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View Full Version : DAEMON Tools SearchBar: End User License Agreement (EULA)



vik
19.09.2005, 19:33
http://www.whenu.com/products/searchbar/mini/DaemonTools/eula.html

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License Agreement


UPDATED: SEPT 9, 2005

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THE WHENU DAEMON TOOLS SEARCHBAR (THE "SOFTWARE" OR THE "SEARCHBAR") PROVIDED BY WHENU.COM, INC. ("WHENU"). USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT. BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WHENU RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.

Functionality

SearchBar gives you easy access to powerful Internet search capabilities while presenting relevant paid listings, offers and links right inside the toolbar. SearchBar starts automatically when you start your computer and results are generated based on the terms you type into search engines, the websites you visit and the Web content you view. No personally identifiable information is collected and your privacy is always protected.

SearchBar may also include a pop-up blocker and anti-spyware software. The pop-up blocker is fully functional with all versions of Windows and blocks pop-ups generated within Internet Explorer. It will not block pop-ups generated by other software applications. The anti-spyware software will scan your system for potentially dangerous spyware and remove such programs. The privacy policy for the UControl anti-spyware software that may be included with your SearchBar is available at http://www.aluriasoftware.com/other/privacy/.

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.

WhenU reserves the right to periodically update and/or upgrade the Software at WhenU's discretion. Your installation of the Software indicates your acceptance of potential future updates and/or upgrades to the Software. For any material change to the privacy protective nature of the Software, WhenU will request your permission prior to making such change.

Age Limitation

WhenU products and services are not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.

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. WHENU RESERVES THE RIGHT TO PERIODICALLY UPDATE AND/OR UPGRADE THE SOFTWARE AT THE COMPANY'S DISCRETION. YOUR INSTALLATION OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF POTENTIAL FUTURE UPDATES AND/OR UPGRADES TO THE SOFTWARE.

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.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHENU OR ITS AGENTS BE LIABLE FOR ANY DAMAGES 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, SECURITY BREACHES OR ANY AND ALL OTHER DAMAGES OR LOSSES.

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.


WhenU may update this License Agreement at any time. Updates to this License Agreement may be found at http://www.whenu.com/products/searchbar/mini/DaemonTools/eula.html.


WhenU.com, Inc. © 2005 All Rights Reserved

jer2eydevil88
17.11.2005, 20:10
I just downloaded 4.00 and i'm a bit nervous about this searchbar included in the package.

I am all for developers making ends meet but spyware/adware packaged into a software package doesn't make me feel like it's a fair trade.

When I disable the checkbox in the installer am I really opting out of having this junk on my pc or am I still going to get a remanant of it?

Copytrooper
17.11.2005, 20:57
If you disable the checkbox it won't install anything on your computer you've to worry about. That's what the checkbox is actually for. ;)

vik
17.11.2005, 22:57
BTW:

During WhenU modules installation you can also choose to install "DAEMON Tools Searchbar" and then uncheck EULA of "WhenU SaveNow" module and then click "Install" button.

in such case you will install just "DAEMON Tools Searchbar" application (without installing "WhenU SaveNow").

Cutebear
19.11.2005, 01:07
Hi all.
My first posting so bear with me.
But in this EULA I see one major reason for not installing the searchbar. In the EULA it says: "WhenU reserves the right to periodically update and/or upgrade the Software at WhenU's discretion.".

Well I don't know about you - but I'm not going to install any software that updates itself without my permission. And the term "at WhenU's discretion." at least to me indicates that this is what could happen.

I mean, one thing is that WhenU may have cleaned up their act - but who can tell what will happen next week, or next month or...
Well, bye for now.

vik
19.11.2005, 22:49
Well, your concern is understandable (nowdays it is possible to see similar EULA statements in various software EULAs. As far as I remember last Netscape browser EULA also has something like that)

Regarding WhenU: they are now desperately trying to clean up their name and I really doubt that they would risk again making something really questionable and unacceptible and therefore ruin their image.

But anyway: probably you are right, if you have some concerns regarding specific software it is better choose not install it.


If you wish, you may express your concern directly to WhenU:

"feedback@whenu.com"

DarkStar251
26.11.2005, 07:04
Age Limitation

WhenU products and services are not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.


Does this mean then that if the computer is to be used by someone in the household under 13 years of age that we are in breach of the EULA if we install the adware, and as such are NOT ALLOWED to install it? :/

Linkdead
21.12.2005, 15:04
give me an option to buy the damn thing .

phoenix
21.12.2005, 23:56
give me an option to buy the damn thing .
http://www.daemon-tools.cc/dtcc/dt_register.php

Jito463
22.12.2005, 04:07
give me an option to buy the damn thing .
You mean like this (http://www.daemon-tools.cc/dtcc/dt_register.php), also available from the Register DAEMON Tools (http://www.daemon-tools.cc/dtcc/dt_register.php) button on the left.