THIS SOFTWARE APPLICATION IS ADVERTISING SUPPORTED AND IS PART OF THE RADIATE NETWORK.
IT WILL USE YOUR INTERNET CONNECTION TO DELIVER ADVERTISMENTS AND OTHER
DATA.  PLEASE READ THE LICENSE AGREEMENT BELOW FOR MORE INFORMATION. 

DENIS ZABIYAKO SOFTWARE LICENSE AGREEMENT

This document is provided as part of a freeware product, is subject to change without notice, and may be changed substantially prior to commercial release.

This is a legal agreement between you (either an individual or an entity) and Denis Zabiyako (Denis Zabiyako Software). By installing this software, you indicate your acceptance of this Denis Zabiyako Software License Agreement. If you do not agree to the terms of this License Agreement, you may not use or copy the software.

Denis Zabiyako Software may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.

1999-2000 Denis Zabiyako Software. All rights reserved.

This is a preliminary document provided as part of a freeware product and may be changed substantially prior to final commercial release. This document is provided for informational purposes only and Denis Zabiyako Software makes no warranties, either express or implied, in this document. The entire risk of the use or the results of the use of this document remains with the user. Companies, names, and data used in examples herein are fictitious unless otherwise noted. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the express written permission of Denis Zabiyako Software. If however, your only means of access is electronic, permission to print one copy is hereby granted.

Other product and company names mentioned herein may be the trademarks of their respective owners.

The Software is licensed, not sold.

Denis Zabiyako Software strongly suggests that you back up any important existing data and programs before you install or run this freeware release of the Software.

You may encounter minor problems using this freeware software; in rare cases, it is possible that you may encounter loss or destruction of data. Denis Zabiyako Software is not responsible for any problems resulting from the use of this freeware software, as detailed in the License Agreement.

Denis Zabiyako Software may place advertisements in the Software and keep statistics regarding your use of the Software (e.g., the average sessions per user, average session time, daily unique users, daily ad displays, and click-through). Denis Zabiyako Software will not monitor the content of your use.

ALL PRODUCTS BY DENIS ZABIYAKO SOFTWARE MUST HAVE DIGITAL SIGNATURES INSIDE (*.SIG). AND THEY MUST BE SIGNED BY DENIS ZABIYAKO SOFTWARE DEVELOPER KEY (DZSDK). IF THERE IS NO SIGNATURE FILE OR IF IT'S NOT VALID (BAD) THIS MEANS THAT YOU ARE USING A PIRATED/VIRUS INFECTED FILE IN THIS CASE YOU MUST DELETE IT. DENIS ZABIYAKO SOFTWARE DEVELOPER KEY.ASC MUST BE INCLUDED IN ZIP-FILE (EXP.DATE 6/22/2001).

FINGERPRINT:CDC5 C12D 18A9 54AD A78F  2046 405A 3C23 1D16 BA49

GOVERNING LAW:
If you acquired this Software in the United States, this Agreement shall be governed by the laws of the State of California. If you acquired this Software outside the United States, local law may apply.

TERMINATION:
Without prejudice to any other rights, Denis Zabiyako Software may terminate this Denis Zabiyako Software License Agreement if you fail to comply with the terms and conditions of this Denis Zabiyako Software License Agreement. In such event, you must destroy all copies of the Software.

SOFTWARE SUPPORT:
Denis Zabiyako Software may provide you with support services related to the Software (Support Services). Use of Support Services is governed by the Denis Zabiyako Software policies and programs described in online documentation, and/or in other Denis Zabiyako Software -provided materials. If no specific support information is identified, then Denis Zabiyako Software will not provide Support Services for the Software. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this License Agreement. With respect to technical information you provide to Denis Zabiyako Software as part of the Support Services, Denis Zabiyako Software may use such information for its business purposes, including for product support and development. Denis Zabiyako Software will not utilize such technical information in a form that personally identifies you.

SOFTWARE MAINTENANCE: 
Denis Zabiyako Software is not obligated to provide maintenance or updates to you for the Software. However, any maintenance or updates provided by Denis Zabiyako Software shall be covered by this Agreement.

EXPORT RESTRICTIONS: 
You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

LIMITED WARRANTY:
The software which accompanies this license (the "Software") is the property of Denis Zabiyako Software or its licensers and is protected by copyright law.  While Denis Zabiyako Software continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.  Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:

YOU MAY:
(i) use one copy of the Software on a single computer;

(ii) you may make unlimited copies of the Software and give copies to other persons or entities as long as the copies contain this Agreement and the same copyright and other proprietary notices that appear on or in the Software.

YOU MAY NOT:
(i) copy the documentation which accompanies the Software;

(ii) sublicense, rent or lease any portion of the Software;

(iii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or

(iv) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version  as a replacement of the prior version, unless you donate a previous version of an upgraded version to a charity of your choice, and such charity agrees in writing that it will be the sole end user of the product, and that it will abide by the terms of this agreement.  Unless you so donate a previous version of an upgraded version, upon upgrading the Software, all copies of the prior version must be destroyed.

Denis Zabiyako Software does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

DISCLAIMER OF DAMAGES:
The software is provided AS IS WITHOUT WARRANTY OF ANY KIND
Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Denis Zabiyako Software be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if Denis Zabiyako Software has been advised of the possibility of such damages.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
 
GOVERNMENT RESTRICTED RIGHTS:
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 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable.

GENERAL:
This Agreement will be governed by the laws of the State of California. This Agreement may only be modified by  a license addendum which accompanies this license or by a written document which has been signed by both you and Denis Zabiyako Software. Should you have any questions concerning this Agreement, or if you desire to contact Denis Zabiyako Software for any reason, send Email to denzab@bigfoot.com

Unpublished-rights reserved under the copyright laws of the United States. 

End-User License Agreement for Radiate Technology

Introduction

This Product is advertiser-supported software and incorporates advertisement serving and other technology by Radiate, Inc.  Advertiser-supported software creates revenue for software development through the end users- interaction with dynamically delivered advertising and the collection and use of user profile information, enabling software developers to create revenue and allowing end users to download, install and enjoy software products typically without having to pay fees, and providing advertisers and end users the convenience of customized, rather than blanket or repetitive, advertising.

NOTICE: Licensed Software incorporated into this Product collects personal information.  To learn more about how this information is collected and used, read the following information, and see Radiate, Inc.-s Privacy Policy Statement, which is hereby incorporated by reference, and may be accessed via the World Wide Web at http://www.radiate.com/privacy.html, or by telephoning (800)-695-5369.

By clicking the "ACCEPT" or "YES" or any other button referenced to this License Agreement that suggests you agree and/or by installing, using, or copying this Product, You are becoming a party to, indicating Your consent to, and agreeing to be bound by the terms of this License Agreement, without modification.  If You do not understand and accept all of the following terms and conditions, including those terms and conditions regarding the collection of user profile information, You click the "DO NOT ACCEPT" or "NO" or any other other button referenced to this License Agreement that suggests you disagree, and You must not install, use, or copy this Product.

1. Definitions.

(a) "Agreement" and/or "License Agreement" shall mean this License Agreement and any and all documents incorporated by reference, including but not limited to Radiate, Inc.-s Privacy Policy Statement; (b) "You," and/or "Your" shall mean the individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement; (c) "Licensed Software" shall mean Radiate, Inc.-s technology, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation; (d) "Product" shall mean the combination of the Licensed Software and the underlying software product in which the Licensed Software is incorporated; (e) "Demographic Information" shall mean any information that is not Personally Identifiable Information, and shall include, but is not limited to Your gender, age, zip code, browser type, operating system, and Internet protocol (IP) address and (f) "Personally Identifiable Information" shall mean any information that identifies You to others, and shall include, but shall not be limited to Your first and last name, home or other physical address including street name and name of city or town, e-mail address, and telephone number and (g) "Radiate, Inc." shall mean Radiate, Inc., and its licensees and agents, and (h) "live update" shall mean the automatic updating of Radiate technology or the technology of its affiliate partners on your computer.

2. License Grant.

Subject to the terms of this Agreement, Radiate, Inc. hereby grants You a non-exclusive and non-transferable license to reproduce and use for personal or internal purposes the Licensed Software, provided that any and all copies made must contain all of the original and unmodified proprietary notices, including, but not limited to, this License Agreement.

3. Restrictions.

You acknowledge and agree that You shall not (a) modify or create any derivative works of the Licensed Software or documentation; (b) attempt to disable the Licensed Software by any means or in any manner; (c) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Licensed Software (except to the extent applicable laws specifically prohibit such restriction); (d) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Licensed Software to any third-party; or (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Licensed Software or the Product.

4. Proprietary Rights.

You acknowledge and agree that Radiate, Inc. owns all title, ownership rights, and intellectual property rights in the Licensed Software.  You agree that you shall take no action that might jeopardize, limit, or interfere in any way with Radiate, Inc.-s ownership or other rights regarding the Licensed Software.  You acknowledge that the Licensed Software is protected by copyright and other intellectual property laws, and by international treaties.  You further acknowledge and agree that the remaining portions of the Product are the property of their respective owners and may also be protectable by applicable copyright, other intellectual property law, and international treaties.

5. Disclaimer of Warranty and Limitation of Liability.

THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" BASIS.  RADIATE, INC. DOES NOT WARRANT THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS-FREE, OR THAT ANY DEFECT IN THE LICENSED SOFTWARE WILL BE CORRECTED.  RADIATE, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE, AND NO USE OF THE LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL RADIATE, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF RADIATE, INC. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.  YOU ALSO AGREE THAT RADIATE, INC.-S ENTIRE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR DEMAND ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE SUM OF THE FEE YOU PAID FOR THE PRODUCT (IF ANY), WITH THE SOLE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF RADIATE, INC., TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT RADIATE, INC. IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THIRD-PARTY ADVERTISER CONTENT PROVIDED BY ITS LICENSEES, THAT MAY BE TRANSMITTED TO YOU THROUGH THE LICENSED SOFTWARE.

6. Legal Compliance.

You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Licensed Software and the Product.

7. Indemnity.

You agree to indemnify and hold Radiate, Inc., its successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys- fees, made by any third-party due to or arising out of your failure to comply with this Agreement or your violation of any law or the rights of any third-party.

8. Termination.

This Agreement shall be effective unless and until terminated.  You acknowledge and agree that Radiate, Inc. may, without prejudice to any other rights under this Agreement or applicable law, terminate the license granted in this Agreement at any time without notice to You if You fail to comply with any of the terms and conditions of this Agreement.  Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately terminate.


9. Privacy Disclaimer and Disclosure Regarding User Profile Information.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DEMOGRAPHIC AND PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE LICENSED SOFTWARE MAY BE USED BY RADIATE, INC., AND/OR THE MANUFACTURER OF THE PRODUCT, AS WELL AS SHARED, RENTED, LEASED, SOLD, OR OTHERWISE MADE AVAILABLE TO THIRD-PARTIES AT THE SOLE DISCRETION OF RADIATE, INC., IN ACCORDANCE WITH RADIATE, INC.-S PRIVACY POLICY STATEMENT. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE MAY ALSO GENERATE POP-UP DIALOGUE BOXES REQUESTING YOU TO VOLUNTARILY PROVIDE CERTAIN PERSONALLY IDENTIFIABLE INFORMATION, AND REQUIRING YOU TO PROVIDE CERTAIN DEMOGRAPHIC INFORMATION DURING REGISTRATION OF THE PRODUCT, AND/OR FROM TIME TO TIME THEREAFTER, WHILE THE PRODUCT IS ACTIVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE SHALL RESIDE ON YOUR LOCAL SYSTEM AND MAY OPERATE UNOBTRUSIVELY IN THE BACKGROUND, PERFORMING A LIVE UPDATE, DELIVERING ADDITIONAL REQUESTED SOFTWARE, COLLECTING AND TRANSMITTING INFORMATION RELATED TO THE DISPLAY AND TRACKING OF ADVERTISING AND ANY VOLUNTEERED DEMOGRAPHIC AND/OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU TO RADIATE, INC.-S SERVERS WHENEVER YOUR WEB BROWSER IS ACTIVE, WHETHER THE PRODUCT INCORPORATING THE LICENSED SOFTWARE IS ACTIVE OR NOT.

NOTICE: If, after installing, using, or copying the Product, You decide that You prefer to discontinue disclosing Your Personally Identifiable and/or Demographic Information, You may either: (a) register the Product and any and all other Products incorporating the Licensed Software, or (b) perform a complete uninstallation of the Product and any and all Products incorporating the Licensed Software.  You may not, however, disable the Licensed Software and continue to use this or any Product that incorporates the Licensed Software.

10. Miscellaneous.

(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof; (b) This Agreement may be amended only by a writing signed by both parties; (c) This Agreement and any dispute arising out of it shall be governed by the laws of the State of California, USA; (d) Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Santa Clara County, California, under the auspices of JAMS/Endispute, with the losing party paying all costs of arbitration. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of that party pending the completion of arbitration; (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods; (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect; (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof; (h) The provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination; (i) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Your assets to another entity; (j) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns; (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay), or interruption of service resulting directly or indirectly from any cause beyond its reasonable control, and; (l) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

11. US Government Restricted Rights Legend.

The Licensed Software and any documentation provided is commercial in nature and has been developed exclusively at private expense.  Use, duplication or disclosure by the United States 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 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights section at 48 CFR 52.227-19, and any other successor regulations, as applicable.  Manufacturer is Radiate, Inc., current address to be found at http://www.radiate.com.

12. Acknowledgment of Agreement.

I am over 18 years of age.  I have carefully read and understand this Agreement, Radiate, Inc.-s Privacy Policy Statement.  

IF YOU ACCEPT the terms of this Agreement:

I acknowledge and understand that by ACCEPTING the terms of this Agreement, I am consenting to Radiate, Inc.-s use of my information as explained herein.

IF YOU DO NOT ACCEPT the terms of this Agreement.

I acknowledge and understand that by refusing to accept these terms, I have rejected this license agreement and therefore have no legal right to install, use, or copy this Product or the Licensed Software that it incorporates.