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End User License Agreement - Save
UPDATED: March 6, 2008
Introduction to WhenU Save
WhenU Save ("Save" or the "Software") is a pop-up advertising program from Vomba Network (WhenU) that displays on average 4 - 5 pop-up ads per day based on the (a) Web pages you view, (b) terms you type into search engines and online forms and (c) your IP address and local zip code. By agreeing to receive these ads while you're online, you receive valuable offers, coupons and comparison shopping results from online vendors and may avoid paying a subscription or other premium fee for bundled content or downloadable software applications. You can always uninstall Save at any time by going to the Add or Remove Programs section of your computer's control panel. You will be required to uninstall the software Save was supporting as well. Click here for further instructions. Please Read - End User License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THE SOFTWARE. YOU CAN LEARN MORE ABOUT VOMBA NETWORK AT HTTP://WWW.VOMBANETWORK.COM OR BY CALLING WHENU TOLL FREE AT 866-WHENU-11. USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT ("EULA"). BY INSTALLING THE SOFTWARE YOU ("END USER") INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WHENU RESERVES THE RIGHT TO REVISE THIS EULA AND/OR PRIVACY POLICY AT ANY TIME. Functionality
Save presents relevant pop-up ads, comparison-shopping results and coupons while you're online. Save starts automatically when you start your computer and results are based on the terms you type into search engines and online forms, the Websites you visit, the Web content you view and your IP address and zip code. No personally identifiable information is collected and your privacy is always protected. While you're online, you will see advertisements and comparison shopping results related to your Web browsing activity. The ads will slide or pop up in front of or behind your browser and will always be clearly-branded "WhenU" so you will know that they are from us. Your Web browsing activity affects the number of ads that you will see in any given day. On average, we display 4 - 5 ads per day. Some users see fewer than 4 ads, and some users see more than 5 ads. For example, active web shoppers will likely see more than 5 comparative shopping results. Save ads are not endorsed by anyone other than WhenU and may present offers that compete with some of the Websites you visit. Save enables you to receive advertising-supported versions of many popular software applications without paying a subscription or other premium fee. If you install Save now and decide later you don't want it, you can remove it from your computer at any time by going to the Add or Remove Programs section of your computer's control panel. To uninstall Save, you must uninstall the software Save was supporting. The License
The Software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the Software or documentation; (b) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the Software; or (c) redistribute, sublicense, or otherwise transfer rights to the Software. Age Limitation
WhenU products and services are not available to individuals below the age of 18. By accepting this installation, you are representing that you are not a minor below the age of 18. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT THE USE OF THIS SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS AND ERRORS, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE INFORMATION AND SERVICES PROVIDED BY THE SOFTWARE AND/OR WHENU ARE SIMILARLY PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. THE ACCURACY AND RELIABILITY OF ANY INFORMATION OR SERVICES PROVIDED BY THE SOFTWARE AND/OR WHENU SHOULD BE INDEPENDENTLY VERIFIED BY YOU PRIOR TO MAKING ANY DECISIONS BASED ON SUCH INFORMATION OR SERVICES. DISCLAIMER REGARDING THIRD PARTIES
You acknowledge and agree that we are not responsible and are not liable in any way for the following: Other software. If you have downloaded and installed the Software, it will interact with some of the other software on your computer. We are not responsible in any way for any other software applications on your computer, and cannot guarantee that our Software will be compatible with any of them. Hardware. If you have downloaded and installed the Software, it will interact with some of your hardware (i.e. your physical computer and/or accessories). We are not responsible in any way for any of your hardware applications and cannot guarantee that our Software will be compatible with any of them. Other Web Sites. Although the Software displays the products and services of various merchants, often together with links to those merchants and other web sites, unless expressly stated to the contrary, such display in no way means, implies, suggests or constitutes any relationship or approval of or by those merchants or their products or services. We are not responsible in any way for any other web sites, products, services or information. Moreover, any representations or promises made by such web sites do not apply to this Software or its use. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHENU OR ITS AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES. GOVERNING LAW
This License Agreement is governed by, and shall be construed in accordance with, the laws of the State of New York, without regard to its conflicts of laws rules. The state and federal courts in and for New York County, New York shall be the exclusive forum and venue to resolve any and all disputes and/or or actions arising out of the use of this Software and/or relating to this EULA or the Privacy Policy. UPDATES/UPGRADES TO EULA, PRIVACY POLICY AND/OR SOFTWARE
WhenU may periodically update the EULA and/or Privacy Policy and/or upgrade the Software at our discretion. We will always post the date of the latest version of the EULA and/or Privacy Policy at the top of the relevant page. Your continued use of the Software constitutes your acceptance of any update to the EULA and/or Privacy Policy and/or upgrade to the Software. We encourage you to visit this page from time to time to check for any updates to our EULA. UNINSTALLATION INSTRUCTIONS
To uninstall Save (i) click on the Control Panel option, (ii) double-click on Add/Remove Programs, (iii) select WhenU Save, (iv) click on Change/Remove and (v) click on "Yes". Please note that you will be required to uninstall software that Save is supporting as well. All Software components will be removed upon uninstallation, except for your anonymous, unique machine ID, which remains in the registry. This machine ID is used only to enable WhenU to count unique, active desktops in the network and fully protects your privacy. If you have any questions, or require assistance, please visit WhenU's customer support center at http://www.whenu.com/support.html or call us toll-free at (866) WHENU-11.
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