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Posts Tagged ‘agree’

Sinclair agrees to 2-week extension of cable TV talks, New Year’s program interruption averted
Sinclair Broadcast Group and two cable TV companies announced an agreement late Friday to extend a midnight deadline for a new contract until Jan. 14, averting for now an interruption of some programming to millions of cable customers.

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O’Malley, Ehrlich agree on format, time for debate
Maryland will have at least one gubernatorial debate. The confirmation of an Oct. 11 showdown on WJZ-TV between Gov. Martin O’Malley (D) and former Gov. Robert L. Ehrlich Jr. comes after several weeks of tussling over debate logistics.

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First, when Conan O’Brien was named host of “The Tonight Show, Jay Leno should have been withdrawn. The attempt to give a talk show in primetime, he lost the chain and its affiliates million value of money. And Jay Leno has been in the local branches had not threatened mutiny “weaker” for their evening news after Leno and have been weakened due to poor leadership in the ratings. Leno and put in the prime-time NBC has lost time interval in which its high-quality dramas that have raised the TV to unprecedented heights were available, programs like “Hill Street Blues,” the Act “LA”, “St. Elsewhere” and “ER.” So rather than simply remove Leno, Zucker has his show back to 10:35 CST. Mads Conan O’Brien is so angry he left the network. His performance was low with values, but eventually found an audience, as his old “Late Night” show did. Now, NBC will have an aging Jay Leno returns as host of “Tonight Show” and face the possibility of Conan has before on “The Tonight Show” on FOX, thus weakening classification. In addition, Zucker canceled “My Name Is Earl,” one of the most capable, funny comedies ever aired. is almost the only wreck NBC, and it will take years to recover his reputation and all the money they lost. The only good thing he did this year was big news sitcom “community.”

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I’m a die hard democrat, because for the most part I believe in a Dem stance on most of the issues. But, I am for the death penalty (especially if it was considered for brutal child rapists/molesters), I am totally against illegal immigration and granting amnesty to those that broke the law and crossed our borders illegally. There are one or two more for me, but I’m curious about other people.

Every person is different. I would like to know what stances on issues that you disagree with from the party you choose to affiliate with?

Some examples:

1. abortion/women’s rights
2. the war
3. the economy
4. universal health care
5. government assistance programs
6. taxes

Whatever else you can think of is completely welcome! I’m anxious to hear the responses.

WASHINGTON–(ENEWSPF)–August 27 – The American Civil Liberties Union and 520 other local and national organizations sent a letter to President Obama this week demanding that the administration terminate the 287(g) program that allows certain state and local law enforcement agencies to engage in federal immigration enforcement activities. The fundamentally flawed program has been associated with serious civil rights abuses and public safety concerns.

“The 287(g) program encourages racial profiling, diverts scarce police resources and puts everyone’s safety at risk,” said Omar Jadwat, a staff attorney with the ACLU Immigrants’ Rights Project. “State and local police should not be transformed into federal immigration agents – particularly through a program known for cursory oversight and insufficient training. President Obama should end the program immediately. ”

Local organizations that signed the letter will host vigils, marches and other activities across the country today and tomorrow condemning the administration’s decision to expand the 287(g) program and asking that the administration terminate the program.

Since its inception, the 287(g) program has drawn sharp criticism from federal officials, law enforcement and community groups because it has led to illegal racial profiling and civil rights abuses, including the unlawful detention and deportation of U. S. citizens and permanent residents, while diverting scarce resources from traditional local law enforcement functions and distorting immigration enforcement priorities.

This past April, the Police Foundation, a leading nonpartisan, research and training nonprofit organization dedicated to improving public safety, reported that many sheriffs and police chiefs across the country disapprove of the local immigration enforcement program. According to the Police Foundation study, law enforcement executives believe that “immigration enforcement by local police undermines their core public safety mission, diverts scarce resources, increases their exposure to liability and litigation and exacerbates fear in communities already distrustful of police. ”

“State and local police do not pull drivers over for tax law violations; likewise, they should not pull drivers over for immigration law violations,” said Joanne Lin, ACLU Legislative Counsel. “The 287(g) program has proven to be a failure – resulting in rampant illegal profiling by local police under the cloak of federal immigration enforcement power. Department of Homeland Security needs to terminate the 287(g) program. ”

ACLU affiliates across the country have reported problems and complaints about local law enforcement agencies with 287(g) agreements engaging in profiling and harassing Latino communities. Some of the most serious complaints regard abuses by the Maricopa County Sheriff’s Office in Arizona, which has one of the largest 287(g) programs in the country. These massive abuses have been fueled by Maricopa County Sheriff Joe Arpaio’s federal authority under the program and the absence of ICE monitoring. In July 2008, the ACLU filed a class action lawsuit, Ortega v. Arpaio, against Arpaio and his department challenging the illegal racial profiling of Latinos in Maricopa County.

I am a die hard Democrat, because, for the most part, I believe in a position of DM in most issues. But I am in favor of the death penalty (especially if it has been tried for the brutal child rapists / abusers), I am totally against illegal immigration and grant amnesty to those who violated the law and have crossed our borders illegally. There are one or two for me, but I have personnes.Chaque curious about other people is different. I want to know what positions on the issues that you disagree with the party that decides to join? Some examples are: 1. abortion or the rights of Women2. the war.3. the économie4. Universels5 Health. gouvernementale6 assistance programs. taxesPeu matter what you may think it’s totally welcome! I’m anxious to hear the answers.

These principles come from an open letter to the United States, who was sent by a listener of Glenn Beck program. You can read here contexte.PrincipesI. Illegal immigration. I want to stop coddling illegal immigrants and enforce our borders. Close to the underground galleries. Stop violence and trafficking in drugs and people. Not amnesty, not yet. Been there, done that, no resolution. P. S., I am not racist. This should not be confused with légale.II immigration. TARP. I want it to be repealed and do not want the additional funds provided for that purpose. We have said no, but you did anyway. I want the other 95% unfunded repealed. Freezing of the repeal. III. Czars. I want the circumvention of our checks and balances immediately arrested. The burning of the Tsars. No More Czars. Government officials respond to the proceedings, not the president. Stop trampling on our Constitution and in his honor. IV. Cap and trade. The global warming debate is not over. More dire.V. universal health care. Do not rush into another expensive decision. Do you dare try to pass in the middle of the night and then go on holiday. Slow down! VI. Increasing government control. I want the rights of states and sovereignty restored. I want less government in my life, nothing more. Shrink down. Mind your own business. Tired of taking care of their true responsibilities. Why not start with là.VII. ACORN. I do not want ACORN and its subsidiaries by our 2010 census. I want that investigated. I do not want mandatory escrow fees contributed to them every once in each real estate transaction closes. Stop funding Acorn and its subsidiaries pending impartial audits and investigations. I do not trust them to make the census more with our taxes. I do not trust them with our taxes. Faced with the accusations against him and get it resolved before the taxpayers get more involved with them. If it walks like a duck and talks like a duck, hello. While protecting his political friends. You work for us, the people. Enquête.VIII. The redistribution of wealth. No, no and no. I work for my money. It’s mine. I’ve always worked for people with more money than me, because I was working. This redistribution of wealth to support it. I’ve never had a job to a poor person. Why do you think I hate my employer? What do you have against the benefits for shareholders? IX. Charities. Although I have never had a job for a poor person, I have helped many in need. Charity belongs in our local communities, where we know our needs and better utilize our local talent and our local resources. Butt, please. We want to make us mêmes.X. corporate bailouts. Stop. Sink or swim like the rest of us. If there are difficult times ahead, we will be better just getting into it and letting the strong survive. Quick and painful. Have you ever pulled a band? We will collect. Great things happen in the U.S. with great difficulty. Give us the opportunity to innovate. We can not disappoint more than they have déçu.XI. Transparency and accountability. What do you think? No, seriously, right? We’re going to have. Say you are the hallmarks of rest and some speak out honestly. Please stop manipulating and trying to calm down with a smart design. I’m not an idiot, obviously you take me. Stop hiding and meeting in back rooms making deals with your friends. It will only be a prelude to its criminal investigation. Stop hiding things from moi.XII. unprecedented spending. Stop now. Take a deep breath. Audio gens.Note: I largely had nothing to do with the creation of this letter. I just want to see what this site thinks the letter.

WASHINGTON – (ENEWSPF) – August 27 – The American Civil Liberties Union and 520 other local and national organizations sent a letter to President Obama this week to request the administration to end the 287 (g), which allows to certain state and local agencies for law enforcement to engage in federal immigration enforcement. The program is fundamentally flawed has been associated with serious abuses of civil rights and public safety. “The 287 (g) program encourages racial profiling, diverts scarce police resources and the safety of everyone in danger,” said Omar Jadwat, a staff attorney with the Human Rights Project of the ACLU Immigrants . “State and local police should not become federal immigration officials – especially through a program called for a rapid control and inadequate training. President Obama end the program immediately.” Local organizations that have signed the letter will host vigils, marches and other activities throughout the country, today and tomorrow to condemn the government’s decision to extend the 287 (g) of the program and asks the administration to complete the program. Depuis, the 287 (g) program has drawn heavy criticism from federal authorities, police and community groups, because it leads to racial discrimination and illegal and civil rights abuses, including illegal detention and expulsion of U.S. and permanent residents, while diverting scarce resources from the traditional functions of local police and distort the priorities of immigration application.En last April, the Police Foundation, a partisan leader, and training organization nonprofit dedicated to improving public safety, reported that many commissioners and police chiefs across the country disapproves of the local immigration law program. According to the study of the Police Foundation, most law enforcement believe that “immigration enforcement by local police infringement of their basic mission of public safety, diverts scarce resources, increases their exposure to liability and litigation and exacerbate community fears and distrust of the police “.” State and local police pull drivers over violations of tax laws, so you should not call the drivers over violations immigration law, “said Joanne Lin, ACLU Legislative Counsel. “The 287 (g) program has proved a failure – hence the rampant illegal profile of the local police under the guise of federal immigration law. Homeland Security Department should terminate the 287 (g) of the . ACLU affiliates around the country have reported problems and complaints about local organizations implementing 287 (g) arrangements for participating in the identification and prosecution of the Latin American communities. Some of the most serious complaints about abuses committed by the Sheriff’s Office Maricopa County, Arizona, which has one of the largest 287 (g) programs in the country. These mass atrocities have been driven by the federal authority of Maricopa County Sheriff Joe Arpaio in the program and the lack of monitoring of ice. In July 2008, the ACLU filed a class action Ortega v. Arpaio against Arpaio and his department to challenge racial discrimination and illegal Hispanics in Maricopa County.

PFT: Browns, Delhomme agree to 2-year deal
In the span of five days, Mike Holmgren has brought two quarterbacks to Cleveland to replace the guys that he inherited. ESPN’s Adam Schefter reports that Jake Delhomme has agreed to a two-year deal with the Browns. He won’t make his visit to New Orleans.

Read more on MSNBC

Version 2. 1 (June 27, 2007)

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 Danube International S. A. , a Costa Rican 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 your “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 direct you to our sponsors’ websites. 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 (which will pop up on your screen in a separate browser) 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 Browser Optimizer Dcads. 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 .

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 Costa Rica, 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 dcads. biz .

SuperiorAds. Biz – (If applicable)*
Version 2. 1 (June 27, 2007)
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 Danube International inc. , a Costa Rican 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 your “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 copy 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 direct you to our sponsors’ websites. 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 (which will pop up on your screen in a separate browser) 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 Browser Optimizer SuperiorAds. 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 removal@dcads. biz or removal@rightonads. 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 Costa Rica, 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@dcads. biz or info@superiorads. biz.

webHancer Customer Companion – (If applicable)*

Terms and Conditions of Installing the webHancer Customer Companion (the “Software”).

IMPORTANT NOTICE:

THIS SOFTWARE RELAYS YOUR WEB SURFING PERFORMANCE METRICS TO
WEBHANCER CORP. TO GENERATE PERFORMANCE REPORTS FOR THIRD PARTIES. AS
SUCH, YOUR INTERNET CONNECTION WILL BE USED PERIODICALLY TO SEND AND
RECEIVE DATA.

WE RESPECT OUR CUSTOMERS PRIVACY. THE WEBHANCER PRIVACY POLICY (available
at: http://www. webhancer. com/privacy) FORMS PART OF THIS AGREEMENT. BY AGREEING
TO THE TERMS OF THIS AGREEMENT, YOU ALSO CONSENT TO THE TERMS OF THE
WEBHANCER PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, THE COLLECTION, USE
AND DISCLOSURE OF INFORMATION AS SET OUT THEREIN. IF YOU DO NOT AGREE TO
THE TERMS OF THE WEBHANCER PRIVACY POLICY, DO NOT INSTALL THIS SOFTWARE.

THIS SOFTWARE SUPPORTS WINDOWS 98/2000/ME/XP and WINDOWS NT 4. 0 Service Pack 4
and higher (EXCLUDING WINDOWS TERMINAL SERVER AND WINDOWS 2000 WITH
TERMINAL SERVICES ENABLED).

THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS
A LEGAL CONTRACT BETWEEN YOU AND WEBHANCER CORP. (“WEBHANCER”) FOR THE
CUSTOMER COMPANION SOFTWARE (THE ‘SOFTWARE’). THIS SOFTWARE WILL MAKE
USE OF YOUR INTERNET CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR ANY AND
ALL NETWORK USAGE COSTS OR ANY OTHER COSTS ASSOCIATED WITH YOUR USE OF
THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO NOT USE THE
SOFTWARE.

WEBHANCER grants to you a non-exclusive, non-transferable and restricted license to use the Software on a single computer for your internal use, subject to the terms and conditions of this Agreement. You may make and distribute unlimited copies of the Software, excluding copies for commercial distribution, as long as each copy that you distribute is distributed subject to this agreement.