THIS SOFTWARE APPLICATION IS ADVERTISING SUPPORTED. IT WILL USE YOUR INTERNET CONNECTION TO DELIVER ADVERTISEMENTS AND OTHER DATA. THE LICENSE AGREEMENT FOR THE GAIN NETWORK FOLLOWS THE GOZILLA LICENSE AGREEMENT BELOW. BEFORE INSTALLING THIS GAIN-SUPPORTED COPY OF GO!ZILLA, YOU MUST AGREE TO THE PRIVACY STATEMENTS AND LICENSE AGREEMENTS LISTED BELOW. READ THEM CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM. THEY CONTAIN IMPORTANT INFORMATION THAT YOU SHOULD KNOW REGARDING GO!ZILLA, GAIN AND THE GATOR CORPORATION.
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.
PLEASE READ THE GATOR CORPORATION PRIVACY STATEMENT AND END USER LICENSE AGREEMENT (COLLECTIVELY "TERMS AND CONDITIONS") CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM. THEY GOVERN ANYTHING YOU CHOOSE TO RECEIVE FROM THE GATOR CORPORATION, OR THIRD PARTIES, IN EXCHANGE FOR YOUR ALLOWING THE GATOR CORPORATION TO BRING YOU THINGS LIKE ADVERTISEMENTS, INFORMATION, AND SOFTWARE (COLLECTIVELY "GAINWARE"). YOU ARE BEING OFFERED, AND WILL RECEIVE, GAINWARE ONLY IF YOU ACCEPT THESE TERMS AND CONDITIONS, THEY CONTAIN IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE USING GAINWARE. THESE TERMS AND CONDITIONS REPLACE ANY PREVIOUS VERSIONS THAT YOU MAY HAVE AGREED TO.
YOU MAY TERMINATE THESE TERMS AND CONDITIONS AT ANY TIME BY UNINSTALLING ALL GAINWARE FROM YOUR COMPUTER USING THE ADD/REMOVE PROGRAMS MENU IN YOUR MICROSOFT (R) WINDOWS (R) CONTROL PANEL, AND DESTROYING ANY OTHER COPIES OF GAINWARE YOU MAY HAVE MADE. HTTP://WWW.GATORCORPORATION.COM/HELP/UNINSTALLINFO.HTML, INCORPORATED HEREIN BY REFERENCE, PROVIDES MORE DETAILED REMOVAL INSTRUCTIONS.
--- Privacy Statement ---
Overview
We are The Gator Corporation. We, and third parties, provide you with GAINWare in exchange for your allowing The Gator Corporation to deliver things like advertisements, information, and software to your computer through the Gator Advertising and Information Network or GAIN (TM). GAINWare includes software programs, web sites, online services and other properties that you choose to install and/or use that are provided to you at no charge or for a reduced fee because we are paid to deliver advertising, information, and software for advertisers and other customers. http://www.gatoradvertisinginformationnetwork.com/about-gainprivacy.html creates and displays a list of GAINWare on your computer. If you choose to install and/or use third party GAINWare you will also be bound to that third party's privacy statement and license agreement.
We don't know who you are...
We don't know who you are and we know nothing about you personally. We do not store personally identifiable information or use it in any way. For example, we do not know your email addresses, last name, street addresses, or phone numbers. Nor do we have any other sensitive or personal financial information, such as credit card information, login IDs, passwords or bank account numbers. Any such information that you enter into any GAINWare that we develop (such as the Gator (TM) eWallet) will remain on your computer, and will not be sent to our servers. This ensures that we don't know who you are and that your privacy is protected.
Here's what we do know...
While we don't know who you are, GAINWare does collect and use certain information as described below. We associate such information with an Anonymous ID randomly generated by The Gator Corporation. Some information we may collect, use, and associate with your Anonymous ID includes:
- Which web pages your computer visits and how much time is spent at those sites
- Your response to the ads we display
- Standard web log information and system settings
- What software is on your computer
- Your first name, country, and five digit ZIP code
- Your GAINWare usage characteristics and preferences
Information associated with your Anonymous ID is used in any of three ways: a) to offer assistance (e.g. knowing when to offer help filling in a form or adjust your computer's clock), b) to select and deliver installation files for optional new GAINWare and/or third party software applications, and c) to deliver advertisements and information to you on behalf of our advertisers who are often competitors of the web sites you are viewing.
If you choose to contact any employees or contractors of The Gator Corporation, such as our technical support department, any information that you choose to provide may be stored on our servers in archives of our support and customer service communications. This information, however, will not be associated with the information we may store and use listed above. http://www.gatorcorporation.com/help/datause.html, incorporated herein by reference, provides a more detailed description of the information collected by The Gator Corporation and how it is used.
We share anonymous aggregate information about what sites GAINWare users view on the Internet. For example, we might tell a merchant that we have 50,000 GAINWare users who buy books. But we would not disclose information associated with any individual user to that merchant.
We sometimes use third party contractors who may be given access to any information we have so they may perform tasks that might otherwise be done by our employees. These contractors, however, have no rights to use such information for purposes other than those described herein; and they are subject to the same restrictions as our employees. In the event that The Gator Corporation merges with another company, transfers or sells substantially all of its assets or capital stock to a third party, the information collected about you would be included in the merger, transfer or sale and that company would be bound by these Terms and Conditions just as we are bound today.
If legally required to do so, we will disclose to a third party any information we have.
GAINWare
Through GAIN (TM) we support the ongoing availability of a wide variety of GAINWare, like software, web content and services, either free of charge or at a reduced fee because we are paid to deliver advertising, information, and software for advertisers and other customers. Some GAINWare software titles, for example, provide helpful consumer utilities and perform functions such as one-click form filling, remembering passwords, date reminders, and others.http://www.gatoradvertisinginformationnetwork.com/about-gainprivacy.html creates and displays a list of GAINWare on your computer.
We distribute GAINWare several different ways. The most common ways that you may receive GAINWare are: a) by downloading software from a website; b) by clicking to download software from online ads; and c) through trial programs in which GAINWare are often included as an "opt-out" option with other software products you might choose to download. http://www.gatorcorporation.com/help/distribution.html, incorporated herein by reference, provides more detail about GAINWare distribution.
Delivery of GAIN (TM) Advertising
You will receive advertisements if you have any GAINWare on your computer. If you don't want to receive any advertisements, information, or software from us, you must uninstall all GAINWare from your computer using the Add/Remove Programs menu in your Microsoft Windows control panel. http://www.gatorcorporation.com/help/uninstallinfo.html, incorporated herein by reference, provides more detailed removal instructions.
We deliver advertisements in a variety of ways. Most GAIN ad delivery vehicles have their own set of user preference settings. http://www.gatorcorporation.com/help/advehicles.html, incorporated herein by reference, more fully describes all current GAIN ad delivery vehicles. GAIN ad delivery vehicles may include:
- Pop-Up Windows appear as windows on top of or underneath other windows on your computer desktop. Some are displayed in windows that float over other display ads on the web sites you visit.
- Embedded Ads are displayed within some GAINWare applications.
- Desktop icons and installation files may be placed on your computer that link to other products and services.
Many of the advertisements that we bring you are on behalf of advertisers who compete with the company whose web site you may be viewing. Those advertisements will bear the GAIN (TM) brand to, among other reasons, inform you that our advertisers, and their competitive advertisements with GAIN branding, are not associated in any way with the competitor's web site you may be viewing.
How GAINWare and GAIN (TM) work
When running on your computer, GAIN and/or GAINWare communicate with our servers, and in some cases, third party servers on a regular basis, among other reasons, to:
1. maintain/update GAINWare;
2. facilitate installing and uninstalling GAINWare;
3. retrieve content and ads for display;
4. facilitate various GAINWare features;
5. collect anonymous usage information; and/or
6. update user information.
http://www.gatorcorporation.com/help/communications.html, incorporated herein by reference, provides more detail regarding communications between your computer and other computers arising from use of GAINWare and GAIN.
To introduce new software applications and services to you, we may occasionally download an installation file to your computer. Once the installation file has completely downloaded, we will later display a message and ask if you wish to install the new software application or service. If you accept it, the new software application or service will be installed and available for use within minutes. If you decline, we will remove the installation file.
To improve the features or functions of your GAINWare or GAIN (TM), we may occasionally install technologies, such as certain rich media player applications, browser plugins, virtual machines, and runtime environments (collectively "Enhancement Technologies"). For example, these Enhancement Technologies may be used to deliver audio and visual effects such as animation, video and sound, or to provide enhanced services such as secure coupon printing. In the event that we install Enhancement Technologies on your computer that are published by a third party, that third party's privacy statement for those Enhancement Technologies will be at least as protective of your privacy as The Gator Corporation's Privacy Statement applicable to you; otherwise, as appropriate, we will utilize a click-thru agreement to obtain your consent, or we will display a message that notifies you of the technology we installed with a link or reference to the applicable privacy statement. http://www.gatorcorporation.com/help/enhancementtechnologies.html, incorporated herein by reference contains a list of current Enhancement Technologies distributed by The Gator Corporation and links to their respective policies. Note that after all GAINWare have been removed from your computer, any Enhancement Technologies that were previously installed (such as browser plug-ins and audio/video players) will remain on your system since, for example, other programs may rely on these Enhancement Technologies to function correctly.
Cookies and Web Beacons
We use cookies for the following purposes:
- To identify the business associate that was responsible for introducing you to GAINWare so that we can pay that business associate a fee;
- To identify which GAINWare are on your computer; and/or
- To limit how often we show you certain advertisements.
In order to enable certain third parties to display targeted advertisements on our behalf, GAINWare or GAIN may read cookie information that those third parties stored on your computer. That information may be sent to our servers so that we can include it in advertisement display requests that we send to those third parties. Please note that when any third party service providers, such as ad servers, set and access their cookies on your computer, they do so in accordance with their own privacy statements. At http://www.gatorcorporation.com/help/thirdparties.html we will provide a list of any third parties who set and access cookies on your computer in order to facilitate a feature or service of GAINWare. This list will also include links to their privacy statements.
Third party service providers that serve ads to GAINWare users, at our request, may use web beacons. Some GAIN (TM) advertisements include "web beacons," which allow third party service providers to access cookies on your system to provide campaign analysis for their clients who use our services. Some third party web sites offer visitors the opportunity to download GAINWare from The Gator Corporation. The Gator Corporation hosts some of the web pages at these third party sites. We use web beacons on these pages to count the number of people who have viewed these pages so that we can pay the third party for any downloads of GAINWare that originate from their web site.
Changes to our Privacy Statement and End User License Agreement
If these Terms and Conditions change in the future, we will not, without your permission, collect, use, or store any personally identifiable information. As we issue subsequent revisions to these Terms and Conditions that do not involve personally identifiable information, we will provide you with notice by displaying an online pop-up message. We will also continue to publish the current Terms and Conditions on our web site.
If you have specific questions regarding the specific terms of these Terms and Conditions, contact us at privacy@gatorcorporation.com. For all other support questions, contact us at support@gatorcorporation.com.
--- End User License Agreement ("Agreement") ---
Terms defined in The Gator Corporation Privacy Statement used in this Agreement will retain the definition provided in The Gator Corporation Privacy Statement. GAINWare, Enhancement Technologies, and GAIN (TM) shall be collectively referred to herein as "Licensed Materials."
Scope of License. The Gator Corporation grants to you a non-exclusive, limited license, pursuant to the terms hereof, to (a) install and use the most current versions of Licensed Materials solely for the purpose of accessing The Gator Corporation and third party provided software and services available through our web site or servers, or the web sites and servers of our business associates, and (b) use Licensed Materials for your personal, non-commercial purposes.
License Restrictions. Your license to an existing version of Licensed Materials may, at The Gator Corporation's discretion, expire when new versions of that Licensed Materials are released. The Gator Corporation reserves the right to add additional features or functions to existing Licensed Materials, or to add new applications to the Licensed Materials, at any time. When installed on your computer, all Licensed Materials that communicate with The Gator Corporation or third party servers do so as described in The Gator Corporation Privacy Statement. Additionally, The Gator Corporation may require the update or automatic distribution of Licensed Materials on your computer when a new version of the Licensed Materials is released to the general public, when new features are available, to deliver promotional offers, and/or to add new applications to the applications that comprise Licensed Materials. This update or new download may occur automatically or through other means. You understand that The Gator Corporation and/or one of our business associates may require your review and acceptance of The Gator Corporation's or their then current privacy statement and/or license agreement before you will be permitted a limited license to any subsequent versions of Licensed Materials.
Notwithstanding the foregoing, The Gator Corporation and its business associates have no obligation to make available to you any subsequent versions of Licensed Materials. You may not distribute or copy (other than for backup purposes) Licensed Materials. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble Licensed Materials equivalent of Licensed Materials in any way. You do not have the right to create derivative works of Licensed Materials, and you agree not to attempt, or allow others to attempt, to reverse engineer Licensed Materials and/or modify Licensed Materials source code. Any and all such modifications or enhancements to Licensed Materials by you, The Gator Corporation, or The Gator Corporation business associates remain the sole property of The Gator Corporation or its business associate. You further agree not to access The Gator Corporation or The Gator Corporation business associate services or software application by any means other than the interface provided by The Gator Corporation or such business associate to access the relevant service. You understand that The Gator Corporation, in its discretion, may modify, discontinue, or suspend your right to access any of the Licensed Materials at any time.
The Gator Corporation reserves all rights in Licensed Materials not expressly granted to you in this Agreement.
Other Restrictions. You may not rent, lend, assign, or lease Licensed Materials, but you may transfer your rights under Gator's Agreement on a permanent basis provided (i) you transfer all copies of the Licensed Materials and The Gator Corporation's Privacy Statement and Agreement; and (ii) the recipient agrees to be bound to The Gator Corporation's Privacy Statement and Agreement. Any transfer must include the most recent product upgrade. Prior to transferring Licensed Materials you must remove the Licensed Materials to be transferred from your machine.
Ownership. You agree that each Licensed Materials is licensed, not sold to you. You agree that Licensed Materials belong to The Gator Corporation, including all intellectual and proprietary rights, unless otherwise specified. The Gator Corporation and/or third party software and service providers retain all right, title and interest in and to Licensed Materials at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Additionally, all content accessed through Licensed Materials is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no rights to such content. Finally, any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by The Gator Corporation at The Gator Corporation's sole discretion; and, The Gator Corporation will have no obligation to you regarding any ideas or inventions that you disclose through such means.
Voluntary Software and Right to Uninstall. You understand that Licensed Materials are voluntary software programs and you may uninstall any of them at any time by using the Microsoft (R) Windows (R) Add/Remove Programs menu in your Microsoft Windows control panel. However, by uninstalling all GAINWare, you will be unable to access The Gator Corporation and/or select third party services. Please note that uninstalling any GAINWare does not uninstall any Enhancement Technologies.
Your Obligations. You represent and warrant that you are the owner of the computer that you have caused GAINWare and GAIN (TM) software to reside on, or the owner of the computer that you have caused GAINWare and GAIN software to reside has granted you all rights and permissions to do so. You agree, with respect to all other users of the computer that you have caused GAINWare and GAIN software to reside, to (i) provide a copy of this Privacy Statement and Agreement to them; and (ii) obtain their consent to this Privacy Statement and Agreement before allowing them to use the computer to view sites on the Internet. You agree not to use any GAINWare and GAIN software in a manner prohibited by law, or in violation of any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in your use of GAINWare and GAIN (TM) software.
Disclaimer of Warranty. USE OF LICENSED MATERIALS, OUR WEB SITE, AND ANY CONTENT AVAILABLE THEREFORE ("GATOR SUPPLIED MATERIALS") IS AT YOUR OWN RISK. THE GATOR CORPORATION PROVIDES GATOR SUPPLIED 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. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. THE GATOR CORPORATION MAKES NO WARRANTY THAT (i) THE GATOR SUPPLIED MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GATOR SUPPLIED MATERIALS WILL BE RELIABLE; (iii) THE GATOR SUPPLIED MATERIALS WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE GATOR SUPPLIED MATERIALS WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE GATOR SUPPLIED MATERIALS WILL BE CORRECTED. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Access and Interference. 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 Gator Supplied Materials. For example, you agree not to use any technology to suppress any advertising with GAIN (TM) branding while retaining the ability to use features or functions provided by GAINWare.
Privacy Statement and Other Policies. You agree to be bound by and comply with The Gator Corporation Privacy Statement applicable to any Licensed Materials, the privacy statements of select third parties applicable to Licensed Materials, and any other policies governing the use of Licensed Materials for which, as appropriate, you have accepted via a click-thru agreement; or have been provided notice. Visit http://www.gatorcorporation.com/help/thirdparties.html to view a list of any third parties who set and access cookies on your computer in order to facilitate a feature or service of GAINWare. This list will also include links to their privacy statements.
Security. You are responsible for maintaining the confidentiality of your Gator (TM) eWallet master password. You are also responsible for all uses of your Gator (TM) eWallet master password and any and all related uses of your information stored in any GAINWare, whether or not authorized by you.
Links. Gator Supplied Materials and GAIN (TM) advertising vehicles with GAIN (TM) branding may contain links to web sites operated by other parties. The linked web sites are not under the control of The Gator Corporation, and The Gator Corporation is not responsible for the content available on any other Internet sites so linked. Unless otherwise stated, such links do not imply The Gator Corporation's endorsement of material on any other web site, and The Gator Corporation disclaims all liability with regard to your access to such linked web sites. Your access to any other Internet sites linked as herein described is at your own risk.
Unless otherwise set forth in a written agreement between you and The Gator Corporation, you must adhere to The Gator Corporation's linking statement as follows: (i) any link to The Gator Corporation's Web Site must be a text only link clearly marked "The Gator Corporation Web Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Gator Corporation's names and trademarks, (iii) the link must "point" to the URL http://www.gatorcorporation.com/ and not to other pages within The Gator Corporation Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with The Gator Corporation, Inc., (v) when selected by a user, the link must display The Gator Corporation Web Site on full-screen and not within a "frame" on the linking web site, and (vi) The Gator Corporation reserves the right to revoke its consent to the link at any time and in its sole discretion.
Termination. You may terminate The Gator Corporation Privacy Statement and Agreement at any time by uninstalling all GAINWare from your computer using the Add/Remove Programs menu in your Microsoft (R) Windows (R) control panel, and destroying any other copies of GAINWare you may have made.
Limitation of Liability. IN NO EVENT WILL THE GATOR CORPORATION, ITS EMPLOYEES, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS 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 GATOR CORPORATION PRIVACY STATEMENT, END USER LICENSE AGREEMENT, OR YOUR USE OR INABILITY TO USE LICENSED MATERIALS OR GATOR SUPPLIED MATERIALS, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR THE GATOR CORPORATION PRIVACY STATEMENT EXCEED THE REVENUE RECEIVED BY THE GATOR CORPORATION ATTRIBUTABLE TO YOUR USE OF GAINWARE.
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 Gator Corporation's liability shall be limited to the extent permitted by law.
No Protected Parties Liability. 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 Licensed Materials may be used by you; (ii) any results of using Licensed Materials; (iii) any use of other than a current unaltered release of Licensed Materials; or (iv) the combination, operation or use of any Licensed Materials furnished hereunder with non-Licensed Materials if such infringement would have been avoided by avoidance of the combination, operation, or use of the Licensed Materials with other programs, data, or other materials.
Export Controls. Licensed Materials 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) 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 GAINWare, you are 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.
Applicable Law. The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Santa Clara or San Mateo County, California. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
Arbitration. Any claim or controversy arising out of or related to this Agreement, The Gator Corporation Privacy Statement, Licensed Materials, or Gator Supplied Materials shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude The Gator Corporation from seeking any injunctive relief in State or Federal courts for protection of The Gator Corporation's intellectual property rights.
Successor Agreements. The terms of this Agreement and/or The Gator Corporation Privacy Statement may change in the future. In such case, and when appropriate, The Gator Corporation will obtain your consent prior to the new document going into effect.
In most cases, The Gator Corporation will provide you with an on-line pop-up window notice informing you that changes have been made to the documents and will provide you either with an active link, or inactive URL address, that you can use to view a web page containing the revised documents (or leading you to the appropriate documents). The Gator Corporation will always post The Gator Corporation's most current Privacy Statement and Agreement on The Gator Corporation's web site that can be accessed at http://www.gatorcorporation.com/help/privacy-help.html.
You agree that after receipt of such change notice, you consent to The Gator Corporation's revised Privacy Statement and/or Agreement unless you uninstall all GAINWare from your computer, and destroy all copies of same you may have created. Failure to uninstall and destroy all GAINWare from your computer will be deemed an acceptance of the terms of The Gator Corporation's most current Privacy Statement and/or Agreement for which you have given your consent, or for which you have been given notice, as appropriate. Except as provided in this section, this Agreement may not be revised except in writing signed by all relevant parties.
U.S. Government Restricted Rights. Licensed Materials are provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions 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.
General. This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and The Gator Corporation with respect to the subject matter hereof. 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 or impaired thereby. The Gator Corporation shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of The Gator Corporation. Except as described herein, you may not assign this Agreement without our consent.
Effective: December 2001
Gator and GAIN are trademarks of The Gator Corporation.
Microsoft Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries.
