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Version 2.1 (February
22, 2008)
END USER
LICENSE AGREEMENT
NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED
SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS
OF THIS END USER LICENSE AGREEMENT AS WELL AS THE OTHER SIMILAR
AGREEMENTS FOR THE THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT MAY
BE BUNDLED WITH THE LICENSED SOFTWARE. BY INSTALLING, COPYING OR
OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE
AGREEMENT AS WELL AS THE OTHER SIMILAR THIRD PARTY SOFTWARE
AGREEMENTS (INCLUDED HEREWITH). YOU ARE ALSO ACKNOWLEDING AND
AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU WILL
RECEIVE AND CONTINUE TO RECEIVE CONTEXTUAL POPUP AND CONTEXTUAL LINK
ADVERTISING VIA HIGHLIGHTED LINKS. YOU MAY ALSO CHOOSE TO INSTALL
(OR UNINSTALL) THIRD-PARTY SOFTWARE FROM SELECT ADVERTISERS. THE
LICENSED SOFTWARE CAN BE UNINSTALLED UTILIZING THE "ADD/REMOVE
PROGRAMS" COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW).
This End-User License Agreement (the "Agreement") is an
important legal agreement between you (the "Licensee") and
Zeno Tcnico, a Panama corporation ("Licensor").
Licensor is willing to license the Licensed Software (as defined
below) to you, provided that you agree to and accept all of the
terms and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL
THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL
THE LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED
SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT.
Special Notice for
Non-English Speakers:
The Licensed Software is
suited primarily for the use of English speakers and, therefore,
this Agreement is written in English and is addressed to English
speakers. If you are not proficient in English and feel that you
cannot properly understand this License Agreement, we recommend that
you either retain the help of an English speaker to help you
understand and accept the terms of this Agreement or, alternatively,
refrain from installing or using the Licensed Software. In any
event, if you choose to install or use the Licensed Software, you
will be bound by this Agreement and the Privacy Policy incorporated
herein.
Special Notice for
Residents of the State of Alaska, USA:
Unfortunately, according to
SB 140 (Alaska), persons who reside in the State of Alaska may not
install the Licensed Software. Therefore, by installing or using the
Licensed Software you represent and warrant that your computer is
not located in the State of Alaska. To the extent that our system is
reasonably able to recognize that your computer is located in the
State of Alaska, we will not enable you to install the Licensed
Software.
Notice for All Users:
By downloading the Licensed
Software, you get free access to sponsored content across the
Internet. The Licensed Software may, among other things, show you
ads that pop up on your screen in a separate browser, provide you
with a toolbar to make your use of the internet more efficient and
enjoyable and allow you to access or otherwise link to programs from
our affiliates. The pop-up ads that may appear on your computer are
based on keywords and URL targets from the sites you visit. Please
note that you will receive Adult-oriented ads if you utilize
keywords related to such content or if you view Adult-oriented
websites. The Licensed Software is a service of Licensor.
1. DEFINITIONS. The capitalized terms used but not otherwise
defined in this Agreement shall have the following meanings:
1.1 "Agreement" or "License" means this End User
License Agreement.
1.2 "Licensee" or "you" means the individual who
agrees to license the Licensed Software in accordance with the terms
and conditions of this Agreement.
1.3 "Licensed Software" means collectively the
Software, Third Party Software and Updates.
1.4 "Third Party Software" means the software of third
parties bundled together with the Software and/or made available to
or installed by Licensee in connection with the installation, use
and/or maintenance of the Software, which software includes or
displays, without limitation, cookies and pop-up advertisements of
third parties, or links to third-party websites not affiliated with
Licensor. You may choose not to install Third Party Software or may
uninstall such software using oyour "Add/Remove Software" function
on your computer. Each company providing Third Party Software has
its own agreements and privacy policies (or other policies) that may
be different from this (Licensor's) Agreement and
Privacy Policy .
By clicking "I Agree" you also agree to be bound by the Third Party
Software Agreements that are included herewith. In the event of a
conflict between a Third Party Software Agreement and this
Agreement, this Agreement shall control with respect to Licensor's
obligations, duties or liability.
1.5 "Software" toolbar, contextual popup and contextual
link applications installed by Licensee pursuant the terms of this
Agreement, together with the software applications, documentation
and local computer files installed or utilized by Licensee in
connection therewith (excluding the Third Party Software), and all
updates, modifications or patches thereof.
1.6 "Updates" means any bug fixes, upgrades, modified
versions or updates to the Licensed Software.
1.7 "Use", "Used" or "Using" means to
access, install, download, copy or benefit from using the
functionality of the Licensed Software
2. PERMISSION/AUTHORITY TO DOWNLOAD LICENSED SOFTWARE
2.1 Permission to Download Licensed Software. This
Agreement contains important legal obligations. Pursuant to
applicable laws including, without limitation, the Electronic
Signature Law and Uniform Electronic Transactions Act ("UETA"), by
clicking "I Agree", Licensor will treat Licensee's affirmative
action as equivalent to a signed written contract that will legally
bind Licensee to the terms of this Agreement. Licensee should
carefully review the terms of this Agreement (as well as any Third
Party Software Agreements included herewith) before clicking "I
agree".
2.2 Obligation to be Bound by Current Version of EULA.
Licensor may revise this EULA or its
Privacy Policy
at anytime, and may (but shall not be obligated) to notify Licensees
of such revisions. By agreeing to the terms of this EULA, Licensee
agrees to read and review this EULA and privacy policy in order to
stay current on any changes.
3. SOFTWARE LICENSE AND RESTRICTIONS.
3.1 License Grant. Upon acceptance of the terms and
conditions of this Agreement, as evidenced by clicking "I agree" and
continuing with the installation procedure, Licensor grants Licensee
a non-transferable, non-exclusive, revocable, non-sub licensable
license to Use the Licensed Software, in binary executable form
only, solely in accordance with the terms and conditions set forth
in this Agreement. The Licensee agrees not to Use the Licensed
Software in any manner that could damage, disable, overburden or
impair the Licensed Software, including, without limitation, Using
the Licensed Software in an automated manner or in any other manner
which could interfere with any other party's use and enjoyment of
the Licensed Software.
3.2 Restrictions. As a material condition to the
license granted in Section 3.1 above, you will: (a) not reverse
engineer, disassemble or decompile the Licensed Software or attempt
to discover or recreate the source code to the Licensed Software,
except as otherwise required by applicable law, (b) comply with all
applicable laws, including U.S. export control laws, in your Use of
the Licensed Software, (c) not make any modification, adaptation,
improvement, enhancement, translation or derivative work of or to
the Licensed Software, (d) not remove, alter or obscure any
proprietary notices (including copyright notices) of Licensor or
Licensor's affiliates in the Licensed Software, (e) not Use the
Licensed Software for purposes for which it is not designed, and (f)
only Use the Licensed Software for personal, non-commercial use.
4. OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You
represent and warrant either that you are the owner of the computer
up which you intend to download the Licensed Software and that you
have authorized the download and installation of the Licensed
Software or that the owner of the computer has authorized you to do
so. You agree, with respect to all users of the computer on which
you have caused the Licensed Software to reside, to provide a copy
of these terms and conditions and to obtain their consent to these
terms and conditions before allowing them to Use the Licensed
Software. Alternatively, if you have the legal right to accept this
Agreement on behalf of one or more users of the computer on which
you have caused or authorized the Licensed Software to reside, then
you hereby accept this Agreement on behalf of all such other users.
You understand that the presence of the Licensed Software on any
computer is voluntary and that you may remove it at any time. You
must be at least 18 years of age to Use the Licensed Software.
By accepting the terms of this Agreement and Using the Licensed
Software you represent that you are over the age of 18.
5. IMPORTANT INFORMATION REGARDING FUNCTIONALITY OF LICENSED
SOFTWARE.
5.1 Functionality. Certain applications in the Licensed
Software recognize keywords from your Internet browser and URL
targets from the sites you visit to display relevant contextual
advertisements. These advertisements may be displayed on your
computer screen at any time while you are searching and shopping
online (and not necessarily while you are using any product or
service related to or downloaded with the Licensed Software) and
pop-up on your screen in a separate browser. The Licensed Software
gathers and stores personal identifiable information and records
concerning your Internet browsing behavior. Please refer to Section
10 (below) for further information about Licensor's privacy
policies.
5.2. Display of
Advertising. The Licensed Software
starts automatically when you start your computer, runs in the
background on your computer, and may periodically display sponsored
website listings on various search engines after performing a search
request. By installing and/or using the Licensed Software you grant
permission for Licensor to periodically display sponsors' websites
to you. The frequency of these advertisements will vary depending
on your use of the Internet.
Please note that you will receive
Adult-oriented ads if you utilize keywords related to such content
or if you view Adult-oriented websites. On
occasion, you may search for a website and receive an error from
your browser software indicating that the site cannot be found. When
this occurs, the Software includes a function that may redirect your
web browser to our sponsor's websites based on the content of the
website address, or URL, which you entered. You hereby consent to
these actions. Content Licensor considers "Adult" is defined as any
audio, video, audiovisual, images, sounds or text that contain or
reference any of the following: profanity, crude or off-color humor,
violence, blood and gore, weapons, use of alcohol, drugs, tobacco or
other controlled substances, online gambling, pornography, erotica,
erotic images, nudity, sex, sexually explicit images, and sexual
references.
6. INTELLECTUAL PROPERTY RIGHTS. The Licensed Software is
the intellectual property of, and owned exclusively by, Licensor,
its affiliates or suppliers or the companies that own or control the
Third Party Software. The structure, organization and code of the
Licensed Software are the valuable trade secrets and confidential
information of Licensor, its suppliers or affiliates or the
companies that own or control the Third Party Software. The
Licensed Software is protected by copyright, including without
limitation by United States copyright law, international treaty
provisions and applicable laws in the country in which it is being
used. Except as expressly stated herein, this Agreement does not
grant you any intellectual property rights in the Licensed Software,
and all rights not expressly granted are reserved by Licensor and
its affiliates or suppliers.
7. UNINSTALLATION. You understand and agree that the
presence of the Licensed Software on your computer is voluntary and
that you may remove the Licensed Software from your computer at any
time going to the "Add/Remove Software" function on your computer
and clicking "Remove Software". The program name for the software
is Enhancement Browser Tools Gooochi. Should you choose to
download additional software from Licensor's affiliates or
advertisers, those programs may be named differently and require you
to remove them separately. Please note that the above is the only
proper way to ensure complete removal of all Licensed Software files
- many anti-spyware or other software tools do not completely or
properly remove the Licensed Software. Some Internet content and
software publishers require that their users have certain of the
Licensed Software installed on their computer in order to access
their content or use their software applications ("Content
Providers"). Uninstallation of such Licensed Software may
impact your ability to access such content and/or use such software.
You may be required to restart your computer in order for the
uninstallation to take effect. Should you have any questions
regarding the removal of the Licensed Software, please contact <
info@gooochi.biz
>.
8. UPDATES. Licensor, in its sole discretion, may provide
you with Updates to the Licensed Software as part of this Agreement.
The Licensed Software may check with Licensor or its affiliates for
the existence of any Update released and, in the event that one is
available, the Licensed Software may update itself automatically or
prompt you to update the Software. Nothing herein shall be
construed or interpreted as requiring that Licensor provide Updates.
The companies that own or control the Third Party Software may also
provide you with Updates to their Licensed Software. Licensor has
no control and accepts no liability for Updates that may (or may
not) be provided for the Third Party Software.
9. DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
9.1 No Warranty; Disclaimer. YOUR USE OF THE LICENSED
SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR, ITS AFFILIATES OR
SUPPLIERS, AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY
SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE
NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR
REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED
SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE
LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS
OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR
OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY.
LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT
PROVIDERS.
9.2 Limitation of Damages. LICENSOR, ITS AFFILIATES OR
SUPPLIERS, OR THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY
SOFTWARE WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE
LICENSOR, ITS AFFILIATES AND SUPPLIERS AND THE COMPANIES THAT OWN OR
CONTROL THE THIRD PARTY SOFTWARE FROM ANY, LIABILITY (WHETHER IN
CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES
SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE
LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF
DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL LICENSOR'S ENTIRE LIABILITY ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
9.3 Indemnity. Licensee agrees to indemnify, defend,
and hold Licensor and all of the directors, officers, shareholders,
affiliates, employees, and agents of Licensor (collectively
referred to as "Licensor's Agents") harmless against and in
respect to any and all claims, demands, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies,
including interest, penalties, expert witness fees, and reasonable
attorneys' fees that Licensor, Licensor's Agents and the companies
that own or control the Third Party Software shall incur or suffer,
which arise, result from, or in any way relate to: (a) any breach
of, or failure by Licensee to perform any of the representations,
warranties, covenants or agreements in this Agreement; (b)
Licensee's violation of any applicable law or regulation, whether or
not referenced herein; and (c) Licensee's violation of any rights of
any third party (including, without limitation, the right of the
third parties who own the Third Party Software).
10. USE OF INFORMATION; PRIVACY POLICY.
10.1 Use of Information. By entering into this Agreement,
Licensee agrees that Licensor may collect and retain information
about Licensee, including Licensee's name and email address.
Licensor may employ other companies and individuals to perform
these functions on its behalf. Examples may include fulfilling
orders, delivering packages, sending postal mail and e-mail,
removing repetitive information from customer lists, analyzing data,
providing marketing assistance and processing credit card payments.
These third parties may be given access to personal information
needed to perform their functions, but may not use it for other
purposes. In addition, Licensor will collect and use anonymous
information relating to your use of the Licensed Software
application for statistical and related purposes. Licensor may
disclose the information to third parties for these purposes but
will not use or disclose information about your use of the Licensed
Software for any other purpose (unless required to do so by law).
Licensor may keep track of your Internet history in order to
customize the advertisements provided to you as part of the Licensed
Software.
10.2 Privacy Policy. Without limiting the generality of
Section 10.1, by installing the Licensed Software, you grant
permission for Licensor to collect and use certain information. You
acknowledge that you have reviewed the applicable Licensor Privacy
Policy, which describes Licensor's general practices with respect to
the collection, use and disclosure of information in connection with
your Use of the Licensed Software, which is incorporated herein by
reference. Licensor reserves the right to change the provisions of
its Privacy Policy from time to time. Your Use of the Licensed
Software following the posting of such changes to Licensor's Privacy
Policy will constitute your acceptance of any such changes.
Licensor does not make any and hereby disclaims to the maximum
extent allowed by law any and all covenants, representations and
warranties with respect to its compliance with the statements of
intent contained in Licensor's privacy policy.
11. COMPATIBILITY. Licensor does not warrant that the
Licensed Software will be compatible with your hardware or other
software installed on your computer system. Compatibility issues may
cause your computer's performance to suffer. In the event that the
Licensed Software is not compatible with your hardware or other
software installed on your computer system, the Licensed Software
can be uninstalled as provided in Section 7, above. Like all
software, the Licensed Software utilizes some of your computer's
resources to run, including system memory and Internet connection.
Use of the Licensed Software on a computer with inadequate system
resources will cause such computer's performance to suffer.
12. USER
REPRESENTATIONS AND WARRANTIES. You
acknowledge, represent and warrant that: (a) you own the computer on
which you are installing the Licensed Software, or have the
authority to install the Licensed Software on such computer; (b)
your installation and/or Use of the Licensed Software will not
violate any local, state or federal laws that apply to you, or the
Use or installation of the Licensed Software; (c) Licensor is not
causing the Licensed Software to be installed on your computer, but
has provided the Licensed Software to you, which you are installing
of your own volition; and (d) you have read and fully understand the
terms of this Agreement.
13. EXPORT.
You agree that the Licensed Software may not be acquired, shipped,
transported, exported, or re-exported (A) into (or to a national or
resident of) any U.S. embargoed country or (B) 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
Licensed 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.
14. MISCELLANEOUS.
14.1 Entire Agreement. This Agreement and any Third
Party Software Agreement set forth the entire understanding of the
parties with respect to the subject matter hereof. There are no
representations, warranties, agreements, arrangements or
understandings, oral or written, between the parties relating to
this Agreement which are not fully expressed in this Agreement. No
waiver, amendment or modification of any of the terms of this
Agreement shall be effective unless in writing and signed by the
party affected by the waiver, amendment or modification;
provided, however, that that Licensor may unilaterally amend or
modify this Agreement or a company that owns or controls Third Party
Software may modify their Third Party Software Agreement at any time
and you shall have notice of these changes by reference to the
Version number of this document and the effective date for such
version (or the Third Party Software Agreement may be amended
according to that company's particular policies). Further, no waiver
of any term, condition or default of any term of this Agreement
shall be construed as a waiver of any other term, condition or
default. In the event of a conflict between this Agreement and any
Third Party Agreement with respect to the use of the Licensed
Software and the obligations, duties or liability of Licensor, this
Agreement shall control notwithstanding such conflicting language.
14.2 Severability. In the event that any provision of
this Agreement is held by a court of competent jurisdiction to be
unenforceable, the validity of the remaining provisions shall not be
affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the
particular provisions held to be unenforceable and the unenforceable
provisions shall be replaced by mutually acceptable provisions
which, being valid, legal and enforceable, come closest to the
intention of the parties underlying the invalid or unenforceable
provision.
14.3 Governing Law and Venue. This
Agreement and each and every portion of this Agreement shall be
interpreted pursuant to the internal laws of the Country of Panama, without giving effect to the principles of conflict of laws.
Each of the parties hereby irrevocably and unconditionally agrees to
the exclusive jurisdiction of any court located in Cost Rica for any
actions, suits or proceedings arising out of or relating to this
Agreement (and the parties each agree not to commence any action,
suit or proceeding relating thereto except in such courts and not to
plead or claim that any such court is an inconvenient or otherwise
improper or inappropriate forum).
14.4 Injunctive
Relief. Licensee acknowledges that the injury that would be
suffered by Licensor as a result of a breach of the provisions of
this Agreement by Licensee would be irreparable and that an award of
monetary damages to Licensor for such a breach would be an
inadequate remedy. Consequently, Licensor will have the right, in
addition to any other rights it may have, to obtain injunctive
relief to restrain any breach or threatened breach or otherwise to
specifically enforce any provision of this Agreement, and Licensor
will not be obligated to post bond or other security in seeking such
relief
Should you have any questions concerning this Agreement, or if you
wish to contact Licensor for any reason, please e-mail us at
info@gooochi.biz
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