am solely responsible for my actions.
- If I use these services in violation of the above
agreement, I understand I may be in violation of local
and/or federal laws and am solely responsible for
my actions.
- By accepting these terms and conditions, I will
have released and discharged the providers, owners
and creators of this software/site from any and all
liability which might arise. By installing the software
you agree to the terms of the preceding agreement.
1. LICENSE GRANT. "You"
means the person or company who is being licensed
to use the software and/or service. "We",
"us" means CDT Inc, "Software"
means software owned by CDT Inc. and selected third
party software, including any upgrades, modified versions,
updates, additions and copies of the software.
We hereby grant you a nonexclusive,
non-transferable, limited license to use one copy
of the Software on the computer which this license
agreement was accepted on subject to terms and conditions
set forth below. The Software is "in use"
on a computer when it is loaded into temporary memory
(RAM) or installed into the permanent memory of a
computer--for example, a hard disk, CD-ROM or other
storage device.
2. TITLE. This license is not
a sale. We remain the owner of all right, title and
interest in the Software.
3. ARCHIVAL OR BACKUP COPIES.
You may not keep back up copies of this software.
4. THINGS YOU MAY NOT DO. United
States copyright laws and international treaties protect
the Software. You must treat the Software like any
other copyrighted material--for example a book. You
may not:
-- copy the Software in any
form,
-- modify or adapt the Software
or merge it into another program,
-- reverse engineer, disassemble,
decompile or make any attempt to discover the source
code of this Software,
-- place the Software onto
a server so that it is accessible via a public network
such as the Internet, or
-- sublicense, rent, lease
or lend any portion of the Software or Documentation.
5. LIMITED WARRANTY. Use of
CDT software and/or service is at your own risk. CDT
provides the software on an "as is", "where
is" basis with out warranty of any kind, either
express, implied or statutory.
To the extent permitted by
applicable law, THE FOREGOING LIMITED WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES
OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, regardless of whether we know
or had reason to know of your particular needs. IN
NO EVENT SHALL CDT BE LIABLE TO ANYONE FOR ANY UNAVAILABILITY,
DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT
TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY
THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING
THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS
OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING
WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF
COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK
ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED
IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE
SERVICE. YOU ASSUME THE ENTIRE RISK FOR THE ACCURACY,
ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND
QUALITY OF ANY INFORMATION.
No employee, agent, dealer or distributor of ours
is authorized to modify this limited warranty, or
to make any additional warranties.
SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
6. LIMITED REMEDY. CDT`S LIABILITY
TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED
TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED $1 (ONE
DOLLAR) OR THE FEE, IF ANY, PAID BY LICENSEE FOR THE
SOFTWARE, WHICHEVER IS GREATER.
7. DAMAGE LIMITATIONS. IN NO
EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, SEPCIAL, INCIDETNAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
FROM THE USE OR THE INABILITY TO USE THE SOFTWARE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
THESE DAMAGES. YOU EXPRESSLY RELEASE INDEMNIFY CDT,
IT'S EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, PARTNERS,
ADVERTISERS, BOARD OF DIRECTORS FROM ANY AND ALL CLAIMS,
DEMANDS OR CAUSES OF ACTION BOTH KNOWN AND UNKNOWN
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE
AND/OR BLAZEFIND.COM THE RIGHTS GRANTED HEREIN ARE
PERPETUAL AND WORLDWIDE. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF OUR LIMITED WARRANTY AND/OR
LIMITED REMEDY SHALL BE HELD INEFFECTIVE OR TO HAVE
FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY
FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE,
SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR
THE SOFTWARE LICENSED HEREUNDER.
8. TERM AND TERMINATION. This
license agreement takes effect upon your use of the
Software and remains effective until terminated. You
may terminate it at any time by destroying the Software
in your possession. You agree on termination of this
license to destroy all copies of the Software in your
possession. You may uninstall the software by by going
to the "Add/Remove Programs" menu on your
computer and clicking the "Remove" button
next to the entry or entries for DeskAd Service.
9. CONFIDENTIALITY. The Software
contains trade secrets and proprietary know-how that
belong to us and it is made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE
OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER
THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT,
MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS.
10. CHILDREN 13 YEARS OLD AND
UNDER. If you are thirteen years old or younger, you
are prohibited from downloading, registering, or using
the Service. By using the Service, you warrant to
CDT that you are above the age of thirteen. In addition,
parents or guardians of children over the age of thirteen
should be aware that the Service is designed to appeal
to a broad audience. Accordingly, it is your responsibility
to determine whether any portion of the Service is
inappropriate for your child.
11. CONSENT OF USE. You agree
that it is your sole responsibility to inform all
users of computer that you have caused the software
to reside that you will obtain their consent to this
agreement before allowing them to use the computer
to connect to the internet.
12. UPDATES. You grant CDT
permission to add/remove features and/or functions
to the existing software and/or service, or to install
new applications, at any time, in its sole discretion
with or without your knowledge and/or interaction.
13. SERVER INTERACTION. You
understand and accept that when the software is installed,
it periodically communicates with a server operated
by CDT and/or third party servers.
14. INFORMATION COLLECTION.
Software will not collect information about the websites
you visit and will not collect any information that
will be used by CDT to identify you personally. You
understand and grant CDT permission to assign each
copy of the software a unique software identification
code that cannot be traced to your personal information.
15. ARBITRATION. Any claim
or controversy arising out of or related to this Agreement,
or the products or services we provide and/or distribute
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. You agree to pay
any/all direct and/or indirect costs arising out or
related to the claim and/or controversy, including
but not limited to legal costs, transportation, accommodation,
telephone calls. You also agree to pay CDT $300 per
hour to attend arbitration including transport time.
The foregoing shall not preclude CDT from seeking
any injunctive relief for protection of CDT's intellectual
property rights.
16. GENERAL PROVISIONS.
a). This written license agreement
is the exclusive agreement between you and us concerning
the Software and service and supersedes any and all
prior oral or written agreements, negotiations or
other dealings between us concerning the Software.
b). CDT reserves the right
to modify this license agreement at anytime without
notification. You agree that your continued use of
the Software and/or Service following any changes
to this agreement and after the changes take effect
will constitute your acceptance of such changes.
c). In the event of dispute
resolution between us concerning the software or service
or this agreement, you agree to pay all direct and/or
indirect costs arising out of or related to the dispute,
claim or controversy, including but not limited to
all legal costs, transportation, accommodation, telephone
calls. You also agree to pay CDT US$300 per hour to
attend dispute resolution events including transport
time.
d). This license agreement
is governed by the laws of the province of Quebec,
Canada. The United Nations Convention on Contracts
for the Sale of Goods does not apply to this Agreement.
e). You agree that the Software
will not be shipped, transferred or exported into
any country or used in any manner prohibited by the
United States Export Administration Act or any other
export laws, restrictions or regulations.
f) If any provisions of this
Agreement shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be
deemed severable from these terms and conditions and
shall not affect the validity and enforceability of
any remaining provisions.
g). CDT's failure to enforce
the strict performance of any provision of this Agreement
will not constitute a waiver of CDT's right to subsequently
enforce such provisions or any other provisions of
this Agreement. No waiver of any provision of this
Agreement shall be effective unless in writing.
h). Any rights not expressly
granted herein are reserved.
Contact Us. If you have any
questions about the Software, our website, company
or service, you should first email our support team
at support or write to CDT Support,
PO BOX 181, Mont-Royal, QC, H3P3B9, Canada.
B.
SCHEDULE A
END USER LICENSE AGREEMENT AND PRIVACY POLICY
PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND
USING THE MEDIATICKETS BUNDLE (THE “SOFTWARE”)
PROVIDED BY MEDIATICKETS, LLC (“MEDIATICKETS”).
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. MIDEITICKETS RESERVES THE RIGHT TO REVISE
THIS LICESNSE AGREEMENT AND PRIVACY STATEMENT AT ANY
TIME.
Functionality
The Mediatickets Coupon Software
bundle (“Mediatickets Coupons”) shows you
relevant coupon offers, contextual information and
services as you surf the Web. Mediatickets Coupons
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 Mediatickets Content Ticket
(“The Ticket”) allows you to view/hear Web
comment that is protected by Mediatickets. Mediatickets’s
partner’s content will only be accessible to
you if you have The Ticket. The Mediatickets Content
Ticket functions much like a paper ticket one would
use to enter a movie theater or rock concert
Mediatickets Coupons 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, HTML content of
the Web pages viewed by the user, and the country
of the user Mediatickets ads and offers are delivered
in a separate, independent window or controlled by
Mediatickets, and are not endorsed or affiliated with
anyone other than Mediatickets and may in fact be
competitive with some of the sites visited by the
user while online.
Mediatickets Coupons enables
users to receive advertising-supported versions of
many popular software applications for free. The Mediatickets
Coupons includes Mediatickets Coupons-supported versions
of The Ticket. Use of Mediatickets Coupons is required
to continue to use The Ticket for free. To uninstall
Mediatickets Coupons, you must uninstall all Mediatickets
Coupons-supported software.
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
Mediatickets 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. Mediatickets
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 Mediatickets 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
Mediatickets 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 Mediatickets 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 malfunction or failure,
computer virus transmission, performance delays or
communications failures, security breaches or any
and all other damages or losses.
PRIVACY STATEMENT
By downloading The Mediatickets
Coupon Software bundle, you give permission to Mediatickets
to display relevant contextual information and offers.
The Mediatickets Coupon Software bundle 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 country 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 receive information
from Mediatickets 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 Mediatickets’
servers. User privacy is also protected in the following
manner:
1) Personally identifiable
information is NOT required in order to use the software
and Mediatickets 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 Mediatickets or any third-party
server.
3) Mediatickets does NOT assemble personally-identifiable
browsing profiles of individual users
4) Mediatickets does NOT assemble anonymous machine-identifiable
browsing profiles of individual users
5) Mediatickets 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 anonymous, unique
machine IDs. These machine IDs are used ONLY to enable
Mediatickets to count unique, active desktops in the
network. The machine IDs are NOT used to determine
which ads to serve individual users or to create browsing
profiles of users. When ads are displayed [do we want
to say coupons instead?] by the software, impressions
and click-through statistics are reported to Mediatickets
servers. To protect user privacy and prevent Mediatickets
or any third party from assembling user profiles,
the unique machine IDs are NOT included in the impression
and click-through reports sent by the desktop to Mediatickets
servers. Mediatickets may update privacy statements
for the Mediatickets Coupon Software at any time.
A current version of the Mediatickets Coupon Software
is available at http://www.mediatickets.net/terms.php
C.
This Software product does
not read online forms. This software may collect the
following information upon installation: IP address,
Location of Country, and Time Zone. No other personal
Information is collected. At no time do we sell your
information without your permission. At times we may
present you with special offers; however you may choose
to stop receiving these offers at anytime by simply
uninstalling the software.
AT-Games.com Principles
* Your privacy is protected
at AT-Games.com.
* You control your personal information.
* You can end your membership at any time.
AT-Games.com delivers advertisements
in a variety of ways. Favorites: Upon installation
we may add a pre-designed folder inside your favorites
menu in Internet Explorer. On a daily basis, AT-Games.com
will look for new special offers that may be inserted
into your folder. AT-Games.com also may remove the
folders we insert. AT-Games.com is not responsible
for the content of the sites linked to from the special
offers inserted into your folder. Contextual Marketing
Windows may also appear as windows on top of or underneath
other windows on your computer desktop. Some are displayed
in windows that float over other display ads on the
web sites you visit. Special offers may also be presented
to you in the form of desktop icons and installation
files. You may choose to stop receiving these offers
at any time by uninstalling AT-Games.com.
AT-Games.com and AddictiveTechnologies.net
(hereafter "AT-Games.com") and its affiliates
and partners understand how important privacy is to
our users. We are committed to this policy so that
our users clearly and fully understand how their personal
information is collected and used.
AT-Games.com Software Updates
and Third Party Software: When you download the initial
installation of AT-Games.com it may come bundled with
additional partners. Our current partners are http://info.lycos.com/legal/sidesearch_la.asp,
http://www.incredifind.com/pp.cfm, http://www.abetterinternet.com,
And http://www.shopathomeselect.com/TermsAndConditions.asp.
Periodically, a new version of AT-Games.com will be
released. Your current AT-Games.com software will
check in periodically to check for updates. If a newer
version is available, it will be downloaded and installed
automatically. AT-Games.com also works with third
parties. At times, AT-Games.com may include such software
in one of it's updates. While running AT-Games.com,
you will receive these updates automatically, however
if you wish to uninstall the third party software,
AT-Games.com will not be harmed. If you would not
like to be included in these software updates, please
uninstall AT-Games.com. Although AT-Games.com screens
companies that it works with thoroughly, they retain
no responsibility in the third party software.
AT-Games.com has based this
privacy policy on guidelines set out by the Federal
Trade Commission. AT-Games.com and its affiliates
comply with the Federal Trade Commission's Fair Information
Practice Principles.
1. Notice:
AT-Games.com is committed toess and transparency in its personal information
practices, and policies. This policy states in detail
what personal information we collect and why we collect
it. The AT-Games.com Web Site
Cookies: The AT-Games.com website
does not install cookies and it is AT-Games.com's
policy not to use them in any way on its website.
You are free to browse all of our websites anonymously.
The AT-Games.com Web server automatically logs certain
anonymous information about any visitor to the AT-Games.com
website (both registered users and non-users), including
the following elements: The URL of the page requested,
The time and date of the request; The "User Agent"
(the make and model of the Web browser being used,
and the version and type of your operating system);
The "Referrer" (the URL where you clicked
on a link to the AT-Games.com site); The IP address
where a copy of the page you requested is to be sent
for display by your browser. We use this information
in aggregate to get a better picture of where our
visitors come from and how to plan for the future
needs of our users. The User Agent also is used during
your visit to indicate to you whether the AT-Games.com
software will run on your computer's configuration.
The URL may contain tracking codes used only for the
purpose of auditing advertising.
The AT-Games.com Software:
The AT-Games.com software is a targeting tool that
uses artificial intelligence to understand our users'
preferences and help our marketing partners reach
users with offers that they find relevant and engaging.
The AT-Games.com software collects
the following information: The software collects and
transmits to AT-Games.com servers the URLs of the
Web pages visited on your browser. URLs are the addresses
of the web pages that your browser visits (http://www.AT-Games.com,
for example). The AT-Games.com software collects and
maintains information on both current and historical
browsing. AT-Games.com will use this information to
build a summary of your interests so that AT-Games.com
can help its partners make relevant and personalized
offers to you. This information is never sold and
is used solely by AT-Games.com. It is possible that,
in some instances, the operation of certain third
party websites may result in some personal information
being included in URL data, which can result in that
data being captured in the course of the normal operation
of the AT-Games.com software. Such instances are rare
and are the result of poor security practices by these
third party websites. In the unlikely instance that
such information is captured, it may be stored in
our database, but it will not be used or disclosed
in any manner inconsistent with our Privacy Policy.
2. Choice
AT-Games.com collects personal
information about you and your computer only with
your consent, and only in ways that are fair and lawful.
AT-Games.com collects only the personal information
we commit to collect, and only in the ways we have
committed to collect it.
AT-Games.com uses both opt-in
and opt-out media. This includes your consent to this
privacy policy and to our terms and conditions of
service.
Additional optional programs
Contact-Us Page:
We use our "contact us"
pages to collect information about you. In the case
of customer support questions, we use the information
to help diagnose and address consumer questions. Although
we collect this information, we do not combine this
with any information we have about your preferences
or interests.
The Internet is an evolving
medium and AT-Games.com may change its privacy policy
from time to time. Please review the AT-Games.com
privacy policy often. Use of any AT-Games.com product
indicates your knowledge and acceptance of the privacy
policy posted on the AT-Games.com site at that time.
synthetic urine products
END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
BEFORE YOU DOWNLOAD, INSTALL AND USE INCREDIFIND.
THIS SOFTWARE APPLICATION (the “Software”)
IS A PRODUCT OWNED BY INTERMIX MEDIA (“INTERMIX”)
AND/OR ITS LICENSORS. BY DOWNLOADING, INSTALLING AND
USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
TO TERMINATE THIS LICENSE AGREEMENT, YOU MUST SEPARATELY
UNINSTALL THE SOFTWARE FROM YOUR COMPUTER BY USING
THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT®
WINDOWS® CONTROL PANEL AND DESTROYING ANY COPIES
THAT YOU MAY HAVE MADE.
BY INSTALLING THIS SOFTWARE, YOU WILL AUTOMATICALLY
RECEIVE INCREDIFIND. TO REMOVE THEIS FILE ONCE INSTALLED,
YOU MUST UNINSTALL THE SOFTWARE FROM YOUR COMPUTER.
Scope of License. INTERMIX grants you a non-exclusive,
limited license, pursuant to the terms and conditions
herein, to download, install and use the most current
version of the Software for personal, non-commercial
purposes.
Ownership; All Users of This Computer Bound. You represent
and warrant that you are the owner of the computer
or the owner of the computer has authorized you to
install and use the Software. You agree not to use
the Software 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.
Voluntary Use; Right to Uninstall; Termination. You
understand that you are using the Software voluntarily
and you may uninstall it at any time by using the
Microsoft® Windows® Add/Remove Programs menu
in your Microsoft® Windows® control panel.
This License Agreement may be terminated at any time
by uninstalling the Software.
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 the Software.
You do not have the right to create derivative works
of the 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.
Ownership. You acknowledge and agree that the Software
has been licensed to you and has not been sold to
you. You agree that INTERMIX and its licensors own
all intellectual and proprietary rights. Unless otherwise
specified, INTERMIX and its licensors retain all right,
title and interest in and to the Software.
WARRANTY DISCLAIMER. YOU AGREE THAT YOUR USE OF THE
SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE 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.
INTERMIX EXPLICITLY DISCLAIMS ALL LIABILITY WITH REGARD
TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION
FOUND ON SITES THAT LINK TO OR FROM THE SOFTWARE.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE AGREEMENT. INTERMIX MAKES NO
WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS OR ERRORS,
OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM ITS
USE WILL BE RELIABLE.
The foregoing 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 INTERMIX OR
ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AGENTS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE SOFTWARE OR ANY PORTION OR FUNCTION THEREOF,
EVEN IF INTERMIX HAS 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.
Jurisdiction; Venue. 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.
General. This License Agreement, as modified from
time to time, sets forth the entire understanding
and agreement between you and INTERMIX with respect
to the Software. If any provision or provisions 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. INTERMIX 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, materials provided
by third parties, or any cause beyond the reasonable
control of INTERMIX.
MegaSearch Privacy Policy
You take online privacy seriously and so does MegaSearch!
It's our way of sustaining your trust in our company
and in our services. Our privacy statement describes
how we collect, protect and use customer information.
In this information age, our privacy policy is subject
to change, so we encourage you to visit this page
occasionally for more information. • What Personal
Information does MegaSearch Collect? • Why is
My Personal Information Collected? • How does
MegaSearch Gather Data on Users? • Do other Companies'
have Access to my Personal Information? • What
About Children's Information? • How Do I Contact
MegaSearch if I Have a Concern About My Personal Information?
• Your Agreement to This Privacy Policy. •
Changes to This Privacy Policy. What Personal Information
does MegaSearch Collect? MegaSearch collects and stores
information about the web pages you view and the data
you enter in a search engine's search field while
using software provided by MegaSearch. We also collect
the following information: your Internet Protocol
("IP") Address, which may include a domain
name; the date and time you downloaded software provided
by MegaSearch; and the name of and information about
the advertisement that may have brought you to download
software provided by MegaSearch. However, MegaSearch
does not store any personally identifiable information
such as your name, telephone number or email address
with the web usage data or search information collected.
In addition, some non-personally identifiable demographic
information is correlated to Web usage information
collected during use of our software, but we do not
attempt to determine your identity by analyzing this
information. ^ Why is My Personal Information Collected?
MegaSearch collects but does not store personal information
to help personalize your online experience. We use
this information to determine which search listings
and/or which advertisements to show you. We also use
user information to measure our success and performance.
For example, aggregate information gives us an idea
of the number of visitors we attract and how they
navigate the site. By collecting information, we can
also figure out the number of entries in MegaSearch
promotions. ^ How does MegaSearch Gather Data on Users?
If you are only visiting the MegaSearch corporate
Web site (www.MegaSearchbar.com), we collect the following
information: the full Uniform Resource Locator ("URL")
of the Web page from which you came to www.MegaSearchbar.com
and your Internet Protocol (/spacer.gif) Address.
If you download and install software provided by MegaSearch,
we collect your IP Address and, during your use of
the software, we may transmit cookies to the hard
drive of your computer. These cookies may assign your
Web browser a unique series of numbers, letters, or
characters (your "User ID") that enable
MegaSearch servers to recognize and identify your
Web browser when you are using the Service. They may
also enable us to track and store information about
your Web usage path. Software provided by MegaSearch
is designed to check for the availability of software
updates to ensure that you enjoy the latest improvements
of the software. When the software checks for the
availability of updates, anonymous information about
the software version is sent to our Web server. The
information is only used to determine whether new
software is available for download and is not associated
with your personally identifiable information. ^ Do
ther Companies' have Access to my Personal Information?
MegaSearch does not sell, rent, or trade your personally
identifiable information to other companies (because
we don't collect it). Our software may link to advertisers
and sites that collect personally identifiable information
about you when you access them from MegaSearch. This
type of collection or use of personal information
is beyond MegaSearch's control and is not covered
by this Privacy Policy. ^ What About Children's Information?
We comply with the practices established under the
Children's Online Privacy Protection Act. We do not
knowingly collect or retain any information from consumers
under the age of eighteen. ^ Your Agreement to This
Privacy Policy. By using software provided by MegaSearch,
you indicate that you agree to the collection and
use of your IP address by MegaSearch as outlined in
this Privacy Policy. ^ Changes to This Privacy Policy.
We reiterate that our Privacy Policy changes from
time to time. Be sure to visit this page occasionally
to find any updates we have made. We are committed
to posting Privacy Policy changes on this page so
consumers can be sure of how MegaSearch is gathering
and using information about them. ^ How Do I Contact
MegaSearch if I Have a Concern About My Personal Information?
Email: bsingleton U.S. Mail:
Vista Interactive Media 5 Corporate Park, Suite 160
Irvine, CA 92606
Privacy Agreement and Software License
IMPORTANT - READ CAREFULLY
BEFORE DOWNLOADING SOFTWARE:
This Privacy Agreement and
Software License (“Agreement”) is a binding
legal agreement between you and Blue Tide Software
(“BTS”) and governs your use of the Surf
Sidekick ad serving software (“Software”)
and the collection and use of certain information
about you and your computer pursuant to the advertising
service we provide using the Software. You must click
on the acceptance button below before downloading,
installing, accessing or otherwise using the Software.
WHEN YOU DOWNLOAD, INSTALL,
ACCESS, OR USE THE SOFTWARE YOU ARE ACCEPTING THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND REPRESENT
THAT YOU HAVE THE AUTHORITY TO ACCEPT THEM. IF YOU
DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS
SET FORTH IN THIS AGREEMENT, YOU MAY NOT DOWNLOAD,
INSTALL, ACCESS, OR USE THE SOFTWARE AND YOU MUST
EXIT THIS DOWNLOAD PROGRAM.
The Basic Deal
BTS provides you with our free
Software program that we use to show you ads for various
products, services and web sites that we believe you
may be interested in. By accepting the terms of this
Agreement and downloading and using the Software,
you are asking for and agreeing to receive sponsored
web pages and ads from us on your computer while you
are online and to the specific terms and conditions
of this Agreement related to your use of the Software.
You are also asking for and consenting to our collection
and use of certain anonymous information about you,
your computer and your Internet surfing habits that
we use to provide you with particular content. IF
YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE
SOFTWARE. IF YOU CHANGE YOUR MIND, REMOVE THE SOFTWARE.
Bundles, Advertisements and
Links
This Agreement only governs
your rights to download and use the Software and related
service. If you downloaded the Software bundled with
another party's software product or program, your
rights and obligations related to the other party's
software are not governed by the terms of this Agreement
and are governed by the third party's user agreement,
if any. In addition, when you download, access or
otherwise use any third party product, service or
web site you do so at your own risk and all questions,
concerns or comments regarding the product, service
or web site must be directed to the third party. BTS
DOES NOT SPONSOR, TEST, RECOMMEND, APPROVE OF OR MAKE
ANY REPRESENTAION OR WARRANTY WHATSOEVER REGARDING
OR RELATED TO ANY THIRD PARTY PRODUCT, SERVICE OR
WEB SITE, INCLUDING THOSE PRODUCTS, SERVICES AND SITES
BUNDLED WITH, LINKED TO OR PROMOTED THROUGH THE USE
OF THE BTS SOFTWARE.
OUR SERVICE
Please note that our ads are
delivered to you independently using the Software
when you surf the Internet and are provided to you
in separate pop-up windows that appear on top of or
under other windows on your screen. In other words,
when we send you an ad that ad is not sponsored or
controlled by the web sites you visit, it comes directly
from our servers to your screen. And our ads may be
promoting products or services from companies that
compete with those offered by the owners of the web
sites you visit.
After you download our Software,
our computers “talk” with the Software to
help select and then show you ads and content on your
computer screen. Our Software also communicates with
servers to collect your anonymous Internet surfing
information and to help us maintain and update the
Software. The specific information we collect during
this process, how we use it and who it is shared with
is described in detail below.
The Specific Information We
Collect To Provide The Service
To help us and our advertising
clients provide you with the most relevant and useful
ads and information possible, we may collect the following
categories of anonymous information from you:
(1) The web pages you view
while surfing the Internet.
(2) How and if you respond
to the ads we provide you (for example, we collect
information about whether you clicked on an ad or
made a purchase in response to a specific ad).
(3) Your computer type, internet
connection, operating system, browser and basic system
set-up (screen resolution, time zone selected, etc.).
(4) What software you have
on your computer (including what versions of the BTS
Software you are currently running) to provide you
with updates and upgrades and offer you products (including
software products) and services that we determine
you might be interested in based on your current set
up.
As a general rule, we do not
collect ANY personally identifiable information from
you as part of the service. We do not ask for and
do not want to know your name, email address, street
address, phone number, social security number, computer
passwords or anything else that would disclose your
identity to us.
The exception to the rule:
If you provide any personally identifiable information
to us like your name, email address or phone number
in connection with support or by email we will obviously
collect this information for the limited purpose of
responding to your communication or request. This
personally identifiable information, however, will
NOT be combined or associated with your anonymous
profile or other information.
What We Do With The Information
We Collect
The anonymous information we
collect from and about you and your computer is compiled
to create an anonymous user profile. We then link
this anonymous profile to a randomly assigned marker
that is tied to your computer. Again, this profile
is anonymous, we do not know who the user is and we
do not want to know. All we want to know is that the
user of this computer, based on the information we
have collected, is more or less likely to be interested
in certain promotions that our clients have asked
us to deliver to the people who use our Software.
We then attempt to link the anonymous user with the
products and services being offered by our clients
in their ads that the user might be interested in
learning more about. Our proprietary ad analysis and
serving technologies helps us provide you with access
to the ads we have available that are most likely
going to be relevant to you and that expand your choices
between the various competitive products and services
that are available in the marketplace (some of which
you may not have been aware of without seeing our
ads).
Who We Share Your Anonymous
Information With
We take the anonymous information
about you and our other Software users that we collect
and compile it into a variety of different categories.
We then take this aggregated and anonymous information
about our Software users and share it with our current
and potential clients (the sponsors of the ads you
see on your screen). Again, these clients and potential
clients never get any personally identifiable information
about you from us (we do not even have this information
to give them) or any single anonymous user profile,
everything disclosed is aggregated into groups of
users with specific yet anonymous characteristics.
If you end up responding to
an ad, purchasing a product or service or otherwise
communicating with one of our clients, however, we
have no control over what information you provide
them, how they use this information or what privacy
policies these companies may or may not have in place.
In addition, our content and advertising clients may
use cookies in the materials provided to you through
our service. The use of these cookies, the information
collect by the cookies and what is done with this
information is controlled by our clients, not BTS,
and is not governed by the terms of this Agreement.
If you have questions related to third party cookies
please contact the content or ad provider. We are
also not responsible for and have no control over
the quality, accuracy, timeliness, reliability or
any other aspect of any third party’s web site,
products and services. You release us from any damages
that you incur, and agree not to assert any claims
against us, arising from your purchase or use of any
products or services offered or made available by
third parties through any ads.
We also may use other companies
and contractors to perform certain services for us
related to our computers, Software, facilities, etc.
that may require us to give these contractors access
to the anonymous profiles and other information we
have collected. These outside contractors, however,
will only be allowed to use the information to perform
services on our behalf subject to the limitations
and requirements in this Agreement.
We will also disclose information in response to subpoenas,
legal process and court orders and as otherwise required
by law. We will also disclose information to establish
or exercise our legal rights or defend against and
investigate claims and other threats.
In addition, if we are acquired by or merged with
another company all of the anonymous information we
have collected, categorized and used will be transferred
as part of that transaction. We may also transfer
this information as part of a corporate reorganization
or restructuring to one of our affiliated companies
(but the use of your information by the affiliate
will remain subject to the terms of this Agreement).
How You Stop The Service And
Remove The Software
If you decide you no longer
want to receive ads or content from us all you need
to do is remove all of the Software from your computer
using the Add/Remove Programs menu in the Microsoft
Windows control panel. The program you need to remove
is named Surf Sidekick (more detailed removal instructions
are also provided below and on the www.SurfSidekick.com
web site if you have any problem removing the Software).
Security
We limit access to the information collected from
and about our Software users to employees (and sometimes
outside contractors as we described above) who we
believe reasonably need to access and use the information
to do their jobs subject to the limitations in this
Agreement. We also use reasonable physical, electronic,
and managerial procedures to protect the information
we collect but we cannot guaranty that these measures
will be effective.
Applicability
The data collection and use provisions in this Agreement
apply to all downloads of the Software distributed
under this Agreement.
Questions
If you have any questions or concerns about our privacy
practices you may contact us at support
LIMITED SOFTWARE LICENSE
BTS grants and you accept a
personal, nontransferable, nonexclusive, and nonassignable
license to access and download one copy of the Software
on one computer solely to enable you to receive our
ad serving service. This limited license is effective
until this Agreement is terminated for any reason.
Additional Restrictions
The limited license granted
to you in this Agreement is also restricted as follows:
1. You may use the Software
only for the sole purpose of participating in our
service as set forth in the limited license above.
Any other use of the Software is strictly prohibited
and shall constitute a material breach of this Agreement.
2. You may not copy or directly
or indirectly distribute the Software.
3. You may not reverse engineer,
decompile, dissemble, modify, or create works derivative
of the Software or BTS’s proprietary and confidential
advertising practices and methodologies.
4. You may not alter or modify
any disabling mechanism that may be resident in the
Software.
5. The Software is licensed
as a single product and its components may not be
separated for use on more than one computer.
6. This license imposes personal
obligations on you and the license granted under this
Agreement is not transferable for any purpose.
7. You may not assign, sublicense,
rent, timeshare, loan, lease, or otherwise transfer
the Software or directly or indirectly permit any
third party to use or copy the Software.
8. You may not use the Software
in any unlawful manner or for an unlawful purpose
or in violation of any contractual or other applicable
restriction that you are bound by.
Reservation of Rights
The Software is being licensed to you, not sold, and
your rights to the Software are limited to the rights
expressly granted to you in this Agreement. BTS retains
all right, title, and interest in the Software, all
copies thereof, and all proprietary rights in the
Software, including copyrights, patents, trademarks,
and trade secret rights. The Software is protected
by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.
Updates
BTS may in its sole discretion
make updates, fixes, upgrades, new functions and other
modifications or versions of the Software (Changes)
available to you in the future. You hereby consent
to receive these Changes automatically and consent
to having BTS or its agents install the Changes directly
onto your computer without any additional interaction
with BTS. This delivery process will take place in
the background and will not have any material impact
on your Internet usage. All Changes will be considered
Software and your right to use the Changes will be
governed by this Agreement. If you do not want the
Changes, you can remove the Software from your computer
by following the removal instructions set forth in
this Agreement and on the www.SurfSidekick.com web
site.
Disabling Mechanism
You acknowledge and agree that
the Software may contain a mechanism whereby BTS can
disable the Software and you agree that BTS may use
any such mechanism in the event of your breach of
this Agreement or if this Agreement is terminated
for any reason.
Termination and Removal
Without prejudice to any other
rights, BTS may immediately and without notice terminate
this Agreement and all rights granted hereunder for
any reason, including, without limitation, if you
fail to comply with any of the terms and conditions
of this Agreement. You may also terminate this Agreement
at any time by removing all copies of the Software
and its components from your computer system by going
to the Start Menu on your computer. From the Start
Menu select Settings and then select Control Panel.
To complete the removal, select the Add/Remove Programs
option from the Control Panel and locate and remove
the program named Surf Sidekick. After you remove
the Software from your computer we will not send you
any more ads or sponsored content but we will have
the ability to check in with your computer for another
30 days to confirm that the BTS Software has been
and remains uninstalled (this information is necessary
to allow us make appropriate payments to our business
affiliates and to help prevent fraud on our network).
If you have any questions regarding this removal process
please visit www.SurfSidekick.com.
Use in the United States
BTS has designed the Software
to be distributed and used in the United States. In
no event may you export the Software for any reason
or use the Software in any jurisdiction or country
where the use, transfer or possession of the Software
would be illegal or violate any applicable law, regulation
or restriction.
Restricted Rights
The Software and documentation
are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS or subparagraphs (a)
through (d) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, and in similar
clauses in the NASA FAR Supplement, as applicable.
Manufacturer is Blue Tide Software, 520 Washington
#113, Marina del Rey, CA 90292.
No Warranties
THE SOFTWARE AND SERVICE ARE
PROVIDED ON AN “AS AVAILABLE,” “AS
IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, BTS DISCLAIMS ALL WARRANTIES WITH
RESPECT TO THE SOFTWARE AND SERVICE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT,
TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. BTS DOES NOT WARRANT THAT THE SOFTWARE OR
SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION
OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICE
CAN OR WILL BE CORRECTED. FURTHER, BTS DOES NOT WARRANT
THAT THE SOFTWARE OR SERVICE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. BTS MAKES ABSOLUTELY NO
REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY
SOFTWARE OR CONTENT DISTRIBUTED OR MADE AVAILABLE
WITH OR BY USING THE SOFTWARE AND BTS EXPRESSLY DISCLAIMS
ANY WARRANTIES OR RESPONSIBILITY FOR THE CONTENT,
PERFORMANCE OR OPERATION OF ANY SUCH THIRD PARTY MATERIALS.
YOUR INSTALLATION, DOWNLOADING OR ANY OTHER USE OF
ANY THIRD PARTY MATERIALS IS COMPLETELY AT YOUR OWN
RISK.
Damages Limitation
IN NO EVENT SHALL BTS, ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND/OR
AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES, WHICH SHALL INCLUDE,
WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, ADVERTISING
INJURY, INFRINGEMENT, LOST PROFITS, LOST DATA, AND
BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE OR SERVICE, EVEN IF BTS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, BTS’s ENTIRE LIABILITY UNDER THIS AGREEMENT
FOR ANY DAMAGES THAT A COURT OF COMPETENT JURISDICTION
DETERMINES ARE DIRECT DAMAGES SHALL BE LIMITED TO
THE INITIAL FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend
and hold BTS and its officers, directors, shareholders,
agents, and affiliates harmless from and against any
and all third party claims of any kind (along with
attorney’s fees and litigation costs) arising
out of, resulting from, or in connection with your
breach of this Agreement or your use or misuse of
the Software OR service, including but not limited
to, claims for intellectual property infringement
or misappropriation, personal injury or property damage.
Confidential Information
The Software and the proprietary
BTS advertising system are BTS’s confidential
information and you shall not directly or directly
transfer or disclose this information to any other
person or party.
Governing Law
This Agreement is governed
by and shall be construed in accordance with the laws
of the State of California, U.S.A., as applied to
agreements entered into and wholly performed within
California between California residents. This Agreement
shall not be governed by the 1980 U.N. Convention
on Contracts for the International Sale of Goods.
Dispute Resolution
Except as set forth below,
any dispute arising out of or related to this Agreement,
the Software or the service shall be resolved by a
single arbitrator (appointed by the American Arbitration
Association) in an arbitration proceeding in accordance
with the rules of the American Arbitration Association
in Los Angeles, California U.S.A. The award of the
arbitrator shall be binding and may be entered in
any court of competent jurisdiction.
Nothing in this dispute resolution
provision shall limit BTS’s right to seek and
obtain equitable relief in any court or forum for
the breach of your confidentiality obligations or
the license contained in this Agreement.
Severability
If any provision of this Agreement
is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from
this Agreement, and shall not affect the validity
and enforceability of any remaining provisions.
No Waivers or Modifications
Any delay or failure on the
part of BTS to enforce any rights under this Agreement
to which it may be entitled shall not, in any event,
be construed as a waiver of the right and privilege
to do so at any subsequent time. This Agreement shall
not be modified except in a writing signed by BTS.
Merger
This Agreement constitutes
the entire understanding and agreement between you
and BTS relating to your rights to use the Software,
and supercedes all prior or contemporaneous oral or
written communications with respect to the same, all
of which are merged in this clause.
Outward Media End User License
Agreement ("Terms and Conditions"):
PLEASE READ THE OUTWARD MEDIA 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 APPLICATION
OF OUTWARD MEDIA, INCLUDING THE HYPER LINKER APPLICATION.
THESE Terms and Conditions MAY BE TERMINATED AT ANY
TIME BY REMOVING THE HYPER LINKER APPLICATION FROM
THE COMPUTER ON WHICH IT RESIDE USING THE ADD/REMOVE
PROGRAMS MENU IN THE MICROSOFT(r) WINDOWS(r) CONTROL
PANEL, AND DESTROYING ANY OTHER COPIES OF HYPER LINKER
THAT MAY HAVE BEEN MADE.
This service (the "Service") and the software
enabling the use thereof (the "Software"
or Hyper Linker) is currently provided as a free service
to any User thirteen (13) years of age or older (collectively
"User" or "Users") that agrees
to abide by these Terms and Conditions.
Downloading the Service means that you are at least
thirteen (13) years of age and accept and agree to
be bound by the Terms and Condition and to receive
the Service and the Software. From time to time Outward
media may update or transfer new versions of the Software
or Service, in whole or part. Your use of the updated
or new versions of the Software and/or subsequent
use of the Service is subject to these Terms and Conditions.
If you do not agree to abide by these terms, you may
not use the Service.
Outward media, Inc. is providing you a Service and
a Software that, when downloaded on your computer
system will notify you of offers, links and or information
that may be of interest to you, by adding an overlay
to text of Web sites you visit or byng new browser
windows with various offers, links and information.
Upon theng of any World Wide Web Page, the Software
scans the Web Page, marks on top of those pages words
and/or phrases with a blue underlines and or highlights,
for which there are associated Web sites, and creates
active links to such sites, or up new browser
windows with advertisements and various offers, links
and information. This highlighting and underlining,
and new browser windows that are clearly marked with
the OUTWARD MEDIA name and/or logo, or Hyper Linker
name/or logo, are not part of the Web page you are
on, but are overlays provided by the Service. When
you click on the marked word or phrase, or on the
new browser window 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 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.
What should you be aware of
while downloading software from OUTWARD MEDIA, through
third parties who distributes Hyper Linker software?
You have the right to (1) receive a clear notice from
the third party that distributes the Hyper Linker
Application or any other third party software, regarding
the installations or downloading of this software
including the software from OUTWARD MEDIA, as OUTWARD
MEDIA requests each of its third party partners that
distributes the Software from OUTWARD MEDIA to Internet
users, to display such notice to users before they
download or install the OUTWARD MEDIA applications,
including but not limited to, the Hyper Linker application;
and (2) Reject the installation of the third party
software including the Hyper Linker application that
is offered with it; and (3) If you refuse to download
the third party application, that includes software
from OUTWARD MEDIA, including but not limited to the
Hyper Linker application or if you uninstall the third
party software including the software from OUTWARD
MEDIA, it is the third party software responsibility
not to try to re install the third party application
and/or the application from OUTWARD MEDIA that it
distributes, as OUTWARD MEDIA forbids its third party
partners to install the applications from OUTWARD
MEDIA, including but not limited to the Hyper Linker
application, to users who reject the installation
or who uninstall the application.
These Terms and Conditions shall control in the event
of any inconsistency between these Terms and Conditions
and any prior OUTWARD MEDIA Inc. terms and conditions
agreed to.
D.
INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™ LICENSE
AGREEMENT
CAREFULLY READ THE FOLLOWING
LICENSE AGREEMENT. BY DOWNLOADING OR INSTALLING, REGISTERING
FOR, OR USING THE INTEGRATED SEARCH TECHNOLOGIES TOOLBAR™
SERVICE AND/OR SOFTWARE, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
DO NOT USE INTEGRATED SEARCH TECHNOLOGIES tOOLBAR™
SERVICES AND/OR SOFTWARE.
1. DESCRIPTION. The Integrated Search Technologies
toolbar™ will give you access to tools to improve
your internet searches via shortcuts and search tools.
It adds a discreet Integrated Search Technologies
toolbar™ on the top of your Internet Explorer
that will display links to internet tools and pages.
2. DEFINITIONS. "You"
means the person or company who is being licensed
to use the software and/or service. "We",
"us" means Integrated Search Technologies
or IST, "Software" means the Integrated
Search Technologies toolbar™ (or "IST toolbar™")
software owned by Integrated Search Technologies and
selected third party software, including any upgrades,
modified versions, updates, additions and copies of
the software. Services means providing the IST toolbar™
Software and upgrades.
3. LICENSE GRANT. We hereby
grant you a non-exclusive, non-transferable, limited
license to use one copy of the Software on the computer
which this license agreement was accepted on subject
to terms and conditions set forth below. The Software
is "in use" on a computer when it is loaded
into temporary memory (RAM) or installed into the
permanent memory of a computer--for example, a hard
disk, CD-ROM or other storage device.
4. TITLE. This license is not
a sale. We remain the owner of all right, title and
interest in the Software.
5. ARCHIVAL OR BACKUP COPIES.
You may not keep back up copies of this Software.
6. THINGS YOU MAY NOT DO. Canada
and United States copyright laws and international
treaties protect the Software. You must treat the
Software like any other copyrighted material for example
a book. You may not: copy the Software in any form,
modify or adapt the Software or merge it into another
program, reverse engineer, disassemble, decompile
or make any attempt to discover the source code of
this Software, place the Software onto a server so
that it is accessible via a public network such as
the Internet, or sublicense, rent, lease, distribute
or lend any portion of the Software or related documentation.
You agree to not use the Service
to:
a) harm minors in any way;
b) impersonate, or falsely
state or otherwise misrepresent your affiliation with,
any person or entity, including, but not limited to,
an IST official or affiliate;
c) interfere with or disrupt
the Service or another person's use of the Service
or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
d) violate any applicable law,
statute, regulation, rule or code, including, but
not limited to, rules and codes regarding online conduct.
7. LIMITED WARRANTY. Use of
Integrated Search Technologies Software and/or Service
is at your own risk. Integrated Search Technologies
provides the Software on an "as is", "where
is" basis without warranty of any kind, either
express, implied or statutory. To the extent permitted
by applicable law, THE FOREGOING LIMITED WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED
WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE
KNOW OR HAD REASON TO KNOW OF YOUR PARTICULAR NEEDS.
IN NO EVENT SHALL INTEGRATED SEARCH TECHNOLOGIES BE
LIABLE TO ANYONE FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES,
ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION
USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR
SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED
THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE
OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION
ANY RISK OF THE INTRODUCTION OF ANY FORM OF INVASIVE
COMPUTER PROGRAM, INVASION OF PRIVACY AND ANY RISK
ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED
IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE
SERVICE. YOU ASSUME THE ENTIRE RISK FOR THE ACCURACY,
ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND
QUALITY OF ANY INFORMATION.
NO EMPLOYEE, AGENT, DEALER, AFFILIATE OR DISTRIBUTOR
OF OURS IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY,
OR TO MAKE ANY ADDITIONAL WARRANTIES. SOME STATES
OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE OR OTHER JURISDICTIONS, PROVINCES
OR TERRITORY.
You agree to indemnify and
hold us, and our licensors, suppliers, vendors, parent,
holding, subsidiary and related companies, affiliates,
officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including
reasonable legal fees, made by any third party due
to or arising out of your misuse of the Service, your
connection to the Service, your violation of this
agreement, your violation of any rights of any other
person, or your breach of any applicable law.
8. LIMITED REMEDY. INTEGRATED
SEARCH TECHNOLOGIES LIABILITY TO YOU OR ANY THIRD
PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
CONTRACTUAL, EXTRA-CONTRACTUAL (INCLUDING NEGLIGENCE),
OR OTHERWISE WILL NOT EXCEED $1 (ONE DOLLAR) OR THE
FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE, WHICHEVER
IS GREATER. IN NO EVENT WILL WE BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE
THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF THESE DAMAGES. YOU EXPRESSLY RELEASE
AND INDEMNIFY INTEGRATED SEARCH TECHNOLOGIES, IT’S
EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, PARTNERS,
ADVERTISERS, BOARD OF DIRECTORS FROM ANY AND ALL CLAIMS,
DEMANDS OR CAUSES OF ACTION BOTH KNOWN AND UNKNOWN
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE
AND/OR SERVICE. SOME STATES OR OTHER JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF OUR LIMITED WARRANTY
AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE OR
TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL
LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT OR
OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID
BY YOU FOR THE SOFTWARE LICENSED HEREUNDER.
9. OTHER SOFTWARE. You allow
that third party software may be installed in the
Software and the Integrated Search Technologies shall
not be liable to anyone with respect to such third
party software.
10. LINKS. The Service may
include links to third parties websites. We have no
control of the websites that are linked with the Service
and we are not responsible for their content nor do
we endorse the material contained in such websites.
Access to such website is at your own discretion and
risk.
11. TERM AND TERMINATION. This
license agreement takes effect upon your use of the
Software and remains effective until terminated. You
may terminate it at any time by destroying the Software
in your possession. You agree on termination of this
license to destroy all copies of the Software in your
possession. You may uninstall the Software by following
the instructions available on Integrated Search Technologies‘
web site at http://www.slotchbar.com/remove.html.
12. TERRITORY. The rights granted
to you herein are woldwide and apply to you wherever
you are located or from whatever location you are
accessing the Software or Service.
13. CONFIDENTIALITY. The Software
contains trade secrets and proprietary know-how that
belong to us or to third parties and it is made available
to you in strict confidence. ANY USE OR DISCLOSURE
OF THE SOFTWARE, OR OF THE THIRD PARTY SOFTWARE, OR
OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER
THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT,
MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET
RIGHTS AND INTELLECTUAL PROPERTY LAWS.
14. PERSONS 17 YEARS OLD AND
UNDER. If you are younger than 18 years old, you are
prohibited from downloading, registering, or using
the Service. By using the Service, you warrant to
Integrated Search Technologies that you are at least
the age of 18 or that you are not a "minor"
as this term is defined in the jurisdiction where
you are domiciled.
15. CONSENT OF USE. You agree
and, it is your sole responsibility, to inform all
users of computer that you have caused the Software
to reside, that you will obtain their consent to this
agreement before allowing them to use the computer
to connect to the internet. You understand and acknowledge
that by using the Service, you may be exposed to content
that is offensive, indecent or objectionable. You
will make personal use only of such content.
16. UPDATES. You grant Integrated
Search Technologies permission to add/remove features
and/or functions to the existing Software and/or Service,
or to install new applications or third party software,
at any time, in its sole discretion with or without
your knowledge and/or interaction. By doing so, you
agree to the terms of the new applications. You also
grant Integrated Search Technologies permission to
make any changes to the Software and/or Service provided
at any time.
For BullsEye license agreement,
CLICK HERE
For ShopAtHomeSelect license
agreement, CLICK HERE
For Internet Optimizer license
agreement, CLICK HERE
For 180search Assistant license
agreement :
" By accepting this agreement you also accept
the terms and conditions of the 180search Assistant
End User License agreement and privacy statement located
at http://www.180searchassistant.com/eula.aspx. 180search
Assistant is a permission-based search assistant application
that provides access to a wide range of websites,
applications and information. 180search Assistant
will periodically direct you to our sponsors' websites,
allowing you to compare products, services, and prices
between websites. 180search Assistant will collect
information that will be used to identify you personally.
The information that 180search Assistant collects
and transmits will be used to provide you with access
to comparative shopping opportunities at times when
we consider them most revelant. 180search Assistant
can be uninstalled at any time by going to the “Add/Remove
Programs” menu on your computer and clicking
the “Remove” button next to the entry for
Uninstall 180search Assistant. To learn more about
the 180search Assistant, please visit the 180search
Assistant website at www.180searchassistant.com or
CLICK HERE
17. SERVER INTERACTION. You understand and accept
that when the Software is installed, it periodically
communicates with a server operated by Integrated
Search Technologies and/or third party servers.
18. INFORMATION COLLECTION.
You understand and grant Integrated Search Technologies
permission to assign each copy of the Software an
unique software identity code. You also grant Integrated
Search Technologies permission to collect and store
information of your internet usage habit, including
but not limited to information about every web page
you view with the full Uniform Resource Locators,
and the content of web page. You understand and accept
that Uniform Resource Locators and the content of
web pages you view may include your personally identifiable
information. You grant Integrated Search Technologies
permission to collect and store information on which
IST toolbar™ buttons you click on, your response
to advertising, the search terms you entered on the
IST toolbar™ and/or all other information relates
to your internet usage habit. Integrated Search Technologies
may at times ask you for your personally identifiable
information, such as name, address, email address,
zip code, telephone number. You hereby grant Integrated
Search Technologies permission to distribute your
non personally identifiable information to our partners,
agents, and/or any third party in Integrated Search
Technologies’ sole discretion.
19. ARBITRATION. Any claim
or controversy arising out of or related to this Agreement,
or the products or services we provide and/or distribute
shall be settled by binding arbitration in accordance
with the rules of the The Quebec National and International
Commercial Arbitration Centre. Any such claim or controversy
shall be arbitrated on an individual basis and shall
not be consolidated with a claim of any other party.
You agree to pay any/all direct and/or indirect costs
arising out or related to the claim and/or controversy,
including but not limited to legal costs, transportation,
accommodation, telephone calls. The foregoing shall
not preclude Integrated Search Technologies from seeking
any injunctive relief for protection of Integrated
Search Technologies, intellectual property rights.
20. ADVERTISEMENT APPLICATION.
You grant Integrated Search Technologies permission
to install an advertisement application licensed to
it from a third party. The purpose of the advertisement
application is to display an advertisement a limited
number of times at a specified time interval; the
advertisement application will provide you the opportunity
to install software onto your computer and will be
automatically uninstalled after its operation is complete.
You are granted a personal, non-commercial license
to use this software, under the same terms and conditions
that apply to Integrated Search Technologies software.
The IST toolbar™ Software does not track user
data or clickstream data, does not compile a users
database nor engage in user profiling. User information
is not transferred to our server thus preventing software
into your computer. However, we cannot control third
party software which may be installed in the IST toolbar™.
21. GENERAL PROVISIONS. a).
This written license agreement is the exclusive agreement
between you and us concerning the Software and service
and supersedes any and all prior oral or written agreements,
negotiations or other dealings between us concerning
the Software. b). Integrated Search Technologies reserves
the right to modify this license agreement at anytime
without notification. You agree that your continued
use of the Software and/or Service following any changes
to this agreement and after the changes take effect
will constitute your acceptance of such changes. c).
This license agreement is governed by the laws of
the province of Quebec, Canada. The United Nations
Convention on Contracts for the Sale of Goods does
not apply to this Agreement. d). You agree that the
Software will not be shipped, transferred or exported
into any country or used in any manner prohibited
by Canadian Export laws or any other export laws,
restrictions or regulations. e) If any provisions
of this Agreement shall be deemed unlawful, void,
or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability
of any remaining provisions. f). Integrated Search
Technologies’ failure to enforce the strict performance
of any provision of this Agreement will not constitute
a waiver of Integrated Search Technologies’ right
to subsequently enforce such provisions or any other
provisions of this Agreement. No waiver of any provision
of this Agreement shall be effective unless in writing.
g). Any rights not expressly granted herein are reserved.
22. NOTICE TO USER : The downloading,
installation and use of this software provided by
Targetsaver Inc. ("Publisher") is subject
to the terms and conditions set forth in this license
agreement (the "LICENSE AGREEMENT"). By
downloading, installing or using this software, you
indicate your acceptance of the terms and conditions
set forth herein. You may view the full LICENSE AGREEMENT
at http://www.targetsaver.com/eula.html.
Publisher:
Factorygames.
EMail: freegames
