Windows ControlAd End User License Agreement (EULA)
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT.
BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE SOFTWARE APPLICATION SERVICE AND/OR SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION SERVICES AND/OR SOFTWARE.
"Windows ControlAd" is a permission-based contextual ad delivery application that provides access to a wide range of content, websites, applications and information offered by CDT, Inc. ("CDT") and its affiliates. Windows ControlAd will not collect information about the websites you visit and will not collect any information that will be used by CDT to identify you personally. The information that Windows ControlAd collects and transmits to CDT will be used to provide you with access to a wide range of content, websites, applications and information offered by CDT and its affiliates. Windows ControlAd can be uninstalled at any time by going to the "Add/Remove Programs" menu on your computer and clicking the "Remove" button next to the entry or entries for Windows ControlAd.
Furthermore, to give surfers a rich Internet experience, CDT has partnered with various companies. Depending on your demographics and other circumstances, by installing Windows ControlAd you may also install the following applications and accept the terms and conditions of their End User License Agreements and Privacy Policies:
- 180search Assistant: a permission-based search assistant application that provides access to a wide range of websites, applications and information. 180search Assistant will periodically direct you to our sponsors' websites, allowing you to compare products, services, and prices between websites. 180search Assistant will collect information about the websites you visit, but will not collect any information that will be used to identify you personally. The information that 180search Assistant collects and transmits will be used to provide you with access to comparative shopping opportunities at times when we consider them most relevant. 180search Assistant can be uninstalled at any time by going to the “Add/Remove Programs” menu on your computer and clicking the “Remove” button next to the entry for Uninstall 180search Assistant. To learn more about the 180search Assistant, please visit the 180search Assistant website at www.180searchassistant.com. With EULA located at: http://www.180searchassistant.com/eula.aspx
- Internet Optimizer: a search companion that helps you find what you are looking for when you reach an error page (also known as 404). EULA located at: http://www.internet-optimizer.com/legal/EULA/
- Top Rebates: a shopping companion that helps you find better deals when you are doing online purchases. EULA located at: http://www.toprebates.com/cgi/shop.plx?pid=1150&page=eula
- Target Saver: shows offers and services as you surf the web only when they are most relevant to you. EULA located at: http://www.targetsaver.com/eula.html
Access is made available only to those who accept the terms of the following agreement:
By accepting this agreement, I certify the following:
- I am an adult, being at least 18 years of age.
- I am the owner of this computer, or am authorized by the owner of this computer to install software on this system.
- I understand that by accepting these terms and conditions, software will be installed on my computer.
- To ensure you always have the latest version and for your convenience this software will automatically update itself from time to time once installed.
- I understand the standards and laws of the community, site and computer to which I am transporting this material, and am solely responsible for my actions.
- If I use these services in violation of the above agreement, I
understand I may be in violation of local and/or federal laws and am solely responsible for my actions.
- By accepting these terms and conditions, I will have released and discharged the providers, owners and creators of this software/site from any and all liability which might arise.
By installing the software you agree to the terms of the preceding agreement.
1. LICENSE GRANT. "You" means the person or company who is being licensed to use the software and/or service. "We", "us" means CDT Inc, "Software" means software owned by CDT Inc. and selected third party software, including any upgrades, modified versions, updates, additions and copies of the software.
We hereby grant you a nonexclusive, non-transferable, limited license to use one copy of the Software on the computer which this license agreement was accepted on subject to terms and conditions set forth below. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.
2. TITLE. This license is not a sale. We remain the owner of all right, title and interest in the Software.
3. ARCHIVAL OR BACKUP COPIES. You may not keep back up copies of this software.
4. THINGS YOU MAY NOT DO. United States copyright laws and international treaties protect the Software. You must treat the Software like any other copyrighted material--for example a book. You may not:
-- copy the Software in any form,
-- modify or adapt the Software or merge it into another program,
-- reverse engineer, disassemble, decompile or make any attempt to discover the source code of this Software,
-- place the Software onto a server so that it is accessible via a public network such as the Internet, or
-- sublicense, rent, lease or lend any portion of the Software or Documentation.
5. LIMITED WARRANTY. Use of CDT software and/or service is at your own risk. CDT provides the software on an "as is", "where is" basis with out warranty of any kind, either express, implied or statutory.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs.
IN NO EVENT SHALL CDT BE LIABLE TO ANYONE FOR ANY UNAVAILABILITY, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY INFORMATION USED RECEIVED OR TRANSMITTED BY THE SOFTWARE AND/OR SERVICE, OR FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SOFTWARE OR THE SERVICE. YOU ASSUME THE ENTIRE RISK FOR THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, VALIDITY AND QUALITY OF ANY INFORMATION.
No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITED REMEDY. CDT`S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT EXCEED $1 (ONE DOLLAR) OR THE FEE, IF ANY, PAID BY LICENSEE FOR THE SOFTWARE, WHICHEVER IS GREATER.
7. DAMAGE LIMITATIONS. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SEPCIAL, INCIDETNAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
YOU EXPRESSLY RELEASE INDEMNIFY CDT, IT'S EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, PARTNERS, ADVERTISERS, BOARD OF DIRECTORS FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION BOTH KNOWN AND UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SOFTWARE AND/OR BLAZEFIND.COM THE RIGHTS GRANTED HEREIN ARE PERPETUAL AND WORLDWIDE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE OR TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSED HEREUNDER.
8. TERM AND TERMINATION. This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying the Software in your possession. You agree on termination of this license to destroy all copies of the Software in your possession. You may uninstall the software by by going to the "Add/Remove Programs" menu on your computer and clicking the "Remove" button next to the entry or entries for Windows ControlAd.
9. CONFIDENTIALITY. The Software contains trade secrets and proprietary know-how that belong to us and it is made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
10. CHILDREN 13 YEARS OLD AND UNDER. If you are thirteen years old or younger, you are prohibited from downloading, registering, or using the Service. By using the Service, you warrant to CDT that you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.
11. CONSENT OF USE. You agree that it is your sole responsibility to inform all users of computer that you have caused the software to reside that you will obtain their consent to this agreement before allowing them to use the computer to connect to the internet.
12. UPDATES. You grant CDT permission to add/remove features and/or functions to the existing software and/or service, or to install new applications, at any time, in its sole discretion with or without your knowledge and/or interaction.
13. SERVER INTERACTION. You understand and accept that when the software is installed, it periodically communicates with a server operated by CDT and/or third party servers.
14. INFORMATION COLLECTION. Software will not collect information about the websites you visit and will not collect any information that will be used by CDT to identify you personally. You understand and grant CDT permission to assign each copy of the software a unique software identification code that cannot be traced to your personal information.
15. ARBITRATION. Any claim or controversy arising out of or related to this Agreement, or the products or services we provide and/or distribute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. You agree to pay any/all direct and/or indirect costs arising out or related to the claim and/or controversy, including but not limited to legal costs, transportation, accommodation, telephone calls. You also agree to pay CDT $300 per hour to attend arbitration including transport time. The foregoing shall not preclude CDT from seeking any injunctive relief for protection of CDT's intellectual property rights.
16. GENERAL PROVISIONS.
a). This written license agreement is the exclusive agreement between you and us concerning the Software and service and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
b). CDT reserves the right to modify this license agreement at anytime without notification. You agree that your continued use of the Software and/or Service following any changes to this agreement and after the changes take effect will constitute your acceptance of such changes.
c). In the event of dispute resolution between us concerning the software or service or this agreement, you agree to pay all direct and/or indirect costs arising out of or related to the dispute, claim or controversy, including but not limited to all legal costs, transportation, accommodation, telephone calls. You also agree to pay CDT US$300 per hour to attend dispute resolution events including transport time.
d). This license agreement is governed by the laws of the province of Quebec, Canada. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
e). You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
f) If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
g). CDT's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of CDT's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
h). Any rights not expressly granted herein are reserved.
Contact Us. If you have any questions about the Software, our website, company or service, you should first email our support team at firstname.lastname@example.org or write to CDT Support, PO BOX 181, Mont-Royal, QC, H3P3B9, Canada.