This is there EULA:
END-USER LICENSE AGREEMENT FOR INTERNET OPTIMIZER SOFTWARE
IMPORTANT-READ CAREFULLY: This Avenue Media Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Avenue Media software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "on-line" or electronic documentation ("SOFTWARE PRODUCT"). By exercising your rights to install and use copies of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
Avenue Media reserves the exclusive right to periodically update this EULA at its discretion at any time, with reasonable notice to you by posting the new EULA at the following URL: http://www.internet-optimizer.com/legal/EULA/.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
* Installation and Use. Avenue Media grants you a non-exclusive right to install and use copies of the SOFTWARE PRODUCT on your computers running validly licensed copies of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Microsoft Windows(r) XP; Microsoft Windows(r) 2000, Microsoft Windows(r) ME, etc.].
* Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Pre-release Software. If any component of the SOFTWARE PRODUCT or any of its components is marked "Pre-release" or "Beta", the component of the SOFTWARE PRODUCT constitutes pre-release code and may be changed substantially before commercial release. Avenue Media strongly recommends against using such pre-release software in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up.
* Installation and Use. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
* Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties, except as expressly provided in Section 1.
* Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not download the software for the intent of reverse engineering, decompiling, or disassembly of the SOFTWARE PRODUCT.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Restrictions on Alteration. You may not rename, edit or create any derivative works from the SOFTWARE PRODUCT.
* Support Services. Avenue Media may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Avenue Media policies and programs described in the user manual, in "on line" documentation and/or other Avenue Media-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Avenue Media as part of the Support Services, Avenue Media may use such information for its business purposes, including for product support and development. Avenue Media will not utilize such technical information in a form that personally identifies you.
* Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION. Without prejudice to any other rights, Avenue Media may terminate this EULA and your use of the SOFTWARE PRODUCT at anytime, if you fail to comply with the terms and conditions of this EULA, or for any other reason at the sole discretion of Avenue Media. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts, and warrant that you have no further copies in your possession.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT (including but not limited to any images, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Avenue Media or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 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 CFR 52.227-19, as applicable. Manufacturer is Avenue Media/New Haven Office Center/Curacao, AN.
6. INTERNET OPTIMIZER'S SERVICES
* Avenue Media is providing you with Internet-related services, such as event notification, customized Internet error pages, video content and other services (the "Service"). As part of the Service, Avenue Media permits you to install and use the SOFTWARE PRODUCT. Your use of the Service constitutes your notice of, approval and acceptance of the SOFTWARE PRODUCT?s features for the purpose of fulfilling the Service and collecting statistics as outlined below. At any time during the use of the Service, you have the right to choose to stop using the Service by uninstalling the SOFTWARE PRODUCT.
* In consideration for the Service, you grant Avenue Media the right to gather information pertaining to your use of the machine, the Internet, and various other software packages you may have installed. Examples of information collected may include but is not limited to keywords searched for, links and ads clicked, and the length of your visit(s) to web sites and pages. With respect to information gathered by the SOFTWARE PRODUCT as part of the Service, Avenue Media may use such information for its business purposes, including, but not limited to product support and development. Avenue Media will not unreasonably utilize such information in a form that personally identifies you to 3rd parties. In consideration for viewing of video content, Avenue Media may send email to your Microsoft? Outlook? contacts and/or send instant messages to your IM contacts offering the video to them on your behalf. By viewing the video content, you expressly consent to said activity.
* For your convenience, the SOFTWARE PRODUCT automatically updates itself and any other SOFTWARE PRODUCT-installed software to the latest available versions at periodic intervals. In consideration for this feature, you grant Avenue Media access to your machine to automatically update the SOFTWARE PRODUCT, add new features and other benefits, and periodically install and uninstall optional software packages. Any supplemental software code or optional software packages provided to you as part of the Service (including but not limited to any images, text, and "applets" accompanying the supplemental software code or optional software packages) shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
* Upon installation and/or registration of the software, you grant to Avenue Media your express permission to contact you with important information about your account and updates to our services, policies and business practices. You have the option to choose not to be contacted by terminating your SOFTWARE PRODUCT account and uninstalling the SOFTWARE PRODUCT. If any information you provide to Avenue Media is incomplete or inaccurate, Avenue Media has the right to terminate your subscription and ability to use the Service.
7. NO WARRANTIES. Avenue Media expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Avenue Media or its suppliers be liable for any special, incidental, indirect, consequential, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Avenue Media has been advised of the possibility of such damages. In any case, Avenue Media's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00; provided however, if you have entered into a Avenue Media Support Services Agreement, Avenue Media's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
9. MISCELLANEOUS. Venue and the law governing this EULA is the laws of U.S.A.
Should you have any questions concerning this EULA, or if you desire to contact Avenue Media for any reason, please write:
