Zango Search Assistant End User License Agreement ("EULA")
(Last Revised August 4, 2004)
Preface: The Zango Desktop Application is your free pass to premium web content and tools on the Zango Network in exchange for showing you targeted websites. This means that the Licensed Software will run in the background on your computer and
automatically direct you to our sponsors’ websites, allowing you to compare products, services, and prices between websites. The Licensed Software may collect, and transmit to Zango (referred to in the EULA as "we" or "Zango"), information about the websites you visit ("Usage Data"), as described in more detail below. This information may be used to provide you with access to comparative shopping opportunities at times when we consider them most relevant, and in accordance with Zango’s Privacy Policy. Zango will not use any of this Usage Data to identify you personally. The Licensed Software can be uninstalled by going to the "Add/Remove Programs" menu on your computer and clicking the "Remove" button next to the entry for Zango.
NOTICE TO USER : PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. BY CLICKING "ACCEPT" BELOW, OR BY USING ALL OR ANY PORTION OF THE LICENSED SOFTWARE (DEFINED BELOW), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.
1. Definitions. "Licensed Software" means (a) the Zango Desktop Application software; and (b) any upgrades, modified versions or updates to the Zango Desktop Application software (collectively referred to as "Updates") that are provided to you by Zango. For purposes of this Agreement the term software refers only to the Zango Desktop Application software. Any other applications provided to you by Zango, are licensed to you under a separate license agreement unless otherwise specified. "Use," "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software.
2. Software License. As long as you comply with, and subject to, the terms of this Agreement, Zango grants to you a non-exclusive, nontransferable, revocable license to Use the Licensed Software, in binary executable form only, solely for the purposes described in the this Agreement. You may install and Use the Licensed Software on one computer only. You may make one backup copy of the Licensed Software, provided your backup copy is not installed or Used on any computer, except as a replacement for the original copy in the event it is deleted or rendered inoperable.
3. Restrictions. As a condition of this license, you will: (a) not distribute, lend, license, grant or otherwise transfer the Licensed Software, (b) 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 (c) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (d) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (e) not remove, alter or obscure any proprietary notices (including copyright notices) of Zango or its licensors in the Licensed Software, (f) not use the Licensed Software for purposes for which it is not designed, and (g) only Use the Licensed Software for personal, non-commercial use.
4. Intellectual Property Rights. The Licensed Software is the intellectual property of, and owned by, Zango and its licensors and suppliers. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Zango, and its licensors and suppliers. 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 Zango, and its licensors and suppliers.
5. Display of Advertising. The Licensed Software will run in the background on your computer and will periodically direct you to our sponsors’ websites, allowing you to compare prices between websites. While the Licensed Software is installed on your computer, Zango may collect information about you and the websites you visit. This information will be used to provide you with comparative shopping opportunities. By installing and/or using the Licensed Software you grant permission for Zango to periodically display sponsors’ websites to you. The frequency of these advertisements will vary depending on your use of the Internet. You acknowledge that the Licensed Software includes an anonymous user ID and an electronic cookie that enables Zango to display this targeted advertising to you. A "cookie" is a small amount of data that Zango’s servers transfer to your browser and that only Zango’s servers can read. You understand that Zango does not control your interaction with the websites and advertisements displayed to you and we assume no responsibility for their content or privacy practices and policies.
6. Identification of Advertisements. The advertisements that the Licensed Software presents are provided in a separate browser window and are not endorsed by or affiliated with the websites that trigger their appearance. Advertisements that the Licensed Software presents are branded with the Zango name and identifiable by the title "Brought to you by Zango" (or similar language) in the title bar of your browser window. Please note, however, that in certain limited circumstances the Zango branding may not be readily apparent. For example, if your browser settings are set such that the title bar is not visible, or your browser redirects you away from the initially generated window.
7. Uninstallation . The Licensed Software may be uninstalled by going to the "Add/Remove Programs" menu on your computer and clicking the "Remove" button next to the entry for Zango. Some Internet content and software publishers, including Zango, require that their users have the Licensed Software installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of the Licensed Software will impact your ability to access such content and/or use such software.
8. Updates. Zango, in its sole discretion, may provide you with bug fixes and Updates to the Licensed Software as part of this Agreement. The Licensed Software will check with Zango for the existence of any bug fix or Update that Zango has released, and in the event that one is available, the Licensed Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring that Zango provide bug fixes or Updates.
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. ZANGO, AND ITS CONTRACTORS AND SERVICE PROVIDERS, 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. ZANGO, AND ITS CONTRACTORS AND SERVICE PROVIDERS, 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 ZANGO OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY.
9.2. Limitation of Damages. NEITHER ZANGO NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE ZANGO AND ALL OF ITS LICENSORS AND SUPPLIERS 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 ZANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ZANGO’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 DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Collection of Information. Zango collects and uses information about you from your use of the Licensed Software. By installing the Licensed Software, you grant permission for Zango to collect this information, including the websites you visit while connected to the Internet. You acknowledge that you have reviewed Zango’s Privacy Policy , which describes Zango’s 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. A copy of the Zango Privacy Policy is available at
http://www.zango.com/AboutUs/Privacy.aspx. Zango reserves the right to change the provisions of its Privacy Policy from time to time. Zango will post any changes to the Zango Privacy Policy at the web address in the preceding sentence. Your use of the Licensed Software following the posting of such changes to the Zango Privacy Policy will constitute your acceptance of any such changes.
11. Infringement Reporting Procedure. Zango is not responsible for content hosted by Content Providers, however, if you are aware of any infringing or illegal content hosted by a site that utilizes Zango as an access control mechanism, please notify Zango at the address below so that we may take appropriate action.
12. Compatibility. Zango 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 by going to the "Add/Remove Programs" menu on your computer and clicking the "Remove" button next to the entries for Zango. Like all software, the Licensed Software utilizes some of your computer’s resources to run, including system memory. Use of the Licensed Software on a computer with inadequate system resources will cause such computer’s performance to suffer.
13. User Representations and Warranties. You acknowledge, represent and warrant that (i) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (ii) 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; and (iii) that Zango 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.
14. Export. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the 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.
15. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to its choice of law principles to the contrary. You hereby irrevocably consent to the jurisdiction and venue of the federal, state and local courts located in King County, Washington, U.S.A., in connection with any action arising out of or in connection with this Agreement.
16. Miscellaneous. 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. This is the entire agreement between Zango and you relating to the Licensed Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Licensed Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Zango. If you violate any term of this Agreement, Zango may terminate this Agreement without waiving any other rights.
Contact Us. If you have any questions about the Zango Desktop Application software, our website, company or service, you should first consult our website
http://www.zango.com. This site includes links to company information, answers to frequently asked questions, and all of Zango’s current policies. Zango is a wholly owned subsidiary of 180solutions, Inc.. If you have further questions or concerns, please contact us, or write to Zango Support, 3600 136th Place SE, Bellevue, WA 98006.
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