Chip 2004 January/Chip_2004-01_cd1.bin/software/rosoft/rosoft.exe/embedded/License.txt

Text File | 2003-11-19 | 35.7 KB | 679 lines

End User License Agreement file for Rosoft Software
===================================================

The international copyright law protects this program:
Copyright ⌐ April 2000 by Rosoft Engineering, Karlstad, Sweden.

This program has been tested for Windows 95/98/ME and Windows NT4/2000/XP.

If you have problem using the program please send an email to
[e-mail]. We will respond as soon as possible.

NOTE: If you don't like the adware included you can always uninstall the program.

THE SOFTWARE IS DISTRIBUTED "AS IS". NO WARRANTY OF
ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK.
ROSOFT ENGINEERING WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES,
LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR
MISUSING THIS SOFTWARE.


IMPORTANT
=========

with this application you will also install n-CASE by 180solutions.
If you don't like n-CASE you can uninstall the program by opening
your Control Panel, start Add/Remove Programs, select the line
where it says n-CASE then press the Install/Unintall button. If you
uninstall n-CASE Rosoft Audio Tools will no longer work. For more
information read below.

n-CASE will show Pop-Up ads on the screen when you're connected to
the Internet.



Privacy Policy 180Solutions
===========================

(Last Revised September 21, 2000)

This privacy policy describes the information gathering, use and disclosure
practices of 180Solutions.com. Please read this policy before you use or
download our software.By downloading our software, you are consenting to the
information collection, use and disclosure practices described in this
policy as modified by us from time to time. If we decide to change our
privacy policy, we will post a new policy on our web site and note the date
the policy was revised. Therefore, we encourage you to check our privacy
policy for any updates or changes.


The 180Solutions private labeled 180Window provides a connection between the
end user "You" and advertisers.End users receive various incentives to allow
the private labeled 180Window to deliver advertisements based on the
end-user's demographic profile and Internet activity. The 180Solutions
service also provides end users with the option to receive email
communications from advertisers. 180Solutions will only release generalized
cumulative information to sponsors and the industry, but will not release
your personal data to any third party to solicit you unless you have elected
to permit it as described below. If you decide to take advantage of an offer
from a sponsor or advertiser within the 180Window, you would need to submit
your personal information yourself, directly to that sponsor, and you need
to be comfortable with their privacy policy.

Information We Collect and How We Use It
========================================

Personal Information
--------------------

When you register with 180Solutions, you will be asked to provide certain
personal information about yourself and your interests. This information
includes your name, your contact information such as address and email
address, and basic demographic and lifestyle information such as hobbies and
interests, purchasing patterns, age and gender. 180Solutions uses this
information to learn more about its audience. 180Solutions also uses this
information to provide you with content and information most attuned to your
interests.

We may share this personal information with reputable third parties who wish
to send you information by email or postal mail. If you do not want your
information to be shared with our partners for the purpose of receiving this
extra information, you can opt out. Just click "no" to this statement on
your profile page: "I would like to receive special offers and information
related to my interests."

Tracking
--------

When you run the 180Solutions 180Window, the software generates logs of your
surfing activity, including web pages you have visited and the order in
which you visited these pages. We use these logs for market research
purposes and to provide you with offers and savings specifically targeted to
your interests and habits. 180Solutions stores these logs on our servers,
for our use. We may remove the personally identifying information from these
surfing logs and share the resulting "aggregate" data with third parties.
However, this aggregate data will not identify you individually.

Desktop Programs
----------------
In order to prevent fraud, 180Solutions monitors which programs are running
on your computer at the same time you run the 180Solutions software. This
information is never shared with any other companies in a manner that would
identify you individually.

Third Party Collection
----------------------

We may use other third-party services to assist us in providing
advertisements to you.These services may place cookies on your hard drive
and use the cookies to tailor advertisements to you by profiling your use of
a site or advertisements that you select. We do not supply and do not allow
these services to directly collect any personally identifying information;
however, the services may collect information such as your IP address, your
browser type and the date and time that advertisements were served to you.

You should refer to the web sites of the services we use, including but not
limited to: AdForce, DoubleClick, and 24/7 Connect to learn how they collect
and use information.



Additional Information Disclosures
==================================

We reserve the right to disclose information we have collected from you if
required to do so by law, or in the good faith belief that such action is
reasonably necessary to comply with legal process, respond to claims, or to
protect the rights, property or safety of our company, our employees,
customers, or the public. In addition, any information that we collect or
compile may be provided to a third party in conjunction with the sale of our
company or a portion of our assets to a third party.



Child Protection
================

You must be at least 13 years of age to register with 180Solutions.
180Solutions does not intend to accept or store any registration or other
personal information from children under the age of 13.

Opt-in/Opt-out Communications
-----------------------------
As a condition of using the 180Solutions software, you agree to receive
certain mailings and offers that are related specifically to your surfing
activity, your 180Solutions account and the 180Solutions site. By
maintaining your 180Solutions account, you grant 180Solutions permission to
contact you with these offers and information.

180Solutions is pleased to be able to offer you extra value by providing you
additional information and offers specific to your interests.You can choose
to opt out of these communications. If you do not want to receive these
extra mailings and offers from 180Solutions' partners, check "no" to this
statement on your profile page: "I would like to receive special offers and
information related to my interests." You may change this information at any
time by logging into the 180Solutions site and editing your member profile.

Linking to Other Sites
----------------------

A link from the 180Solutions web site or 180Window to another web site does
not imply our endorsement of that site. We do not control the sites to which
we link and assume no responsibility for their content or privacy policies.
Therefore, you should carefully review the privacy policies that apply to
any sites you access from our site.

Cancellation
------------

If at any point you wish to cancel your account with 180Solutions, you may
do so here. Once your account is deactivated, we will no longer collect
information from you, and we will no longer send you communications.However,
certain information we have collected about your account may be saved in our
archives for our accounting and tax purposes.

Security
--------

180Solutions may save the information that we collect from you
indefinitely.We use commercially reasonable efforts to transmit, store and
maintain your information in a manner designed to protect it from loss,
misuse, alteration or destruction by any unauthorized party.

In addition, your account information is protected by a login and password
procedure so you should not disclose either to any unauthorized third party.
If your password is lost or compromised, you should immediately follow this
link.


You may change your password or update your contact information and opt-out
preferences by logging into your profile page at
http://www.180solutions.com/profile

Contact Us
----------

If you have any question about our Site or service, you should first consult
our FAQ. If you have further questions or any concerns or complaints about
how your personal information is used, please email [e-mail]






"MY SEARCH" SEARCHBAR END USER LICENSE AGREEMENT
================================================

BY CLICKING ON THE "SUBMIT", "DOWNLOAD", "I ACCEPT" OR SUCH SIMILAR BUTTON
OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE
MY WAY SPEEDBAR SOFTWARE PRODUCT (THE "APPLICATION") AND DOWNLOADING AND
INSTALLING THE "MY SEARCH" SEARCHBAR SOFTWARE APPLICATION, YOU AGREE TO BE
LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS.



1. License Grant

Subject to the terms and conditions of this Agreement, My Way grants you a
non-exclusive, revocable, limited license, to (a) download and install the
most current version of the Application (including all updates thereto) and
(b) use the Application(s) you download and install for your personal,
non-commercial purposes.

2. License Conditions

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 any
Applications or use any Application 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 Applications, or attempt to do so for
any reason. Further, you may not access, create or modify our source code in
any way. You do not have the right to and may not create derivative works of
our Applications. All modifications or enhancements to our Applications
remain our sole property. You understand that we, in our sole discretion,
may modify or discontinue or suspend your right to access any of our
services or use any Application at any time, and we may at any time suspend
or terminate any license hereunder and disable any Applications you may
already have accessed or installed without prior notice or further
obligation to you.

We reserve the right to add additional features or functions to existing
Applications. When installed on your computer, an Application periodically
communicates with our servers. We may require the updating of an Application
on your computer when we release a new version of an Application, 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 privacy policy and end user license agreement before you will
be permitted a limited license for any subsequent versions of our
Applications. You acknowledge and agree that we have no obligation to make
available to you any subsequent versions of our Applications.




3. Ownership

You acknowledge and agree that the Application is licensed, not sold to you
by The Excite Network, Inc. d/b/a My Way. You agree that My Way owns all of
our Applications, including all Intellectual Property Rights in or relating
to each Application, except as otherwise specified or expressly granted to
you in this Agreement. "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 any Application. All
rights not expressly granted hereunder are expressly reserved to My Way and
My Way's licensors. "My Way", "My Search", and "My SearchHub" and
"Searchbar"are trademarks of The Excite Network, Inc. d/b/a My Way. All
Rights Reserved.

4. Content and Infringement


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 Applications 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 an Application, 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 My Way be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for loss
or damage of any kind incurred as a result of the use of any Content posted
or transmitted via the Application.

We are not responsible for any content such as audio, video, text or any
other, files owned by users of our Applications. All of our Applications are
exposed to various security issues, and should be regarded as unsecure. By
accepting this Agreement, you indicate that you understand, acknowledge and
agree that by using our Applications, you may be subject to various risks,
including the exposure of data you have downloaded or have offered to share,
and that you accept all such risk as solely your risk and responsibility.

In addition, all content made available or accessed through our Applications
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.

My Way respects and expects its users to respect the rights of copyright
holders. On notice, My Way will act appropriately to remove content under
our control that infringes the copyright rights of others. My Way reserves
the right to disable the access to the Applications 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 copyrights in your work, please follow our Notice and Procedure for
Making Claims of Copyright Infringement at
http://info.myway.com/index/id/terms.html.



5. Installation and Operation


You understand, acknowledge and agree that installation of an Application
permits the downloading to your computer by My Way of software which allows
us to update the Application, and that such updates may occur without notice
to you, unless the terms of this Agreement change in a material way. You
agree to accept all such updates and agree that they are and shall be
governed by this Agreement unless superceded by a successor agreement as
described below.

You further understand, acknowledge and agree that in consideration of the
Applications, services and information provided to you by My Way, and in
order to make our services functional and robust, the Application will
communicate with our servers. Such communication may occur, for example, in
connection with product updates and fixes, verifying and updating your
settings, processing search queries or requests made by you through use of
the Application and as otherwise required to maintain and operate the
Application. The Application does not report back to My Way with information
about the sites you visit on the Internet or collect any information that
you provide you to any such web sites. You hereby consent to such
communications and our use of such information. If you wish to withdraw your
consent to our gathering and use of such data and information, uninstall our
applications.

You understand that you may uninstall any Application at any time by using
the Windows add/remove programs function or following the instructions
listed on our website at http://help.myway.com/features/speedbar.html#q4.
However, by uninstalling the Application, you will be unable to access our
services and, in some instances, unable to use software with which the
Application was bundled.

6. Your Obligations

You represent and warrant that you are either the owner or an authorized
user of the computer where our Application is installed. You agree to
provide and to maintain fully accurate, complete and current information
related to any registration for the Applications and our services and
information that may be required in the course of your use of our services.
If My Way has reasonable grounds to suspect that such information is
inaccurate, not current or not complete, My Way has the right to suspend or
terminate your account, deny any or all use of the Applications 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 My Way
services and Applications. You agree not to use the My Way services and
Applications 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.

7. Access and Interference; Passwords

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 Applications, services or content, except to remove
our Applications 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, which may inadvertently be transferred to your computer through
your use of our Applications.

In order to access certain services or use certain features of our
Applications, you may be required to pay fees, 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.



8. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "SUBMIT",
"DOWNLOAD", "I ACCEPT" or such similar links as may be designated by My Way
to download the software to accept the terms and conditions of this
Agreement, you are submitting a legally binding electronic signature and are
entering into a legally binding contract. You acknowledge that your
electronic submissions constitute your agreement and intent to be bound by
this Agreement. Pursuant to any applicable statutes, regulations, rules,
ordinances or other laws, including without limitation the United States
Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the
"E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED THROUGH THE APPLICATION OR SERVICES OFFERED BY MY WAY. Further,
you hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by other than electronic means.

9. Disclaimer of Warranty

YOU ACCESS AND USE OUR APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE
THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK.

WE PROVIDE THE APPLICATIONS 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.



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, 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 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, (C) THAT ERRORS OR DEFECTS
RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE
CAN IDENTIFY AND IDENTITY THEFT. 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.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

The above exclusions may not apply in jurisdictions that do not allow the
exclusion of certain implied warranties.

10. Termination

You may terminate this Agreement at any time by uninstalling and destroying
all copies of our Applications in your possession or control. We may
terminate this Agreement, disable Applications or cease providing any
service at any time in our sole discretion.

11. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MY WAY, ITS
PARENTS, SUBSIDIARIES, OR 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 OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO
YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR SERVICES
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST
OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MY WAY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).



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
MY WAY'S AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND
ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS
AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE
AVERAGE REVENUE RECEIVED BY MY WAY PER USER OF THE APPLICATION PER MONTH AS
CALCULATED BY MY WAY BASED ON THE USE OF THE APPLICATIONS (AND NOT OTHER
PRODUCTS OR SERVICES OFFERED BY MY WAY) MULTIPLIED BY THE NUMBER OF COMPLETE
MONTHS YOU HAVE BEEN AN APPLICATION 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: (I) ANY
METHOD OR PROCESS IN WHICH OUR APPLICATION MAY BE USED BY YOU; (II) ANY
RESULTS OF USING OUR APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT
UNALTERED RELEASE OF ONE OF OUR APPLICATIONS; OR (IV) THE COMBINATION,
OPERATION OR USE OF ANY OF OUR APPLICATION(S) WITH THIRD PARTY PROGRAMS OR
DATA.



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, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.

12. Export Controls

The Applications and the underlying information and technology may not be
downloaded or otherwise exported or re-exported (i) into (or to a national
or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods; or
(ii) 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 our Applications, you agreeing 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.

13. Notice to Government End Users

Any Applications, 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 term is defined at 48
C.F.R. º2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation," as such terms are used in 48 C.F.R.
º12.212 or 48 C.F.R. º227.7202, as applicable. Pursuant to Federal
Acquisition Regulation 12.212 (48 C.F.R. º 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.

14. Applicable Law

. By accessing or using our Applications or our services, you agree that the
substantive laws of the State of New York 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 our Applications, and that such laws shall apply
without regard to principles of conflict of laws. 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 Westchester County, New York, 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 My Way Service, any
Application or the My Way Privacy Policy must be filed within one (1) year
after such claim or cause of action arose or be forever barred.

15. Arbitration

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 My Way from seeking any injunctive relief for protection of our
Intellectual Property Rights. The arbitration shall take place in Irvington,
New York 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
confidence 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 appeal or to seek modification of rulings by the
arbitrators is strictly limited.



16. Successor Agreements

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 My Way 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 any Application 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
affirmatively indicate to us by e-mail to [e-mail] that you
do not accept the successor Agreement and remove all of our Applications
from your computer and cease all access to and use of our services
hereunder. Failure to remove our Applications from your computer will be
deemed an acceptance of the terms of the most current Agreement.

17. Order of Precedence

This Agreement and any accepted successor Agreement governs your use of our
Applications and our services as described herein. To the extent that any
provision of this Agreement, or any supplemental agreement offered as any
part of any registration for additional Applications or services, conflicts
with any provision of other agreements between you and My Way or any of its
related or affiliated entities, the terms of the then-current Agreement,
shall, as to the specific subject matter of this Agreement, take precedence
over the conflicting term(s) of that other agreement

18. General

This Agreement, as modified from time to time as described above, and
including the My Way Privacy Policy, Terms of Service and any other policies
incorporated by reference, 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 Applications
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
Applications and our services. Except as otherwise provided in this
Agreement, 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 My Way or acts as estoppel against later
enforcement. Subject to the terms of the Order of Precedence set forth
above, this Agreement constitutes the entire agreement between you and My
Way with respect to the specific subject matter addressed herein, and
governs your use of the Applications and our services, superseding any prior
agreements between you and My Way or its affiliates or related entities
relating to such subject matter, but this Agreement may be supplemented by
any other agreement you enter into with My Way or its affiliates or related
entities pursuant to a registration to access additional Applications or
services. You may not assign any of your rights or delegate any of your
obligations under this Agreement without the prior written consent of My
Way. My Way 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 the
Services resulting directly or indirectly from any act of nature or other
cause beyond the reasonable control of My Way. 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 the provision, and that the other
provisions of this Agreement remain in full force and effect. Sections 2-4,
7-15 and 18 of this Agreement will survive any expiration, cancellation or
termination of this Agreement. The section headings used in this Agreement
are for convenience only and have no legal or contractual effect.

Without limiting the foregoing, My Way Software Products and My Way's
Services are not intended for use by or availability to persons under the
age of 13.

IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY
MY WAY SOFTWARE PRODUCT OR APPLICATION AND YOU MAY NOT ACCESS THE SERVICES.

VERSION: 1.4

EFFECTIVE DATE: March 6, 2003.