PLEASE READ AND ACCEPT THE FOLLOWING END USER LICENSE AGREEMENTS FOR ACCELERATION SOFTWARE & GATOR.COM SOFTWARE, AS WELL AS THE PRIVACY POLICY FOR GATOR.COM SOFTWARE BEFORE PROCEEDING.
Installation may include the Onflow player, please visit www.onflow.com for more information. To uninstall the onflow player, please go to c:\program files\onflow\ and click on the uninstall icon. Installation may also include eAcceleration Download Receiver, *depending on user acceptance during the Webcelerator install.* To uninstall the Download Receiver, please go to add remove program in your systems control panel. Select the eAcceleration Download Receiver and click uninstall.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE.
--- ACCELERATION SOFTWARE End User License Agreement ---
1. License - In this license agreement ("License Agreement"), you are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, Acceleration Software International Corporation ("Licensor") grants Licensee the non-exclusive license to use the accompanying software ("Licensed Product") free of charge for personal non-commercial use outside of Japan. All rights to and in the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Licensed Product. Licensee may transfer or distribute the Licensed Product to others in unmodified form only. Licensee may bundle the Licensed Product with another product or service. In any distribution of the Licensed Product by Licensee, Licensee shall include licensing provisions to the Licensed Product at least as restrictive as the terms of this agreement. Licensee may not restrict sub-licensees from distributing the Licensed Product. Use or distribution of the Licensed Product in Japan is strictly prohibited.
2. Term - This License Agreement is effective until terminated. Licensee may terminate this License Agreement by deleting all copies of the Licensed Product in Licensee's possession or control. Licensor may terminate this License Agreement at any time. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.
3. Object Code - The Licensed Product is delivered in computer program object code format only. Licensee shall not reverse compile or otherwise reverse engineer the Licensed Product.
4. Limited Warranty - Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free. THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.
5. Limitation Of Liability - IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE LICENSED PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES.
6. General - This Agreement shall be governed by and interpreted under the laws of the State of Washington, United States of America, without regard to conflicts of provisions. In the case of the United States Government or an agency thereof as Licensee, the following additional terms apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and as applicable,
7. Privacy Statement - Our ad-supported software has registration forms that require the user to provide contact information (like their name and email address), unique identifiers (like their social security number), financial information (like their account or credit card numbers), and demographic information (like their zip code, age, or income level).We use customer contact information from the registration form to send the user information about our company and promotional material from some of our partners. The user's contact information, when permission is granted by the user, is also sent to the eAcceleration partners participating in the software promotion. eAcceleration may, in the event that a partner defaults on a contract or at eAcceleration's discretion, keep that database in house in anticipation of securing a comparable offer for that user. The customer's contact information is also used to contact the visitor when necessary and shared with other companies who may want to contact our visitors. Users may opt out of participating in the registrations we collect for our partners by choosing the appropriate radio button on the registration form. Financial information that is collected is used to check the users' qualifications for registration and to bill the user for products and services. Unique identifiers (such as social security numbers) are collected to verify the user's identity and for use as account numbers in our record system. Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers on an aggregate basis.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
Acceleration Software International Corporation, Licensor Corporation, Poulsbo, Washington
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
--- GATOR.COM ---
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE CONTINUING TO USE OUR SERVICE OR SOFTWARE.
THIS PRIVACY POLICY AND END USER LICENSE AGREEMENT REPLACES THE PRIVACY POLICY AND END USER LICENSE AGREEMENT PREVIOUSLY APPLICABLE TO YOU. IF YOU REJECT THIS PRIVACY POLICY AND END USER LICENSE AGREEMENT YOU SHOULD REMOVE ALL GATOR SERVWAREAPPS FROM YOUR COMPUTER. FAILURE TO REMOVE ALL GATOR SERVWAREAPPS FROM YOUR COMPUTER WILL INDICATE ACCEPTANCE OF THIS PRIVACY POLICY AND END USER LICENSE AGREEMENT.
Gator.com Privacy Policy and End User License Agreement
--- GATOR.COM PRIVACY POLICY ---
Please read this document and make sure you understand it. By continuing to use Gator.com software and services or Gator.com distributed third-party software and services (collectively called "Gator ServWareApps") you will be deemed to have accepted this Gator.com Privacy Policy and End User License Agreement. Visit http://www.gator.com/servwareapps for a list of current Gator ServWareApps.
Here's the deal. And why it is a win-win opportunity.
You get: free services and software applications that make it faster and easier to perform online activities such as filling in registration and order forms, remembering passwords and saving money while shopping.
We get: the chance to occasionally show you special offers and advertisements that are selected to match your interests and to bring you useful desktop software applications and services that we think might make your internet experience more enjoyable. We determine your interests by collecting information about where you surf and shop on the web. For example, if you frequently shop for books, OfferCompanion may introduce you to a money-saving offer from a bookstore. Or if you use Gator Form Helper to fill out a registration form on a recipe site, we might display an advertisement for cookware in the Form Helper window. Depending on which services and applications you use, as well as your preferences, these special offers and advertisements may be displayed using popup windows, on web pages, and/or sent to you via electronic mail.
The money we earn from our advertisers and business associates allows us to provide these applications and services to you free.
Basic stuff we need to know about you. And how we use it.
Gator ServWareApps pay attention to where you are on the web in order to know when to offer assistance (e.g., automatically recognizing and offering to help fill out forms that appear in your browser) as well as to create a profile that is used to select and deliver special offers and advertisements that we think might be of interest to you. This profile is stored on Gator.com servers and consists of:
- Your email address, first name, country and ZIP code (limited to first 5 digits in the U.S.)
- Your Gator.com ID which is a numeric identifier that is generated by Gator.com when you receive Gator ServWareApps
- Your master Gator password, if you choose to use one (we store this so we can share it with you if you happen to forget it)
- Information about web pages you visit -- this information includes a site's web address, time spent at a site, transaction activity, where Gator ServWareApps were used, site entry and exit patterns, and some products and information viewed
- Any optional demographic information you choose to provide us such as gender and income
- History of various special offers and advertising delivered by Gator ServWareApps, and your various responses to them
- Standard web log information and system settings such as user IP addresses, browser type and versions, screen resolution, time zone selected and the version numbers of some of the software installed on your personal computer
Your email address, first name, ZIP code and country information that you have stored in a Gator ServWareApp is updated on our servers whenever you change this information. To ensure that we and our third party service providers can deliver special offers and advertising we can also collect, store and/or update the email address, first name, ZIP code and country information that is most often used to fill out popular web based forms using your computer. Your profile is updated for as long as you are using any Gator ServWareApp so that we can continue to send you special offers and advertising via email. Upon email request to removeinfo@gator.com, we will promptly remove the information that links your email address to the rest of your profile in our online database. Please note that we do not delete information from our back-up copies of earlier versions of our databases; these back-up copies, however, are used solely to recover data that we still have your permission to use that is inadvertently lost due to such things as equipment failure.
Since each Gator ServWareApp has both a client (software) and server (network) component, Gator.com-controlled servers do communicate with your computer on a regular basis. We use technology that automatically delivers software applications, automatic updates to these applications, and other information to your computer without requiring any action on your part so that they will be ready and waiting for you when you need them. For example, in order for Gator Form Helper to know how to fill out an order form on a web site you visit, it must retrieve the instructions for how to fill out that form from our server.
Gator.com may occasionally utilize certain rich media viewing/playing applications and/or browser plug-ins ("Rich Media Player/Viewers") such as those published by Macromedia, OnFlow, Microsoft, Real Networks and others in order to include audio and visual effects such as animation, video and sound. Gator.com may install certain Rich Media Player/Viewers, which may be required to view such content. Please note that these Rich Media Player/Viewers are third party technologies and may be subject to third party license agreements, privacy policies and other terms and conditions. Visit http://www.gator.com/richmediaapps for a list of current rich Media Player/Viewers used by Gator.com and links to their respective policies.
Gator ServWareApps may also include price comparison technology powered by Click-the-Button ("Gator PriceCompanion"). Visit http://www.gator.com/servwareapps for a list of current Gator ServWareApps and links to their respective policies.
Stuff Gator.com and partners don't need to know about you.
The following information is not stored on Gator.com servers unless you request us to do so by registering for optional services: your last name, street addresses, phone numbers, credit card numbers and login IDs/passwords for web sites which Gator Login Helper remembers for you. And the basic information that we do store on our servers (specified above) is physically locked up and firewalled for safety.
In the future, we may offer new services to you in exchange for providing additional information, such as your full name and mailing address, on a strictly opt-in basis. In that event, we would store this information on Gator.com servers and also use this information to select and deliver special offers and advertising to you. In some cases acceptance of a special offer will require that Gator.com provide some of your personal information to a third party, which will be done only with your consent.
Except as described herein, Gator.com will not transfer or sell any personally identifiable information about you to any third party without your express permission. Please be aware that we sometimes use third party contractors who are given access to your profile to perform tasks that might otherwise be done by Gator.com employees. However, these third parties have no rights to use our information for purposes other than those described herein and they are subject to the same restrictions as Gator.com employees. We will also disclose information to a third party if legally required to do so.
Gator.com does share non-personally identifiable or aggregate information about where our users surf on the web. For example, we might tell a merchant that we have 50,000 Gator ServWareApp users who buy books. But we would not disclose personally identifiable information about an individual shopper to that merchant. This guarantees that we can obtain great offers for you while respecting your privacy.
Changes to our Privacy Policy and End User License Agreement.
When we automatically deliver and/or update Gator ServWareApps it is likely that we will have to make changes to our Privacy Policy and End User License Agreement from time to time. If so, we will provide you with notice either by displaying an online pop-up communication or sending an email message. It is possible that in some cases you might be required to actively "accept" the new Privacy Policy in order to continue using certain Gator ServWareApp applications. We will also continue to prominently publish the current Gator ServWareApps Privacy Policy on our web site that is accessible through the Help button displayed in a Gator ServWareApp. If our Gator ServWareApps Privacy Policy changes in the future, we will not - without your permission - use the personal information that we received from you in a manner that is materially inconsistent with the Gator ServWareApps Privacy Policy that was in effect when the information was collected. Finally, in the event Gator.com sold substantially all of its assets to a third party, we would transfer your information to that party; however, that purchaser would be bound by the Gator ServWareApps Privacy Policy applicable to the Gator ServWareApps operating on your computer - just as Gator.com is.
Cookies.
A cookie is a small file, often containing an anonymous unique identifier, which is sent to your browser from another computer and stored on your computer's hard drive.
Each server in communication with your computer can store its own cookie on your computer unless you have disabled this feature on your browser. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preference). In order to enable certain third parties to display targeted advertisements for Gator.com on some of the web pages you view, Gator ServWareApps may read the cookie information that those third parties stored on your computer and send that information to our servers so that we can include it in advertisement display request that we send to those third parties.
Gator.com uses cookies for the following purposes:
- To identify the partner that was responsible for introducing you to a Gator ServWareApp application so that Gator.com can pay that partner a fee for introducing you
- To display the most appropriate advertising banners, based on your interests and activities
Please note that Gator.com may allow third-party service providers to deliver special services to Gator ServWareApp users and to set and access their cookies on your computer. When these companies set and access their cookies on your computer they do so in accordance with their own privacy policies. Visit http://www.gator.com/servproviders to view a list of third-party service providers with which Gator.com currently has relationships - along with links to the applicable privacy policies.
Web Beacons.
Web beacons are electronic images (also called a "single-pixel GIF") found in, among other places, banner advertisements and email messages. Gator.com and third-party service providers may include web beacons in email messages in order to count how many recipients have viewed these messages. Third party service providers that serve ads to Gator ServWareApps users at Gator.com's request may use web beacons in connection with the provisioning of their services.
Optional surveys.
During registration, Gator.com may ask you for optional demographic information such as gender and income. And, later on, you may be requested to answer optional surveys. If you answer these, we may store your responses your profile and use it to help us bring you even more relevant information and offers.
Email.
Gator.com will send you a welcome message when you first install Gator as well as a periodic newsletter. We may also send you special offers and/or ask you to participate in a survey.
If you don't want to receive our emails you'll find simple directions for unsubscribing from our periodic newsletters and special offer emails in every message you receive from us. We reserve the right to contact you, however, with non-commercial Service Alert emails in case of critical events such as changes or updates to our software or material changes to this Privacy Policy.
Optional programs
Rewards Programs:
If you belong to a rewards program such as Cybergold, or a charity program such as ShopForSchools.com, you can earn money or points for those programs. But, obviously, we may provide information about you back to them for the purpose of paying you or awarding you points. The information is usually your member number or email address - however you have identified yourself on the rewards' site.
Contact-Us Page:
We use our "contact us" pages to collect information about you. In the case of customer support questions, we use the information to help diagnose and address consumer questions. Although we collect this information, we do not combine this with any information we have about your preferences or interests.
--- GATOR.COM END USER LICENSE AGREEMENT ---
What follows is also a large section that is called an End User License Agreement. This is about export controls and ownership of the software and technology and other stuff. We tried to write it in the plainest English possible and we encourage you to read it carefully.
End User License Agreement ("Agreement")
By continuing to use Gator ServWareApps and select third-party software and services distributed by Gator.com you agree to the following terms and conditions which succeed those terms and conditions to which you had been previously bound. Unless stated otherwise, any new products or services we provide or distribute, whether through our web site or servers, or through third-party web sites or servers, are also subject to these terms and conditions.
Scope of License. Gator.com and third-party software and service providers grant to you a non-exclusive, limited license, pursuant to the terms hereof, to (a) install and use the most current versions of Gator.com and third-party software and services solely for the purpose of accessing the Gator.com and third-party provided services and software applications available through our web site or servers, or the web sites and servers of our business associates, and (b) use Gator ServWareApps for your personal, non-commercial purposes. For purposes of the Gator Privacy Policy and End User License Agreement, reference to "Gator ServWareApps" refers to Gator.com and select third-party software and services brought to you by Gator.com.
License Restrictions. Your license to an existing version of a Gator ServWareApp application may, at Gator.com's discretion, expire when new versions of that Gator ServWareApp application are released. Gator.com reserves the right to add additional features or functions to existing Gator ServWareApp application, or to add new applications to the Gator ServWareApps suite, at any time. When installed on your computer, all Gator ServWareApp applications communicate with the Gator.com or third-party servers periodically. Additionally, Gator.com may require the update or automatic distribution of Gator ServWareApp applications on your computer when a new version of the Gator.com ServWareApp application is released to the general public, when new features are available, to deliver promotional offers, and/or to add new applications to the applications that comprise Gator ServWareApps. This update or new download may occur automatically or through other means. You understand that Gator.com and/or one of our business associates may require your review and acceptance of Gator.com's or their then current Privacy Policy before you will be permitted a limited license to any subsequent versions of Gator ServWareApp applications.
Notwithstanding the foregoing, Gator.com and its business associates have no obligation to make available to you any subsequent versions of Gator ServWareApp applications. You may not distribute or copy (other than for backup purposes) Gator ServWareApps. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble Gator ServWareApp equivalent of Gator ServWareApps in any way. You do not have the right to create derivative works of Gator ServWareApps, and you agree not to attempt, or allow others to attempt, to reverse engineer Gator ServWareApps and/or modify Gator ServWareApps source code. Any and all such modifications or enhancements to Gator ServWareApps by you, Gator.com, or Gator.com business associates remain the sole property of Gator.com or its business associate. You further agree not to access Gator.com or Gator.com business associate services or software application by any means other than the interface provided by Gator.com or such business associate to access the relevant service. You understand that Gator.com, in its discretion, may modify or discontinue or suspend your right to access any of services at any time.
Gator.com reserves all rights in Gator ServWareApp applications not expressly granted to you in this Agreement.
Other Restrictions. You may not rent, lend, assign, or lease a Gator ServWareApp, but you may transfer your rights under Gator's End User License Agreement on a permanent basis provided (i) you transfer all copies of the Gator ServWareApp and Gator's Privacy Policy and End User License Agreement; and (ii) the recipient agrees to be bound to Gator's Privacy Policy and End User License Agreement. Any transfer must include the most recent product upgrade. Prior to transferring a Gator ServWareApp you must remove all copies of the product from your machine.
Ownership. You agree that each Gator ServWareApp application is licensed, not sold to you. You agree that Gator ServWareApps belong to Gator.com, including all intellectual and proprietary rights, unless otherwise specified. Gator.com and/or Gator.com's third party service providers retain all right, title and interest in and to Gator ServWareApps at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. In addition, all content accessed through Gator ServWareApps is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no rights to such content.
Voluntary Software and Right to Uninstall. You understand that Gator ServWareApp applications, like Gator and OfferCompanion, are voluntary software programs, and you may uninstall either or all of them at any time by using the windows add/remove programs function. However, by uninstalling all Gator ServWareApps, you will be unable to access Gator.com and/or select third-party services. Please note that uninstalling any Gator ServWareApp does not uninstall any Rich Media Player/Viewers described above.
Your Obligations. You represent and warrant that you are the owner of the computer that you have caused a Gator ServWareApp to reside on, or the owner of the computer that you have caused a Gator ServWareApp to reside has granted you all rights and permissions to do so. You agree, with respect to all other users of the computer that you have caused a Gator ServWareApp to reside, to (i) provide a copy of this Privacy Policy and End User License Agreement to them; and (ii) obtain their consent to Gator's Privacy Policy and End User License Agreement before allowing them to use the computer to surf the Internet. You agree to provide true, accurate, current and complete information about yourself as requested in our registration and account forms and to maintain and update that information to keep it true, accurate, current and complete. You agree to not misrepresent your identity or to provide any false information that is requested as part of the service. You agree not to use the service to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service.
Disclaimer of Warranty. USE OF GATOR SERVWAREAPPS, THIRD-PARTY APPLICATIONS DISTRIBUTED BY GATOR.COM, OUR WEB SITE, AND ANY CONTENT AVAILABLE THEREFORE ("GATOR SUPPLIED MATERIALS") IS AT YOUR OWN RISK. GATOR.COM PROVIDES GATOR SUPPLIED MATERIALS ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. GATOR.COM MAKES NO WARRANTY THAT (i) THE GATOR SUPPLIED MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GATOR SUPPLIED MATERIALS WILL BE RELIABLE; (iii) THE GATOR SUPPLIED MATERIALS WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE GATOR SUPPLIED MATERIALS WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE GATOR SUPPLIED MATERIALS WILL BE CORRECTED. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Access and Interference. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of Gator Supplied Materials.
Privacy Policy and Other Policies. You agree to be bound by and comply with our Privacy Policy (above), the privacy policy of select third-party's for whom we distribute applications, and any other Gator.com or select third-party policies governing the use of Gator ServWareApps that are posted on our web site, select third-party web sites, or provided to you either electronically or otherwise in writing.
Security. You are responsible for maintaining the confidentiality of your Gator master password. You are also responsible for all uses of your Gator master password and any and all related charges, whether or not authorized by you.
Links. Gator Supplied Materials may contain links to web sites operated by other parties. The linked web sites are not under the control of Gator.com, and Gator.com is not responsible for the content available on any other Internet sites linked to our Web Site. Unless otherwise stated, such links do not imply Gator.com's endorsement of material on any other web site, and Gator.com disclaims all liability with regard to your access to such linked web sites. Your access to any other Internet sites linked to this Web Site is at your own risk.
Unless otherwise set forth in a written agreement between you and Gator.com, you must adhere to Gator.com's linking policy as follows: (i) any link to Gator.com's Web Site must be a text only link clearly marked "Gator.com Web Site", (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Gator.com's names and trademarks, (iii) the link must "point" to the URL www.Gator.com. and not to other pages within the Gator.com Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Gator.com.com, Inc., (v) when selected by a user, the link must display the Gator.com Web Site on full-screen and not within a "frame" on the linking web site, and (vi) Gator.com reserves the right to revoke its consent to the link at any time and in its sole discretion.
Termination. You may terminate this Agreement at any time by uninstalling and destroying all copies of all Gator ServWareApp applications in your possession or control.
Limitation of Liability. IN NO EVENT WILL GATOR.COM, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS (INCLUDING ONFLOW INC. AND CLICK-THE-BUTTON), ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") 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 SOFTWARE, SERVICE OR WEBSITE, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $1,000.00.
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 Protected Parties Liability. Protected Parties assume no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorneys' fees for, any claim based upon: (i) any method or process in which a Gator ServWareApp application may be used by you; (ii) any results of using a Gator ServWareApp application; (iii) any use of other than a current unaltered release of a Gator ServWareApp application; or (iv) the combination, operation or use of any Gator ServWareApp application(s) furnished hereunder with non-Gator.com programs or data if such infringement would have been avoided by the combination, operation, or use of the Gator ServWareApp application(s) with other programs or data.
Export Controls. Gator ServWareApps 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 Gator ServWareApps, 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, and that you will otherwise comply with all applicable export control laws.
Applicable Law. Gator.com operates our web site, provides our services, and distributes Gator ServWareApp applications from our offices in California, USA. The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
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. The foregoing shall not preclude Gator.com from seeking any injunctive relief for protection of Gator.com's intellectual property rights.
Successor Agreements. The terms of this Agreement and/or the Gator.com Privacy Policy and/or the privacy policy of select third parties for whom we distribute applications may change in the future. The terms that pertain to the Privacy Policy are listed above in that section. If this occurs, assuming that Gator.com has a current and effective email address for you, Gator.com will provide to you notification of Agreement and/or Privacy Policy and/or third-party privacy policy change information via email or through an online pop-up window. If you have opted out of receiving optional Gator email communications you may still get this notification via a Service Alert email. Gator.com will always post such changes on our web site that can be accessed at http://www.gator.com.
You agree that after such notice, that 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 relevant Gator ServWareApps component from your computer. Failure to remove the relevant Gator ServWareApps from your computer indicates acceptance of the terms of the Agreement and any successor Agreements. Except as provided in this section, this Agreement may not be revised except in writing signed by both parties.
U.S. Government Restricted Rights. Gator ServWareApps are provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
General. This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and Gator.com with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. Gator.com shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of Gator.com. You may not assign this Agreement without our consent.
