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会社名: |
Blue Tide Software
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| 連絡先詳細: |
http://www.surfsidekick.com/contact.aspx |
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プライバシ宣言: |
Privacy Agreement and Software License
IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING SOFTWARE:
This Privacy Agreement and Software License ("Agreement") is a binding legal agreement between you and Blue Tide Software ("BTS") and governs your use of the Surf Sidekick ad serving software ("Software") and the collection and use of certain information about you and your computer pursuant to the advertising service we provide using the Software. You must accept this Software License before downloading, installing, accessing or otherwise using the Software.
WHEN YOU DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO ACCEPT THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE AND YOU MUST EXIT THIS DOWNLOAD PROGRAM.
The Basic Deal
BTS provides you with our free Software program that we use to show you ads for various products, services and web sites that we believe you may be interested in. By accepting the terms of this Agreement and downloading and using the Software, you are asking for and agreeing to receive sponsored web pages and ads from us on your computer while you are online and to the specific terms and conditions of this Agreement related to your use of the Software. You are also asking for and consenting to our collection and use of certain anonymous information about you, your computer and your Internet surfing habits that we use to provide you with particular content. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE SOFTWARE. IF YOU CHANGE YOUR MIND, REMOVE THE SOFTWARE.
Bundles, Advertisements and Links
This Agreement only governs your rights to download and use the Software and related service. If you downloaded the Software bundled with another party's software product or program, your rights and obligations related to the other party's software are not governed by the terms of this Agreement and are governed by the third party's user agreement, if any. In addition, when you download, access or otherwise use any third party product, service or web site you do so at your own risk and all questions, concerns or comments regarding the product, service or web site must be directed to the third party. BTS DOES NOT SPONSOR, TEST, RECOMMEND, APPROVE OF OR MAKE ANY REPRESENTAION OR WARRANTY WHATSOEVER REGARDING OR RELATED TO ANY THIRD PARTY PRODUCT, SERVICE OR WEB SITE, INCLUDING THOSE PRODUCTS, SERVICES AND SITES BUNDLED WITH, LINKED TO OR PROMOTED THROUGH THE USE OF THE BTS SOFTWARE.
OUR SERVICE
Please note that our ads are delivered to you independently using the Software when you surf the Internet and are provided to you in separate pop-up windows that appear on top of or under other windows on your screen. In other words, when we send you an ad that ad is not sponsored or controlled by the web sites you visit, it comes directly from our servers to your screen. And our ads may be promoting products or services from companies that compete with those offered by the owners of the web sites you visit. After you download our Software, our computers "talk" with the Software to help select and then show you ads and content on your computer screen. Our Software also communicates with servers to collect your anonymous Internet surfing information and to help us maintain and update the Software. The specific information we collect during this process, how we use it and who it is shared with is described in detail below.
The Specific Information We Collect
To Provide The Service To help us and our advertising clients provide you with the most relevant and useful ads and information possible, we may collect the following categories of anonymous information from you:
(1) The web pages you view while surfing the Internet.
(2) How and if you respond to the ads we provide you (for example, we collect information about whether you clicked on an ad or made a purchase in response to a specific ad).
(3) Your computer type, internet connection, operating system, browser and basic system set-up (screen resolution, time zone selected, etc.).
(4) What software you have on your computer (including what versions of the BTS Software you are currently running) to provide you with updates and upgrades and offer you products (including software products) and services that we determine you might be interested in based on your current set up.
As a general rule, we do not collect ANY personally identifiable information from you as part of the service. We do not ask for and do not want to know your name, email address, street address, phone number, social security number, computer passwords or anything else that would disclose your identity to us.
The exception to the rule: If you provide any personally identifiable information to us like your name, email address or phone number in connection with support or by email we will obviously collect this information for the limited purpose of responding to your communication or request. This personally identifiable information, however, will NOT be combined or associated with your anonymous profile or other information.
What We Do With The Information We Collect
The anonymous information we collect from and about you and your computer is compiled to create an anonymous user profile. We then link this anonymous profile to a randomly assigned marker that is tied to your computer. Again, this profile is anonymous, we do not know who the user is and we do not want to know. All we want to know is that the user of this computer, based on the information we have collected, is more or less likely to be interested in certain promotions that our clients have asked us to deliver to the people who use our Software. We then attempt to link the anonymous user with the products and services being offered by our clients in their ads that the user might be interested in learning more about. Our proprietary ad analysis and serving technologies helps us provide you with access to the ads we have available that are most likely going to be relevant to you and that expand your choices between the various competitive products and services that are available in the marketplace (some of which you may not have been aware of without seeing our ads).
Who We Share Your Anonymous Information With
We take the anonymous information about you and our other Software users that we collect and compile it into a variety of different categories. We then take this aggregated and anonymous information about our Software users and share it with our current and potential clients (the sponsors of the ads you see on your screen). Again, these clients and potential clients never get any personally identifiable information about you from us (we do not even have this information to give them) or any single anonymous user profile, everything disclosed is aggregated into groups of users with specific yet anonymous characteristics.
If you end up responding to an ad, purchasing a product or service or otherwise communicating with one of our clients, however, we have no control over what information you provide them, how they use this information or what privacy policies these companies may or may not have in place. In addition, our content and advertising clients may use cookies in the materials provided to you through our service. The use of these cookies, the information collect by the cookies and what is done with this information is controlled by our clients, not BTS, and is not governed by the terms of this Agreement. If you have questions related to third party cookies please contact the content or ad provider. We are also not responsible for and have no control over the quality, accuracy, timeliness, reliability or any other aspect of any third party's web site, products and services. You release us from any damages that you incur, and agree not to assert any claims against us, arising from your purchase or use of any products or services offered or made available by third parties through any ads.
We also may use other companies and contractors to perform certain services for us related to our computers, Software, facilities, etc. that may require us to give these contractors access to the anonymous profiles and other information we have collected. These outside contractors, however, will only be allowed to use the information to perform services on our behalf subject to the limitations and requirements in this Agreement.
We will also disclose information in response to subpoenas, legal process and court orders and as otherwise required by law. We will also disclose information to establish or exercise our legal rights or defend against and investigate claims and other threats.
In addition, if we are acquired by or merged with another company all of the anonymous information we have collected, categorized and used will be transferred as part of that transaction. We may also transfer this information as part of a corporate reorganization or restructuring to one of our affiliated companies (but the use of your information by the affiliate will remain subject to the terms of this Agreement).
How You Stop The Service And Remove The Software
If you decide you no longer want to receive ads or content from us all you need to do is remove all of the Software from your computer using the Add/Remove Programs menu in the Microsoft Windows control panel. The program you need to remove is named Surf Sidekick (more detailed removal instructions are also provided below and on the www.SurfSidekick.com web site if you have any problem removing the Software).
Security
We limit access to the information collected from and about our Software users to employees (and sometimes outside contractors as we described above) who we believe reasonably need to access and use the information to do their jobs subject to the limitations in this Agreement. We also use reasonable physical, electronic, and managerial procedures to protect the information we collect but we cannot guaranty that these measures will be effective.
Applicability
The data collection and use provisions in this Agreement apply to all downloads of the Software distributed under this Agreement.
Questions
If you have any questions or concerns about our privacy practices you may contact us.
LIMITED SOFTWARE LICENSE
BTS grants and you accept a personal, nontransferable, nonexclusive, and nonassignable license to access and download one copy of the Software on one computer solely to enable you to receive our ad serving service. This limited license is effective until this Agreement is terminated for any reason.
Additional Restrictions
The limited license granted to you in this Agreement is also restricted as follows:
1. You may use the Software only for the sole purpose of participating in our service as set forth in the limited license above. Any other use of the Software is strictly prohibited and shall constitute a material breach of this Agreement.
2. You may not copy or directly or indirectly distribute the Software.
3. You may not reverse engineer, decompile, dissemble, modify, or create works derivative of the Software or BTS's proprietary and confidential advertising practices and methodologies.
4. You may not alter or modify any disabling mechanism that may be resident in the Software.
5. The Software is licensed as a single product and its components may not be separated for use on more than one computer.
6. This license imposes personal obligations on you and the license granted under this Agreement is not transferable for any purpose.
7. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer the Software or directly or indirectly permit any third party to use or copy the Software.
8. You may not use the Software in any unlawful manner or for an unlawful purpose or in violation of any contractual or other applicable restriction that you are bound by.
Reservation of Rights
The Software is being licensed to you, not sold, and your rights to the Software are limited to the rights expressly granted to you in this Agreement. BTS retains all right, title, and interest in the Software, all copies thereof, and all proprietary rights in the Software, including copyrights, patents, trademarks, and trade secret rights. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Updates
BTS may in its sole discretion make updates, fixes, upgrades, new functions and other modifications or versions of the Software (Changes) available to you in the future. You hereby consent to receive these Changes automatically and consent to having BTS or its agents install the Changes directly onto your computer without any additional interaction with BTS. This delivery process will take place in the background and will not have any material impact on your Internet usage. All Changes will be considered Software and your right to use the Changes will be governed by this Agreement. If you do not want the Changes, you can remove the Software from your computer by following the removal instructions set forth in this Agreement and on the www.SurfSidekick.com web site.
Disabling Mechanism
You acknowledge and agree that the Software may contain a mechanism whereby BTS can disable the Software and you agree that BTS may use any such mechanism in the event of your breach of this Agreement or if this Agreement is terminated for any reason.
Termination and Removal
Without prejudice to any other rights, BTS may immediately and without notice terminate this Agreement and all rights granted hereunder for any reason, including, without limitation, if you fail to comply with any of the terms and conditions of this Agreement. You may also terminate this Agreement at any time by removing all copies of the Software and its components from your computer system by going to the Start Menu on your computer. From the Start Menu select Settings and then select Control Panel. To complete the removal, select the Add/Remove Programs option from the Control Panel and locate and remove the program named Surf Sidekick. After you remove the Software from your computer we will not send you any more ads or sponsored content but we will have the ability to check in with your computer for another 30 days to confirm that the BTS Software has been and remains uninstalled (this information is necessary to allow us make appropriate payments to our business affiliates and to help prevent fraud on our network). If you have any questions regarding this removal process please visit www.SurfSidekick.com.
Use in the United States
BTS has designed the Software to be distributed and used in the United States. In no event may you export the Software for any reason or use the Software in any jurisdiction or country where the use, transfer or possession of the Software would be illegal or violate any applicable law, regulation or restriction.
Restricted Rights
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. 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 (a) through (d) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, and in similar clauses in the NASA FAR Supplement, as applicable. Manufacturer is Blue Tide Software, 520 Washington #113, Marina del Rey, California, 90292.
No Warranties
THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS AVAILABLE," "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BTS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICE CAN OR WILL BE CORRECTED. FURTHER, BTS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BTS MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY SOFTWARE OR CONTENT DISTRIBUTED OR MADE AVAILABLE WITH OR BY USING THE SOFTWARE AND BTS EXPRESSLY DISCLAIMS ANY WARRANTIES OR RESPONSIBILITY FOR THE CONTENT, PERFORMANCE OR OPERATION OF ANY SUCH THIRD PARTY MATERIALS. YOUR INSTALLATION, DOWNLOADING OR ANY OTHER USE OF ANY THIRD PARTY MATERIALS IS COMPLETELY AT YOUR OWN RISK.
Damages Limitation
IN NO EVENT SHALL BTS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND/OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, ADVERTISING INJURY, INFRINGEMENT, LOST PROFITS, LOST DATA, AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SERVICE, EVEN IF BTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BTS's ENTIRE LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES THAT A COURT OF COMPETENT JURISDICTION DETERMINES ARE DIRECT DAMAGES SHALL BE LIMITED TO THE INITIAL FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend and hold BTS and its officers, directors, shareholders, agents, and affiliates harmless from and against any and all third party claims of any kind (along with attorney's fees and litigation costs) arising out of, resulting from, or in connection with your breach of this Agreement or your use or misuse of the Software OR service, including but not limited to, claims for intellectual property infringement or misappropriation, personal injury or property damage.
Confidential Information
The Software and the proprietary BTS advertising system are BTS's confidential information and you shall not directly or directly transfer or disclose this information to any other person or party.
Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., as applied to agreements entered into and wholly performed within California between California residents. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Dispute Resolution
Except as set forth below, any dispute arising out of or related to this Agreement, the Software or the service shall be resolved by a single arbitrator (appointed by the American Arbitration Association) in an arbitration proceeding in accordance with the rules of the American Arbitration Association in Los Angeles, California U.S.A. The award of the arbitrator shall be binding and may be entered in any court of competent jurisdiction. Nothing in this dispute resolution provision shall limit BTS's right to seek and obtain equitable relief in any court or forum for the breach of your confidentiality obligations or the license contained in this Agreement.
Severability
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions.
No Waivers or Modifications
Any delay or failure on the part of BTS to enforce any rights under this Agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. This Agreement shall not be modified except in a writing signed by BTS.
Merger
This Agreement constitutes the entire understanding and agreement between you and BTS relating to your rights to use the Software, and supercedes all prior or contemporaneous oral or written communications with respect to the same, all of which are merged in this clause.
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プライバシURL: |
http://www.surfsidekick.com/eula.htm |
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製品: |
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| SpyRescue(スパイレスキュー) |
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X-Cleaner,SpyRescue製品は製品の開発メンテナスを終了しました。
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| 最近追加されたスパイウェア |
[お知らせ]
X-Cleaner,SpyRescue製品は製品の開発メンテナスを終了しました。
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