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[Last updated: February 12, 2007]
IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:
VOMBA SUPPORTED CONTENT
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1. DESCRIPTION.
Vomba software is required in order to access free Vomba supported content. Vomba displays advertisements, such as pop-up and pop-under. These ads pop up in front or behind your browser, in a separate browser on your computer, only when you browse the Internet online, according to the pages you visit and could include online gambling advertising (except to US residents). You won’t receive more then 8 ads per 24 hours period, with a minimum interval of 10 minutes between each ad.
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2. DEFINITION.
This license agreement (the "License Agreement") for Vomba software and the Vomba Content, including versions customized for third parties (the "Software"), is a legal agreement between you (either an individual or an entity) who is being licensed to use the Software and/or content and Vomba Network Inc, Inc. and its subsidiaries, affiliated companies, suppliers and licensors ( collectively "Vomba").
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3. AGREEMENT.
By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree that your use of the software acknowledges that you are of the age of majority as this term is defined in the jurisdiction where you are domiciled, that you have read this license, understand it, and agree to be bound by its terms and conditions. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "ABORT" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE OR DOWNLOAD ANY CONTENT USING IT.
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4. INTELLECTUAL PROPERTY.
Title, ownership rights, and intellectual property rights in and to the Software and any type of incidental documentation (the “Documentation”) shall remain to Vomba and/or its suppliers. The Software is protected by copyright laws and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other laws. This License Agreement gives you no rights to such content.
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5. PRIVACY POLICY.
Vomba does not collect any personally identifying information. To summarize key terms of Vomba’s Privacy Policy: Vomba’s services may store one or more cookies to your computer. Vomba uses cookies to improve the quality and security of its services by assigning each copy of the Software a unique Software identity code and record information that your browser sends whenever you visit a website. Vomba also uses cookies to personalize online user experience by storing product and service information, information on Software downloads and updates, systems information, content preferences. The information is stored locally on a user’s personal computer and on Vomba’s servers and is sent to and from such servers as part of routine product communications that enable Vomba’s functionality. The information is shared with our advertising agency under strict contractual non-disclosure agreement. So they cannot share or dissiminate this information with/to another third party. The information collected by Vomba is governed by Vomba’s Privacy Policy at http://www.vombanetwork.com/privacy.html.. Acceptance of this EULA indicates your acceptance of the terms of the Vomba Privacy Policy, so please review it carefully. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY, DO NOT INSTALL THE SOFTWARE ON YOUR SYSTEM.
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6. AUTOMATIC COMMUNICATIONS FEATURES.
a) The Software consists of interactive Internet applications which perform a variety of communications over the Internet as part of their normal operation. A number of communication features are automatic and are enabled by default (for example, news and catalog updates). Such automatic communication features do not send any personally identifiable information about you without your consent. Most automatic communication features can be changed by you in the User Preferences section. By installing and/or using the Software, you consent to the Software's communication features. Also, you are responsible for any telecommunications or other connectivity charges incurred through your use of the Software.
b) The Software automatically communicates with Vomba's servers on the Internet to check for updates to the Software, such as bug fixes, patches, enhanced functions, and new versions. Vomba may also notify you when updates are available from time to time. By installing the Software, you agree that Vomba may upload updates and install them as part of your Software. All such updates to the Software are governed by this License Agreement, unless other license terms are provided with the update. Although Vomba uses encryption technology to provide security for the auto update process, Vomba is not responsible for the failure of such security measures.
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7. DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").
The Software may include third party DRMs as plug-in components which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Software. DRMs may be able to revoke your ability to use applicable content. Vomba is not responsible for the operation of the DRM in any way, including revocation of your content. Vomba is not responsible for any communications to or from any third party DRM provider, or for the collection or use of information by third party DRMs. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice, despite the provisions of Section 5(b). You agree to indemnify and hold harmless Vomba for any claim relating to your use of a third party DRM.
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8. HOWTO PAUSE OR UNINSTALL VOMBA.
When Vomba is running you will see the Vomba star in your system tray. Simply right click on it to access the menu. You can pause and resume Vomba at anytime to let you surf the internet without being disturbed. Simply access the Vomba menu and choose the item "Pause Vomba / Resume Vomba".
To uninstall Vomba or the supported content, simply select the appropriate entry in your Control Panel using the “Add or Remove Programs” icon. For more information on Vomba or our supported content, simply visit http://www.vomba.com or for customer support click on the "Support" link on one of our websites or visit http://www.vombanetwork.com/support.html.
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9. LINKS.
The service may include links to third parties websites. Vomba has no control on the websites that are linked with the service and it is not responsible for their content nor does it endorse the material contained on such websites. Access to such website is at your own discretion and risk.
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10. PARENTAL CONTROL.
If you are concerned that children access your computer may be presented with advertisement of an adult nature, we suggest that you use parental control software like the Content Advisor included in Microsoft Internet Explorer or Net Nanny (http://netnanny.com) to restrict certain types of sites and advertisements, including adult ones.
To activate the feature open Microsoft Internet Explorer then follow those steps: 1. In Internet Explorer, select Tools/Internet Options; 2. Select the Content tab; 3. Select either Enable to turn on this feature and adjust the settings or Settings (if the feature is already enabled) to adjust your settings; 4. Customize your settings under each of the available tabs.
The parental control features and softwares are not provided by Vomba thus we can’t warrant their effectiveness or fitness for a particular purpose.
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11. CONFIDENTIALITY.
The Software contains trade secrets and proprietary know-how that belong to Vomba or to third parties and it is made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE THIRD PARTY SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS AND INTELLECTUAL PROPERTY RIGHTS.
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12. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. VOMBA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOMBA FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOMBA OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VOMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VOMBA'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00) FOR THE SOFTWARE AND IS LIMITED TO THE FEES YOU PAID FOR THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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13. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate this License Agreement.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. You may not use the Software in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to songs and other audio recordings and game executables, associated game files, patches, mods, or other game-related information other than shareware versions of games, which are downloaded, copied, or played using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances subject to the specific licensing terms of that content.
d) You may not use the Software in an attempt to or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
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14. INDEMNIFICATION.
This Software is intended for use only with properly licensed media, content and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to download, install, and play only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Vomba, its officers, affiliates, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, installed, copied or transmitted any materials (other than materials provided by Vomba) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement.
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15. TERMINATION.
This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from Vomba to effect such termination. You may also terminate this License Agreement at any time by destroying the Software in your possession. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall destroy all full or partial copies of the Software, documentation, and related materials provided by Vomba. You may uninstall the Software by following the instructions available on Vomba’s web site at http://vombanetwork.com/uninstall. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.
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16. ARBITRATION & JURISDICTION.
You and Vomba agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this License Agreement, the services, or your use of the Services (including the arbitration of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Vomba toward the other, shall be final and binding arbitration. The arbitration shall be conducted under and in accordance with the rules of the Quebec National and International Commercial Arbitration Centre. You and Vomba may litigate in court only to compel arbitration under this License Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators.
However, if you have breached or have indicated your intention to breach this License Agreement in any manner which violates or may violate Vomba’s intellectual property rights, or may cause continuing or irreparable harm to Vomba (including, but not limited to, any breach that may impact Vomba's intellectual property rights, or a breach by reverse engineering), Vomba may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
To the fullest extent permitted by applicable law: no arbitration under this License Agreement shall be joined to an arbitration involving any other current or former licensee of Vomba, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppels effect in any arbitration hereunder (unless determined in another proceeding between you and Vomba); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Vomba).
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17. GENERAL PROVISIONS.
a) This written License Agreement is the exclusive agreement between you and Vomba concerning the Software and services and supersedes any and all prior oral or written agreements, negotiations or other dealings between you and Vomba concerning the Software.
b) Vomba reserves the right to modify this license agreement at anytime and you agree that it is your responsibility to visit http://vomba.com/terms.html to make sure you have read and agree to the latest version of this License Agreement. You agree that your continued use of the Software and/or services following any changes to this License Agreement and after the changes take effect will constitute your acceptance of such changes.
c) This License Agreement is governed by the laws of the province of Quebec, Canada. The United Nations Convention on Contracts for the Sale of Goods does not apply to this License Agreement.
d) You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by Canadian Export laws or any other export laws, restrictions or regulations.
e) If any provisions of this License Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
f) Vomba’s failure to enforce the strict performance of any provision of this License Agreement will not constitute a waiver of Vomba’s right to subsequently enforce such provisions or any other provisions of this License Agreement. No waiver of any provision of this License Agreement shall be effective unless in writing.
g) Any rights not expressly granted herein are reserved.
Copyright © 2006 Vomba Network, Inc. and/or its suppliers. All Rights Reserved.
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