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会社名: |
International Web Innovations, Inc.
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情報 URL: |
http://www.xlocator.com/ |
| 電子メール: |
support@xlocator.com |
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プライバシ宣言: |
TERMS AND CONDITIONS
Please read these Terms and Conditions carefully and make sure you understand all of the terms. They contain important information that you should know before installing any of the software and constitute an end user license agreement.
The International Web Innovations (�IWI�) Terms and Conditions explain the nature of the IWI-Supported Software you are about to download, as well as the terms and conditions that govern your use of that software. IWI enables you to download materials at no cost in exchange for your agreement to also download a software product, which will from time to time deliver advertisements and promotional messages to your computer tailored to your interests based on the websites you visit. Before you may download and install any of these software products, you must agree to these Terms and Conditions.
IWI OFFERS USERS THE OPPORTUNITY TO DOWNLOAD THESE MATERIALS FOR FREE IN EXCHANGE FOR THE USER�S AGREEMENT TO ACCEPT ADVERTISING AND OTHER PROMOTIONAL MESSAGES DELIVERED TO HIS OR HER COMPUTER BY IWI OR OTHERS. Acceptance of these Terms and Conditions authorizes IWI to download and install the 'XLOCATOR AdServer' software, which delivers 'XLOCATOR' branded advertising, software, and various informational or promotional messages to computer screens while users view Internet Web pages ('XLOCATOR Ads'), and is a prerequisite to downloading or installing these ad-supported software applications.
Without collecting ANY personally identifying information, the XLOCATOR AdServer uses the computer usage patterns and web browsing history (including the URLs of visited Web sites) of anonymous computer users to determine their likely interests in order to select appropriate XLOCATOR Ads to display on users� computer screens. Please note that advertisements displayed on users� screens may promote products or companies who may directly compete with the publishers of Web pages you may be viewing, or may have recently viewed, when such ads appear.
As used herein, �Licensed Materials� collectively refers to the XLOCATOR AdServer and all IWI-Supported Software.
"IWI Supplied Materials" includes such Licensed Materials, and also refers to all Web sites owned and operated by IWI, as well as their available content.
Warranty of Ownership. You represent and warrant that you are the owner of this computer and choose, or have been authorized by its owner, to download and install the XLOCATOR AdServer and IWI-Supported Software. You agree to provide any and all other users of this computer with a copy of these Terms and Conditions and to obtain their consent thereto before allowing them to use the computer to view Web sites on the Internet. Y
ou agree that you will not use, nor encourage others to use any unauthorized means of removing any IWI-Supported Software or use any means to avoid the display of any ads sent by IWI or others while retaining the ability to use any IWI-Supported Software.
Removing Software. You acknowledge and agree that you have voluntarily chosen to install any IWI-Supported Software that may be present on your computer and that you may remove any such software at any time. To stop receiving IWI Ads, you must use the Microsoft Windows Add/Remove Programs menu in the Microsoft Windows Control Panel to remove all IWI-Supported Software programs from your computer. The XLOCATOR AdServer will automatically uninstall itself shortly after removal of all IWI Supported software programs from your computer. By removing the software and destroying any other copies of it, you are also terminating these Terms and Conditions.
Links. IWI-Supplied Materials and XLOCATOR Ads that appear on your computer may contain links to web sites operated by other parties. IWI does not control such linked web sites and is not responsible for the content available on such sites. Nor does the presence of such links in any way signify IWI's endorsement of material that may be contained on any other web site unless expressly stated. Using such links to access any other Internet sites as herein described is done at the user�s own risk.
Scope of License. By this Agreement, IWI grants you a limited, non-exclusive license to download and use the most current versions of Licensed Materials for your personal, non-commercial use.
License Restrictions. Subsequent to the date of this Agreement, IWI may distribute updates to, replace with newer versions of, and/or otherwise modify or add to the Licensed Materials. IWI may revoke your license to an existing version of Licensed Materials when new versions of Licensed Materials are released. IWI may also require the update or automatic distribution of Licensed Materials on your computer upon the public release of new versions of Licensed Materials, to advise you of new features and promotional offers, and/or to modify or add to applications that comprise Licensed Materials. This update or new download may occur automatically or through other means. You acknowledge and agree that IWI and/or its affiliates may condition your right to use any subsequent versions of Licensed Materials upon your review and acceptance of IWI's or its affiliate�s then-current license agreement. Nonetheless, neither IWI nor its affiliates have any obligation to provide you with any subsequent version of Licensed Materials.
You may not access or use any Licensed Materials except through the appropriate graphical user interface provided by IWI or its affiliates, and are likewise prohibited from using any high-volume, automated, or electronic processes to access or trigger operation of Licensed Materials. You may not disseminate or reproduce (except for backup purposes) the Licensed Materials. You are also prohibited (and agree to refrain) from attempting or in any way assisting others to attempt to discover IWI�s confidential, trade secret, commercially sensitive, and/or proprietary information with respect to the Licensed Materials or equivalents of Licensed Materials, including but not limited to IWI�s methodology and technology for delivery of advertisements and any and all content of IWI�s communications and content stored on IWI�s servers, or to access or in any way modify the source code for the Licensed Materials. IWI does not authorize you to create derivative works of Licensed Materials, and IWI and its affiliates will retain exclusive ownership of any unauthorized modification or enhancement to the Licensed Materials. You agree not to access IWI or IWI affiliate services or software applications except by using the appropriate interface provided by IWI or its affiliates. You understand and agree that you may not make any unauthorized use of any confidential information of IWI, which includes but is not limited to all communications between IWI and the Licensed Materials and the content stored on IWI�s computer servers and in its software, and as such agree to refrain from attempting to access, display, transmit, publish, store, create derivative works of, or to in any way exploit any such confidential information other than such functions as are performed by the Licensed Materials in the normal course of operation. You are strictly prohibited from using any device to intercept or access communications between IWI and the Licensed Materials. You acknowledge and agree that IWI may modify, discontinue, or suspend your right to access any of the Licensed Materials at any time for any reason. Should IWI so modify, discontinue or suspend your right to access any of the Licensed Materials, however, you may terminate this Agreement, as well as your obligation to receive IWI Ads, by removing all IWI Supported Software from your computer in the manner prescribed above.
You further agree to comply with all applicable laws, rules and regulations in your use of the XLOCATOR AdServer and IWI-Supported Software, and also to refrain from using the XLOCATOR AdServer, or IWI-Supported Software, in any manner prohibited by law, or in violation of any contract by which you are bound.
Ownership. You acknowledge and agree that all Licensed Materials, including all intellectual and proprietary rights in such materials, belong exclusively to IWI, unless expressly stated otherwise, and that your license to use such materials is non-exclusive and revocable at IWI�s sole discretion. All rights, title and interest in and to Licensed Materials shall remain IWI�s exclusive property, irrespective of the form or media in or on which the original or other copies of such Licensed Materials may subsequently exist. Applicable intellectual property laws likewise protect all content accessed through Licensed Materials, which content belongs to the applicable content owner, whose rights in such content are unaffected by this Agreement.
Disclaimer of Warranty. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CHOSEN TO USE IWI-SUPPLIED MATERIALS AT YOUR OWN RISK; FURTHER, THAT SUCH IWI-SUPPLIED MATERIALS HAVE BEEN PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT IWI SHALL BEAR NO LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB SITES THAT MAY BE LINKED FROM ANY IWI-SUPPLIED MATERIALS. THIS DISCLAIMER OF WARRANTY IS A MATERIAL TERM OF THIS AGREEMENT. IWI MAKES NO WARRANTY WITH REGARD (I) TO THE PROPER FUNCTIONING OF THE IWI-SUPPLIED MATERIALS; (II) THE RELABILITY OF ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IWI-SUPPLIED MATERIALS; (III) THE ABILITY OF THE IWI-SUPPLIED MATERIALS TO IDENTIFY ANY IDENTITY THEFT, (IV) THE QUALITY OF ANY PRODUCTS ACQUIRED THROUGH THE USE OF THE IWI-SUPPLIED MATERIALS; OR (V) THE CORRECTION OF ANY ERRORS THAT MAY EXIST IN THE IWI-SUPPLIED MATERIALS.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL IWI OR ANY DISTRIBUTOR, DISTRIBUTEE, SUPPLIER, MERCHANT BUSINESS AFFILIATE, ADVERTISER, OR DISTRIBUTOR OF IWI-SUPPORTED SOFTWARE, OR THEIR OFFICERS, DIRECTORS AND EMPLOYEES, BE LIABLE FOR ANY INDIRECT DAMAGES FOR ANY REASON, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFIT, OR LOST OPPORTUNITY, AS WELL AS ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THIS AGREEMENT, OR YOUR USE OR INABILITY TO USE ANY LICENSED MATERIALS OR IWI-SUPPLIED MATERIALS IRRESPECTIVE OF WHETHER A PROTECTED PARTY HAS RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE MAXIMUM CUMULATIVE LIABILITY OF ANY AND ALL PROTECTED PARTIES UNDER THIS AGREEMENT EXCEED THE LESSER OF $100 OR THE REVENUE ACTUALLY RECEIVED BY IWI FROM THE XLOCATOR ADSERVER.
YOU UNDERSTAND AND AGREE THAT THE IWI SHALL BEAR NO LIABILITY AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY ANY COSTS, DAMAGES OR ATTORNEY�S FEES FOR ANY CLAIM ARISING FROM YOUR USE OF ANY LICENSED MATERIALS, OR ANY RESULTS OF THAT USE, WHETHER SUCH LICENSED MATERIALS ARE USED ALONE OR IN COMBINATION WITH NON-LICENSED MATERIALS.
Export Controls. You may not download, export or otherwise re-export the IWI AdServer, IWI-Supported Software, and/or the underlying information and technology (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Applicable Law. The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Los Angeles County, California. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
Arbitration. Any claim or controversy arising out of or related to these Terms and Conditions, Licensed Materials, IWI-Supplied Materials, or any IWI-Supported Software shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Nothing herein shall preclude IWI from seeking any injunctive relief in State or Federal courts for protection of IWI's intellectual property rights
.
Successor Agreements. IWI may change these Terms and Conditions in the future. Where necessary or appropriate, IWI will obtain your informed consent to the new Terms and Conditions before they take effect
. You will usually be advised of these changes through a pop up window.
You understand and agree that upon notice of change, your consent to such revised Terms and Conditions will be inferred absent your prompt removal and destruction of all IWI-Supported Software from your computer. Otherwise, you will be deemed to have accepted the terms of IWI's most current Terms and Conditions for which you have given your consent, or for which you have been given notice, as appropriate. Notwithstanding the above, these Terms and Conditions may not be revised except in writing signed by all relevant parties.
Integration. This Agreement sets forth the entire understanding and agreement between you and IWI. Should it be determined that any provision or provisions hereof are invalid, illegal, or unenforceable, such determination shall not affect or impair the validity, legality, and enforceability of the remaining provisions.
Acts of God. IWI shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of IWI.
For support questions, or for questions regarding the specific terms of these Terms and Conditions, contact us at support@xlocator.com. |
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プライバシURL: |
http://www.xlocator.com/terms.html |
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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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