[This is an UNOFFICIAL copy of the GATOR license agreement which I extracted from the binary - Seth Finkelstein ]
PLEASE READ THE GATOR CORPORATION PRIVACY STATEMENT AND END USER
LICENSE AGREEMENT (COLLECTIVELY "Terms and Conditions") CAREFULLY AND
MAKE SURE YOU UNDERSTAND THEM. THEY CONTAIN IMPORTANT INFORMATION THAT
YOU SHOULD KNOW BEFORE ACCEPTING ANY GAIN-Supported Software (DEFINED
BELOW).
THESE Terms and Conditions MAY BE TERMINATED AT ANY TIME BY REMOVING
ALL GAIN-Supported Software FROM THE COMPUTER ON WHICH THEY RESIDE
USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT(r) WINDOWS(r)
CONTROL PANEL, AND DESTROYING ANY OTHER COPIES OF GAIN-Supported
Software THAT MAY HAVE BEEN MADE. SOON AFTER ALL GAIN-Supported
Software HAS BEEN REMOVED THE GAIN AdServer WILL REMOVE ITSELF
AUTOMATICALLY. http://webpdp.gator.com/gain/32/about-gain-01.html,
INCORPORATED HEREIN BY REFERENCE, GENERATES A LIST OF GAIN-Supported
Software THAT RESIDES ON THE COMPUTER THAT IS USED TO ACCESS THE LINK.
The Gator Corporation
Privacy Statement and End User License Agreement
("Terms and Conditions")
The Gator Corporation ("TGC") provides personal computer users with a
winning proposition: the ability to get advertising-supported versions
of popular software applications (often valued at up to $30)
free-of-charge or at a reduced cost. Downloading or installing these
ad-supported software applications requires acceptance of these Terms
and Conditions which allows TGC to download and install the "GAIN
AdServer" software, which delivers advertising, software, and various
informational messages to computer screens ("GAIN Ads").
The GAIN AdServer is patent-pending technology that identifies the
interests of anonymous computer users based on their computer usage
and web surfing behavior, including the URLs of Web pages viewed by
users and other criteria. The GAIN AdServer displays GAIN Ads on
computer screens on behalf of TGC's advertising clients. TGC's
advertising clients may be competitors of the publishers whose Web
pages users may be viewing, or may have recently viewed.
"GAIN-Supported Software" is published by TGC, as well as third-party
software publishers. For a list of GAIN-Supported Software published
by TGC, direct a computer internet browser to
http://www.gatorcorporation.com/ourproducts/. At any time, you can see
a list of all GAIN-Supported Software residing on a computer by
directing that computer's internet browser to
http://webpdp.gator.com/gain/32/about-gain-01.html.
Unless otherwise specified, these Terms and Conditions apply to the
GAIN AdServer and GAIN-Supported Software published by TGC ("TGC
GAIN-Supported Software") but do not apply to GAIN-Supported Software
published by third parties. Third-party GAIN-Supported Software is
governed by that third-party's legal agreements.
These Terms and Conditions shall control in the event of any
inconsistency between these Terms and Conditions and any prior Gator
Corporation terms and conditions agreed to.
--- Privacy Statement ---
We don't know who our users are...
TGC does not know the identity of GAIN-Supported Software users. We do
not transmit to our servers personally identifiable information like
email addresses, last name, street addresses, or phone numbers. Nor do
we have any other sensitive or personal financial information, such as
credit card numbers, login IDs, passwords or bank account numbers. Any
such information entered into any TGC GAIN-Supported Software
application (such as the GatorSM eWallet) will remain on the personal
computer upon which it was entered, and will not be sent to our
servers.
Here's what we do know...
While we don't know the identity of GAIN-Supported Software users, the
GAIN AdServer and TGC does collect and use the following kinds of
anonymous information:
- Some of the Web pages viewed
- The amount of time spent at some Web sites
- Response to GAIN Ads
- Standard web log information (excluding IP Addresses) and system settings
- What software is on the personal computer
- First name, country, and five digit ZIP code
- Non-personally identifiable information on Web pages and forms
- Software usage characteristics and preferences
For more information,
http://www.gatorcorporation.com/help/psdocs/datause.html, incorporated
herein by reference, provides a more detailed description of the
information collected by TGC and how it is used.
Here's what we do with it...
We associate the anonymous information we collect with a particular
computer through a randomly generated Anonymous ID number to
accomplish the following:
- Enable the functionality provided in TGC GAIN-Supported Software applications (for example, when to offer help - filling in a form or when to reset the personal computer's clock to the accurate time)
- Select and deliver installation files for optional new software applications
- Select GAIN Ads to display to GAIN-Supported Software users' computer screens. GAIN Ads may be displayed on behalf of advertisers who may be competitors of the publishers of the Web pages you are viewing or have recently viewed.
Any information provided to any TGC employees or contractors, such as our technical support department, may be stored on our servers in archives of our support and customer service department. This information, however, will not be associated with the information we may store and use listed above.
We share anonymous aggregate information about what Web pages users
view on the Internet. For example, we might tell a merchant that we
have 50,000 users who buy books. We do 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 TGC merges with another company,
transfers or sells substantially all of its assets or capital stock to
a third party, all collected information 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.
How we distribute GAIN(sm)-Supported Software and the GAIN(sm) AdServer...
All GAIN-Supported Software comes with the GAIN AdServer. The
distribution of GAIN-Supported Software may occur in several different
ways including: a) by downloading software from a Web site; b) by
clicking to download software from online advertising
(patent-pending); and c) through trial programs in which
GAIN-Supported Software are included as an "opt-out" option with other
software products one might choose to download.
http://www.gatorcorporation.com/help/psdocs/distribution.html, incorporated herein by reference, provides more detail about the distribution of GAIN-Supported Software and the GAIN AdServer.
GAIN Ads contain the GAIN name and/or logo...
GAIN Ads contain the name "GAIN" in the title bar and/or the GAIN logo
in the advertisement. The GAIN brand is displayed to inform users
that GAIN Ads come from TGC and are not associated, sponsored, or
affiliated in any way with any other Web pages being viewed by
users. The logo and/or GAIN name distinguishes GAIN Ads from all other
advertisements.
How we display GAIN(sm) Ads...
GAIN Ads will only be displayed on a
computer's screen or storage media if one or more GAIN-Supported
Software programs reside on that computer. Many GAIN Ads are displayed
on computer screens on behalf of advertisers who compete with the
company whose Web pages the GAIN-Supported Software user may be
viewing or may have recently viewed.
TGC displays GAIN Ads on computer screens in a variety of ways. The GAIN Ad formats we may use include, among others, the following:
- Pop-Up Windows appear as windows on top of or beneath other windows on the computer screen.
- Pop-Up Slider Windows appear as floating images on top other windows on the computer screen.
- Embedded Ads are displayed within some GAIN-Supported Software applications.
- Desktop icons and installation files may be placed on the computer that link to products and services.
http://www.gatorcorporation.com/help/psdocs/advehicles.html, incorporated herein by reference, more fully describes some of these GAIN Ad formats.
How to Control the Display of GAIN(sm) Ads...
Some GAIN ad formats offer user preference settings that allow
consumers to control some aspects of the display of GAIN Ads. These
user preference settings may be found by clicking on the question (?)
box at the top right of the title bar of certain GAIN Ads.
How to Stop the Display of GAIN(sm) Ads...
To stop GAIN Ads from being displayed one must remove all of the
GAIN-Supported Software applications residing on the computer using
the Add/Remove Programs menu in the Microsoft Windows control
panel. Users can view a list of all GAIN-Supported Software on their
computer, along with removal instructions, in a variety of locations
including: (i) through the 'start," "programs," "GAIN," "About GAIN"
menu entry (via a hypertext link), (ii) by clicking on the question
(?) box at the top right of the title bar of certain GAIN Ads, and
(iii) via TGC's web site at
http://webpdp.gator.com/gain/32/about-gain-01.html.
How TGC GAIN-Supported Software and the GAIN(sm) AdServer Work...
When running on a computer, TGC GAIN-Supported Software and/or the
GAIN AdServer regularly communicate with TGC servers, and in some
cases, third party servers, among other reasons, to:
1. maintain/update the GAIN-Supported Software or the GAIN AdServer;
2. facilitate installing and removing the GAIN-Supported Software or the GAIN AdServer;
3. retrieve content and ads for display;
4. facilitate various TGC GAIN-Supported Software or GAIN AdServer features;
5. collect anonymous computer user usage information; and/or
6. update user information.
http://www.gatorcorporation.com/help/psdocs/communications40.html, incorporated herein by reference, provides more detail regarding communications between a computer and other computers arising from use of TGC GAIN-Supported Software and the GAIN AdServer.
To introduce new GAIN-Supported Software applications and services to
computers' with existing GAIN-Supported Software, we will display a
message to the computer screen asking whether the new software is
desired. If a user chooses to receive the new software by clicking on
the message, we will download the software to that computer. In some
cases we will install/setup the software automatically. In other cases
the installation/setup of the software is designed to be handled by
the user of that computer. In either case, we will provide
notification when the download is complete and provide instructions on
how to proceed.
To improve the features or functions of the GAIN AdServer or TGC or
third-party GAIN-Supported Software, 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 on a computer
Enhancement Technologies developed by a third party, that third
party's privacy statement for those Enhancement Technologies will be
at least as protective of privacy as TGC's Privacy Statement;
otherwise we will display to the computer screen a notification
message describing the technology we installed with a link or
reference to the applicable privacy statement, or utilize a
click-through agreement to obtain user consent, as appropriate.
http://www.gatorcorporation.com/help/psdocs/enhancementtechnologies.html,
incorporated herein by reference, contains a list of current
Enhancement Technologies distributed by TGC and links to their
respective policies. Note that soon after all GAIN-Supported Software
has been removed from a computer, the GAIN AdServer removes itself
automatically. Any Enhancement Technologies that were previously
installed (such as browser plug-ins and audio/video players) will
remain on the computer because other programs may rely on these
Enhancement Technologies to function correctly.
How we use cookies and web beacons...
TGC GAIN-Supported Software and/or the GAIN AdServer uses cookies for the following purposes:
- To identify the business associate that was responsible for introducing GAIN-Supported Software so that we can pay that business associate a fee;
- To identify the GAIN-Supported Software on the computer; and/or
- To limit how often we display GAIN Ads.
In order to enable certain third parties to display targeted ads and
informational messages on our behalf, the GAIN AdServer or TGC
GAIN-Supported Software may read cookie information that those third
parties stored on the 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 serving companies, set and access
cookies at our request, they do so in accordance with their own
privacy statements.
http://www.gatorcorporation.com/help/psdocs/thirdparties.html,
incorporated herein by reference, provides a list of any third parties
who set and access cookies on the computer in order to facilitate a
feature or service associated with GAIN-Supported Software. This list
also includes links to their privacy statements.
Third party service providers that serve ads to users, at our request,
may use web beacons. Some GAIN Ads include "web beacons," which allow
third party service providers to access cookies on a computer to
target ads and provide campaign analysis for their clients who use our
services. Some third party service providers who access cookies in
this way allow consumers to opt-out of their use of these cookies.
http://www.gatorcorporation.com/help/psdocs/naisite.html, is a third
party Web site that allows consumers to inform some advertisers they
wish to revoke the right of those advertisers to access cookies on a
computer.
Some third parties offer visitors the opportunity to download TGC
GAIN-Supported Software from their Web sites. TGC hosts some of the
Web pages for these third parties. 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 parties for any downloads of TGC GAIN-Supported
Software that originate from their Web sites.
How we use optional surveys...
Users who remove TGC GAIN-Supported Software from their computers may
be asked why the software is being removed. Responding to such survey,
however, is entirely optional and will not affect a user's ability to
remove any TGC GAIN-Supported Software. Also, from time to time, we
may display a GAIN branded pop-up advertisement from Feedback
Research, a division of TGC, inviting users to join a survey panel or
participate in a survey. A survey panel is a group of people that
meet a certain criteria that are periodically asked for their
opinions. Participation in a survey panel is completely voluntary and
optional.
Eligibility for joining a panel or taking a survey may require a
person to answer demographic "screening" questions such as gender,
age, employment status, income range, educational level, head of
household, the number of people in their family, and/or whether they
own or rent their home. Answers to these screening questions and/or
to the Feedback Research survey questions are often stored on Feedback
Research servers, and anonymous individual responses to these
questions may be provided to our clients. Answers to both screening
questions and survey questions may be associated with an Anonymous ID,
but not with a user's identity which remains unknown to Feedback
Research and TGC.
Finally, Feedback Research may offer users the opportunity to provide
an email address in order to enter a sweepstakes. The sole purpose of
collecting this email is to contact them if they win. To ensure their
privacy, any email address provided to Feedback Research for this
reason are sent directly to a third party contractors' servers to
ensure they are stored separate from, and cannot be associated in any
way with, Anonymous IDs or the answers to Feedback Research screening
or survey questions.
Changes to our Privacy Statement and End User License Agreement
If these Terms and Conditions change in the future, we will not,
collect, use, or store any personally identifiable information without
first obtaining permission. As we issue subsequent revisions to these
Terms and Conditions that do not involve personally identifiable
information, we will provide notice by displaying an online pop-up
message. We will also continue to publish the current Terms and
Conditions on our web site.
For support questions contact us at support@gatorcorporation.com. For
specific questions regarding the specific terms of these Terms and
Conditions, contact us at privacy@gatorcorporation.com.
--- End User License Agreement ("Agreement") ---
Terms defined in the TGC Privacy Statement used in this Agreement will
retain the definition provided in the TGC Privacy Statement. The GAIN
AdServer and TGC GAIN-Supported Software shall be collectively
referred to as "Licensed Materials." Licensed Materials, any Web
sites owned and operated by us, and any content available therefore
shall be collectively referred to as "Gator Supplied Materials."
Ownership
All Users of This Computer Bound. You represent and warrant that you
are the owner of the computer and that you have authorized the
download and installation of the GAIN AdServer and GAIN-Supported
Software, or that the owner of the computer has authorized you to do
so. You agree, with respect to all other users of the computer that
you have caused the GAIN AdServer and GAIN-Supported Software to
reside, to (i) provide a copy of the TGC Privacy Statement and End
User License Agreement; and (ii) to obtain their consent to same
before allowing them to use the computer to view Web sites on the
Internet. Alternatively, if you have the legal right to accept this
Agreement on behalf of one or more users of the computer that you have
caused the GAIN AdServer and GAIN-Supported Software to reside, then
you hereby accept this Agreement on behalf of all such other
users. Also, you agree not to use the GAIN AdServer, or GAIN-Supported
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 the GAIN
AdServer and GAIN-Supported Software.
Access and Interference
You agree that you will not use, or encourage others to use, any
unauthorized means for the removal of the GAIN AdServer, or any
GAIN-Supported Software from a computer. For a list of authorized
means for the removal of GAIN-Supported Software, view
http://webpdp.gator.com/gain/32/about-gain-01.html. You also agree
that you will not use, or encourage others to use, any robot, spider,
other automatic or non-automatic manual device or process intended to
interfere or attempt to interfere with the proper working of any Gator
Supplied Materials, or third party GAIN-Supported Software. You agree
not to use any means to avoid the display of any GAIN Ads while
retaining the ability to use any GAIN-Supported Software.
Voluntary Software and Right to Remove
You understand that the presence of any GAIN-Supported Software on any
computer is voluntary and you may remove any of them from your
computer at any time. To stop receiving GAIN Ads all of the
GAIN-Supported Software programs residing on the computer must be
removed. Users can view a list of all GAIN-Supported Software on their
computer, along with instructions for its removal, in a variety of
locations including: (i) through the "start," "programs," "GAIN,"
"About GAIN" menu entry (via a hypertext link), (ii) by clicking on
the question (?) box at the top right of the title bar of certain GAIN
Ads, and (iii) via TGC's web site at
http://webpdp.gator.com/gain/32/about-gain-01.html, incorporated
herein by reference. If you know what GAIN-Supported Software resides
on the computer, you can simply use the Microsoft( Windows( Add/Remove
Programs menu in your Microsoft Windows control panel. Thereafter, the
GAIN AdServer will remove itself. Please note that removing all
GAIN-Supported Software does not necessarily remove any Enhancement
Technologies (as described above).
Termination
These Terms and Conditions may be terminated at any time, by any user,
by removing all GAIN-Supported Software from the computer using one or
more of the above described removal methods and destroying any other
copies of the GAIN AdServer and GAIN-Supported Software you may have
made.
Security
Users of the GatorSM eWallet, are solely responsible for maintaining
the confidentiality of their GatorSM eWallet master password. They are
also responsible for all uses of their GatorSM eWallet master password
and any and all related uses of their information stored in any TGC
GAIN-Supported Software, whether or not authorized by them.
Links
Gator Supplied Materials and GAIN Ads that are displayed on a computer
screen may contain links to web sites operated by other parties. These
linked web sites are not under the control of TGC, and TGC is not
responsible for the content available on any other Internet sites so
linked. Unless otherwise stated, such links do not imply TGC's
endorsement of material on any other web site. Access to any other
Internet sites linked as herein described is at the users own risk.
Unless otherwise set forth in a written agreement between you and TGC,
in order to link to one or more of TGC's Web Site(s) you must adhere
to TGC's linking statement as follows: (i) any link to TGC's Web Site
must be a text only link clearly marked "TGC 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 TGC's names and
trademarks, (iii) the link must "point" to the URL
http://www.gatorcorporation.com/ and not to other pages within TGC 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 TGC, Inc., (v)
when selected by a user, the link must display TGC Web Site on
full-screen and not within a "frame" on the linking web site, and (vi)
TGC reserves the right to revoke its consent to the link at any time
and in its sole discretion.
Scope of License
TGC grants 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 and using GAIN-Supported
Software 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
TGC's discretion, expire when new versions of Licensed Materials are
released. TGC 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 TGC or third
party servers do so as described in TGC Privacy
Statement. Additionally, TGC 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 display 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 TGC and/or one of our
business associates may require your review and acceptance of TGC'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, TGC 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, TGC, or TGC business associates remain
the sole property of TGC or its business associate. You further agree
not to access TGC or TGC business associate services or software
application by any means other than the interface provided by TGC or
such business associate to access the relevant service. Without
limiting TGC's rights, you understand that TGC, in its discretion, may
modify, discontinue, or suspend your right to access any of the
Licensed Materials at any time; provided, however, in the event that
TGC makes such modification, discontinuance, or suspension of your
right to access any of the Licensed Materials, you may terminate your
obligation to receive GAIN Ads, and this Agreement, by removing all
GAIN Supported Software as provided hereunder.
TGC 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 these Terms and Conditions on a
permanent basis provided (i) you transfer all copies of the Licensed
Materials and these Terms and Conditions; and (ii) the recipient
agrees to be bound to these Terms and Conditions. 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 all Licensed Materials are licensed, not sold to
you. You agree that Licensed Materials belong to TGC, including all
intellectual and proprietary rights, unless otherwise specified. TGC
retains 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 TGC at TGC's sole discretion; and, TGC will have
no obligation to you regarding any ideas or inventions that you
disclose through such means.
Disclaimer of Warranty
USE OF Gator Supplied Materials IS AT YOUR OWN RISK. TGC 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. TGC ALSO
DISCLAIMS ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB SITES
THAT MAY BE LINKED FROM ANY GATOR SUPPLIED MATERIALS. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. TGC 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.
Limitation of Liability
IN NO EVENT WILL TGC, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT
BUSINESS ASSOCIATES, ADVERTISERS, THIRD PARTY DEVELOPERS OR
DISTRIBUTORS OF GAIN-SUPPORTED SOFTWARE, OR ANY OF THE FOREGOING
ENTITIES OFFICERS, DIRECTORS, EMPLOYEES, OR AGENT (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 TGC 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 TGC PRIVACY STATEMENT, EXCEED THE
LESSER OF $100 OR THE REVENUE ACTUALLY RECEIVED BY TGC DIRECTLY
ATTRIBUTABLE TO THE GAIN AdServer.
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, Protected Parties 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 arising from: (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.
Privacy Statement and Other Policies
You agree to be bound by and comply with the TGC Privacy Statement
applicable to any Licensed Materials, the privacy statements
applicable to third party GAIN-Supported Software, 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/psdocs/thirdparties.html to view
a list of any third parties, if any, who set and access cookies on
your computer in order to facilitate a feature or service of the GAIN
AdServer or TGC GAIN-Supported Software. This list will also include
links to their privacy statements.
Export Controls
The GAIN AdServer, GAIN-Supported Software, 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, Sudan, 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 the GAIN AdServer or GAIN-Supported Software, 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 these Terms and
Conditions, Licensed Materials, Gator Supplied Materials, or any
GAIN-Supported Software 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 TGC from seeking any injunctive relief in
State or Federal courts for protection of TGC's intellectual property
rights.
Successor Agreements
These Terms and Conditions may change in the future. In such case, and
when appropriate, TGC will obtain your consent prior to the new
document going into effect.
In most cases, TGC 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). TGC will always post
its most recent Privacy Statement and End User License Agreement on
TGC's web site that can be accessed at
http://www.gatorcorporation.com/help/psdocs/privacy-help.html.
You agree that after receipt of such change notice, you consent to
TGC's revised Terms and Conditions unless you remove all
GAIN-Supported Software from your computer, and destroy all copies of
same you may have created. Failure to remove and destroy all
GAIN-Supported Software from your computer will be deemed an
acceptance of the terms of TGC's most current Terms and Conditions for
which you have given your consent, or for which you have been given
notice, as appropriate. Except as provided in this section, these
Terms and Conditions 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
These Terms and Conditions, 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 TGC 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. TGC 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 TGC. Except as described
herein, you may not assign this Agreement without our explicit
consent.
Effective: December 2002
TGC, Gator, GAIN, Gator eWallet, Offer Companion, Precision Time, Date
Manager, and Weatherscope are marks of The Gator Corporation. The use
of the mark Gator, alone, is strictly prohibited.
Microsoft Windows is either a registered trademark or a trademark of
Microsoft Corporation in the United States and/or other countries.