END USER LICENSE AGREEMENT

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.

The Soundom Citizenship Application
If you are ready to join the next (r)Evolution in music YOU MUST AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY AND ANTI-SPAM POLICIES, AND CLICK ON THE "CONTINUE" LINK FOLLOWING THE TEXT OF THIS AGREEMENT IN ORDER TO JOIN SOUNDOM.COM.  As such, you will be eligible to receive the benefits of Citizenship including our ability to pay our Citizens for their time spent listening to music while accessing the Soundom Application, Plug-in, or Services.  If you do not agree with the terms of the following Citizenship Agreement in their entirety, then you cannot become a Soundom Citizen. 

Agreement
This Agreement lays out the terms governing your SOUNDOM.COM Citizenship. Please read it carefully before you agree to become a citizen.  The SOUNDOM.COM Application, Plug-ins, and Services will be launched in the near future and will allow SOUNDOM.COM to begin paying its Citizens for their time listening to their music while accessing  SOUNDOM.COM Services.  IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS CITIZENSHIP AGREEMENT, INCLUDING SOUNDOM.COM'S ANTI-SPAMMING AND PRIVACY POLICIES YOU CANNOT BECOME A SOUNDOM.COM CITIZEN. 

This Citizenship Agreement between you ("you" or "Citizen") and SOUNDOM  ENTERTAINMENT CORP ("SOUNDOM.COM" or SOUNDOM), a California corporation, and any of its potential partners or subsidiaries (collectively "We" or "SOUNDOM.COM"), sets out the terms of your SOUNDOM.COM Citizenship. 

Requirements for Citizenship
To attain and maintain your Citizenship in SOUNDOM.COM, you must meet the following requirements.  SOUNDOM.COM reserves the right to immediately terminate the Citizenship of anyone who fails at any time to meet these requirements: 

By applying for SOUNDOM.COM Citizenship, you are certifying that you are capable of entering into a contract under the laws of your jurisdiction.  If you are not eligible to enter into a contract due to your age, incompetence or other restriction, you cannot become a SOUNDOM.COM Citizen.  If you are not capable of contracting by yourself, you  can get your guardian  to fill out and submit our Guardian Consent Form.  

To Apply for Citizenship with SOUNDOM.COM you must be a real Homo sapiens person and not a company, a pet, or other legal entity.  You may only maintain one SOUNDOM.COM Citizenship at any given time. 

You must provide SOUNDOM.COM with valid contact and residence information, and must update that information as it changes.  Furthermore, you may not impersonate someone else or IN ANY WAY misrepresent your identity.  SOUNDOM.COM reserves its legal right to revoke your Citizenship due to any untruthful information that you provide or omission of required information for which you are responsible. 

Your Citizenship is not transferable.  You may not allow anyone else to use your password or identity, nor may you use anyone else's password or identity to generate credit for anyone else.  You are responsible for keeping your password secret; SOUNDOM.COM is not liable for any loss or damage caused by any disclosure of your password or identity.  You may only create one identity for yourself and may not establish an identity on anyone else's behalf. 

You agree to comply with all of your local, state, province, country and regional legal restrictions that may be applicable to your Citizenship in SOUNDOM.COM. 

You may renounce your Citizenship with us at any time by sending an email with your username and password to info@SOUNDOM.COM.  If you decide to cancel your Citizenship and later wish to re-enroll, you will be asked to choose a new username, and you may have to wait for activation of the SOUNDOM.COM Application, Plug-ins or Services along with other new citizens.  You will not receive credit for listening time nor referrals made under your previous account.

SOUNDOM.COM at its sole discretion may refuse to accept applications for Citizenship and may terminate any Citizens without prior notice, for any reason including but not limited to: (i) any violation of any provision of this Citizenship Agreement, including the SOUNDOM.COM Anti-Spamming and Privacy Policies; (ii) aiding in or promoting circumvention of the SOUNDOM.COM Application, Plug-ins or  Services; (iii) acting against SOUNDOM.COM's business interests or reputation; (iv) otherwise acting unlawfully with regard to SOUNDOM.COM, the SOUNDOM.COM.com website or the SOUNDOM.COM Application, Plug-ins or  Services, or (v) conduct inconsistent with the best interests of SOUNDOM.COM and/or its Citizenship, as determined by SOUNDOM.COM management in its discretion. 

If your citizenship is revoked by SOUNDOM.COM, you may not re-enroll or join under a new identity unless formally invited to do so by SOUNDOM.COM. 

By filling out the My Soundom form you are applying to receive a service. Your relationship to SOUNDOM.COM is one of an independent contractor and/or customer. No employee-employer relationship or agency relationship is created by your use of the service.  You do not have any obligation to refer new Citizens to the SOUNDOM.COM program. SOUNDOM.COM HAS NO OBLIGATION TO OFFER THE SOUNDOM.COM APPLICATION, PLUG-INS, SERVICES OR OTHER PROMOTIONS TO YOU.  However, as a SOUNDOM.COM Citizen, you are eligible to receive the SOUNDOM.COM Application, Plug-ins and Services and other promotions as SOUNDOM.COM releases them to you. 

Spam Policy
SOUNDOM.COM forbids spamming.  Spamming is the sending of unsolicited mass emails of any kind, as well as newsgroup or bulletin-board system (BBS) postings that are irrelevant to the subject of the newsgroup or BBS.  If you spam you harm the goodwill and respect of SOUNDOM.COM.  Thus if we, at our sole disrection, find evidence of you spamming, your account will be closed, you will lose your referrals, and you will be unable to re-register with SOUNDOM.COM EVER.  If a referral spams, that person will be thrown out of SOUNDOM.COM, and you will lose credit for that referral.
If you are spammed by a Citizen of the SOUNDOM.COM community regarding SOUNDOM.COM, please report it to us at:  INFO@SOUNDOM.COM

Privacy Policy
SOUNDOM.COM is committed to protecting your privacy.  Please read our full privacy statement at: http://www.soundom.com/login/login.cgi?s=26&stage=privacy

Additionally, we use your IP address to troubleshoot problems with our applications and services and servers, as well as to administer our website.  We utilize cookies to save your Citizen name/login at your option, so you do not have to reenter it when accessing SOUNDOM.COM services, as well as to record your habits.  Our site registration form requests users to give us contact information (like address, email, etc.), and demographic information (income, education, hobbies, etc.).  We use all this information to send the user specifically targeted advertisements through our Soundom Application.  Our Soundom Application  will eventually have the ability to recognize the songs you listen to and to record what those songs are through ID3 Tagging and other means.  We utilize this ability to learn your musical tastes and in conjunction with your profile, to recommend music and commerce opportunities that we feel benefit your personal tastes.  Your profiled information may also be used to send you targeted special offers from
 SOUNDOM.COM, our partners or affiliates in email or other form.  You will have the option to opt out of all such mailings. 

Compensation
SOUNDOM.COM will pay every citizen a base level of 25% of advertising generated by their individual activity, for a maximum of $50 per calendar month.  Additional income may be earned through referrals (see below).  Since each citizen can have an unlimited number of referrals, there is no maximum dollar amount for a citizen's total earnings from referrals.  In order for citizens to generate income they must be connected to the SOUNDOM.COM services through the SOUNDOM.COM Application or Plug-in.  This connection requires an active Internet connection.  Any activity occurring while not connected to the SOUNDOM.COM Services will not be credited to the Citizen. SOUNDOM.COM will make best efforts to keep its services accessible to its citizens at all times, HOWEVER, YOU EXPRESSLY ACCEPT THAT SOUNDOM.COM IS NOT LIABLE IN ANY WAY FOR YOUR INABILITY TO CONNECT TO SOUNDOM.COM'S SERVICES, REGARDLESS OF THE CAUSE OF SUCH INABILITY.  

You agree that SOUNDOM.COM shall not be required to pay a citizen for any period until that citizen has earned a balance of $25.00 or more in their account.  Money may accrue from one billing period to the next.  If you do not engage the SOUNDOM.COM Application, Plug-ins and Services for at least one continuous 30 minute period within any six month time frame, your Citizenship may automatically lapse without notice and any credits in your account may be deemed "unearned" and therefore forfeited.  Billing periods will begin on the first day of every month and end on the last day of every month.

Referrals
As a SOUNDOM.COM Citizen, you may refer other people to SOUNDOM.COM (your Referrals).  If you and your Referrals become participants in the SOUNDOM.COM Service, you will be able to receive credits for the activities of your Referrals and some activities of SOUNDOM.COM Citizens referred by your Referrals.  SOUNDOM.COM has no obligation to give you credits for the activities of your Referrals prior to the time that your Referrals qualify and elect to join the SOUNDOM.COM Service and begin actively using the SOUNDOM.COM Application, Plug-in or Services.  SOUNDOM.COM allows four levels on every referral tree.  Generally, the first level of referrals earns the referrer 5% of the referred person's earned income.  The Second level of referrals earns the original referrer 3%.  The Third level of referral earns the original referrer 2% and the Fourth Level earns 1%.  All referrers however can only accrue referral income in proportion to the time the referrer actually spent connected to SOUNDOM.COM services during the  billing period, and in proportion to the average advertising cost per thousand views (CPM) rate earned by referrer during the billing period.  WE RESERVE THE RIGHT TO ALTER OR EVEN ELIMINATE COMPENSATION, INCLUDING REFERRAL COMPENSATION AT ANY TIME AND IN OUR OWN DISCREATION.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SOUNDOM.COM WEBSITE, APPLICATIONS, PLUG-INS AND SERVICES (THE SERVICES)  IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SOUNDOM.COM EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOUNDOM.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. 

Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER SOUNDOM.COM NOR ANY OF ITS POTENTIAL PARTNERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES OR MEMBERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOUNDOM.COM'S LIABILITY HEREUNDER EXCEED $100 IN THE AGGREGATE. IN THE EVENT THAT YOU JOIN OR BECOME A PARTY TO AN ACTION OR LAWSUIT THAT INCLUDES MULTIPLE PLAINTIFFS, YOU AGREE THAT YOUR SHARE OF ANY JUDGEMENT, AWARD OR SETTLEMENT WILL NOT EXCEED YOUR PRO-RATA SHARE OF THE AFOREMENTIONED AMOUNT. 

If you are dissatisfied with SOUNDOM.COM's services or promotions available through its services, your sole and exclusive remedy is to cancel your SOUNDOM.COM Citizenship. 

Force Majeure
SOUNDOM.COM will not be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises due to an Act of God or any government or governmental body, any acts of war, acts of terrorism, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond SOUNDOM.COM's control. 

Choice of Law, Jurisdiction and Venue
This Agreement will be governed by and construed solely and exclusively by the laws of the State of California, without regard to choice of law doctrine.  Pertaining to any dispute arising from or related to your relationship with Soundom.com, you hereby expressly consent to binding arbitration under the rules of the American Arbitration Association, to take place in Los Angeles County California.  For any reason, should any matter regarding your relationship with Soundom.com be brought or removed to a court, you hereby consent to personal jurisdiction of the  State Courts of California in Los Angeles County and/or the United States District Court in the Southern District of California whether the suit is filed there against you by SOUNDOM.COM or you file against Soundom.com.   Furthermore, you waive any and all objections to and affirmatively select Los Angeles County and/or the Southern District of California as the appropriate venue for any such action arising from or related to this Agreement. 

Indemnification
If the law of your country, state, or province of residence prohibits or limits your participation in SOUNDOM.COM's service, then you are responsible for complying with such laws and you agree to indemnify SOUNDOM.COM against any breach of such laws by you.  In addition, you agree to indemnify and hold harmless SOUNDOM.COM against any and all claims, damages, losses, costs and liabilities (including, without limitation, reasonable attorneys' fees) based upon or arising out of a breach of your representations, warranties or covenants contained in this Agreement. 

Severability
In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.  If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. 

Successors and Assigns
This Citizenship Agreement is personal to you and you may not transfer, delegate, or assign this Citizenship Agreement, your referral network, your SOUNDOM.COM account or other benefits you receive as a SOUNDOM.COM Citizen to anyone.  Any attempt by you to assign or delegate this Citizenship Agreement shall be null and void. SOUNDOM.COM may assign this Agreement at its sole discretion. 

Taxation and Disclosure of Other Personal Information
To the maximum extent allowed by law, SOUNDOM.COM is not responsible for its Citizens' tax liability regarding payments received from SOUNDOM.COM.  Each Citizen is solely responsible for his or her tax liability concerning any assessable payments received from SOUNDOM.COM under this Agreement.  SOUNDOM.COM reserves the right to request additional information from its Citizens who accrue more than $250.00 in their SOUNDOM.COM Accounts.  Such information may include social security identification and residency confirmation.  If such additional information is requested, SOUNDOM.COM will use it only for purposes of complying with any applicable tax laws. Citizens who refuse to comply with such additional requests for information may not receive payment for their SOUNDOM.COM Bank accruals. 

Reservation of Rights
SOUNDOM.COM hereby reserves the right to change the terms of this Citizenship Agreement at any time, including without limitation, in this document and any terms of payment or any promotions advertised on the SOUNDOM.COM website.

Entire Agreement
This Citizenship Agreement constitutes the entire agreement between you and SOUNDOM.COM in connection with Citizenship in SOUNDOM.COM and supersedes all prior agreements between the parties regarding the subject matter contained herein. Notwithstanding the foregoing, if you are eligible for and choose to participate in or use SOUNDOM.COM's Application, Plug-Ins or Services, your participation may be governed by a separate agreement and/or additional terms. 

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 ALS

O 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 AD

VERTISING 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.
