POPPERS - PRODUCT LICENSE INFORMATION*
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USERS USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. BLACKFISH SOFTWARE GRANTS YOU A LICENSE TO USE ONE COPY OF THE VERSION OF THIS SOFTWARE ON ANY ONE SYSTEM FOR AS MANY LICENSES AS YOU PURCHASE. "YOU" MEANS THE COMPANY, ENTITY OR INDIVIDUAL WHOSE FUNDS ARE USED TO PAY THE LICENSE FEE. "USE" MEANS STORING, LOADING, INSTALLING, EXECUTING OR DISPLAYING THE SOFTWARE. YOU MAY NOT MODIFY THE SOFTWARE OR DISABLE ANY LICENSING OR CONTROL FEATURES OF THE SOFTWARE EXCEPT AS AN INTENDED PART OF THE SOFTWARES PROGRAMMING FEATURES. WHEN YOU FIRST OBTAIN A COPY OF THE SOFTWARE, YOU ARE GRANTED A LIMITED EVALUATION PERIOD, AFTER WHICH TIME YOU MUST PAY FOR THE SOFTWARE ACCORDING TO THE TERMS AND PRICES SET FORTH BY BLACKFISH SOFTWARE, OR YOU MUST REMOVE THE SOFTWARE FROM YOUR SYSTEM. THIS LICENSE IS NOT TRANSFERABLE TO ANY OTHER SYSTEM, OR TO ANOTHER ORGANIZATION OR INDIVIDUAL. YOU ARE EXPECTED TO USE THE SOFTWARE ON YOUR SYSTEM AND TO THOROUGHLY EVALUATE ITS USEFULNESS AND FUNCTIONALITY BEFORE MAKING A PURCHASE. THIS "TRY BEFORE YOU BUY" APPROACH IS THE ULTIMATE GUARANTEE THAT THE SOFTWARE WILL PERFORM TO YOUR SATISFACTION; THEREFORE, YOU UNDERSTAND AND AGREE THAT THERE IS NO REFUND POLICY FOR ANY PURCHASE OF THE SOFTWARE.
2. OWNERSHIP. THE SOFTWARE IS OWNED AND COPYRIGHTED BY BLACKFISH SOFTWARE. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP IN THE SOFTWARE AND SHOULD NOT BE CONSTRUED AS A SALE OF ANY RIGHT IN THE SOFTWARE.
3. COPYRIGHT. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY PROVISIONS. YOU ACKNOWLEDGE THAT NO TITLE TO THE INTELLECTUAL PROPERTY IN THE SOFTWARE IS TRANSFERRED TO YOU. YOU FURTHER ACKNOWLEDGE THAT TITLE AND FULL OWNERSHIP RIGHTS TO THE SOFTWARE WILL REMAIN THE EXCLUSIVE PROPERTY OF BLACKFISH SOFTWARE AND YOU WILL NOT ACQUIRE ANY RIGHTS TO THE SOFTWARE EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE. YOU AGREE THAT ANY COPIES OF THE SOFTWARE WILL CONTAIN THE SAME PROPRIETARY NOTICES WHICH APPEAR ON AND IN THE SOFTWARE.
4. REVERSE ENGINEERING. YOU AGREE THAT YOU WILL NOT ATTEMPT TO REVERSE COMPILE, MODIFY, TRANSLATE, OR DISASSEMBLE THE SOFTWARE IN WHOLE OR IN PART.
5. NO OTHER WARRANTIES. BLACKFISH SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. BLACKFISH SOFTWARE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. SEVERABILITY. IN THE EVENT OF INVALIDITY OF ANY PROVISION OF THIS LICENSE, THE PARTIES AGREE THAT SUCH INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS LICENSE.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BLACKFISH SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF BLACKFISH SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLACKFISH SOFTWARES LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
8. ENTIRE AGREEMENT. THIS IS THE ENTIRE AGREEMENT BETWEEN YOU AND BLACKFISH SOFTWARE WHICH SUPERSEDES ANY PRIOR AGREEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER OF THIS LICENSE.
Advertising Module Functionality
The Advertising Module is software plug-in to Poppers that displays advertisements during your use of Poppers. The Advertising Module serves you advertisements only when you have an active broadband Internet connection when you are using Poppers. The Advertising Module itself does not preload or cache advertisements that you see, although the Internet Explorer WebBrowser control that we use to serve your advertisements via http protocol may cache advertisements on your computer as part of its standard optimization algorithms. The Advertising Module does not serve pop-up or pop-under advertising to you of any kind nor does it collect any personally identifiable information or information about your web usage (i.e., "surfing") behavior.
You represent and warrant that you are duly authorized and have the authority or consent from the owner of the computer on which you wish to download and install the Advertising Module in connection with your use of Poppers.
Third Party Beneficiary
You will not export or re-export, directly or indirectly, the Advertising Module into any country prohibited by the United States Export Administration Act and the regulations thereunder or those of any foreign agency or authority.
Content and Disclosure
You understand that all content resulting from your search queries, including, without limitation all data, links, articles, search results, photographs or other materials ("Content") made available or accessible through the Advertising Module, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Advertising Module, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any risks associated with the integrity, quality, legality, accuracy or completeness of such Content. You acknowledge that we do not control or have knowledge of the Content made available or accessible through the Advertising Module.
Through the advertisements served to you by the Advertising Module, we may provide links to Internet sites or resources not owned or controlled by us. Because we have no control over such sites and resources, you acknowledge and agree that neither Candeo nor we are responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Neither Candeo nor we shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.
Disclaimer of Warranties and Limitation of Liability
THE ADVERTISING MODULE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND AND ARE PROVIDED ON AN AS IS BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND CANDEO FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE ADVERTISING MODULE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CANDEO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE ADVERTISING MODULE, THE SERVICES OR THE CONTENT, EVEN IF WE OR CANDEO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.