THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND WURLD MEDIA, INC. IN DOWNLOADING THE BUYERSPORT(tm) SHOPPING COMMUNITY SOFTWARE (THE "LICENSED PRODUCT") YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD THE BUYERSPORT(tm) SHOPPING COMMUNITY SOFTWARE
Scope of License.
WURLD Media Inc. grants to you a non-exclusive, non-transferable limited license, pursuant to the terms hereof, to (a) install the Licensed Product solely for the purpose of accessing the web sites and servers of WURLD Media Inc. and our business associates, and (b) use the Licensed Product for your personal, non-commercial purposes with one central processing unit at any one time. You do not receive any, and WURLD Media Inc. retains all, ownership rights in the Licensed Product. WURLD Media Inc. reserves all rights in the Licensed Product not expressly granted to you in this Agreement.
License Restrictions.
You may not copy, reverse engineer, translate, port, modify or make derivative works of the Licensed Product. You may not disclose, publish, sell, assign, lease, sublicense, market or transfer the Licensed Product or use it in any manner not expressly authorized by this Agreement. You shall not attempt to derive the source code, source files or structure of all or any portion of the Licensed Product by reverse engineering, disassembly, decompilation or any other means and shall not use the Licensed Product to create a service bureau or for any other use involving processing of data of other persons or entities.
The Licensed Product is copyrighted and may not be copied, even if modified or merged with other products. You shall not remove any copyright notice or proprietary legend contained in the Licensed Product.
Your Age.
You represent and warrant that you are at least 18 years of age. You hereby agree to supervise the use of the Licensed Product by any minors who use your computer.
Termination.
You understand that WURLD Media, in its discretion, may modify, discontinue, or suspend your right to use the Licensed Product at any time. You may uninstall the Licensed Product from your computer using the Add/Remove Programs menu in your Microsoft(r) Windows(r) control panel. However, by uninstalling, you will be unable to obtain the advantages of the Morpheus(tm) Shopping Community
To manually uninstall the Licensed Product you can either delete and/or unregister a single dll. Follow the instructions below to accomplish this;
To Unregister the dll;
Click on the Windows Start button, then Run...
In the "Open:" dialog box,
For NT, XP or 2000 type: "regsvr32 /u "c:\winnt\system32\mbho.dll"
For Windows 95, 98 type: "regsvr32 /u "c:\windows\system\mbho.dll"
You should then receive a message box the reports, "RegSvr32... DllUnregisterServer in c:\winnt\system32\mbho.dll succeeded". (DllUnregisterServer in c:\windows\system\mbho.dll succeeded"
The easiest way to delete the files is to click on the Windows Start button, then Search, Find Files or Folders... Search for "mbho.dll" and delete it.
The Licensed Product also uses the file msc020807.de to identify which merchants are participating, once the mbho.dll is no longer being utilized, this file may also be deleted in the same manner.
However, by uninstalling, you will be unable to obtain the advantages of the Licensed Product.
New Versions.
You understand that WURLD Media requires acceptance of WURLD Media's then current privacy statement and/or license agreement before you will be permitted a limited license to any such subsequent versions of the Licensed Product. WURLD Media reserves the right to add additional features or functions to the Licensed Product, or to add new applications to the Licensed Product, at any time. Users are under no obligation to accept changes or updates to the Licensed Product and will only become subject to such changes following their active acceptance of such updates, changes or additions. WURLD Media may require the update or distribution of the Licensed Product when a new version of the Licensed Product 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 the Licensed Product. Notwithstanding the foregoing, WURLD Media and its business associates have no obligation to make available to you any subsequent versions of the Licensed Product.
Ownership.
You agree that the Licensed Product is licensed, not sold to you. You agree that the Licensed Product belongs to WURLD Media Inc, including all intellectual and proprietary rights. WURLD Media and/or third party software and service providers retain all rights, title and interest in and to the Licensed Product 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 the Licensed Product 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 disclose to us through any means will be used, or not used, by WURLD Media Inc. at WURLD Media's sole discretion and WURLD Media Inc. will have no obligation to you regarding any ideas or inventions that you disclose through such means.
Your Obligations.
You represent and warrant that you are the owner of the computer that you have caused the Licensed Product to reside on, or that the owner of the computer that you have caused the Licensed Product to reside on 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 the Licensed Product to reside on, to (i) provide a copy of this Agreement to them; and (ii) obtain their consent to this Agreement before allowing them to use the computer to view sites on the Internet. You agree not to use the Licensed Product 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 the Licensed Product.
Disclaimer of Warranty.
USE OF THE LICENSED PRODUCT IS AT YOUR OWN RISK. WURLD MEDIA PROVIDES THE LICENSED PRODUCT ON AN "AS IS," "WITH ALL FAULTS," 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. THE LICENSED PRODUCT IS COMPLEX AND MAY CONTAIN NON-CONFORMITIES, DEFECTS, OR ERRORS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WURLD MEDIA INC. ALSO DISCLAIMS ANY WARRANTY THAT (i) THE LICENSED PRODUCT WILL OPERATE IN AN ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED PRODUCT WILL BE RELIABLE; (iii) WURLD MEDIA INC. WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE LICENSED PRODUCT WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE LICENSED PRODUCT 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 the Licensed Product.
Function.
The Licensed Product operates as a browser extension that allows shopping community members to be identified by participating merchants with an anonymous user specific id. As merchants report purchase data to Wurld Media, this id can be matched up with confidential user records to allow Wurld Media to privately report available cash rebates and rewards back to its members on a periodic basis. Confidential user records are created when users voluntarily submit valid personal information within the "Account Page" portion of the Shopping Community. Users who do not claim their accrued cash through registration at the provided "Account Page" and establish a Confidential User record through such registration will automatically forgo their claim to any such cash and have their cash donated anonymously to a charitable organization of WURLD Media's choosing. The Licensed Product has the ability to inform members that they have navigated to a participating merchant, and offers them the option to be identified to the participating merchant as a shopping community member in order to be eligible to receive any available cash rebates and rewards. The user can opt to configure the Licensed Product to automatically identify them to participating merchants as a shopping community member in order to be eligible to receive any available cash rebates and rewards. The Licensed Product has the ability to display relevant program information to our members. As exclusive offers and programs are presented to WURLD Media Inc. or partner sites, we will present them to our users. WURLD Media's goal is to present useful product information and advertising to our members and continue to provide opportunities for our members to earn cash rebates, incentives, and product discounts. WURLD Media offers are delivered independently from the site the user happens to be visiting and are not endorsed or affiliated with anyone other than WURLD Media. By downloading the Licensed Product you give permission to WURLD Media to display contextual information, offers, and program information. WURLD Media does NOT capture or transmit ANY history of URLS visited by the user. WURLD Media does NOT assemble personally identifiable profiles of our users and personally identifiable information is NOT required in order to use the Licensed Product. Mac users will Not be able to earn cash rewards through the Licensed Product; currently the program only works on Windows platforms running Microsoft Internet Explorer 5.01 or higher.
Privacy Statement and Other Policies.
For a description of our current policy with respect to the use of information, visit our website at http://www.wurldmedia.com/privacy. WURLD Media reserves the right to change its privacy from time to time in the future by incorporating such changes in the privacy policy posted at http://www.wurldmedia.com/privacy. The Licensed Product is not directed at children under age 13 and WURLD Media does not collect information from children who we actually know are under the age of 13. The Licensed Product may be used to access third party websites which are not under the control of WURLD Media. WURLD Media Inc. is not responsible for the use by the operators of those third party websites of any personally identifiable information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at those third party websites.
Websites Accessed.
The web sites accessed by the Licensed Product are not under the control of WURLD Media Inc., and WURLD Media Inc. is not responsible for the content available on any Internet sites so accessed. WURLD Media Inc. disclaims all liability with regard to your access to such web sites. Your access to any such sites is at your own risk. Without limiting the general nature of the foregoing, WURLD Media does not guarantee, warrant, or endorse any product or service sold by any of its business associates, nor does WURLD Media have any liability or responsibility for the quality or performance of any product or service sold to you by any merchant. The purchase of any product or service from a merchant is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant.
DISCLAIMER OF LIABILITY. IN NO EVENT WILL WURLD MEDIA INC., ITS EMPLOYEES, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION OR FOR ANY LOSS, INJURY OR DAMAGE, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OF THE LICENSED PRODUCT, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, WURLD Media's liability shall be limited to the extent permitted by law.
Export Controls.
The Licensed Product 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. You agree to comply with these restrictions 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 New York 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 located in Albany County, New York. 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 or the Licensed Product 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 WURLD Media from seeking any injunctive relief in State or Federal courts for protection of WURLD Media's intellectual property rights.
Successor Agreements.
The terms of this Agreement and/or WURLD Media's privacy policy may change in the future. In such case, and when appropriate, WURLD Media will obtain your consent prior to the new document going into effect. WURLD Media will always post WURLD Media's most current Privacy Statement and Agreement on The WURLD Media's web site that can be accessed at http://www.wurldmedia.com.
U.S. Government Restricted Rights.
The Licensed Product is 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. Manufacturer is WURLD Media Inc., 63 Putnam Street, Saratoga Springs, New York 12866. Telephone (518) 691-1100. The information is copyright (c) 2002 by WURLD Media Inc.. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state, or local law, the information is trade secret and proprietary commercial data and not subject to disclosure.
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 WURLD Media Inc. 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. WURLD Media 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 WURLD Media. Except as described herein, you may not assign this Agreement without our consent.
Effective: August 2002
Microsoft(r) Windows(r) is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries.
