THIS SOFTWARE APPLICATION IS ADVERTISING SUPPORTED AND IS PART OF THE RADIATE NETWORK. IT WILL USE YOUR INTERNET CONNECTION TO DELIVER ADVERTISEMENTS AND OTHER DATA. PLEASE READ THE LICENSE AGREEMENT BELOW FOR MORE INFORMATION.
Go!Zilla Free End User License Agreement
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Radiate, Inc. (Radiate) End User License Agreement accompanies a Radiate software product and related explanatory written materials
("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Radiate.
This copy of the Software is licensed to you as the end user. Please read this Agreement carefully.
Radiate grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
a.You may make unlimited copies of the SOFTWARE and give copies to other persons or entities as long as the copies contain this Agreement and the same copyright
and other proprietary notices that appear on or in the SOFTWARE.
b.You may not reverse engineer, decompile or disassemble the SOFTWARE.
2. Copyright. The Software is owned by Radiate and its suppliers, and its structure, organization and code are the valuable trade secrets of Radiate and its suppliers. The
Software is also protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the Software. You may use trademarks only to identify printed output produced by the
Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any
rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. No Warranty. The Software is being delivered to you AS IS and Radiate makes no warranty as to its use or performance. Radiate AND ITS SUPPLIERS DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. Radiate
AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL Radiate OR ITS SUPPLIERS BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A RADIATE
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some
states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on
how long an implied warranty may last, so the above limitations may not apply to you.
4. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of
law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is
expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain
valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon
failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Radiate.
5. Download Acceleration. This product has technology that the user may "opt-in" or "opt-out" of that ANONYMOUSLY monitors files that have been downloaded through Go!Zilla. The purpose of ANONYMOUSLY monitoring these files and the location of which they originate is to continue to build a database of the fastest and most reliable FTP and other download sites on the Internet Go!Zilla users interact with. Those sites will be made available to other Go!Zilla users to maximize the speed and efficiency in which data files are downloaded, allowing more Go!Zilla users to download more files faster.
6. Attached files. This product may contain and install technology from other companies who have partnered with Radiate to deliver extra products to the user. Each of these partner's respective End User License Agreements are listed upon the user's choosing of which products they want to install.
Unpublished-rights reserved under the copyright laws of the United States.
Radiate, Inc.
http://www.radiate.com
toll free: 800-695-5369
End-User License Agreement for Radiate Technology
Introduction
This Product is advertiser-supported software and incorporates advertisement serving and other technology by Radiate, Inc. Advertiser-supported software creates revenue for software development through the end usersÆ interaction with dynamically delivered advertising and the collection and use of user profile information, enabling software developers to create revenue and allowing end users to download, install and enjoy software products typically without having to pay fees, and providing advertisers and end users the convenience of customized, rather than blanket or repetitive, advertising.
NOTICE: Licensed Software incorporated into this Product collects personal information. To learn more about how this information is collected and used, read the following information, and see Radiate, Inc.Æs Privacy Policy Statement, which is hereby incorporated by reference, and may be accessed via the World Wide Web at http://www.radiate.com/privacy.html, or by telephoning (800)-695-5369.
By clicking the "ACCEPT" or "YES" or any other button referenced to this License Agreement that suggests you agree and/or by installing, using, or copying this Product, You are becoming a party to, indicating Your consent to, and agreeing to be bound by the terms of this License Agreement, without modification. If You do not understand and accept all of the following terms and conditions, including those terms and conditions regarding the collection of user profile information, You click the "DO NOT ACCEPT" or "NO" or any other button referenced to this License Agreement that suggests you disagree, and You must not install, use, or copy this Product.
1. Definitions.
(a) "Agreement" and/or "License Agreement" shall mean this License Agreement and any and all documents incorporated by reference, including but not limited to Radiate, Inc.Æs Privacy Policy Statement; (b) "You," and/or "Your" shall mean the individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement; (c) "Licensed Software" shall mean Radiate, Inc.Æs technology, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation; (d) "Product" shall mean the combination of the Licensed Software and the underlying software product in which the Licensed Software is incorporated; (e) "Demographic Information" shall mean any information that is not Personally Identifiable Information, and shall include, but is not limited to Your gender, age, zip code, browser type, operating system, and Internet protocol (IP) address and (f) "Personally Identifiable Information" shall mean any information that identifies You to others, and shall include, but shall not be limited to Your first and last name, home or other physical address including street name and name of city or town, e-mail address, and telephone number and (g) "Radiate, Inc." shall mean Radiate, Inc., and its licensees and agents, and (h) "live update" shall mean the automatic updating of Radiate technology or the technology of its affiliate partners on your computer.
2. License Grant.
Subject to the terms of this Agreement, Radiate, Inc. hereby grants You a non-exclusive and non-transferable license to reproduce and use for personal or internal purposes the Licensed Software, provided that any and all copies made must contain all of the original and unmodified proprietary notices, including, but not limited to, this License Agreement.
3. Restrictions.
You acknowledge and agree that You shall not (a) modify or create any derivative works of the Licensed Software or documentation; (b) attempt to disable the Licensed Software by any means or in any manner; (c) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Licensed Software (except to the extent applicable laws specifically prohibit such restriction); (d) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Licensed Software to any third-party; or (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Licensed Software or the Product.
4. Proprietary Rights.
You acknowledge and agree that Radiate, Inc. owns all title, ownership rights, and intellectual property rights in the Licensed Software. You agree that you shall take no action that might jeopardize, limit, or interfere in any way with Radiate, Inc.Æs ownership or other rights regarding the Licensed Software. You acknowledge that the Licensed Software is protected by copyright and other intellectual property laws, and by international treaties. You further acknowledge and agree that the remaining portions of the Product are the property of their respective owners and may also be protectable by applicable copyright, other intellectual property law, and international treaties.
5. Disclaimer of Warranty and Limitation of Liability.
THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. RADIATE, INC. DOES NOT WARRANT THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS-FREE, OR THAT ANY DEFECT IN THE LICENSED SOFTWARE WILL BE CORRECTED. RADIATE, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE, AND NO USE OF THE LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL RADIATE, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF RADIATE, INC. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOU ALSO AGREE THAT RADIATE, INC.ÆS ENTIRE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR DEMAND ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE SUM OF THE FEE YOU PAID FOR THE PRODUCT (IF ANY), WITH THE SOLE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF RADIATE, INC., TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT RADIATE, INC. IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THIRD-PARTY ADVERTISER CONTENT PROVIDED BY ITS LICENSEES, THAT MAY BE TRANSMITTED TO YOU THROUGH THE LICENSED SOFTWARE.
6. Legal Compliance.
You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Licensed Software and the Product.
7. Indemnity.
You agree to indemnify and hold Radiate, Inc., its successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneysÆ fees, made by any third-party due to or arising out of your failure to comply with this Agreement or your violation of any law or the rights of any third-party.
8. Termination.
This Agreement shall be effective unless and until terminated. You acknowledge and agree that Radiate, Inc. may, without prejudice to any other rights under this Agreement or applicable law, terminate the license granted in this Agreement at any time without notice to You if You fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately terminate.
9. Privacy Disclaimer and Disclosure Regarding User Profile Information.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DEMOGRAPHIC AND PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE LICENSED SOFTWARE MAY BE USED BY RADIATE, INC., AND/OR THE MANUFACTURER OF THE PRODUCT, AS WELL AS SHARED, RENTED, LEASED, SOLD, OR OTHERWISE MADE AVAILABLE TO THIRD-PARTIES AT THE SOLE DISCRETION OF RADIATE, INC., IN ACCORDANCE WITH RADIATE, INC.ÆS PRIVACY POLICY STATEMENT. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE MAY ALSO GENERATE POP-UP DIALOGUE BOXES REQUESTING YOU TO VOLUNTARILY PROVIDE CERTAIN PERSONALLY IDENTIFIABLE INFORMATION, AND REQUIRING YOU TO PROVIDE CERTAIN DEMOGRAPHIC INFORMATION DURING REGISTRATION OF THE PRODUCT, AND/OR FROM TIME TO TIME THEREAFTER, WHILE THE PRODUCT IS ACTIVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE SHALL RESIDE ON YOUR LOCAL SYSTEM AND MAY OPERATE UNOBTRUSIVELY IN THE BACKGROUND, PERFORMING A LIVE UPDATE, DELIVERING ADDITIONAL REQUESTED SOFTWARE, COLLECTING AND TRANSMITTING INFORMATION RELATED TO THE DISPLAY AND TRACKING OF ADVERTISING AND ANY VOLUNTEERED DEMOGRAPHIC AND/OR VOLUNTEERED PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU TO RADIATE, INC.ÆS SERVERS WHENEVER YOUR WEB BROWSER IS ACTIVE, WHETHER THE PRODUCT INCORPORATING THE LICENSED SOFTWARE IS ACTIVE OR NOT. YOU ALSO AGREE TO ACCEPT A RADIATE MENU ITEM ON YOUR START BAR. THIS MENU ITEM WILL ALLOW YOU TO UNINSTALL THE RADIATE TECHNOLOGY, MODIFY YOUR PROFILE, AND LEARN MORE ABOUT THE RADIATE TECHNOLOGY.
NOTICE: If, after installing, using, or copying the Product, You decide that You prefer to discontinue disclosing Your Personally Identifiable and/or Demographic Information, You may either: (a) register the Product and any and all other Products incorporating the Licensed Software, or (b) perform a complete uninstallation of the Product and any and all Products incorporating the Licensed Software. You may not, however, disable the Licensed Software and continue to use this or any Product that incorporates the Licensed Software.
10. Miscellaneous.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof; (b) This Agreement may be amended only by a writing signed by both parties; (c) This Agreement and any dispute arising out of it shall be governed by the laws of the State of California, USA; (d) Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Santa Clara County, California, under the auspices of JAMS/Endispute, with the losing party paying all costs of arbitration. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of that party pending the completion of arbitration; (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods; (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect; (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof; (h) The provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination; (i) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Your assets to another entity; (j) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns; (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay), or interruption of service resulting directly or indirectly from any cause beyond its reasonable control, and; (l) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith; (m) some Windows registry entries made by the Radiate technology will be labeled as "Aureate" instead of "Radiate."
11. US Government Restricted Rights Legend.
The Licensed Software and any documentation provided is commercial in nature and has been developed exclusively at private expense. Use, duplication or disclosure by the United States 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 section at 48 CFR 52.227-19, and any other successor regulations, as applicable. Manufacturer is Radiate, Inc., current address to be found at http://www.radiate.com.
12. Acknowledgment of Agreement.
I am over 18 years of age. I have carefully read and understand this Agreement, Radiate, Inc.Æs Privacy Policy Statement.
IF YOU ACCEPT the terms of this Agreement:
I acknowledge and understand that by ACCEPTING the terms of this Agreement, I am consenting to Radiate, Inc.Æs use of my information as explained herein.
IF YOU DO NOT ACCEPT the terms of this Agreement.
I acknowledge and understand that by refusing to accept these terms, I have rejected this license agreement and therefore have no legal right to install, use, or copy this Product or the Licensed Software that it incorporates.
