License Analysis

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Input

Title:	Ikatzu
Web page:	http://home.artella.biz/terms.html
Submitted:	2007-10-25 00:04:11

Scoring Metrics

Number of characters:	55671
Number of words:	9399
Number of sentences:	357
Average words per sentence:	26.33
Flesch Score:	23.5
Flesch Grade:	17 : Beyond Twelfth Grade reading level
Automated Readability Index:	20 : Beyond Twelfth Grade reading level
Coleman-Liau Index:	21 : Beyond Twelfth Grade reading level
Gunning-Fog Index:	42 : Beyond Twelfth Grade reading level

Summary

61 characteristics flagged:

Characteristic	Sentences Flagged
Reference to advertising.	19
Advertising: Reference to pop-ups advertisements.	5
Reference to tracking or monitoring.	24
Tracking: Reference to tracking or monitoring of usage.	7
Security: May make changes to service, product or agreement without notifying user.	1
Must be at least eighteen years of age ot download, install or utilize the software.	1
May show content or ads that is not suitable for minors.	2
Security risk. Software may update automatically without intervention of user.	1
Reference to use of system resources to run.	1

Details

1	Version 2.0 (July 2007) END USER LICENSE AGREEMENT NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.
2	BY INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT.
3	YOU ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU WILL RECEIVE AND CONTINUE TO RECEIVE CONTEXTUAL POPUP AND CONTEXTUAL LINK ADVERTISING VIA HIGHLIGHTED LINKS.
4	YOU MAY ALSO CHOOSE TO INSTALL THIRD-PARTY SOFTWARE FROM SELECT ADVERTISERS.
5	THE LICENSED SOFTWARE CAN BE UNINSTALLED UTILIZING THE ?ADD/REMOVE PROGRAMS?
6	COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW). This End-User License Agreement (the ?Agreement?) is an important legal agreement between you (the ?Licensee?) and On the Net Consolidate Services, S.A , a Costa Rican corporation (?Licensor?). Licensor is willing to license the Licensed Software (as defined below) to you, provided that you agree to and accept all of the terms and conditions in this Agreement.
7	IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE.
8	UPON INSTALLATION, YOUR USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
9	Special Notice for Non-English Speakers: The Licensed Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers.
10	If you are not proficient in English and feel that you cannot properly understand this License Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Licensed Software.
11	In any event, if you choose to install or use the Licensed Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.
12	Special Notice for Residents of the State of Alaska, USA: Unfortunately, according to SB 140 (Alaska), persons who reside in the State of Alaska may not install the Licensed Software.
13	Therefore, by installing or using the Licensed Software you represent and warrant that your computer is not located in the State of Alaska.
14	To the extent that our system is reasonably able to recognize that your computer is located in the State of Alaska, we will not enable you to install the software.
15	Notice for All Users: By downloading the Licensed Software, you get free access to sponsored content across the Internet.
16	The Licensed Software may, among other things, show you ads that pop up on your screen in a separate browser, provide you with a toolbar to make your use of the internet more efficient and enjoyable and allow you to access or otherwise link to programs from our affiliates.	Reference to advertising.
17	The pop-up ads that may appear on your computer are based on keywords and URL targets from the sites you visit.	Advertising: Reference to pop-ups advertisements.
18	Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites.	May show content or ads that is not suitable for minors.
19	The Licensed Software is a service of Licensor.
20	1. DEFINITIONS.
21	The capitalized terms used but not otherwise defined in this Agreement shall have the following meanings: 1.1 ?Agreement?
22	or ?License?
23	means this End User License Agreement.
24	1.2 ?Licensee?
25	or ?you?
26	means the individual who agrees to license the Licensed Software in accordance with the terms and conditions of this Agreement.
27	1.3 ?Licensed Software?
28	means collectively the Software, Third Party Software and Updates.	Reference to tracking or monitoring.
29	1.4 ?Third Party Software?
30	means the software of third parties bundled together with the Software and/or made available to or installed by Licensee in connection with the installation, use and/or maintenance of the Software, which software includes or displays, without limitation, cookies and pop-up advertisements of third parties, or links to third-party websites not affiliated with Licensor.	Advertising: Reference to pop-ups advertisements.
31	1.5 ?Software?
32	toolbar, contextual popup and contextual link applications installed by Licensee pursuant the terms of this Agreement, together with the software applications, documentation and local computer files installed or utilized by Licensee in connection therewith (excluding the Third Party Software), and all updates, modifications or patches thereof.	Advertising: Reference to pop-ups advertisements.
33	1.6 ?Updates?
34	means any bug fixes, upgrades, modified versions or updates to the Licensed Software.
35	1.7 "Use?, "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software 2. PERMISSION/AUTHORITY TO DOWNLOAD LICENSED SOFTWARE 2.1 Permission to Download Licensed Software.
36	This Agreement contains important legal obligations.
37	Pursuant to applicable laws including, without limitation, the Electronic Signature Law and Uniform Electronic Transactions Act (?UETA?), by clicking ?I Agree?, Licensor will treat Licensee?s affirmative action as equivalent to a signed written contract that will legally bind Licensee to the terms of this Agreement.
38	Licensee should carefully review the terms of this Agreement before clicking ?I agree?. 2.2 Obligation to Bound by Current Version of EULA.
39	Licensor may revise this EULA or its privacy policy at anytime, and may (but shall not be obligated) to notify Licensees of such revisions.
40	By agreeing to the terms of this EULA, Licensee agrees to read and review this EULA and privacy policy in order to stay current on any changes.
41	3. SOFTWARE LICENSE AND RESTRICTIONS.
42	3.1 License Grant.
43	Upon acceptance of the terms and conditions of this Agreement, as evidenced by clicking ?I agree?
44	and continuing with the installation procedure, Licensor grants Licensee a non-transferable, non-exclusive, revocable, non-sub licensable license to Use the Licensed Software, in binary executable form only, solely in accordance with the terms and conditions set forth in this Agreement.
45	The Licensee agrees not to Use the Licensed Software in any manner that could damage, disable, overburden or impair the Licensed Software, including, without limitation, Using the Licensed Software in an automated manner or in any other manner which could interfere with any other party's use and enjoyment of the Licensed Software.
46	3.2 Restrictions.
47	As a material condition to the license granted in Section 3.1 above, you will: (a) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of Licensor or Licensor?s affiliates in the Licensed Software, (e) not Use the Licensed Software for purposes for which it is not designed, and (f) only Use the Licensed Software for personal, non-commercial use.
48	4. OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION.
49	You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of the Licensed Software or that the owner of the computer has authorized you to do so.
50	You agree, with respect to all users of the computer on which you have caused the Licensed Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Licensed Software.
51	Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Licensed Software to reside, then you hereby accept this Agreement on behalf of all such other users.
52	You understand that the presence of the Licensed Software on any computer is voluntary and that you may remove it at any time.
53	You must be at least 18 years of age to Use the Licensed Software.	Must be at least eighteen years of age ot download, install or utilize the software.
54	By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 18. 5. IMPORTANT INFORMATION REGARDING FUNCTIONALITY OF LICENSED SOFTWARE.
55	5.1 Functionality.
56	Certain applications in the Licensed Software recognize keywords from your Internet browser and URL targets from the sites you visit to display relevant contextual advertisements.	Reference to advertising.
57	These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Licensed Software) and pop-up on your screen in a separate browser.	Advertising: Reference to pop-ups advertisements.
58	The Licensed Software gathers and stores personal identifiable information and records concerning your Internet browsing behavior.
59	Please refer to Section 10 (below) for further information about Licensor?s privacy policies.
60	5.2. Display of Advertising.
61	The Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors' websites.
62	By installing and/or using the Software you grant permission for Licensor to periodically display sponsors' websites to you.
63	The frequency of these advertisements (which will pop up on your screen in a separate browser) will vary depending on your use of the Internet.	Reference to advertising.
64	Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites.	May show content or ads that is not suitable for minors.
65	On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found.
66	When this occurs, the Software includes a function that may redirect your web browser to our sponsor's websites based on the content of the website address, or URL, which you entered.
67	You hereby consent to these actions.
68	Content Licensor considers ?Adult?
69	is defined as any audio, video, audiovisual, images, sounds or text that contain or reference any of the following: profanity, crude or off-color humor, violence, blood and gore, weapons, use of alcohol, drugs, tobacco or other controlled substances, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references.
70	6. INTELLECTUAL PROPERTY RIGHTS.
71	The Licensed Software is the intellectual property of, and owned exclusively by, Licensor and its affiliates or suppliers.
72	The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor and its suppliers or affiliates.
73	The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used.
74	Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by Licensor and its affiliates or suppliers.
75	7. UNINSTALLATION.
76	You understand and agree that the presence of the Licensed Software on your computer is voluntary and that you may remove the Licensed Software from your computer at any time going to the ?Add/Remove Software?
77	function on your computer and clicking ?Remove Software?. The program name for the software is IKatzu.
78	Should you choose to download additional software from Licensor?s affiliates or advertisers, those programs may be named differently and require you to remove them separately.	Reference to advertising.
79	Please note that the above is the only proper way to ensure complete removal of all Licensed Software files ? many anti-spyware or other software tools do not completely or properly remove the Licensed Software.
80	Some Internet content and software publishers require that their users have certain of the Licensed Software installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of such Licensed Software may impact your ability to access such content and/or use such software.
81	You may be required to restart your computer in order for the uninstallation to take effect.
82	Should you have any questions regarding the removal of the Licensed Software, please contact <removal@upads.biz>. 8. UPDATES.
83	Licensor, in its sole discretion, may provide you with Updates to the Licensed Software as part of this Agreement.
84	The Licensed Software may check with Licensor or its affiliates for the existence of any Update released and, in the event that one is available, the Licensed Software may update itself automatically or prompt you to update the Software.	Security risk. Software may update automatically without intervention of user.
85	Nothing herein shall be construed or interpreted as requiring that Licensor provide Updates.
86	9. DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
87	9.1 No Warranty; Disclaimer.
88	YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK.
89	THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
90	LICENSOR, AND ITS AFFILIATES OR SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
91	LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED.
92	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND 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.
93	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY.
94	LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
95	9.2 Limitation of Damages.
96	NEITHER LICENSOR NOR ANY OF ITS AFFILIATES OR SUPPLIERS WILL HAVE ANY, AND YOU HEREBY RELEASE LICENSOR AND ALL OF ITS AFFILIATES AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
97	IN NO EVENT WILL LICENSOR?S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
98	ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
99	9.3 Indemnity.
100	Licensee agrees to indemnify, defend, and hold Licensor and all of the directors, officers, shareholders, affiliates, employees, and agents of Licensor (collectively referred to as "Licensor?s Agents") harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, expert witness fees, and reasonable attorneys' fees that Licensor or Licensor?s Agents shall incur or suffer, which arise, result from, or in any way relate to: (a) any breach of, or failure by Licensee to perform any of the representations, warranties, covenants or agreements in this Agreement; (b) Licensee?s violation of any applicable law or regulation, whether or not referenced herein; and (c) Licensee?s violation of any rights of any third party (including, without limitation, the right of the third parties who own the Third Party Software). 10. USE OF INFORMATION; PRIVACY POLICY.	Reference to tracking or monitoring.
101	10.1 Use of Information.
102	By entering into this Agreement, Licensee agrees that Licensor may collect and retain information about Licensee, including Licensee?s name and email address.	Reference to tracking or monitoring.
103	Licensor may employ other companies and individuals to perform these functions on its behalf.
104	Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and processing credit card payments.
105	These third parties may be given access to personal information needed to perform their functions, but may not use it for other purposes.
106	In addition, Licensor will collect and use anonymous information relating to your use of the Licensed Software application for statistical and related purposes.	Reference to tracking or monitoring.
107	Licensor may disclose the information to third parties for these purposes but will not use or disclose information about your use of the Licensed Software for any other purpose (unless required to do so by law). Licensor may keep track of your Internet history in order to customize the advertisements provided to you as part of the Licensed Software.	Reference to tracking or monitoring.
108	10.2 Privacy Policy.
109	Without limiting the generality of Section 10.1, by installing the Licensed Software, you grant permission for Licensor to collect and use certain information.	Reference to tracking or monitoring.
110	You acknowledge that you have reviewed the applicable Licensor Privacy Policy , which describes Licensor?s general practices with respect to the collection, use and disclosure of information in connection with your Use of the Licensed Software, which is incorporated herein by reference.	Tracking: Reference to tracking or monitoring of usage.
111	Licensor reserves the right to change the provisions of its Privacy Policy from time to time.
112	Your Use of the Licensed Software following the posting of such changes to Licensor?s Privacy Policy will constitute your acceptance of any such changes.
113	Licensor does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in Licensor's privacy policy.
114	11. COMPATIBILITY.
115	Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system.
116	Compatibility issues may cause your computer's performance to suffer.
117	In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 7, above.
118	Like all software, the Licensed Software utilizes some of your computer's resources to run, including system memory and Internet connection.	Reference to use of system resources to run.
119	Use of the Licensed Software on a computer with inadequate system resources will cause such computer's performance to suffer.
120	12. USER REPRESENTATIONS AND WARRANTIES.
121	You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
122	13. EXPORT.
123	You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.
124	By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
125	14. MISCELLANEOUS.
126	14.1 Entire Agreement.
127	This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof.
128	There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement.
129	No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version.
130	Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default.
131	14.2 Severability.
132	In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
133	14.3 Governing Law and Venue.
134	This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Costa Rica, without giving effect to the principles of conflict of laws.
135	Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Cost Rica for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum). 14.4 Injunctive Relief.
136	Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy.
137	Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at info@upads.biz.
138	Mirar Distribution Agreement ? (If applicable)* Mirar DISTRIBUTION AGREEMENT This Distribution Agreement (the ?Agreement?) is entered into as of this 11th day of July, 2007 (the ?Effective Date?), by and between NetNucleus Corp.
139	(?NetNucleus?), a Ontario corporation having its offices at 920 Yonge St, Suite 803, Toronto, ON, Canada M4W 1C3; and On the Net Consolidate Services, S.A (?Distributor?), a Panama corporation having its offices at Ave.
140	Balboa y Cl.
141	40, P.H. Balboa Point 101, Oficina No.
142	7-A, Ciudad de Panam?, Rep.
143	de Panam?. (each a ?Party?, or collectively the ?Parties?). DEFINITIONS: ?Mirar?	Reference to tracking or monitoring.
144	means NetNucleus?
145	software brand name, Mirar is a registered tradename of NetNucleus.
146	?Mirar Application?
147	means any software application created, owned, or distributed by NetNucleus under the Mirar brand, including any updates thereto.
148	?Software?
149	means a software bundle created and owned by NetNucleus, which shall be distributed pursuant to this Agreement.
150	?Product?
151	means the software applications created, owned, or distributed by Distributor.
152	?Bundled Product?
153	means an integrated software bundle containing both the Software and the Product that will be made available by Distributor for electronic download and distribution to users worldwide, in accordance with this Agreement.
154	?End User License?
155	means NetNucleus?
156	end user license agreement pertaining to the use of the Software by an end user, as may be amended by NetNucleus from time to time, the current version of which is attached hereto as Schedule A. ?Billable Country?
157	means any country in which NetNucleus has an advertising contract in place, as may be amended by NetNucleus from time to time, the current version of which is attached hereto as Schedule B. ?Unique Billable Installation?	Reference to advertising.
158	means an installation of the Software during the Term of this Agreement which: (i) is reported by the NetNucleus tracking system as a successful installation, (ii)does not originate from Distributor?s employees, (iii) originates from an IP address within a Billable Country and (iv) is installed onto a computer on which a Mirar Application is not present at the time of such installation, and on which a Mirar Application was not previously installed.?Gross Revenue?	Reference to tracking or monitoring.
159	is the portion of revenue generated by NetNucleus that is attributed to downloads of the Bundled Product by the NetNucleus revenue share tracking system.	Reference to tracking or monitoring.
160	DURATION: The term of this Agreement (the ?Initial Term?) shall be one (1) year commencing on the Effective Date.
161	After the expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year periods (each a ?Renewal Term?
162	and together with the Initial Term, the ?Term?) unless terminated by either Party, with or without cause, by written notice received by the non-terminating Party at least thirty (30) days prior to the commencement of the applicable Renewal Term.
163	Within Thirty (30) days of the Effective Date, this Agreement may be terminated at any time by either Party, with or without cause, by written notice of at least ten (10) days to the other Party.
164	SURVIVAL: Termination of this Agreement by either Party will not affect the rights of any end user to continue using any of the Software or the Product, as applicable, under the terms of any applicable end user license agreement.
165	The provisions of this Agreement entitled: Non-Interference, Confidentiality, Indemnification, and any provision that by its terms survives termination of this Agreement, shall survive termination of this Agreement.
166	ENTIRE AGREEMENT AND AMENDMENTS: This Agreement covers all obligations between NetNucleus and Distributor.
167	No modification or amendment of this Agreement shall be effective unless in writing and signed by the Parties.
168	DISTRIBUTOR OBLIGATIONS: (1) Distributor shall distribute the Software with some or all downloads of its Product.
169	Such distribution will be made in the form of a Bundled Product that ensures the Software is downloaded and installed each time that the Product is downloaded.
170	(2) All downloads of the Bundled Product shall include an End User License provided by NetNucleus.
171	NetNucleus will permit the End User License to be in combined form with Distributors End User License.
172	NetNucleus OBLIGATIONS: (1) NetNucleus shall provide Distributor with the Software in a form suitable for distribution.
173	NetNucleus will provide any revisions or design changes necessary to integrate with Distributors software at no cost to Distributor.
174	(2) NetNucleus shall compensate Distributor for Software installations resulting directly from the distribution of the Bundled Product during the Term, on the following terms: a. $0.25 (twenty-five cents) USD per Unique Billable Installation.
175	Revenue Share payments shall be due 30 days from the end of the calendar month in which such Unique Billable Installation occurs.
176	b. 50% (fifty percent) of Gross Revenue for all countries excluding any country compensated under a Billable Country payment.
177	Revenue Share payments shall be due 30 days from the end of the calendar month in which such installation occurs.
178	(3) During any period in which payments are made pursuant to this NetNucleus Obligations clause, NetNucleus shall provide to Distributor: (i) A daily record of the number of all Billable Country installations, non-Billable Country installations and total installations recorded by NetNucleus.
179	NON-INTERFERENCE: Distributor agrees that it will not, under any circumstances, or at any time, both during the Term and after this Agreement has terminated, distribute any software, or contribute in any way to the distribution of any software, that potentially disables or interferes with the Software or a NetNucleus Application.
180	Any violation of Distributor?s obligation set forth in the foregoing sentence shall be deemed a material breach of this Agreement and shall result in immediate cancellation of all financial obligations of NetNucleus to Distributor.
181	In addition, because it would be difficult to precisely ascertain the extent of the injury caused to NetNucleus, in the event of such material breach NetNucleus may elect, as liquidated damages, and not as a penalty, to require Distributor to refund to NetNucleus sums equal to the cumulative, total funds paid by NetNucleus to Distributor prior to any such material breach.
182	The Parties agree that the liquidated damages set forth in the foregoing sentence are a reasonable approximation of the great injury that would be suffered by NetNucleus in the event of violation of this Non-Interference clause.
183	LICENSE: Subject to the terms and conditions in this Agreement, NetNucleus hereby grants Distributor a non-exclusive, non-transferable, non-sublicenseable worldwide license to use, copy, and display the Software for the exclusive purpose of integrating the Software into the Bundled Product and distributing the Bundled Product in accordance with the terms and conditions of this Agreement.
184	CONFIDENTIALITY: The Parties agree not to disclose to any third parties the terms and conditions of this Agreement, or any non-public proprietary business information that is shared by the Parties in the course of their discussions or in connection with working together in the context of this Agreement.
185	INDEMNIFICATION: Each Party agrees to indemnify and hold harmless the other Party, and their respective directors, members, governors, employees, officers, agents, successors, and assigns, from any and all claims arising from breaches of any representations or warranties hereunder.
186	GOVERNING LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario.
187	WAIVER: The failure of either party to exercise or enforce any of its rights under this Agreement will not act as a waiver, or continuing waiver, of such rights.
188	Waiver or modification of this Agreement shall be effective only if made in writing and signed by both Parties.
189	IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
190	By: NetNucleus Name: Chris Miseresky Title: CEO DISTRIBUTOR By: On the Net Consolidate Services, S.A. SCHEDULE A End User License Agreement This End User License Agreement (the ?Agreement?) is a legal agreement between you and NetNucleus Corp.
191	(?NetNucleus?). This Agreement pertains to your use of the NetNucleus software, technology, programs, documentation and updates which are provided to you by NetNucleus, including the Mirar Toolbar (collectively, the ?Software?). This Agreement also pertains to the services that are available to you by using the Software (the ?Services?). By clicking on the ?I Accept?	Tracking: Reference to tracking or monitoring of usage.
192	or ?Yes?
193	button, you are consenting to the terms of this Agreement.
194	THE SOFTWARE WILL MAKE USE OF YOUR INTERNET CONNECTION WHEN YOU ARE USING INTERNET EXPLORER TO NAVIGATE ONLINE PAGES.
195	YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL NETWORK USAGE COSTS OR ANY OTHER COSTS ASSOCIATED WITH YOUR USE OF THE SOFTWARE OR THE SERVICES.
196	BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
197	IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO NOT USE THE SOFTWARE.
198	NetNucleus grants to you a revocable, non-exclusive, non-transferable and restricted license to use the Software on a single computer for your internal use, subject to the terms and conditions of this Agreement.
199	To uninstall the Software, use the ?Add/Remove Programs?
200	program in the Microsoft?
201	Windows?
202	Control Panel and select ?Related Page?. Please note that each software product must be independently removed.
203	You may make and distribute unlimited copies of the Software, excluding copies for commercial distribution, as long as each copy that you distribute is distributed subject to this Agreement, and you reproduce in full all copyright and other proprietary notices pertaining to the Software that appear in the Software.
204	This Agreement shall remain in effect for as long as you are in compliance with its terms and conditions.
205	This Agreement shall immediately terminate if you fail to comply with any of its provisions.
206	The limitations of liabilities and warranties will survive any termination of this Agreement and will remain in full force and effect even after termination.
207	Should NetNucleus release any updates, upgrades or new versions of the Software or supplemental code or supporting materials for the Software (?Additional Releases?), all such Additional Releases shall be considered part of the Software and subject to the terms and conditions of this Agreement and any additional terms and conditions that accompany the Additional Releases.
208	NetNucleus may automatically provide you with Additional Releases using your Internet connection while you are connected to the Internet.
209	When you surf the Internet using Internet Explorer, the Software will use your Internet connection to contact NetNucleus to attempt to find pages related to the current page being viewed.
210	Information about and links to the related pages (including search results and sponsored listings) will be displayed in the Mirar Toolbar.
211	By choosing to download the Software and in consideration of the foregoing license from NetNucleus to you, you grant to NetNucleus the right to use your web surfing performance metrics, in whole or in part, in any non-personallyidentifiable form or format.
212	You are also accepting that NetNucleus may also deliver to you relevant contextual advertising in the form of advertisements based on URLs and/or search terms you enter when navigating the Internet.	Reference to advertising.
213	The technology used to do this automatically and anonymously identifies related pages based on the user?s computer usage, and the URLs associated with the Web pages viewed.
214	Although the Software does not intentionally provide informational messages and links relating to competitors?
215	websites, from time to time, informational messages and links to related pages may be delivered to the Mirar Toolbar on behalf of those who are competitors of the Web pages users may be viewing, or may have recently viewed.
216	Related pages are displayed by the Software through an automated mechanism and as such may not always match the content being displayed.
217	NetNucleus provides these results on a best effort basis and is not responsible for mis categorizations of content.
218	In the event that you find a mis categorization, you may notify us in writing and we may amend the listing.
219	Due to the subjectiveness of categorization, we are not obligated to amend any listing that is brought to our attention in this manner.
220	We do not transmit or collect your personal information and we do not store any information that records your browsing behaviour.	Tracking: Reference to tracking or monitoring of usage.
221	We do not build profiles of our users or attempt to correlate demographic or personal information.
222	THE SOFTWARE AND THE SERVICES ARE PROVIDED TO YOU ?AS IS?. YOU ARE SOLELY RESPONSIBLE FOR THE ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE OR THE SERVICES.
223	NETNUCLEUS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE.
224	NETNUCLEUS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
225	YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE SERVICES.
226	NEITHER WE NOR OUR AFFILIATES, OFFICERS, DIRECTORS OR AGENTS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.
227	WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.
228	OUR MAXIMUM AGGREGATE LIABILITY TO YOU (INCLUDING ANY LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS OR AGENTS) SHALL NOT EXCEED ONE HUNDRED DOLLARS IN CANADIAN FUNDS (C$100.00). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
229	The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between you and NetNucleus.
230	You acknowledge and agree that NetNucleus would not be able to provide the Software free of charge without such limitations.
231	In jurisdictions which do not allow the exclusion or limitation of consequential, incidental or special damages, NetNucleus?s liability for such damages shall be limited to the maximum extent permitted by applicable law.
232	NetNucleus may modify this Agreement or the Software or Services provided at any time without providing notice to you.	Security: May make changes to service, product or agreement without notifying user.
233	NetNucleus also reserves the right to terminate or modify the Software or Services at any time without providing notice to you.
234	Any modification of this Agreement or the terms of the Software or Services will be made by posting a revised agreement at http://policy.getmirar.com and such modification shall be deemed effective immediately upon posting of the modified Agreement.
235	Your continued access or use of the Software or Services shall be deemed your acceptance of the modified Agreement.
236	You agree to check our web site periodically to review such modifications.
237	The Software, including all copies, and all copyrights and all other rights, title and interest subsisting in or related to the Software, and all data collected there from, shall at all times remain the property of NetNucleus.	Reference to tracking or monitoring.
238	NetNucleus reserve all rights not expressly granted to you.
239	You shall not translate, reverse engineer, decompile or disassemble the Software or any part of the Software, except to the extent this restriction is not permitted by the laws of your jurisdiction; or modify or adapt or create derivative works based on the Software or any part of the Software or merge the Software or any part of the Software with any other software program.
240	Any access to the Software?s underlying client/server architecture that provides the related pages and does not initiate from the Software is expressly prohibited.
241	This Agreement is the entire agreement between NetNucleus and you and supercedes all other agreements, discussions and negotiations, whether oral or written.
242	Other than as described above, this Agreement cannot be modified or amended except by a written agreement signed by an authorized officer of NetNucleus.
243	This shall be governed by the laws of the Province of Ontario, Canada, excluding conflicts of law and choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods, and any legislation implementing such Convention.
244	You consent and attorn to the exclusive jurisdiction of Ontario courts and waive trial by jury, except to the extent a waiver of a jury trial is not permitted by applicable law.
245	If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision shall be deemed severed and the remainder of the Agreement shall continue in full force and effect.
246	You agree to comply with all applicable laws including export restrictions as they relate to this Agreement and your use of the Software.
247	The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English.
248	Les parties aux pr?sentes ont exig?
249	que cette entente et tous autres documents envisages par les pr?sentes soient r?dig?s en anglais.
250	YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT, BY USING THE SOFTWARE OR THE SERVICES, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
251	SCHEDULE B Billable Country code abbreviations: US Think-Adz Distribution Agreement ? (If applicable)* Think-Adz.
252	Privacy Policy and End User License Agreement You must agree to the terms of these Privacy Policy and End User License Agreement before you may install any Software (defined below). In exchange for offering you free software products, we collect anonymous usage information from your computer that we and our partners may use to select and display pop-up and other kinds of ads to you and to perform and publish research about how people use the Internet.	Tracking: Reference to tracking or monitoring of usage.
253	PRIVACY POLICY Who Are We?
254	Think-Adz.
255	(hereinafter, ?we?, ?us?
256	or ?our?) offers popular software free of charge in exchange for your agreement to also install its ad serving software (the "Software"), which will display Pop-Up, Pop-Under, and other types of ads on your computer based on the information we collect as stated in this Privacy Policy.	Reference to tracking or monitoring.
257	We refer to consumers who have or had our Software on their system as "Subscribers." What Information Do We Collect?
258	Software Is Designed to Collect and Use Non-Personal Information.
259	It collects certain non-personally identifiable information about your Web surfing and computer usage.	Tracking: Reference to tracking or monitoring of usage.
260	This includes the URL addresses of the Web pages you view and how long you view Web pages; non-personally identifiable information on Web pages and forms including the searches you conduct on the Internet; your response to online ads; Zip code/postal code; country and city; standard web log information and system settings; what software is on the computer (but no information about the usage or data files associated with the software); and software usage characteristics and preferences.
261	We do not collect or store any personally identifiable information, and if you voluntarily submit personally identifiable information to us - for example, when you request technical support - we only use that information to respond to you or handle your request.	Reference to tracking or monitoring.
262	We do not merge it with the information collected by Software.	Reference to tracking or monitoring.
263	How Do We Use This Information?
264	To Deliver Ads.
265	We use the non-personally identifiable information we collect to display relevant ads on your computer ("Ads"). Ads will appear while you are browsing the Web, not just when you use Software.	Tracking: Reference to tracking or monitoring of usage.
266	Ads are not usually associated with or sponsored by the Web site that you are viewing at the time you receive them.
267	In fact, Ads may be from a competitor of a site you are viewing.
268	To Enhance Third-Party Advertising.
269	We may also develop commercial relationships with third-party Web sites ("Third Party Advertising Partners") to make the ads you are shown more relevant to you when you view their Web sites.	Reference to advertising.
270	To Conduct Research.
271	We aggregate anonymous data regarding Subscribers' online activities to better understand how consumers use the Web.
272	For example, we may gather and use information on how Subscribers use various search engines or Web sites.
273	With Whom Do We Share Information?
274	Search Partners.
275	We may transmit our Subscribers' search queries to search partners, who use this information to provide us with search results and other information, which we then display to our Subscribers.
276	Third-Party Advertising Partners.
277	We may share information we collect with our Third Party Advertising Partners.	Reference to tracking or monitoring.
278	If we do so, we will require by contract that they treat this information in accordance with our privacy promises.
279	For Research.
280	We use aggregate anonymous data regarding Subscribers' online behavior to better understand how consumers use the Web.
281	To that end, we may use aggregated, anonymous online traffic behavior to report emerging Web usage trends to the press or to the public.
282	For example, we might issue a press release stating that our Subscribers tend to visit certain websites more often than others.
283	We may also use this aggregated, anonymous information to develop reports for our corporate clients so that they can better understand trends in online consumer behavior and how those trends relate to their businesses.
284	Other Limited Circumstances.
285	We may also share information with third parties who help us perform a business function (their use of such information is limited by our internal policies and/or confidentiality agreements, as applicable); to protect our rights, or if under a legal obligation.
286	Cookies and Web Beacons We may write and access cookies on your computer.
287	Among other things, these cookies enable us and our Third Party Advertising Partners to use anonymous behavioral profiles and demographic inferences to increase the relevance of online ads you receive.	Reference to advertising.
288	Some Ads include "web beacons," and some of our advertisers and Third Party Advertising Partners may also include web beacons on some of their web pages at our request.	Reference to advertising.
289	These web beacons allow us to access the cookies we set and provide ad campaign analysis.
290	How Do I Stop The Display of Ads?
291	You can stop receiving Ads by uninstalling Software from your computer.
292	Each of our Ads has a "I" in the upper right-hand corner.
293	Clicking on this icon will provide you with more information about Ads and how to uninstall Software from your computer.
294	Each Ad also has an ?X? icon in the upper right-hand corner.
295	Clicking on this icon will close the Ad.
296	Uninstalling the freeware which our Software accompanied would not automatically uninstall the Software ? each of them needs to be uninstalled separately.
297	The only authorized means to uninstall the Software is to use the Add/Remove Programs facility in the Microsoft Windows Control Panel.
298	After the removal of the Software, it will immediately cease the display of advertisements, and will automatically remove itself from your computer, typically within few minutes.	Reference to advertising.
299	However, if you have uninstalled our Software, you may not continue using the freeware: if you do, we reserve the right to reinstall the Software and start serving Ads again.
300	If you have any trouble removing our software, of if you have other questions about it, please send us an email.
301	Sale, Merger, or Asset Transfer If we or any of our assets are purchased or merged with another company, information we have collected from you may be one of the transferred assets.	Reference to tracking or monitoring.
302	Changes to this Policy If we (or any of our successors) make any material changes to our collection, use, or disclosure of your personally identifiable information, we will publish the revised privacy policy on our web site.	Tracking: Reference to tracking or monitoring of usage.
303	For support questions contact us at support@zenotecnico.com.
304	For specific questions regarding the specific terms of this Privacy Policy, contact us at info@zenotecnico.com.
305	END USER LICENSE AGREEMENT The capitalized terms used and not defined in this End User License Agreement (this ?Agreement?) shall have the meanings ascribed to them in the Privacy Policy posted on our Web site.
306	The Software and the free software bundled with the Software shall be collectively referred to as "Licensed Materials." In order to install any Licensed Materials, you must agree to this Agreement.	Reference to tracking or monitoring.
307	Installation and use of the Licensed Materials is voluntary and you may terminate this Agreement at any time by uninstalling all Licensed Materials using the Microsoft Windows Add/Remove Programs function.
308	Likewise, we may modify or discontinue your right to access or use the Licensed Materials at any time and for any reason.
309	Ownership and Authority to Bind Users of Subscribers' Computers.
310	You must either own the computer on which the Licensed Materials will be installed, or you must be authorized by the owner of the computer to install it.
311	If the computer has other users, you must obtain their consent to this Agreement.
312	Scope of License and License Restrictions.
313	Solely for your own personal, non-commercial purposes, we grant you the right to install and personally use the Licensed Materials.
314	These are your only rights with regard to the Licensed Materials.
315	The Licensed Materials are licensed, not sold to you.
316	You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Licensed Materials.
317	The Licensed Materials, any and all communications between us and the Licensed Materials and the content stored on our computer servers and in the Licensed Materials constitute our confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Licensed Materials in the ordinary course of operation.
318	Interference.
319	You agree that you will not use, or encourage others to use, any method to uninstall the Licensed Materials other than through the use of the Add/Remove Programs feature of the Microsoft operating system.
320	Use of any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of the Licensed Materials is prohibited.
321	Privacy.
322	The Privacy Policy, which governs the collection, use and disclosure of information we collect from you, is incorporated into this Agreement.	Reference to tracking or monitoring.
323	Updates.
324	Occasionally, we may, automatically, or through other means, update, upgrade, or patch the Licensed Materials.
325	Your license to an existing version of Licensed Materials may, in our discretion, expire when new versions of the Licensed Materials are released.
326	Notwithstanding the foregoing, we have no obligation to make available to you any subsequent versions of the Licensed Materials.
327	Disclaimer of Warranty.
328	USE OF THE LICENSED MATERIALS IS AT YOUR OWN RISK.
329	WE PROVIDE THE LICENSED MATERIALS ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
330	WE ALSO DISCLAIM ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB PAGES THAT MAY BE AVAILABLE BY LINK OR OTHERWISE FROM SEARCH RESULTS OR OTHER INFORMATION YOU RECEIVE WHEN USING THE SOFTWARE.
331	THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
332	WE MAKE NO WARRANTY THAT INFORMATION PROVIDED BY THE LICENSED MATERIALS IS ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS.
333	THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
334	Limitation of Liability.
335	IN NO EVENT WILL WE, OUR DISTRIBUTORS OF THE LICENSED MATERIALS, SUPPLIERS, ADVERTISERS, OR THIRD PARTY DEVELOPERS, OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, "Protected Parties") BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO USE THE LICENSED MATERIALS, OR INFORMATION YOU RECEIVE WHEN USING THE LICENSED MATERIALS.
336	IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT, OR THE PRIVACY POLICY, EXCEED THE LESSER OF $100 OR THE REVENUE ACTUALLY RECEIVED BY US DIRECTLY ATTRIBUTABLE TO YOUR USE OF THE LICENSED MATERIALS.
337	Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Protected Parties' liability shall be limited to the extent permitted by law.
338	Compliance with Applicable Laws.
339	You must comply with all applicable laws, including export control laws.
340	We may display important messages to Subscribers in certain regions or States and may use your computer's time zone settings to determine which Subscribers should see such messages.
341	To ensure that you receive those messages, you hereby represent that your computer's time zone settings accurately reflect the physical location of your computer.
342	Applicable Law.
343	The laws of the Republic of Panama will govern this Agreement, without regard to conflicts of law principles.
344	The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
345	Jurisdiction.
346	Any claim or controversy arising out of or related to this Agreement, the Privacy Policy, or the Licensed Materials shall be settled the courts of competent jurisdiction in Panama City, Panama.
347	Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party.
348	The foregoing shall not preclude us from seeking any injunctive relief in courts of competent jurisdiction located in other countries for protection of our intellectual property rights.
349	General.
350	This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
351	If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby.
352	Except as described herein, you may not assign this Agreement without our explicit consent.
353	This Agreement may change in the future.
354	In such case, and when appropriate, we will obtain your consent prior to the change taking effect.
355	You are responsible for fees associated with gaining access to the Licensed Materials, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.
356	Microsoft Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries.
357	*These agreements are only applicable if you download this application along with the software provided by our company

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