Morpheus Installation - License
P2P Programs Installing Unwanted Software - Ben Edelman
The license below is as obtained from Morpheus's installation of Direct Revenue in March 2005. See also graphical presentation of license provisions (showing on-screen presentation).
Morpheus values your anonymity and privacy. Morpheus does not contain or bundle malicious spyware. By clicking below you will begin the installation of Morpheus peer to peer file sharing software. By clicking below you agree to the third party end user license agreement(s) set out below.
Solid Peer from Direct Revenue, LLC
DIRECT REVENUE END USER LICENSE AGREEMENT
1. Acceptance of This Agreement - This Direct Revenue End User License Agreement
("Agreement") is a contract between you ("you" or "your")
and Direct Revenue, LLC, a Delaware limited liability company, with its principal
place of business at 459 Broadway, NY, NY 10021 ("DR"), and governs
your use of DRs ad targeting software provided to you ("Software").
Agreement carefully before installing and using the Software. The Software is
identified as SolidPeer (including in the Windows Add/Remove programs
This Software will collect information about websites you access and will use
that information to display advertising on your computer.
By clicking "yes" or downloading, installing or using the Software,
you acknowledge that you have read and understand this Agreement and agree to
be bound by its terms. If you do not agree to be bound by the terms of this
Agreement, you may not download or use the Software, and shall close this window
without downloading the Software or clicking yes to indicate your acceptance
of this Agreement.
2. Functionality - The Software delivers advertising and various information and promotional messages to your computer screen while you view Internet web pages. DR is able to provide you with the Software free of charge as a result of your agreement to download and use the Software, and accept the advertising and promotional messages it delivers.
By installing the Software, you understand and agree that the Software may,
without any further prior notice to you, automatically perform the following:
display advertisements of advertisers who pay a fee to DR, in the form of pop-up
ads, pop-under ads, display links to and advertisements of related websites
based on the information you view and the websites you visit store non-personally
identifiable statistics of the websites you have visited; provide advertisements,
links or information in response to search terms you use at third-party websites;
automatically update the Software in order to: (i) update the list of web sites
or pages that trigger the Software to provide an ad; (ii) optimize results or
Software functionality as may be reasonably necessary; (iii) as may be reasonably
necessary in the case of an emergency (such as in order to maintain existing
functionality, or stop hacks or attacks, for example attacks on the Software
by other contextual advertising software applications or other software applications
intending to remove the Software or to patch holes or flaws that contain or
allow active x or other types of drive-by downloads from advertisements,
or to comply with applicable laws, rules or regulations), (iv) as may be reasonably
necessary to adapt to changes in Web Browser Software, or (v) as may be reasonably
necessary to adapt to changes in operating systems. DR will first give you notice
of all other updates (excluding the updates noted above), and provide you with
an opportunity to affirmatively accept those updates on each occasion before
they are download and installed on your computer.
In addition, you further understand and agree, that DR and/or the Software
may, without any further prior notice to you, remove, disable or render inoperative
other adware programs resident on your computer in order to maintain or ensure
the proper performance of the Software.
not collect any personally identifiable information about you, such as your
surname, address, telephone number or e-mail address, nor does DR require such
information from you before downloading or installing the Software. However,
to enable DR to provide and operate its Software, DR collects certain types
of non-personally identifiable information about individuals who install the
Software. This information may include your Internet protocol (IP) address,
your domain, your operating system, your browser version, type and language
and your Internet Service Provider.
Advertisements may be displayed of advertisers who pay a fee to DR and you
may be provided content of other parties and/or links to third party websites
or content or offered the opportunity to download software from third party
software vendors. DR is not responsible for the privacy practices of such advertisers,
content providers, third party software vendors or websites. DR encourages you
to read the privacy policies of such advertisers, content providers, third party
software vendors and websites.
DR may use invisible tracking or counting devices known as "web bugs"
to register that a particular web page has been viewed and/or "cookies"
or alphanumeric identifiers that DR transfers to your computer's hard drive
through your web browser to enable DR's systems to recognize your web browser.
DR also collects and may use certain other types of non-personally identifiable
information, including: certain of the web pages that you view, the amount of
time that you spend on certain websites, your responses to ads served by DR.
DR associates this information with a randomly-generated anonymous identifier
for your computer and may use this information to enable the functionality of
the Software, to periodically update the Software, to deliver and display ads
served by DR of advertisers who pay a fee to DR, provide you with you to content
or websites of such advertisers or other parties and offer you the opportunity
to download software from third party vendors. DR makes commercially reasonable
efforts to regularly purge such information from its systems.
DR may share non-personally identifiable aggregate information about you with third parties, including advertisers.
If you have further questions about DRs privacy practices, you may contact us at email@example.com <mailto:firstname.lastname@example.org>.
Because DR cannot determine with any degree of certainty whether a child is
explains DR's practices regarding the collection and use of personally identifiable
and non-personally identifiable information from children under the age of thirteen
and provides important information regarding your rights under federal law with
respect to such information.
DR does not knowingly collect personally identifiable information from children
under the age of thirteen. If DR becomes aware that it has inadvertently received
personally identifiable information and/or data from a user under the age of
thirteen, DR will delete such past data from its records and will cease to collect
any new data from that computer, including any non-personally identifiable data.
Since DR does not knowingly collect any personally identifiable information from children under the age of thirteen, DR also does not knowingly distribute such information to third parties. Further, because DR does not knowingly collect any personally identifiable information from children under the age of thirteen, it does not condition the participation in online activities of a child under thirteen on providing personally identifiable information.
For more information on children's privacy on-line, please visit the Kidz Privacy
website, sponsored by the Federal Trade Commission at <http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html>.
5. Age Limitation - You must be thirteen years of age or older to download
or use the Software. By downloading the Software, you represent and warrant
to DR that you are thirteen years or older.
6. Software License - The Software, which shall be deemed to include any enhancements
or modifications thereto and any related documentation, is a copyrighted work.
Subject to your compliance with all of the terms and conditions of this Agreement,
and in consideration of your promises reflected in this Agreement, DR grants
to you a personal, nonexclusive, non-assignable and nontransferable license
to download, install and use the Software to and on a single computer and to
use the Software as permitted under this Agreement for non-commercial purposes
only. DR may terminate this license at any time without notice.
All rights not expressly granted to you by the foregoing sentence are reserved
by DR. Without limiting the generality of the foregoing, you may not modify,
distribute, sublicense, rent, lease, or create derivative works based on the
Software or any part thereof. Except as may be permitted by law, you may not
reverse engineer, decompile or disassemble the Software. You may not copy the
Software other than to make one copy of the Software for back-up purposes. You
may not use the Software for any commercial purpose other than as permitted
hereunder, and may not use the Software in the operation of a service bureau
or for the benefit of any other person or entity. Moreover, you may not transfer,
sell, assign or convey the Software to another party without the prior written
consent of DR. You shall maintain all copyright notices, trademark notices,
and other proprietary notices on the Software. You have no ownership rights
in the Software. Rather, you have a license to use the Software pursuant to
the terms of this Agreement. Title, ownership rights, and intellectual property
rights in and to the Software and related documentation remain in DR.
7. Proprietary Rights - The Software, and any materials posted or delivered in connection with the use of the Software including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademark rights, service mark rights, or other proprietary rights which are either owned by DR, or owned by other parties who have licensed their Intellectual Property to DR.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information of DR and its affiliates without express written
consent of DR. You may not use any meta tags or any other "hidden text"
utilizing the name or trademarks of DR and its affiliates without the express
written consent of DR and its affiliates. Any unauthorized use terminates the
permission or license granted by DR in this paragraph.
Use or modification of the Intellectual Property in any form, including but
not limited to use on any other website or networked computer environment, without
express written authorization, is a violation of DR copyrights and other proprietary
rights and is strictly prohibited.
8. Trademarks - Direct Revenue, and other logos, page headers, buttons, icons,
scripts, and service names associated with the Software are trademarks, service
marks and/or trade dress of DR or its affiliates. None of DR or its affiliates'
trademarks, service marks or trade dress may be used in connection with any
product or service that is not a product or service of DR or its affiliates
in any manner that is likely to cause confusion among users, or in any manner
that disparages or discredits DR or its affiliates.
9. Indemnification - You agree to defend, indemnify, and hold harmless DR and
its affiliates, and each of their respective officers, directors, employees,
agents, representatives, information providers and licensors, from any claims,
costs, losses, damages, judgments and expenses, including but not limited to
reasonable attorney's fees and expenses, relating to or arising out of any breach
of this Agreement or any use of the Software by you, or by any other person
using the Software through you or using or accessing your computer.
10. Disclaimer Of Warranty - YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL
FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFECT OF THE SOFTWARE IS YOURS AND YOURS ALONE. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, DR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, NEITHER DR NOR ANY OF ITS AFFILIATES AS WELL AS ANY ENTITY DELIVERING
THE SOFTWARE TO YOU, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES
OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SOFTWARE, INCLUDING ITS
CONTENT, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR
REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE
SOFTWARE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY,
OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL
BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER
HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS
OF ANY INFORMATION OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE
SOFTWARE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY
PRODUCTS OR SERVICES REFERENCED USING THE SOFTWARE; (vi) ANY IMPLIED WARRANTY
ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE; AND (vii) AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE SOFTWARE OR THAT THE SOFTWARE IS NONINFRINGING; DR
AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY IRREVOCABLY RELEASE DR AND
ITS AFFILIATES FROM AND WAIVE, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS,
CLAIMS OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE
OR IMPUTED) OF DR OR ITS AFFILIATES AS WELL AS ANY ENTITY DELIVERING THE SOFTWARE
IF YOU PURCHASE A PRODUCT OR SERVICE AS A RESULT OF USING THE SOFTWARE, AND
A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU IRREVOCABLY RELEASE AND DISCHARGE
DR AND ITS AFFILIATES, AS WELL AS ANY ENTITY DELIVERING THE SOFTWARE TO YOU,
AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES,
FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT,
COMPENSATORY AND PUNITIVE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED
AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT
YOUR OWN DISCRETION AND SOLELY AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOADING OF SUCH SOFTWARE AND/OR CONTENT.
11. Limitation Of Liability - IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL
DR OR ANY OF ITS AFFILIATES OR ANY ENTITY DELIVERING THE SOFTWARE TO YOU, OR
ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,
INFORMATION PROVIDERS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER
DAMAGES (REGARDLESS OF THE FORM OF ACTION OR PROCEEDING) ARISING OUT OF OR RELATED
TO (i) ANY USE OF THE SOFTWARE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO,
ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR
OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED THROUGH THE SOFTWARE, (ii)
ANY USE OR INABILITY TO USE THE SOFTWARE FOR WHATEVER REASON, INCLUDING BUT
NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION
OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SOFTWARE, OR (iii) ANY GOODS
OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH
THE SOFTWARE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow for the exclusion of certain warranties or
the limitation of liability for certain damages. Accordingly, some of the above
limitations may not apply to you.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if DR is liable to you for any other reason, then DRs aggregate liability for all claims under such circumstances shall not exceed the greater of ten dollars ($10.00) or the amount paid by you for your use of the Software.
12. Termination and Removal of Software - By entering into this Agreement,
you represent to DR that you have intentionally chosen to install the Software
and that you will personally uninstall the Software from your computer if you
no longer wish the application to be present on your computer by going to <http://mypctuneup.com/contacts.php>
and submitting the contact form. DR will make reasonable efforts to ensure that
the Software includes without limitation a functional uninstall script that
is executable in the Add or Remove Programs menu of the users
Windows Control Panel; however, for clarity, the uninstall script
utilized by DR in the Add Remove Programs menu may include an interactive
feature comprised of a requirement that during the uninstallation process users
retype a code in a dialogue box and such interactive feature may require internet
access and the downloading of additional software to function properly; provided
that such additional software will only be as may be necessary to complete the
uninstallation process and such additional software shall completely and safely
uninstall itself as part of the uninstallation process. While DR and the company
that distributes the Software to you want to ensure that you may readily delete
the Software from your computer at anytime by following the instructions herein,
the interactive feature described above has been integrated into the removal
process because some third party applications may attempt to delete, disable
or modify the Software with or without notice to you. The interactive feature
assures that you have knowingly chosen to delete the Software.
You further represent to DR that DR may store a cookie, computer file or other
unique identifier on your computer to identify you and automatically repair
or reinstall the Software if any third party application attempts to delete,
disable or modify the Software. DR may terminate this Agreement or your right
to continue to use the Software at any time.
Further, you agree that you will not initiate, permit, authorize or assist
any third party or application to remove the Software from your computer, or
disrupt the operation of the Software or the operation of the Software as installed
by any other user. You agree that removal of the Software from your computer
will only be performed by you pursuant to the instructions set forth herein.
13. Anti-Spam Policy And Acceptable Use - While DR encourages you to refer
friends, family, colleagues, and others to use the Software, you may do so only
through methods that are consistent with the terms and conditions of your own
Internet Service Provider as well as prevailing standards of acceptable Internet
use and behavior. In particular, you may not use the Software or the server,
name, trademarks, or other Intellectual Property of DR in conjunction with the
sending of unsolicited e-mail, or cause to be used DR equipment, network connectivity,
or other resources to originate, deliver, relay, or otherwise transmit unsolicited
e-mail messages. You may not engage in any of these prohibited activities by
using the service of any other provider, third-party agent, re-mailing service,
or address forwarding service, in such a way that DR network addresses or DR
hosted Web or e-mail services are in any way identified as being associated
with the sending of unsolicited e-mail. Other prohibited methods of advertising
or promoting your involvement with DR include multiple postings of messages
to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or
other interactive chat services) or other online forums. Incidents of "spamming"
the Software should be reported to email@example.com <mailto:firstname.lastname@example.org>.
You may only use the Software for lawful purposes and in strict compliance
with this Agreement and all applicable laws. You may not use the Software to
post or transmit any message or content, including linking to any message or
content, which is abusive, vulgar, hateful, obscene, scandalous, inflammatory
or otherwise objectionable; is being used to harass, stalk or otherwise threaten
a person; is libelous, defamatory or invades any privacy or publicity rights
of any third party; misrepresents or masks the true identity of any party; infringes
any copyright, trademark, service mark, patent, trade secret or confidentiality
obligation; contains any illegal contests or lotteries, or any pyramid schemes;
or contains any virus, trojan horse, time bomb or any other harmful or disabling
14. Access to Software - To use the Software, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees. You represent and warrant to DR that you have the necessary rights and permissions to install the Software on the computer used herein.
15. Other Websites - The Web changes constantly, and no technique can index
all pages accessible on the Web. As a result, DR cannot guarantee the completeness
or accuracy of the websites or URLs to which DRs Software link or refer.
DR does not screen the websites accessed through the Software, and these other
websites are maintained by persons over whom DR exercises no control. For these
reasons, DR assumes no responsibility for the content of any website or URL
included in the Software and is not responsible for errors or omissions or for
offensive or objectionable content contained on any such website or URL.
16. Illegal, Unauthorized, Or Fraudulent Content Or Activities - The Software
may be used only for lawful purposes and in a lawful manner and in compliance
with this Agreement. You agree to comply with all applicable laws and regulations.
DR has the right, but not the obligation, to investigate any reported violation
of its policies and take any action it deems appropriate, including but not
limited to terminating your access to the Software without notice. To protect
DR systems and users from illegal, unauthorized, or fraudulent content or activities
to ensure the integrity and operation of DR business and systems, or in response
to subpoenas, court orders, or legal requirements, DR may access and disclose
any information that it is entitled to maintain under this agreement and that
it reasonably considers necessary or appropriate. By using the Software, you
expressly consent to the foregoing use and disclosure.
17. Applicable Law; Jurisdiction And Venue - This Agreement shall be governed
by and construed in accordance with the laws of the State of New York, without
giving effect to any principles of conflicts of laws, and you hereby consent
to the personal and exclusive jurisdiction of the state and federal courts sitting
in the County of New York, State of New York.
18. Arbitration - Except as provided in the next paragraph, you and DR agree
that any and all disputes, controversies and claims relating in any way to the
Software, this Agreement or the breach thereof (including the arbitration of
any claim or dispute and the enforceability of this paragraph) shall be submitted
to and resolved by means of a confidential arbitration before a single arbitrator
administered by the American Arbitration Association under its then current
Commercial Arbitration Rules and conducted in the County of New York, State
of New York. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. You and DR may litigate in
any court of competent jurisdiction only to stay or compel arbitration under
this Agreement or to confirm, modify, vacate or enter judgment on the award
rendered by the arbitrators and to enforce the judgment that is entered. This
Agreement will not be governed by the United Nations Convention of Contracts
for the International Sale of Goods, the application of which is hereby excluded.
To the fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an action involving any other current or former
user of the Software, whether through class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened to violate
DRs rights in the Intellectual Property, DR may seek injunctive or other
appropriate relief in any court of competent jurisdiction and you irrevocably
consent to jurisdiction and venue in such courts.
19. Changes DR may change any of the terms and conditions contained in this
policies and guidelines governing the Software, at any time in its sole discretion,
consistent with the terms of any agreement DR might have with the distributor
of the Software. Notices of material changes to this Agreement will be posted
on the DR website at <http://www.abetterinternet.com/eulachanges.htm>
when they become effective. You are solely responsible for reviewing the notices
and any applicable changes. You agree that your continued use of the Software
will constitute your acceptance of such changes. If you do not wish to accept
the changes to this Agreement, do not continue to use the Software after the
effective date of such changes and uninstall the Software.
20. General Provisions - This Agreement constitutes the entire agreement of
the parties with respect to the subject matter hereto and supersedes and cancels
all prior and contemporaneous agreements, claims, representations and understandings
of the parties in connection with the subject matter hereof, oral or written.
If, for any reason, an arbitrator or court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, unenforceable, then the remainder
of this Agreement shall continue in full force and effect and the provision
in question will be read, or replaced with another provision, to give maximum
effect to the intention of the parties as reflected by its plain language. DR's
failure to enforce the strict performance of any provision of this Agreement
will not constitute a waiver of DRs 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. All provisions of this
Agreement relating to ownership of Intellectual Property and proprietary rights,
warranty disclaimers, limitation of liability, and indemnification shall survive
the termination of this Agreement and the termination of your use or access
to the Software, for whatever reason. You acknowledge that your violation of
the provisions relating to Intellectual Property and proprietary rights may
cause damage to DR which is unquantifiable but nonetheless real and irreparable.
Accordingly, in the event DR determines in its sole discretion that you have
violated or will violate any such provision, DR will be entitled to injunctive
relief from a court of competent jurisdiction restraining such violation. DR's
specific remedies set forth under this Agreement for any breach by you of this
Agreement or otherwise shall be cumulative and shall not restrict or limit DR
ability to resort to any other remedy available under law or equity. Any rights
not expressly granted herein are reserved.
21. International Access. The Software is provided from the United States of America. The laws of other countries may differ regarding the access and use of the Software. DR makes no representations regarding the legality of the Software in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.