please first review and agree to this License Agreement:
POINTCAST NETWORK 2.x LICENSE AGREEMENT
This PointCast« Network 2.x License Agreement ("License") is your proof of license for version 2.x of the PointCast Network software ("the Software"). An electronic copy of this Agreement will also be provided to you upon installation of the Software.
1. Grant and Term of License. PointCast grants you a personal, non-exclusive, non-transferable and royalty-free right to install and use the Software. The Software may be installed on computers or network servers under your control. This License shall continue in effect until terminated by PointCast, but shall terminate immediately at any time you fail to comply with the limitations set forth in this License.
2. Restrictions. The Software is the property of PointCast and/or its licensors and is protected by U.S. and international copyright and intellectual property laws and treaty provisions. All rights to patents, copyrights, trademarks and trade secrets in the Software or any modifications to it shall be and remain in PointCast and/or its licensors. You may not modify, alter, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, or remove any proprietary notices or labels that it contains. You are permitted, however, to install the Software on more than one computer, to share the unaltered installation software with others (without charge to them) and to make a complete copy of the installed Software for backup purposes.
3. The Information. You acknowledge that the information available through use of the Software ("Information") originates from the Internet's World Wide Web ("WWW") and is derived from a wide variety of sources. PointCast makes no warranty or representation whatsoever with respect to the Information available through the Software, and you acknowledge that, among other things, there is an inherent risk that some Information available on the WWW may be inaccurate, incomplete, untimely, offensive or inappropriate under applicable law and you agree to assume all such risks. Additionally, you acknowledge that your use of the Information outside of the operation of the Software is subject to the protection of the applicable U.S. and/or international copyright and other intellectual property laws.
4. Changed Terms. PointCast shall have the right to change or add to the terms of this License at any time and to change, discontinue or impose conditions on any aspect of the Software and the PointCast Network. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice or upon posting of such terms on the Software.
5. No Warranties or Liabilities. You expressly acknowledge and agree that use of this Software is AT YOUR OWN RISK and that the Software is provided "AS IS" without any warranties or conditions whatsoever. POINTCAST (i) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE SOFTWARE OR THE POINTCAST NETWORK; (iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND SHOULD IT DEFECTIVE, YOU ASSUME THE ENTIRE COST OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. General. This License constitutes the entire agreement between you and PointCast with respect to this Software and supersedes any other communication (including advertising). If any provision of this License is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of this License, and the remainder of this License shall continue in full force and effect. This License shall be governed by the laws of the State of California, U.S.A. without reference to conflict of laws principles.
7. Government Restricted Rights. If the user of this commercial computer software is an agency, department, or other entity of the United States Government ("Government"), use, reproduction, release, modification, or disclosure of this product, or of any related documentation of any kind, including technical data, is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7207 for military agencies. This product is commercial. The use of this product by any Government agency, department, or other entity of the Government is further restricted in accordance with the terms of this License, and any modification thereto. The Manufacturer is PointCast Incorporated, 501 Macara Avenue, Sunnyvale, CA 94086.
8. Special Notice. The Software utilizes the RSA Data Security, Inc. MD5 Message-Digest Algorithm, ⌐ 1991-92, RSA Data Security, Inc., all rights reserved. RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind.
END OF POINTCAST NETWORK 2.x LICENSE AGREEMENT
POINTCAST PRIVACY POLICY
We at PointCast respect your privacy, and we're committed to protecting it. This privacy policy explains how we use personal information provided by visitors to our Web site and viewers of the PointCast Network.
The PointCast Web Site:
We do not recognize or capture the e-mail address of visitors to our site, and we don't collect any information that identifies individual visitors. To help us reach our goal of providing a Web site that meets the needs of our customers, we do monitor traffic patterns on our Web site. We also analyze domain addresses and other site usage data, and we may use cookies, to help us model visitor paths through the site or display specific pages for visitors based on the browser or operating system being used.
The PointCast Network Service:
E-mail Address:
PointCast requests your e-mail address as part of the viewer registration process for the PointCast Network. We use this information to better understand the make-up of our customer base so we can modify the service accordingly. We may also use it to contact PointCast viewers occasionally with important information related to the service. Any e-mail we send includes an easy way to unsubscribe from future e-mails.
For viewers who indicate their approval during registration, we may also allow strategic partners to send information that we think will be of interest. All PointCast viewers can refuse such e-mail as part of the PointCast registration process. We do not rent the PointCast viewer list.
Personal Information:
As part of the viewer registration process, we also request demographic information. We use this information to personalize the service to a viewer's individual interests, to improve the service, and to describe the PointCast viewership, in general aggregate terms, to potential advertisers. We never make any individual viewer information available to advertisers.
Stock Portfolio Entries:
Using PointCast is a safe way to track the value of your securities portfolio. Any information you enter into the PointCast Network regarding the number of shares you hold, or price you paid for a security, is stored only on your computer's hard drive. This information is never sent over the Internet or transmitted to the PointCast data center.
All information collected through registration of the PointCast Network service is stored in a secure server in the PointCast data center to guarantee against unauthorized access.
