End User License Agreement
Last Revised August 31, 2006
NOTICE TO USER: THE USE OF THIS FREE PRODUCT (“SOFTWARE”) PROVIDED BY AIS NETWORK, INC. ("PUBLISHER") IS SUBJECT TO THIS END USER LICENSE AGREEMENT (“AGREEMENT”). BY INSTALLING AND/OR USING THIS SOFTWARE AND/OR BY CLICKING "ACCEPT," "FINISH," "CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED AND NEGOTIATED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
By installing the Software you will receive a limited number of advertisements that will pop up on your screen in a separate browser branded by the Publisher. These advertisements will based be on the content of the websites you visit.
1. Your Representations. You must be at least 18 years of age to use this Software. By installing and/or using this Software and/or clicking “accept,” “finish,” “continue” or a similar acknowledgement below, you represent and warrant that: (1) you are at least 18 years old; (2) You own the computer on which you are installing the software or the owner of the computer has authorized you to do so; and (3) you are installing the Software of your own volition, in other words, Publisher is not causing the Software to be installed on your computer with your informed consent.
2. Software License. Subject to the terms and conditions of this Agreement, Publisher grants to you a non-exclusive, nontransferable, revocable license to use this Software for your personal, non-commercial use. The Software shall include any bug fixes, upgrades, modified versions or updates. In the event, Publisher choices to provide you with an update, the update will be automatically installed by the Software on to your computer. The Software is the intellectual property of, and owned by, Publisher and its licensors and suppliers. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software, and all rights not expressly granted are reserved by Publisher and its licensors and suppliers.
3. License Restrictions. You will: (i) not redistribute, lend, license, sublicense grant or otherwise transfer the rights to the Software; (ii) not reverse engineer, disassemble or decompile the Software or attempt to discover or recreate the source code to the Software, except as otherwise required by applicable law; (iii) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Software; (iv) comply with all applicable laws, including U.S. export control laws, in your use of the Software,; and (v) not remove or alter any legal notices, such as trademark or copyright notices, affixed on or within the Software or any accompanying documentation.
4. The Software . The Software is a free application that shows you advertisements in the form of pop-ups based upon the content of the websites you visit. Once you have installed the Software and restarted your computer, the advertisements will appear in a separate browser which is branded by Publisher so will know that the advertisement is brought to you by Publisher and not the owner of the web page you may be viewing when the advertisement is displayed. The frequency of the advertisements will vary depending on your use of the internet. You may receive adult oriented advertisements if you search for or view adult oriented websites. The Software may at times be bundled with third parties software. It is your responsibility to view the End User License Agreement that corresponds with the third parties software you are installing on your computer.
5. Your Privacy. The Software neither stores any personally identifiable information nor records your browsing behavior. The Publisher’s Privacy Policy is available at http://targetsaver.com/privacy.html. Publisher reserves the right to change its Privacy Policy without notice to you. Your use of the Software following the posting of such changes will constitute your acceptance to same.
6. Un-installation. You may remove the Software from your computer at any time. The Software may be uninstalled by going to the "Add/Remove Programs" menu on your computer and clicking the "Remove" button next to the entry for the Software. Specifically, to uninstall the Software, please follow these steps: 1. Go to Start menu; 2. Select Control Panel; 3. Select Add or Remove Programs; 4. Select the Software; 5. Click Change/Remove. You may be required to restart your computer in order for the un-installation to take effect.
7. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLISHER DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS AND ERRORS, AND NON-INFRINGEMENT. PUBLISHER DOES NOT WARRANTY THAT (i) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE ADVERTISEMENTS THAT MAY BE DISPLAYED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SOFTWARE.
8. Limitation of Liability. Publisher, its agents, its suppliers or resellers shall not be liable to you or any other person for any INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE including and without limitation, damages to your systems and/or software and/or data, lost profits, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses. In addition, the Software contains features that will link you and your computer to third party' web sites, directories, servers, software, and/or services. Publisher is not responsible or does not endorse the content of any third party web sites, directories, servers, software and/or services. In no event shall Publisher be liable to you for any damage arising from or occasioned by the creation or use of a third party web sites, directories, servers, software and/or services. In no event will Publisher’s entire liability arising out of or in connection with this Agreement exceed $250.
9.Indemnification. You agree to defend, indemnify and hold Publisher, its affiliates, officers, directors, distributors, and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney’s fees, arising in any way from the use of the Software by you or any user authorized by you.
10. Cancellation and Termination. Publisher may terminate this Agreement at any time, without cause. You may at any time cancel your use of the Software by simply uninstalling it. This Agreement will continue to apply to all past use of the Software by you, even if you are no longer using it.
11. Miscellaneous. Publisher may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. Publisher may change the terms of this Agreement from time to time and at any time, with or without a release of a new version of the Software, without notice to you, by posting such changes on the Publisher’s web site. Your continued use of the Software after such modifications to the Agreement have been posted on the Publisher web site shall constitute your consent to same. You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern this Agreement. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedure (the "Rules"), except as otherwise provided herein. Arbitration shall be the exclusive method of resolving any controversy, dispute or claim arising out of or relating to this Agreement. Any arbitration conducted hereunder shall take place in Los Angeles, California and judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator's fee and other expenses of the arbitration process shall be shared equally. The parties shall bear their own respective costs and attorneys' fees. You agree that the Software may not be acquired, shipped, transported, exported, or re-exported: (1) into (or to a national or resident of) any U.S. embargoed country; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. This is the entire agreement between Publisher and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.