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1 WEATHERBUG END USER LICENSE AGREEMENT
3 UPDATED: JUNE 3, 2005
5 CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT.
7 Please read the following terms and conditions before using the WeatherBug, WeatherBug Alert, and WeatherBug Plus software (the "Software") provided by AWS Convergence Technologies, Inc. ("AWS") for use as stand-alone products or in conjunction with AWS websites and related services (the "Services"). If you do not agree with these terms, do not install or use the Software.
9 If you have chosen to install the WeatherBug Browser Bar, powered by MyWebSearch, a program made available by Ask Jeeves, Inc. please also read that (separate) License Agreement, which is appended to the end of this Agreement.
11 THIS SOFTWARE IS ADVERTISING AND SPONSOR SUPPORTED. The Software is provided for your use, as described below, free of charge, (unless you have activated the WeatherBug Plus features by purchasing a subscription to that service), and is supported by advertising and sponsorship revenue. Periodically, you may be asked to select a sponsor for a particular session of WeatherBug use. If you decide to select a sponsor in this instance, you will be presented with that sponsor's marketing message through banner advertisements and/or a visit to a page on the sponsor's website. Advertisements will generally be displayed within the frame of the WeatherBug application. Moreover, we may deliver topical weather reports and news and information from our weather experts in separate browser windows that may have advertisements as well. You will ONLY be shown advertisements from the Software when the Software is actively displaying weather information in a window on your screen.
13 PRIVACY STATEMENT. For information concerning our information collection and management practices, please see our Privacy Policy.
15 You understand and agree that in order to make our services functional and robust, the Software may communicate with our servers. THE SOFTWARE DOES NOT MONITOR OR REPORT BACK TO AWS ANY INFORMATION ABOUT WHERE YOU ARE SURFING OR WHAT YOU DO ON ANY WEBSITES. The Software communicates only in connection with providing our Services or in connection with updates. You hereby consent to such communications. If you wish to withdraw your consent to this communication, please uninstall our Software. You may find uninstall instructions here: http://www.weatherbug.com/aws/support/60faq_uninstall.htm
17 CONSENT TO INSTALLATION AND RIGHT TO UNINSTALL. You understand that you may uninstall any of our Software at any time by using the Windows add/remove programs function. However, by uninstalling the Software, you will be unable to access our Services.
19 You understand and agree that installation of the Software permits the downloading to your computer by AWS of software which allows us to update the Software for the purpose of fixing product defects, enhancing the weather warning, alerting or other functionality, or providing enhancements to improve your interaction with the Software, and that such updates may occur without notice to you. You agree to accept all such updates and agree that they are and shall be governed by this Agreement unless superseded by a successor agreement as described in paragraph 12 below.
21 1. LICENSE GRANT. AWS grants to you a non-exclusive license to use the Software as described below.
23 * You may:
24 1.1.1 use the Software on any single computer for personal, non-commercial use unless otherwise agreed to in writing by AWS;
25 1.1.2 copy the free version of the Software only, without modification for distribution to third parties free of charge; and
26 1.1.3 copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
27 * You may not:
28 1.2.1 permit other individuals to use the Software except under the terms listed herein;
29 1.2.2 permit concurrent use of the Software;
30 1.2.3 modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
31 1.2.4 copy the Software other than as specified above;
32 1.2.5 rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software;
33 1.2.6 remove any proprietary notices or labels on the Software.
34 1.2.7 compile and/or re-distribute the digital images, videos, graphic elements, articles, content and/or weather data, historical or current, for any purpose other than private or educational use. As used herein, "educational use" shall mean use by a school or educational facility solely for the purpose of educating the students enrolled therein.
36 2. "AS IS" WARRANTY.
38 2.1 THE SOFTWARE AND THE SERVICES 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.
40 2.2 More specifically, AWS does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. AWS does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. AWS does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk as to the use, quality and performance of the Software and the Services.
42 2.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
44 3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the data displayed by the Software, and the Services shall remain in AWS and/or its licensors. The data, Software and Services are protected by various copyright laws and treaties. Title and related rights in the data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to such content.
46 4. TERMINATION. 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.
48 5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING.
50 6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
52 7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). AWS and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.
54 8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR51.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is AWS, Inc., 12410 Milestone Center Drive, Suite 300, Germantown, Maryland 20876
55 .
57 9. THIRD-PARTY SOFTWARE. Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software.
59 10. WEATHERBUG PLUS subscription services (terms and conditions below) are free of third-party advertisements and include enhanced and customizable features that the advertising-supported version does not include.
61 ADVERTISING FREE-WEATHERBUG PLUS SUBSCRIPTION SERVICES. The software is provided for your use, as described above, advertising-free for an annual subscription fee.
63 PLEASE READ THE FOLLOWING WEATHERBUG PLUS SUBSCRIPTION POLICIES AND PROCEDURES CAREFULLY. BY SUBSCRIBING TO THIS PRODUCT AND/OR CLICKING ON "ACCEPT" BELOW, YOU ARE AGREEING TO THESE TERMS.
65 Pricing Policy
66 *If you have downloaded the product, a subscription charge of $19.95 for a 12-month subscription will be charged to Visa, MasterCard, or American Express. This fee includes an annual processing and billing fee of $3.75.
68 *Allow up to 24 hours after the subscription process is completed for WeatherBug Plus subscription services to become available.
70 Subscription Initiation/Personal Activation Code-
71 *Upon subscription and credit card verification new subscribers will receive an introductory email with a billing summary and Personal Activation Code. It will be necessary to reference the Personal Activation Code in all correspondence relating to WeatherBug Plus billing and technical issues.
73 *Personal Activation Codes are sent to subscribers of WeatherBug Plus. Subscribers may activate a WeatherBug Plus subscription on up to two computers using the Personal Activation Code that is sent in the introductory email. In both cases the subscriber must be the primary user of the computer.
75 *NOTE: Keep Personal Activation Codes secure from unauthorized access. Unauthorized use of Personal Activation Code will deactivate WeatherBug Plus features. To report fraudulent use, email us at subscriptions@weatherbugsupport.com.
77 Renewal Policy
78 *WeatherBug Plus subscriptions that were initiated through a downloaded product will renew automatically on the anniversary of each 12-month subscription period. At renewal the subscriber's credit card that was originally used to order a subscription is charged for the next 12-month term. Disruption or termination of subscription services will occur if charges are not received due to a closed or invalid credit card. If for any reason subscriber's credit card is rejected subscriber may receive an email, requesting a valid credit card number to continue their WeatherBug Plus subscription.
81 Refund Policy and Procedures-
82 *30 Day Risk Free Policy-Within the first 30 days of any 12-month subscription period the subscriber may request, and will be granted, a refund for the entire WeatherBug Plus annual subscription fee of $19.95 (includes annual processing and billing fee of $3.75).
84 *Under no circumstances will refunds be granted for any prior 12-month subscription period or for the remainder of the days within the calendar month in which a refund is requested (unless requested in first 30 days of subscription). All refunds will be credited to the original credit card used when subscribing to WeatherBug Plus. To request a refund subscribers should email refund@weatherbugsupport.com and request a refund by including their Name, Address, Phone, Email, and Activation Code.
86 Credit Card Liability
87 *Paymentech administers WeatherBug Plus credit card authorization and charges. WeatherBug and/or AWS Convergence Technologies, Inc are not responsible for any unauthorized use of credit card information by Paymentech personnel.
89 11. AMENDMENT. AWS may, in its sole discretion, change, modify, add or remove portions of this license at any time. AWS may notify you of any such changes by posting notice of such changes on the WeatherBug website(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Service 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 and the Services.
91 12. MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Maryland law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
93 End User License Agreement for Wireless Communication Devices
95 IMPORTANT - READ CAREFULLY BEFORE ACCESSING, DOWLOADING, OR USING SOFTWARE OR DATA (EACH AS DEFINED BELOW) : By accessing, downloading, or using the WeatherBug ("WeatherBug") WAP 2.0, Mobile Alerts (SMS), Java (J2ME), Smartphone or subsequent Application(s) for wireless communications devices (the "Software") and/or any WeatherBug Data and other content accessed therewith accessed by wireless communications devices (the "Data"), you ("YOU") agree to be and are hereby bound by the terms and conditions of this End User License Agreement (this "Agreement"). If applicable, You must also agree to certain terms and conditions relating to Your subscription to the Software and Data, as may be required by third parties acting on behalf of WeatherBug (the "Third Party Subscription Terms"). If You does not agree to the terms and conditions of this Agreement (and the Third Party Subscription Terms, if applicable), You should not access, receive, download, sync, use or possess the Software and/or Data and must immediately destroy any and all copies of the Software and Data and/or Content made by You.
97 1. Grant of license. WeatherBug hereby grants to You a non-exclusive license to use the Software and/or Data subject to the following terms:
99 You may: (a) install the Software on one wireless communications device (and use the Software and Data for personal, non-commercial purposes only; (b) access the Software and Data via wireless communications device; (c) view the Software and Data on the screen of such wireless communications device;
101 You may not use, or permit other individuals or entities to use, the Software and Data except under the terms expressly listed above. Without limiting the foregoing sentence, You shall not permit any other individual or entity to: (a) use the Software and Data for service bureau, time-sharing or other similar purposes; (b) use the Software and Data following expiration or termination of the applicable subscription period; (c) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software and Data (d) copy the Software and Data (except as permitted above); (e) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software and Data; and (f) remove any proprietary notices or labels on or relating to the Software and Data. You acknowledges that WeatherBug has the right to remove listings, restrict access, terminate and otherwise modify the services provided by WeatherBug for any reason, including but not limited to a breach of any of the terms of this Agreement or the Third Party Subscription Terms if applicable.
103 2. Enhancements and Updates. This license does not grant You any right to any enhancement or update of the Software and Data and any other licensed material contemplated by this Agreement.
105 3. Protection of Intellectual Property Rights. WeatherBug and/or its suppliers and licensors retains all rights, title and interest, including without limitation, rights of trademark and copyright in the Software and Data, the trademark WeatherBug and WeatherBug.com; any other trademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietary products owned by WeatherBug. The Data and all rights thereto, are the property of WeatherBug and are protected by applicable copyright or other law. This license gives You no rights to such Content or Data. You shall not claim any rights including without limitation, trademark or copyrights in any Software or Data.
107 4. Termination. This Agreement shall terminate automatically if You fail to comply with any of the terms and conditions described in this Agreement. No notice shall be required from WeatherBug to effectuate such termination. In addition, WeatherBug may terminate this Agreement immediately for any breach by You of the Third Party Subscription Terms, if applicable. On termination, You must promptly destroy any and all copies of the Software and Data and/or Content. In the event of any termination by WeatherBug pursuant to this Section, You shall not be entitled to any refund of pre-paid subscription fees.
109 5. DISCLAIMERS. YOU ACCESS AND USE OUR SOFTWARE AND DATA AND ANY OTHER CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE SOFTWARE AND DATA 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, 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 THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN ADDITION, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR AFFIRMATIONS THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS THE REPORTS, FORECASTS, DATA, OR INFORMATION STATE, REPRESENT OR DEPICT AND IT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, OR OMISSION FOR WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING OR OCCURRED. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
111 6. WAIVER OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEATHERBUG OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THE AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF.
113 7. Governing Law & Jurisdiction. The parties agree to submit to the Maryland Courts only, for any dispute arising out of this Agreement or related thereto, and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Maryland law and this paragraph shall supersede any conflicting choice of law rules.
115 8. Severability. In the event any term of this Agreement is found by any Court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of its execution as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
117 9. Export Restrictions. You acknowledges that the software, data and other underlying information or technology licensed hereunder is subject to the export control laws and regulations of the U.S.A. , and any amendment thereof. You acknowledges that no software, data and other underlying information or technology licensed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
119 10. Entire Agreement. This Agreement represents the entire agreement of the parties hereto related to the subject matter hereof and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Agreement are of no force and effect. This Agreement may be modified only in writing, any such modification being signed by both parties.
121 11. Waiver. Any waiver hereunder must be made in writing, and failure at any time to require the other party's performance of any obligation under this Agreement will not affect the right subsequently to require performance of the obligation.
123 12. Assignment. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or delegated by You, to any other person or entity without the prior express written consent of WeatherBug.
125 13. Events Beyond WeatherBug's Control. WeatherBug shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including without limitation, third party transmission intermediaries to perform, continue or renew their contractual arrangements with WeatherBug, nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of WeatherBug. The unavailability of Software of Data from WeatherBug's source suppliers shall not be considered a disruption of services and shall not affect the obligations of You hereunder.
126 WeatherBug Browser Bar, powered by MyWebSearch License Agreement:
128 END USER LICENSE AGREEMENT/PRIVACY POLICY/TERMS OF SERVICES FOR MYWEBSEARCH BY ASK JEEVES, INC.
130 IMPORTANT -- PLEASE READ CAREFULLY
132 SHORT PLAIN ENGLISH SUMMARY OF END USER LICENSE
134 This is a legal contract between you and Ask Jeeves, Inc. You must agree to this contract and abide by its terms in order to download and use MyWebSearch. You must be 18 years of age in order to agree to this contract. IF YOU ARE NOT YET 18, YOU MUST ASK YOUR PARENT OR GUARDIAN TO DOWNLOAD MYWEBSEARCH FOR YOU.
136 By agreeing to this contract, software with the following features will be placed onto your computer:
138 SEARCH BOX: This is a toolbar that will help you search the Internet using various search engines.
140 In addition, an Easy Installer will be downloaded to install this software. It is automatically deleted the first time you turn off your computer after installation of the above-described products.
142 THIS PRODUCT AND ALL THE FEATURES CONTAINED IN IT ARE FREE.
144 NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED.
146 NEITHER THIS PRODUCT NOR ANY OF THE FEATURES CONTAINED THEREIN ARE SPYWARE OR ADWARE. THEY WILL NOT WATCH HOW YOU USE YOUR COMPUTER. THEY WILL NOT DELIVER POP-UP ADS.
148 THIS PRODUCT CAN BE EASILY UNINSTALLED IF YOU LATER DECIDE YOU DO NOT WANT IT. If you want to uninstall this product, click on the "Start" button; then click on the "Settings" button, then click on the "Control Panel" button, then click on the "Add or Remove Programs" button, then look for MyWebSearch, and click on the "Change/Remove" button.
150 WHAT FOLLOWS NOW IS THE END USER LICENSE AGREEMENT WHICH IS THE FORMAL CONTRACT DESCRIBED ABOVE THAT OUR LAWYERS MAKE US INCLUDE.
152 1. License Grant
154 Subject to the terms and conditions of this Agreement, Ask Jeeves, Inc. ("ASK JEEVES") and its parent and subsidiary companies (collectively, "Licensor", "we", "us" or "our") grant you a non-exclusive, revocable, limited license, to (a) download and install the most current generally available version of the Software (including all updates thereto), and (b) use the Software you download and install solely for your personal, non-commercial purposes.
156 2. License Conditions
158 You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Software, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Software in any way. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain the sole property of Licensor. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Software at any time, and we may at any time suspend or terminate any license hereunder and disable the Software or any of its component features.
160 We reserve the right to add additional features or functions to the existing Software. When installed on your computer, the Software periodically communicates with our servers. We may require the updating of the Software on your computer when we release a new version of the Software, or when we make new features available. This update may occur automatically or through other means and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current END USER LICENSE AGREEMENT/TERMS OF SERVICE/PRIVACY POLICY before you will be permitted a limited license for any subsequent versions of the Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Software.
162 3. Ownership
164 You acknowledge and agree that the Software is licensed, not sold to you by Licensor. You acknowledge that the Software, including all code, content, protocols, software, and documentation provided to you by Licensor in conjunction with the Software or our services are Licensor's property or the property of Licensor's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Software. All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors.
166 4. Content and Infringement
168 You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through the Software or our services, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Software, such as by clicking through to a third-party website by following a search results link, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the Software.
170 We are not responsible for any Content such as audio, video, text or any other, files owned by users of the Software. The Software is exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Software, and any information you download or offer to share by means of the Software, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.
172 In addition, all Content made available or accessed through the Software is the property of the applicable Content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such Content.
174 Licensor respects and expects its users to respect the rights of copyright holders. On notice, Licensor will act appropriately to remove Content under our control that infringes the copyright rights of others. Licensor reserves the right to disable the access to the Software and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyright rights, please follow our Notice and Procedure for Making Claims of Copyright Infringement contained in Section 17 below, for the website from which the Software was downloaded (the "Website").
176 5. Installation, Operation and Removal.
178 UPON INSTALLATION OF THE FUN WEB PRODUCTS/MYWEBSEARCH PRODUCT, THE FOLLOWING FEATURES WILL BE ADDED TO YOUR BROWSER:
180 SEARCH BOX will: add a toolbar to your Internet browser. The browser toolbar is customizable and will provide you with easy access to search results from several of the best search engines on the Internet.
182 THE SOFTWARE (INCLUDING ALL FEATURES) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL, WHERE IT IS LISTED AS "MY WEB SEARCH BROWSER."
184 The Software does not collect any personal information about you (such as your name, email address, etc.). Further, the Software does not: (a) collect or report back to us any information about sites you visit on the Internet; (b) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to Licensor any data regarding your computer keystrokes or other data unrelated to the services the Software provides.
186 The Software, in the course of processing a given search query, sends a request to our servers. This request includes the keyword query, time of day, browser type, default language setting, IP address, an anonymous unique ID, and a code which identifies the distribution source of the Software used by you to conduct your search. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords.
188 Importantly, all information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about search activity is evaluated only on an aggregated basis (excepted in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order, or to protect someone's safety.
190 The Software also uses "cookies". We do this for two reasons. First, we use the cookies to store a code designating a distribution source for the Software. This information allows us to properly distinguish Software for purposes of compensating third parties who distribute our product and to analyze retention and usage on an aggregated basis. Second, the Software uses cookies to store user preferences. For example, we use a cookie to record which search engine you have selected as your default provider. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information to third parties, except as required by a valid legal process such as a search warrant, subpoena, statute, or court order or to protect someone's safety.
192 The Software also sends a configuration request when you start your browser. This request is approximately 5k in size and includes only anonymous data such as IP address, browser type, and information about the specific release date and distribution source of your Software, as outlined above. Again, all of this information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences and providing us with data on an aggregated basis relating to retention, usage, and monetization.
194 If you wish to withdraw your consent to the communication and data usage as described herein, you should uninstall the Software from your computer. You may uninstall or remove the Software at any time by following the instructions on the Website, or using the Windows add/remove programs function to remove the Software. Each of the Software's component features can be hidden or deactivated using the dropdown menu on the toolbar which the Software installs in your Internet browser.
196 6. Privacy Policy
198 This privacy policy applies to the Software and each of the related web sites (the "Web Sites") maintained by ASK JEEVES ("we" or "us"). In the event of any inconsistency between this privacy policy and a policy listed on one of the other Web Sites, this policy shall control.
200 We do not collect any personally identifiable information (such as names or email addresses) about users of the Software or the Web Sites ("you"). We do not sell, rent or trade any personally identifiable information you provide when using the Software or the Web Sites.
202 If you choose to provide us with an email address, we will not send an email to you unless you specifically request an email response to a customer service inquiry or contact is required in order to protect someone's safety or to enforce our Terms of Service. You are not required to provide an email address to use the Software or the Web Sites.
204 When you visit the Web Sites, we may place a small text file - called a "cookie" - on your computer that allows us to identify your Web browser. We use cookies to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have specifically provided such information when using the Web Sites or the Software.
206 We also capture your source IP address which is a standard practice for most internet sites. We in no way associate your IP address with any cookies and do not use your IP address in conjunction with any personally identifiable information.
208 If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relating to a Web Site or the Software are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service.
210 We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement.
212 7. Your Obligations
214 You represent and warrant that you are either the owner or an authorized user of the computer where the Software is installed. No registration is required to use the Software. However, if you elect to provide any information in connection with the use of any other services Licensor offers, you agree to provide and to maintain fully accurate, complete and current information. If Licensor has reasonable grounds to suspect that such information is inaccurate, not current or not complete, Licensor has the right to suspend or terminate your use of the Software or our services, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Licensor services and Software. You agree not to use the Software or any other services provided by Licensor to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.
216 8. Access and Interference; Passwords
218 You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Software, services or content, except to remove our Software from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
220 In order to access certain services which may from time to time be offered by Licensor, you may be required to accept additional terms and conditions and/or, establish an account including an unique identification code or name (an "ID") and password (a "Password"). You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
222 9. Submissions
224 If at our request you send content (e.g., postings, contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of ASK JEEVES. None of the Submissions shall be subject to any obligation of confidence on the part of ASK JEEVES, and ASK JEEVES shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, ASK JEEVES shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
226 10. Links and Search Results
228 The Software may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
230 11. Disclaimer of Warranty
232 YOUR ACCESS AND USE OF THE SOFTWARE AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SOFTWARE, SERVICES OR ON OUR WEBSITES AT YOUR SOLE RISK.
234 WE PROVIDE THE SOFTWARE 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.
236 WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR SOFTWARE OR OUR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
238 NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, 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 SOFTWARE OR LICENSOR'S SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, (B) THAT THE SOFTWARE OR LICENSOR'S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE SOFTWARE OR THE SERVICES WILL BE CORRECTED, OR (D) THAT WE WILL RECOGNIZE ANY OCCURRENCE OF IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE SOFTWARE OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
240 ASK JEEVES MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
242 PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM ASK JEEVES PERSONNEL OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
244 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
246 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
248 12. Termination
250 You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control.
252 We may terminate this Agreement or your account (or any part thereof), disable the Software or cease providing any service at any time in our sole discretion. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Software.
254 13. Limitation of Liability
256 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL LICENSOR OR ITS 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, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO: (i) YOUR USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, SERVICES OR SOFTWARE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.)
258 SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN THE PROTECTED PARTIES' AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SOFTWARE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY LICENSOR PER YOUR USE OF THE SOFTWARE PER MONTH AS CALCULATED BY LICENSOR BASED ON THE SUE OF THE SOFTWARE (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY LICENSOR) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN A SOFTWARE USER. THE 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 BASED UPON: (A) ANY METHOD OR PROCESS IN WHICH THE SOFTWARE MAY BE USED BY YOU; (B) ANY RESULTS OF USING THE SOFTWARE; (C) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF THE SOFTWARE; OR (D) THE COMBINATION, OPERATION OR USE OF THE SOFTWARE WITH THIRD PARTY PROGRAMS OR DATA.
260 BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
262 14. Indemnification
264 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ASK JEEVES, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY ASK JEEVES OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
266 15. Export Controls
268 The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) 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 Software, you agree 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.
270 16. Notice to Government End Users
272 Any Software, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. 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 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.
274 17. Notice and Procedure for Making Claims of Copyright Infringement
276 ASK JEEVES respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
278 * an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
279 * a description of the copyrighted work that you claim has been infringed;
280 * a description of where the material that you claim is infringing is located on the site;
281 * your address, telephone number, and email address;
282 * a statement by you that you have a good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
283 * a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
285 Please contact ASK JEEVES' Copyright Agent for Notice of claims of copyright infringement as follows:
287 Annie Cappeller c/o ASK JEEVES, Inc. (My Web Search Product) P.O. Box 228 Irvington, N.Y. 10533 914-591-0204 copyright@help.mywebsearch.com.
289 18. Applicable Law
291 The substantive laws of the State of California in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) any or all of the services or the Software. Subject to the dispute resolution procedures set forth below, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in San Francisco County, California, with respect to all matters arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Licensor service, the Software, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
293 19. Arbitration
295 Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude Licensor from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in San Francisco, California or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confident the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any party's right to appear or to seek modification of ruling by the arbitrators is strictly limited.
297 20. Successor Agreements
299 The terms of this Agreement may change from time to time. You should check back at the Website regularly to determine if any material changes have been made. We will prominently post material changes on the Website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement. You agree that your continued use of the Software or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must remove the Software from your computer and cease all access to and use of your services hereunder.
301 21. Other Agreements
303 If you have executed another license agreement with us with respect to this Software, then notwithstanding any other term in this Agreement the terms of that license agreement shall control your use of the Software.
305 22. General
307 This Agreement, as modified from time to time as described above, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Software or our services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Software and our services. You shall not thereby be entitled to any refund or credit. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by Licensor or act as estoppel against later enforcement. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of Licensor. Licensor shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of its services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of Licensor. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-4, 7-14 and 17 of this Agreement will survive any cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
309 The Software and the services are not intended for use by or availability to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND YOU MAY NOT ACCESS LICENSOR SERVICES OR WEBSITES.
311 23. Customer Concerns
313 If you have any questions about this Agreement or the Software, feel free to contact us at: eula@help.mywebsearch.com.
315 Effective Date: June 1, 2005
317 © 2005 ASK JEEVES, Inc. All rights reserved.
319 WEATHERBUG WEB WIDGET USER LICENSE AGREEMENT
321 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEATHERBUG WEB WIDGET SERVICE. BY USING THIS SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SERVICE.
323 General. This service is owned and operated by AWS Convergence Technologies, Inc. (d/b/a WeatherBug). WeatherBug has the right at any time to change or discontinue any aspect or feature of the service, including, without limitation, the content, hours of availability, and equipment needed for access or use of the service.
325 Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the service and all charges related thereto.
327 Restrictions on Use. The WeatherBug service is made available to you free of charge. You must provide accurate identification, contact, and other information required as part of the registration process. You may not create any script or other automated tool that attempts to create multiple WeatherBug Web Widget service accounts.
329 You may not use the WeatherBug Service in any manner or for any purpose that violates any law or regulation or proprietary rights, or in any manner inconsistent with the WeatherBug Terms of Use. This includes laws and proprietary rights in the United States as well as in other countries.
331 You may not use the WeatherBug Service in any application where human life or property may be at stake. You understand that the WeatherBug Web Widgets are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which WeatherBug is not responsible. In addition, you may not sell, lease, or sublicense the WeatherBug Web Widgets or access thereto or derive income from the re-distribution of the WeatherBug Web Widgets, whether for direct commercial or monetary gain or otherwise, without WeatherBug's prior, express, written permission.
333 Your license to the WeatherBug Web Widget Service under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the WeatherBug Web Widgets. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) WeatherBug publicly posts a written notice of termination on our web site, or (iii) WeatherBug sends a written notice of termination to you.
335 If you are interested in doing anything different than the foregoing, you must first obtain WeatherBug's written consent. If you fail to do so, WeatherBug reserves the right to take legal action.
337 If you have questions on your contemplated use or if you have comments on WeatherBug Web Widgets or ideas on how to improve it, please email webwidgets@weatherbug.com. Please note that by doing so, you also grant WeatherBug permission to use and incorporate your ideas or comments into WeatherBug Web Widgets without further compensation.
339 The service contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the service are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of WeatherBug and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
341 The foregoing provisions of Section 3 are for the benefit of WeatherBug, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
343 Disclaimer of Warranty; Limitation of Liability .
345 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WEATHERBUG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
347 THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE.
349 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT WEATHERBUG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
351 UNDER NO CIRCUMSTANCES SHALL WEATHERBUG BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF WEATHERBUG WEB WIDGETS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WEATHERBUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEATHERBUG WEB WIDGETS, FROM INABILITY TO USE WEATHERBUG WEB WIDGETS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEATHERBUG WEB WIDGETS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
353 Monitoring. WeatherBug shall have the right in its sole discretion to disable the Service if, in its discretion, it believes that the Web Widgets or other WeatherBug content is being displayed in an inappropriate manner.
355 Indemnification. You agree to defend, indemnify and hold harmless WeatherBug and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.
357 Trademarks. WeatherBug logos are trademarks of AWS Convergence Technologies, Inc. All rights reserved. All other trademarks appearing on the service are the property of their respective owners.
359 Viruses. WeatherBug also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Service or your downloading of any materials, data, text, images, video, or audio from the Service.
361 Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. WeatherBug does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
363 Changed Terms. WeatherBug has the right at any time to change or modify the terms and conditions applicable to use of the service, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the service, or by electronic or conventional mail, or by any other means. Any use of the service by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
365 General Provisions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Maryland , without giving effect to the conflict of laws or provisions of Maryland or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in Montgomery County , Maryland . If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by WeatherBug.