The following License Agreement have been republished from www.betterads.org/terms/ and/or the program's installer.
THIS IS A LEGAL AGREEMENT ("Agreement") between you, the end user, and Ashbury Media LLC ("BetterAds", "we", "our", or "us").
Use of the software you are about to download or install indicates your acceptance of this Agreement. As used in this Agreement, the capitalized term "Software" means BetterAds browser add-ons, browser extensions, browser plugins, software clients, the BetterAds servers, the BetterAds service, the BetterAds web sites, and all other software, features, tools, web sites, widgets, and services offered by BetterAds and its business divisions together with any and all enhancements, upgrades, and updates that may be provided to you in the future by BetterAds. All browsers must close to install the Software, and the Software will be automatically enabled upon restart. By accepting this Agreement, you are consenting to BetterAds Software running on your computer. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU SHOULD SO INDICATE AT THE APPROPRIATE SCREEN AND PROMPTLY DISCONTINUE THE INSTALLATION AND DOWNLOAD PROCESS.
The Software and any accompanying documentation are owned by BetterAds and ownership of the Software shall at all times remain with BetterAds. Copies are provided to you only to allow you to exercise your rights under this Agreement. This Agreement does not constitute a sale of the Software or any accompanying documentation, or any portion thereof. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to or in the Software or any accompanying documentation. All rights not expressly granted to you under this Agreement are reserved by BetterAds.
2. HOW WE MAY MODIFY THIS AGREEMENT.
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the Software which BetterAds provides may change from time to time without prior notice to you. We may also cease or discontinue providing the Software or upgrades for the Software at any time.
3. DESCRIPTION OF SOFTWARE
The BetterAds Software allows you to modify the advertisements you see on web sites. You agree to permit the Software to find and replace advertisements on the web sites you visit. The ads shown by BetterAds are not associated with or endorsed by the underlying web sites.
Our goal is to help you see better ads across the web so we will do our best to block and prevent low quality advertisements ("Nuisance Creative") such as, but not limited to, ads that blink, ads that shake, ads that automatically play audio or video, ads that resemble error dialogs, ads that cover the whole page, ads for a mature audience, ads that pop up, surveys that pop up, suggestive ads, and ads that promote malware. Unfortunately, we can't examine every advertiser on the Internet so our ability to block Nuisance Creative is not complete or full-proof as a solution to the Nuisance Creative problem. BetterAds neither guarantees nor warrants that the Software will identify and prevent all Nuisance Creative for you.
4. HOW YOU MAY ACCESS AND USE THE SOFTWARE.
You may use this Software on a computer system only if you own the system or have the permission of the owner.
You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to this Agreement.
You may not use any automated process or service to access and/or use the Software such as a BOT, a spider or periodic caching of information stored by BetterAds. You may not use any software or services with the Software or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Software. You may also not use any software or hardware that reduces the number of users directly accessing or using the Software (sometimes called 'multiplexing' or 'pooling' software or hardware).
You may only use the Software or authorized third-party software to connect to the servers of the Software.
5. WHAT YOU MAY NOT DO WITH THE SOFTWARE.
The privacy, safety and security of our Software and the users of our Software are very important to us. You may not use the Software in any way that could harm the Software, other Software users, BetterAds or our affiliates. Some examples of harmful activity that we do not permit include:
You will not, and will not permit others to: (i) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the Software; or (ii) use, copy, modify, alter, or transfer, electronically or otherwise, the Software or any of the accompanying documentation except as expressly permitted in this Agreement; or (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in this Agreement.
You will not use the Software to engage in or allow others to engage in any illegal activity.
You will not transfer the Software or utilize the Software in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties.
6. UPGRADES, UPDATES AND ENHANCEMENTS.
All upgrades, updates or enhancements of the Software shall be deemed to be part of the Software and will be subject to this Agreement. The Software may communicate with BetterAds servers to check for available updates to the Software, including bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Software sends BetterAds servers a request for the latest version of the Software. By installing the Software, you hereby agree to automatically request and receive Updates from BetterAds servers.
The BetterAds Software may provide, or third parties may provide, links or advertisements that link to other web sites or resources. You acknowledge and agree that BetterAds is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
8. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BetterAds Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BetterAds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the BetterAds Software. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BetterAds.
9. DISCLAIMER OF WARRANTY.
THE SOFTWARE IS PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AND AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BETTERADS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, BETTERADS' COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID FOR THIS LICENSE.
11. CHANGES TO THE SOFTWARE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SOFTWARE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS 9 AND 10, BETTERADS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, BETTERADS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. LEGENDS AND NOTICES.
You agree that you will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or any accompanying documentation.
13. TERMINATION OF SOFTWARE AND SERVICE.
This Agreement is effective upon your acceptance as provided herein and payment of the applicable license fees (if any), and will remain in force until terminated. You may terminate the licenses granted in this Agreement at any time by destroying the Software and any accompanying documentation, together with any and all copies thereof. The licenses granted in this Agreement will terminate automatically if you breach any of its terms or conditions or any of the terms or conditions of any other agreement between you and BetterAds. Upon termination, you shall immediately destroy the original and all copies of the Software and any accompanying documentation, or return them to BetterAds.
14. SOFTWARE SUGGESTIONS.
BetterAds welcomes suggestions for enhancing the Software and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to BetterAds' business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of BetterAds and may be used for its business purposes in its sole discretion without any payment or accounting to you.
15. EXPORT CONTROL.
The Software may contain encryption and is subject to United States export control laws and regulations and may be subject to export or import regulations in other countries, including controls on encryption products. You agree that you will not export, re-export or transfer the Software in violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, re-export, transfer or import the Software.
In addition to the above, the Software may not be used by, or exported or re-exported to: (i) any U.S. or EU sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) to any person, entity or organization or other party identified on the U.S. Department of Commerce's Table of Denial Orders or the U.S. Department of Treasury's lists of Specially Designated Nationals and Blocked Persons, as published and revised from time to time; (iii) to any party engaged in nuclear, chemical/biological weapons or missile proliferation activities, unless authorized by U.S. and local (as required) law or regulations.
16. COPYRIGHT AND TRADEMARK INFORMATION.
COPYRIGHT NOTICE: Copyright © Ashbury Media LLC - All Rights Reserved.
"BetterAds" is a trademark of Ashbury Media LLC. All other trademarks, trade names service marks, service names are the property of their respective holders.
This Agreement constitutes the entire agreement between the parties concerning the Software. This Agreement shall be governed by the laws of the State of California, excluding its conflict of law provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
18. PERFORMANCE AND USAGE DATA.
BetterAds may automatically upload performance and usage data for evaluating the Software. Such data will not personally identify you.
19. CUSTOMER SUPPORT.
Please contact us at [email protected]
for customer support ("Support"). Unless you have entered into a separate written support contract with BetterAds for the Software, however, we may terminate any Support we provide at any time.
Authorized third-party software that uses the Software is not supported by BetterAds You should contact the provider of such software for support, if any.
Internet Explorer: Go to the 'Windows Start Menu' and then to 'Control Panel' %3E 'Add/Remove' (or 'Programs & Features' in Vista/Windows 7) and click 'Remove' (or 'Uninstall' in Vista/Windows 7) next to 'BetterAds'.
Firefox: In Firefox, go to 'Tools' %3E 'Add-ons Manager' and click 'Remove' next to 'BetterAds'.
Chrome: In Chrome, go to 'Settings' %3E 'Extensions' and click the 'Remove' icon next to 'BetterAds'.
According to the license agreement provied by Ashbury Media LLC, it was effective as of July 22, 2012. For the most up to date Terms or EULA, visit the publisher's website at www.betterads.org/terms/. The above content is the sole property of Ashbury Media LLC and replished on this site for transparency purposes only. All questions about these republished terms should be directed to the publisher directly by visiting the publisher's site at http://www.betterads.org/.
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