Spyware/Maleware User Agreements
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Thread: Spyware/Maleware User Agreements

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    Spyware/Maleware User Agreements

    Most of you understand that when you download adware bundled software, that you will be getting some adware. But do you really realize what you have aggreed to?

    The following two quotes are the agreements you must agree to to download a particular piece of soft ware. They were bundled in the same piece of software, kind of a double whammy.

    The bold parts I have highlighted.
    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).

    The Gator Corporation ("TGC") Terms and Conditions describe the operation of the GAIN-Supported Software you are about to download and the terms and conditions that govern your use of this software. TGC provides you the opportunity to download a software product you desire at no charge or a reduced charge in return for your agreement to also download TGC's software product which will periodically deliver advertisements and promotional messages to your computer based on your interests as shown by the websites you view. Before you may download and install these software products, you must agree to the terms and conditions described below.

    You may terminate these Terms and Conditions at any time by removing all GAIN-Supported Software from your computer using the Add/Remove Programs menu in the Microsoft Windows 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 (defined below) will remove itself automatically. Using the Add/Remove Programs menu is the only authorized means to uninstall GAIN-Supported Software and the use of any other means may not result in the proper un-installation of GAIN-Supported Software. [B}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.[/B]

    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 obtain popular software applications (often valued at up to $30) free-of-charge or at a reduced cost in exchange for users' agreement to accept advertising and other promotional messages delivered by TGC to users' personal computers. Downloading or installing these ad-supported software applications requires acceptance of these Terms and Conditions which allows TGC to download and install the "GAINsm AdServer" software, which delivers "GAIN" branded advertising, software, and various informational or promotional messages to computer screens while users view Internet Web pages ("GAIN Ads"). When available, users may obtain ad-free versions of TGC's software applications by purchasing a license to such versions in which case the user will not receive advertising, but TGC will collect and use the information described in these Terms and Conditions for all the other purposes described herein. Direct a brows
    er to http://www.gatorcorporation.com/ourproducts/ to purchase licenses to ad-free versions of TGC's software applications.

    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 but which does not collect ANY personally identifying information. The GAIN AdServer displays GAIN Ads on computer screens on behalf of TGC's advertising clients and not on behalf of the Web site the user may be viewing when the ad appears. TGC's advertising clients may be competitors of the publishers whose Web pages users may be viewing, or may have recently viewed. GAIN Ads are distinguishable from other ads or messages because all GAIN Ads contain the trademark "GAIN" in the title bar and/or the GAIN logo in the ad.

    "GAIN-Supported Software" includes both software applications published by TGC ("TGC GAIN-Supported Software"), as well as software applications developed by other companies ("Third Party GAIN-Supported Software"). For a list of GAIN-Supported Software published by TGC, view the Web page at: 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 TGC GAIN-Supported Software but do not apply to Third Party GAIN-Supported Software. 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 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, city, 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...atause50.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; and,
    - Create an anonymous profile of the categories of products or services in which GAIN-Support Software users appear to be interested in order to select GAIN Ads to display to GAIN-Supported Software users' computer screens EXCEPT, when available, if the user has purchased licenses to all GAIN-Supported Software applications on the user's computer, such user will not receive GAIN Ads but TGC will continue to collect and use all other information described in this Privacy Statement. 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-Supported Software and the GAIN 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...ribution.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 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...vehicles.html, incorporated herein by reference, more fully describes some of these GAIN Ad formats.

    How to Control the Display of GAIN Ads...
    Some GAIN ad formats offer user preference settings that allow users 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 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 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...ations50.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 and/or TGC and/or third-party GAIN-Supported Software, we may occasionally install and/or update software components, such as certain rich media player applications, browser plugins, virtual machines, and runtime environments (such as Mircosoft's .NET software or Java).
    These are collectively referred to herein as "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...nologies.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 assist us in identifying users who have purchased a license to GAIN-Supported Software;
    - To identify the GAIN-Supported Software on the computer;
    - To limit how often we display GAIN Ads; and/or

    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...dparties.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 Internet 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 Internet users to opt-out of their use of these cookies.

    http://www.gatorcorporation.com/help.../naisite.html, is a third party Web site that allows Internet users 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 users' 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.
    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).

    The Gator Corporation ("TGC") Terms and Conditions describe the operation of the GAIN-Supported Software you are about to download and the terms and conditions that govern your use of this software. TGC provides you the opportunity to download a software product you desire at no charge or a reduced charge in return for your agreement to also download TGC's software product which will periodically deliver advertisements and promotional messages to your computer based on your interests as shown by the websites you view. Before you may download and install these software products, you must agree to the terms and conditions described below.

    You may terminate these Terms and Conditions at any time by removing all GAIN-Supported Software from your computer using the Add/Remove Programs menu in the Microsoft Windows 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 (defined below) will remove itself automatically. Using the Add/Remove Programs menu is the only authorized means to uninstall GAIN-Supported Software and the use of any other means may not result in the proper un-installation of GAIN-Supported Software. 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 obtain popular software applications (often valued at up to $30) free-of-charge or at a reduced cost in exchange for users' agreement to accept advertising and other promotional messages delivered by TGC to users' personal computers. Downloading or installing these ad-supported software applications requires acceptance of these Terms and Conditions which allows TGC to download and install the "GAINsm AdServer" software, which delivers "GAIN" branded advertising, software, and various informational or promotional messages to computer screens while users view Internet Web pages ("GAIN Ads"). When available, users may obtain ad-free versions of TGC's software applications by purchasing a license to such versions in which case the user will not receive advertising, but TGC will collect and use the information described in these Terms and Conditions for all the other purposes described herein. Direct a brows
    er to http://www.gatorcorporation.com/ourproducts/ to purchase licenses to ad-free versions of TGC's software applications.

    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 but which does not collect ANY personally identifying information. The GAIN AdServer displays GAIN Ads on computer screens on behalf of TGC's advertising clients and not on behalf of the Web site the user may be viewing when the ad appears. TGC's advertising clients may be competitors of the publishers whose Web pages users may be viewing, or may have recently viewed. GAIN Ads are distinguishable from other ads or messages because all GAIN Ads contain the trademark "GAIN" in the title bar and/or the GAIN logo in the ad.

    "GAIN-Supported Software" includes both software applications published by TGC ("TGC GAIN-Supported Software"), as well as software applications developed by other companies ("Third Party GAIN-Supported Software"). For a list of GAIN-Supported Software published by TGC, view the Web page at: 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 TGC GAIN-Supported Software but do not apply to Third Party GAIN-Supported Software. 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.

    --- 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 other than purchasing a license to all GAIN Supported Software.

    Voluntary Software and Right to Remove
    You understand and agree that the presence of any GAIN-Supported Software on any computer is voluntary and that you may remove any of them from your computer at any time. To stop receiving GAIN Ads every GAIN-Supported Software program residing on the computer must be removed or, alternatively, replaced with a paid version of that GAIN-Supported Software program. 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. You can purchase versions of TGC published GAIN-Supported Software programs that do not display advertising at the following TGC web site: http://www.gatorcorporation.com/ourproducts/. To remove a GAIN
    -Supported Software program from a computer, you must use the Microsoft( Windows( Add/Remove Programs menu in the Microsoft Windows Control Panel. Shortly after every GAIN Supported software program is removed, the GAIN AdServer will remove itself automatically. Please note that removing all GAIN-Supported Software does not necessarily cause the removal of 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 Gator eWallet master password. They are also responsible for all uses of their Gator 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 only (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 in the ordinary manner for which the products were designed as provided in the user "Help" screens, frequently asked questions, on TGC's Web sites, or in other TGC supplied product usage documentation and only for your personal, non-commercial purposes.

    License Restrictions
    TGC may from time to time, either automatically or through other means, distribute an update to the Licensed Materials and/or may replace Licensed Materials with newer versions thereof and/or otherwise modify or add to the Licensed Materials. Your license to an existing version of Licensed Materials may, at TGC's discretion, expire when new versions of Licensed Materials are released. 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 access or use Licensed Materials other than through the graphical user interface provided with the Licensed Products and you are prohibited to access or cause the operation of the Licensed Materials through the use of any type of high-volume, automated, or electronic processes. You may not distribute or copy (other than for backup purposes) the Licensed Materials. You may not, and you agree not to attempt or allow others to attempt to, modify, reverse-engineer, decompile, disassemble, or otherwise discover the Licensed Materials or equivalents of Licensed Materials including but not limited to TGC's technology and methodology for delivery of advertisements and the content of any and all of TGC's communications and content stored on TGC's servers, or to access or modify the Licensed Materials' source code in any way. You do not have the right to create derivative works of Licensed Materials and any and all such modifications or enhancements to the Licensed Materials are the sole property of TGC or
    its business associates. 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. You acknowledge and agree that any and all communications between TGC and the Licensed Materials and the content stored on TGC's computer servers and in its software includes confidential information of TGC and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Licensed Materials in the ordinary course of operation. Any use of a packet sniffer or other device to intercept or access communications between TGC and the Licensed Materials is strictly prohibited. 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, i
    n 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...rdparties.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...acy-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: August 2003

    Gator and GAIN are registered service marks of The Gator Corporation. TGC, 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.
    And remember, You have agreed to let them do this.
    \"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, Champagne in one hand - strawberries in the other, body thoroughly used up, totally worn out and screaming WOO HOO - What a Ride!\"
    Author Unknown

  2. #2
    Senior Member
    Join Date
    Jul 2003
    Posts
    813
    I've also agree to the EULA of Spybot S&D and Ad-Aware. [well, used to]

    I did not read the entire text of either the two EULAs posted here... but do they make any claim at all regarding it being illegal to 'interrupt' the proper functioning of TGC? That is, by removing certain parts of the software [as a spyware scanner would most likely do] do I breach the EULA?

    As far as I understand I am free to remove, at any time, any part of the software. Although somewhere I think they state it has to be done through an Uninstaller... [hmm did I just answer my own question?]
    /\\

  3. #3
    Macht Nicht Aus moxnix's Avatar
    Join Date
    May 2002
    Location
    Huson Mt.
    Posts
    1,752
    Yes you sure did answer your own question.
    Programs menu is the only authorized means to uninstall GAIN-Supported Software and the use of any other means may not result in the proper un-installation of GAIN-Supported Software.
    And they also state that to remove only 'part' of the software (meaning any part including spyware) is a violation of the agreement.
    \"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, Champagne in one hand - strawberries in the other, body thoroughly used up, totally worn out and screaming WOO HOO - What a Ride!\"
    Author Unknown

  4. #4
    Senior Member
    Join Date
    Jul 2003
    Posts
    813
    Which gives me the impression that by removing parts of the the software [the 'add-on'] the rest will stop working... My guess is that their uninstall scripts are configured as such, that's why they only allow throught the Programs menu.

    As I remeber Spybot S&D warns about this... I think so does Ad-Aware.
    /\\

  5. #5
    Just Another Geek
    Join Date
    Jul 2002
    Location
    Rotterdam, Netherlands
    Posts
    3,403
    AFAIK spyware is illegal in Holland. Thanks to our privacylaws

    While we don't know the identity of GAIN-Supported Software users, the GAIN AdServer and TGC 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, city, and five digit ZIP code
    - Non-personally identifiable information on Web pages and forms
    - Software usage characteristics and preferences
    Ehhmm. Don't they contradict themselves here? How can collecting my name, country, city and zipcode be considered anonymous information?
    If I look at the licences I think this is illegal in Holland. But IANAL.
    Oliver's Law:
    Experience is something you don't get until just after you need it.

  6. #6
    Senior Member
    Join Date
    Apr 2004
    Posts
    1,130
    if u think that is odd, pls read Kazaa eula. Its hilarious. When the dumbass click "I agree", Kazaa can do it what-it-wants on victims machine.
    p.s. I have kazaa on my "lab" computer. And edonkey, bittorrent and other p2p.
    Ive turned on A/V, firewall (NIS) and other firewall (Netfilter) and NIDS (Snort) on that machine behalf. And some Sysinternals tools. Its amazing what runs on that machine.
    I.e. if i d/l games, at least one virus per hour is trapped by a/v. i think that all games(there) have trojans now.:P
    Meu sítio

    FORMAT C: Yes ...Yes??? ...Nooooo!!! ^C ^C ^C ^C ^C
    If I die before I sleep, I pray the Lord my soul to encrypt.
    If I die before I wake, I pray the Lord my soul to brake.

  7. #7
    Junior Member
    Join Date
    Jun 2004
    Posts
    14
    The whole reason why I refuse to install any "FREE" software anymore, I think the Gator company and all their associates should be burned at the stake. I wish some would publish a list of software that has GAIN or GATOR in it.

  8. #8
    Junior Member
    Join Date
    Jun 2004
    Posts
    14
    How can a company that make the websecure be associated with GATOR or now the Claria Corp. Websecure Alert. Take a look at it but do not download it.

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