GATOR.COM SOFTWARE LICENSE AND TERMS OF SERVICE NOTICE -- READ THIS BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE. INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS AGREEMENT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
Scope of License. Gator.com grants to you a non-exclusive, limited license, pursuant to the terms hereof, to install and use the Software internally and solely to connect to the Service, and you may not modify, reverse-engineer, decompile, or disassemble the Software or in any way modify the Software. You do not have the right to create derivatives of the Software, and you agree not to attempt to create the source code of the Software. Any and all such modifications or enhancements to the Software by or you or Gator.com remain the sole property of Gator.com.
Ownership. You agree that the Software belongs to Gator.com. You agree that you neither own nor hereby acquire any claim or right of ownership to the Software or to any Intellectual Property Right. Gator.com retains all right, title and interest in and to the Software at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This Agreement is not a sale of the original or any subsequent copy of the Software. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This Agreement gives you no rights to such content.
Disclaimer of Warranty. GATOR.COM PROVIDES THE SOFTWARE AND THE SERVICES "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL RISK OF QUALITY AND PERFORMANCE OF THE SOFTWARE OR SERVICES REMAINS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Remedies. IN NO EVENT WILL GATOR.COM, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS OR AGENTS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF GATOR.COM OR AN AUTHORIZED LICENSOR DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GATOR.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
No Gator.com Liability. Gator.com assumes no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorney's fees for, any claim based upon: (i) any method or process in which the Software or Services may be used by you; (ii) any results of using the Software or Services; (iii) any use of other than a current unaltered release of the Software; or (iv) the combination, operation or use of any of the Software or Services furnished hereunder with non-Gator.com programs or data if such infringement would have been avoided by the combination, operation, or use of the Software or Services with other programs or data.
Export Controls. The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Applicable Law. This Agreement will be governed by the laws of the State of California, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
Successor Agreements. If Gator.com changes this Agreement or its privacy policy, Gator.com will alert you via email, assuming Gator.com has a current and effective email address for you, and Gator.com will post the successor Agreement on its website. You agree that after such notice has been provided to you via the email address that Gator.com has on file for you, and/or on the Gator.com website, you consent to the successor Agreement, unless you affirmatively indicate to Gator.com by email that you do not accept the successor Agreement. If you do not accept the successor Agreement, you should remove the Software from your computer. Failure to remove the Software from your computer indicates acceptance of the terms of the Agreement and any successor Agreements.
Defined Terms.
Agreement. "Agreement" shall mean this Gator.com Software License and Terms of Service.
Basic Contact Information. "Basic Contact Information" shall mean your name, your email address, your zip code and your password.
Gator.com. "Gator.com" shall mean Gator.com Corporation, Inc. and any affiliated entities.
Intellectual Property Rights. "Intellectual Property Rights" shall mean all rights as may subsist or may be secured by Gator.com to any patent, copyright, trade secret or other intellectual property or proprietary right, together with all rights of Gator.com under contracts, licenses and other agreements relating to its products, the Software and its Services.
Personal Information. "Personal Information" shall mean your login names and passwords to various web sites, credit card numbers and shipping addresses.
Software. The "Software" is the current version of the Gator.com application which is provided by Gator.com either in source code or object code, as well as any corrections, enhancements, extensions, new releases or new versions of any such Software which may be developed by or for Gator.com.
Service(s). The "Service" or "Services" shall refer to the utilization of the Software in connection with the resources and products offered at the time of this Agreement, or from time to time thereafter, at the website, or in any other capacity, of Gator.com.
Terms of Service.
1. During registration we collect Basic Contact Information. This Information is stored on Gator.com servers. Gator.com reserves the right to use this information in conformity with the terms of this Agreement.
2. Your Personal Information is stored locally on your computer in an encrypted file. To the extent Gator.com may access this Personal Information, Gator.com will not transmit this Information voluntarily to any third party without your express consent. You access and utilize your Personal Information when you fill out an online form with the Software and you provide it to an on-line merchant or a website. This Personal Information remains in your full control, and you choose the extent and substance of the revelation of this Information to the websites that you visit.
3. Gator.com may, on occasion, use your IP address to help diagnose problems with our server and to administer our website.
4. Gator.com uses a temporary cookie for its website during installation. Once the installation process is complete, the Gator.com cookie is automatically deleted.
5. Multiple users on the same terminal may use the Software and Services. You are protected from the disclosure of your Personal Information by your password. You are responsible for the control of your password and access to your Personal Information. If you share your password with others, intentionally or inadvertently, they may be able to access your Personal Information. If you do not wish to share your password with others, it is your responsibility to ensure the password option is set to require each user to enter a password before using the Software or Services.
Use of Basic and Personal Information. Gator.com may provide aggregate statistics about its customers, traffic patterns, and related site information to reputable third-party vendors in order for Gator.com to obtain valuable promotional offers to provide to its customers.
In order to provide this Service, we collect information on your web usage that remains anonymous to third parties. Gator.com may derive general information from your Personal Information and web usage. Gator.com will not voluntarily disclose, sell or trade your Personal Information to any third party without your consent.
Without revealing your Personal Information to third parties, Gator.com will seek out high-value offers and great deals from commercial partners that match your interests. Gator.com will provide this Service to you via email or through "GatorGrams" or another proprietary instrument of Gator.com. You may opt-out of this Service at any time by sending an email to Gator.com as detailed in this Agreement or on the Gator.com website.
Choice/Opt-Out of Services. To the extent that Services are sent by email, you may elect to opt-out of the Services as follows:
1) You can send email to remove@gator.com
2) You can visit the following URL: http://www.gator.com
Entire Agreement. This Agreement constitutes the entire agreement between you and Gator.com pertaining to the subject matter hereof. Any and all other written or oral agreements existing between the parties hereto regarding such transactions are expressly canceled.
