Poppers distribution permissions and end-user license agreement

POPPERS - PRODUCT LICENSE INFORMATION*

*This Product License Information covers only your use of Poppers. Please scroll down to read the terms of use covering your use of the Poppers Advertising Module.

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. USER`S 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 SOFTWARE`S 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 SOFTWARE`S 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.


POPPERS ADVERTISING MODULE (“ADVERTISING MODULE”) TERMS OF USE

These ADVERTISING MODULE TERMS OF USE govern your use of the Advertising Module only. Other terms of use govern any other software that you may choose to install on your computer.

IMPORTANT: READ CAREFULLY BEFORE INSTALLING AND/OR USING THE ADVERTISING MODULE (AS DEFINED BELOW). Your use of the Advertising Module software and any updates thereto (the "Advertising Module") constitutes your acceptance of these terms of use of this Advertising Module ("Advertising Module Terms of Use") provided to you by BlackFish Software ("we", "us", or "the Company"), and the Third Party Beneficiary (defined below) and the licensor of the Advertising Module, Candeo Technologies, Inc. ("Candeo"). By clicking on our "I Agree" or "Accept" button, installing, copying or otherwise using the Advertising Module, you agree to be bound by these Advertising Module Terms of Use. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE ADVERTISING MODULE.

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.

Privacy
Your privacy is very important. The Advertising Module will NOT install any third party applications to your computer. We do NOT collect, receive or store any personally identifiable information about you or any information about your general Internet usage or computer usage via the Advertising Module. We will not serve any advertisements to you via a "pop-up" or "pop-under" window via the Advertising Module as you surf the web. The information we (or a third party acting on our behalf) may collect and receive is limited to non-personally identifiable information. Please refer to our Privacy Policy at http://www.poppers-advertising.com/poppers/privacy for more information.

Authority
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
Candeo has authorized us to distribute and sublicense the Advertising Module to you and other end users as provided in these Advertising Module Terms of Use and is an intended third party beneficiary ("Third Party Beneficiary"). As a Third Party Beneficiary to these Advertising Module Terms of Use, Candeo is entitled to directly enforce, in its own name, the rights and obligations undertaken by end users and to seek all legal and equitable remedies as are afforded to us.

Rights Granted
We grant you a nonexclusive, nontransferable, limited license permitting you to download and install the Advertising Module solely for your personal use. You shall not use the Advertising Module in any manner that could damage, disable, overburden, or impair the search services. The rights granted to you hereunder shall not be assigned, sublicensed, or otherwise conveyed to any other person, organization, or entity. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Advertising Module. You may not copy the Advertising Module. You may not translate, reverse-engineer or decompile, make derivative works from, or otherwise attempt to discover any source code in the Advertising Module. You may not modify the Advertising Module or use it in any way not expressly authorized by these Advertising Module Terms of Use or us. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that the introduction of software features, components and upgrades may not be consistent across all platforms and that the performance and features offered may vary depending on your computer and related equipment.

Amendment
We may modify or otherwise amend these Advertising Module Terms of Use at any time without prior notice to you. Any such modifications shall be deemed effective immediately upon publishing on the website located at http://www.poppers-advertising/poppers/termsofuse (the "Site"). For clarity, should any of these Advertising Module Terms of Use differ from the Advertising Module Terms of Use published on the Site, the version published on the Site shall govern. You agree to the amended Advertising Module Terms of Use by continuing your use of the Advertising Module. If you do not agree with the modified terms, your only remedy is to discontinue using the Advertising Module or to remove it from your computer.

Export Restriction
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.

Ownership
You do not become the owner of the Advertising Module. As between you and us, we are the owner or licensee of all intellectual property rights in and to the Advertising Module (excluding the Content). By these Advertising Module Terms of Use, you are conveyed only a limited right to access and use the Advertising Module. All rights not specifically granted herein, including Federal and International copyrights, are reserved by us or our licensors, as applicable.

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.

Content
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.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF EITHER OF CANDEO AND ANY OF ITS AFFILIATES AND US UNDER ANY PROVISION OF THESE ADVERTISING MODULE TERMS OF USE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification
You agree to release, indemnify, defend, and hold us harmless and hold harmless Candeo, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneys` fees and costs due to or arising out of your use, installation, or download of the Advertising Module or your breach of these Advertising Module Terms of Use.

Termination
You may terminate these Advertising Module Terms of Use at any time by uninstalling Poppers from the computer.

General
These Advertising Module Terms of Use shall be governed by the laws of England and Wales. These Advertising Module Terms of Use contain the complete agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in these Advertising Module Terms of Use shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of these Advertising Module Terms of Use, which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the parties` intent in entering into these Advertising Module Terms of Use.

Copyright (c) 2005 Blackfish Software All rights reserved.

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