Copyright Infringement Issues News
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How RailCorp's derailing commuter 'apps' - Age
RailCorp is trying to stop four more software developers selling cheap "apps" so Sydney commuters can check train times on their iPhones and other mobiles. The legal threats have been made even though RailCorp offers no equivalent service to ...
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Microchip battles Asian firms over infringement - AZCentral.com
Microchip Technology Inc.'s copyright and patent woes are mounting as the Chandler-based semiconductor manufacturer battles an Asian appliance maker over alleged infringement. Microchip filed its copyright suit against China-based Shanghai Haier ...
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'Skin taxes' tempt, but face 1st Amendment issues - Sacramento Bee
OLYMPIA, Wash. -- It's enough to make you blush: Some politicians want a bigger taste of the economy's naughty side, pushing for special taxes on dirty magazines, racy movies, sex toys and strip clubs. In Washington state, a half-dozen cash-strapped ...
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Setting the iPhone Free from AT&T - MSN MoneyCentral
As the exclusive U.S. carrier for the Apple (AAPL) iPhone, AT&T has had a lot to celebrate. Rivals hope to crash the party. A growing number of public interest groups want an end to the partnership that forces buyers of Apple's iPhone to buy their ...
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MediaSentry weighed in the balance, found wanting - Ars Technica
The RIAA has filed tens of thousands of lawsuits against suspected file-sharers—and that's just the US total. Worldwide, the music industry has done this so many times that its lawyers certainly know the drill and trust their own evidence ...
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Cracking down on downloading at Eastern Illinois U. - U-Wire.com
More than 1,800 Eastern Illinois University students and faculty members have received complaints of possible copyright infringement since May 2008, and a few departments have been strained with managing the influx of complaints. Adam Dodge, the ...
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Chubb Launches Media Liability Platform in Response to Industry ... - DVD Creation
WARREN, NJ -- (Marketwire) -- 03/05/09 -- Recognizing that media and non-media companies are now disseminating information and other content through multiple channels, the Chubb Group of Insurance Companies has launched MediaGuard(SM). The errors and ...
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Is Anything In Shepard Fairey's Image Actually Copyrightable By The AP ... - Tech Dirt
With a lawsuit underway after the Associated Press accused artist Shepard Fairey of copyright infringement over his iconic Barack Obama poster (Fairey initiated the actual lawsuit, asking for a declaratory judgment that his image did not infringe ...
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Blackout Ireland rallies support against P2P disconnections - Ars Technica
You need to login before you can comment. Please go to our forums and login/register an account. Once you're setup, just refresh this page. Having issues staying logged in? You might have an old, bad version of our cookies. Try clearing cookies for ...
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Representation needed in Internet Policy Debate - Scoop
Public, Artists, and most ISPs not represented in Internet Policy The Creative Freedom Foundation welcomes the Government's decision to delay the Guilt Upon Accusation law Section 92A, however this delay also calls for two non-Governmental groups to ...
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Top Copyright Infringement Issues Results
Copyright: Infringement Issues - Internet Law Treatise
Elements. To prove direct infringement, a plaintiff must first prove that the defendant copied the protected work. Kelly v. Arriba Soft Corp., 336 F.3d 811, 817 (9th Cir. 2003 ...
Copyright infringement - Wikipedia, the free encyclopediaCopyright infringement' (or copyright violation) is the unauthorized use of material that is ... Whether RAM constitutes a "fixed medium" is a contentious issue in copyright litigation ...
U.S. Copyright Office - Copyright Law: Chapter 5Copyright Infringement and Remedies. 501. Infringement of copyright; 502. Remedies for infringement: ... behalf may request the clerk of any United States district court to issue a ...
Copyright Infringement-Further IssuesA case out of the Sixth Circuit Court of Appeals, Gordon vs. Nextel Communications and Mullen Advertising Inc., discussed some aspects of infringement claims that often do not ...
Copyright Infringement-Some IssuesIn Bucklew vs. Hawkins, Ash et. al., the Seventh Circuit Court of Appeals decided a case that fleshes out some of the issues related to what is or is not copyrightable.
COPYRIGHT INFRINGEMENT ISSUES ON THE INTERNETfive major economic rights: the right to reproduce the work, create derivative works, distribute the work, perform the work publicly, and to display the work. Different types of ...
myartspace>blog: Shepard Fairey: Obey CopyrightOh, wait, they used "acceptable" media, inks and paint.”” I’ve mentioned Warhol’s copyright issues on this blog before. I’ve also mentioned copyright infringement ...
US Attorneys' Bulletin: Novel Internet Criminal Copyright Infringement ... Novel Criminal Copyright Infringement Issues Related to the Internet. David Goldstone Trial Attorney Computer Crime and Intellectual Property Section
Copyright Infringement — SmartcomputingCopyright and your computer ... Vulnerabilities RSS Feed - Symantec Corp. Microsoft Excel Invalid Object Remote Code Execution Vulnerability Feb 22, 2009
Copyright infringement of software - Wikipedia, the free encyclopedia ... issues), there have been fears that world governments might try to use copyright laws and enforcement politically. The rate of copyright infringement of ... copyright infringement ...
Other Copyright Infringement Issues Results
Open Question: Copyright infringement issues?
OK I’m trying to start a business in writing superhero comic books. I have a dilemma. Copyrights! First there’s the fact that the term superhero is a trademark co-owned by DC Comics and Marvel Comics. Also I’ve compared some of my characters names with names from the mega-companies. Many of them are similar. Such as the terrorist I created named Phoenix (a name of a superhero from Marvel). On the other hand I’m sure I’ve seen two companies use the same name. Any advise?
moreOpen Question: What are the copyright issues associated with selling sheet music of covers for popular songs?
Say I made a piano version of song (eg. wake me up when september ends - Green day) and produced sheet music for it for piano and then sold them... are there any copyright infringements?
moreOpen Question: Need help to delete Myspace!?
I seriously no longer like visiting this site and it is now a major distraction in my life. It's time I get off this damn computer and go on with my life! It seriously does nothing but get in the way of what I aim to be later on in life and I beg you...
PLEASE DELETE MY MYSPACE!
http://www.myspace.com/theoriginaljoey92
The reason being that I can't do it myself (As the email I registered in no longer works so I can't do it manually) and the fact that no matter how many times I tell them the staff will NEVER get to the damn issue!
Simply just report the image I have as my profile picture as a copyright infringement!
Don't ask just do it!
Lift me of this Myspace curse! -.-;
moreOpen Question: Help me delete myspace?
I seriously no longer like visiting this site and it is now a major distraction in my life. It's time I get off this damn computer and go on with my life! It seriously does nothing but get in the way of what I aim to be later on in life and I beg you...
PLEASE DELETE MY MYSPACE!
http://www.myspace.com/theoriginaljoey92
The reason being that I can't do it myself (As the email I registered in no longer works so I can't do it manually) and the fact that no matter how many times I tell them the staff will NEVER get to the damn issue!
Don't ask just do it!
Lift me of this Myspace curse! -.-;
Just report image as copyright infringement!
moreVoting Question: Ethical Issues?
-disuss one ethical issue relating to maketing (copyright infringements, expiry dates, false advertising, pollution, product safety and labelling, etc)
-showing how it impacts on the business.
moreVoting Question: copyright issue, does posting a very small part of a copyright song (10 seconds) as part of a large video ?
(10 minutes) would constitute a copyright infringement? if so?
in which cases it would?
moreVoting Question: Music and copyright infringement?
I know the federal statutes regarding fair use of copyrighted material, however some specifics are still unclear. I am trying to figure out a more specific issue.
If a teacher uses the melody of a song, but changes the lyrics, does anyone know what cases are precedent?
Or can someone give me some legal analysis?
Thanks
moreResolved Question: In Spider-Man 3 on the older game consoles is Spidey's quote "I bet I could sue you for copyright...?
...infringement and win" a reference to Secret Wars issue 7 of 12 when he said something similar to the Spider-Woman from Denver?
moreResolved Question: Copyright Issue: If two different companies, in different fields, have different names but common initials...?
What is considered copyright infringement? The names are different but both companies are commonly referred to by their initials.
moreResolved Question: Copyright Infringement?
I make videos of the band Disturbed and post them on youtube. I made a very popular one that lasted on there for 3 years but then got deleted along with another saying copyright issues. How do i not get nailed by copyright infringement if i just want to make Fan made videos using disturbed's music and videos. I just uploaded another and it said the audio is copyright and not the video, i did say the video was copyrighted by disturbed, didnt say anything about the audio but idk. I SEE MILLIONS of videos with there videos and songs made by original people on youtube why do theres not get deleted and mine do. Is there a way i can keep mine up there and not have them take it off for copyright infringement. Is there a way to cite disturbed and give credit to them for what i used?
moreResolved Question: Youtube copyright issue?
i uploaded a video and in was rejected for copyright infringement. i clicked resolve and i had the option to swap out the audio,mute the audio, or remove the video. i swapped out the audio with a youtube song thing and it still says rejected. WHAT DO I DO SO IT DOESN'T SAY REJECTED?!?!?!?!?!
moreVoting Question: What is this copy right infringement e- mail I got ? ?
I got this e-mail today and it sort of scarred me, I haven't ever down loaded this and it says I did ...
RE: Unauthorized Distribution of the Copyrighted Work Entitled
Harry Potter Book Series
Dear DMCA Agent:
We are writing this letter on behalf of the Christopher Little Literary Agency
(agents to JK Rowling), in respect to their client, JK Rowling.
As you may know, JK Rowling is the holder of rights under copyright, including
exclusive distribution rights, in and to the world famous Harry Potter series of
books.
No one is authorized to reproduce, publish, transmit, or otherwise distribute
the above-mentioned work(s) without the express written permission of JK
Rowling, which permission JK Rowling has not granted to XX.XXX.XXX.XX.
We have received information that an individual has utilized the
above-referenced IP address at the noted date and time to offer downloads of the
above-mentioned work through a "peer-to-peer" service.
The attached documentation specifies the location on your network where the
infringement occurred, the number of repeat violations recorded at this specific
location, as well as any available identifying information.
The distribution of unauthorized copies of copyrighted works constitutes
copyright infringement under the Copyright Act, Title 17 United States Code
Section 106(3). This conduct may also violate the laws of other countries,
international law, and/or treaty obligations.
Since you own this IP address, we request that you immediately do the following:
1) Disable access to the individual who has engaged in the conduct described
above; and
2) Terminate any and all accounts that this individual has through you.
On behalf of JK Rowling, owner of the exclusive rights to the copyrighted
material at issue in this notice, we hereby state, pursuant to the Digital
Millennium Copyright Act, Title 17 United States Code Section 512, that we have
a good faith belief that use of the material in the manner complained of is not
authorized by JK Rowling, its respective agents, or the law. For the avoidance
of doubt, please note that our concern is not with genuine, non-commercial 'fan
fiction'. Therefore, if we have misidentified this file and it is in fact
genuinely such fan fiction please disregard this notice. However, where any file
leads the public to believe that it is in fact the work of JK Rowling, by using
her copyrighted Titles or otherwise, this is an offence and the offending
material must be removed.
Also pursuant to the Digital Millennium Copyright Act, we hereby state that we
believe the information in this notification is accurate, and, under penalty of
perjury, that MediaSentry is authorized to act on behalf of the owner of the
exclusive rights being infringed as set forth in this notification.
Please contact us by replying to this email should you have any questions.
We appreciate your assistance and thank you for your cooperation in this matter.
In your future correspondence with us, please refer to Case ID XXXXXXXXX.
Your prompt response is requested.
Respectfully,
A Kempe
Enforcement Coordinator
SafeNet, Inc.and they tell me not to contact my internet providor directly but to contact them.
moreResolved Question: What are my obligations to avoid HTML copyright infringement?
I would like to copy and paste the HTML of a listing on a real estate website to modify and use as a template for my own "for sale by owner" listing. If I remove all photos, text etc that pertain to that particular listing and website can I legally do this? Anyone know any links to documentation regarding these kinds of copyright issues?
moreVoting Question: What should I do to prepare for a copyright infringement issue?
Before I begin, let me explain that I have made a mistake and am fully willing to come to terms with that.
I recently received an email from my university claiming that I am to meet for an appointment regarding my illegal download of copyrighted material. Within the email one and only one copyright infringement is noted, specifically for an episode of a television program.
What is the best way to approach this situation? The email claims I could be subject to federal law. Should I be as apologetic and remorseful as possible? I know this sounds dumb, but would running out and legally buying the TV show episode help?
Any and all advice is greatly appreciated.
Also, if any one knows of any online resources I could use for insight into this matter or I would deeply appreciate it. (I vaguely remember a web site that was devoted to helping college students in these sorts of situations by explaining their exact rights.)
Thank you very much.
moreResolved Question: Are there other alternatives to youtube audio swap?
YouTube has been really cracking down on the whole copyright infringement issue. I thought well I will give this audio swap tool a shot. Not all of songs are bad but most really suck. Is there a way to add music to my videos that is not a violation of copyright infringement? or Maybe some other sites you can find music that anyone can use. I hate to go through the pain in the but process of getting permission to use a certain song. I just did not what to have to resort to only youtube audio swap. Anyone ideas?
moreResolved Question: Why was detroitiscrap shut down?
Unofficially I've heard because of "copyright infringement", but that the issue was over using the words "Detroit" and "News" in the same phrase...how is this copyright? Is it possible this is a blatant attack on white nationalism?
Anybody with more insight is welcome to enlighten me....@ Schmitty: Thanks for the non-answer.
moreResolved Question: Need Help in Google Advertisement.?
I have recently opened a new website, it's an Japanese manga and anime site, people can post their episodes/ chapters whenever they want to, just for fun. Not Uploading it, they are just allowed to embed them from a third party website. It's just like a freedom blog site.
Since I don't let my members to upload any Videos/Images or any copyrighted documents, can I apply for Google Ads?
Will they approve my website?
My Website's Legal Notice:
None of the videos on this website are hosted on our servers or servers of staff, family members or otherwise related in any way whatsoever. Unless otherwise stated, all videos on this site are uploaded by and hosted on the servers of third-parties, so called Video Sharing Websites, such as Veoh.com or Youtube.com. In case of copyright infringement or any other issue, please directly contact the responsible parties, not us.
Users who upload to video sharing websites such as YouTube and Veoh agree not to upload illegal content when creating their user accounts.
_____________
Thanks, fastest and most informative answer will receive 10 points immediately! :D
moreVoting Question: I am a college student being sued for copyright infringement by the RIAA.?
I recieved a letter in the mail telling me that I will be sued for copyright infringement and they have offered me the option to settle out of court. The settlement is $4,000. I am a 20 year old college student I have no money, I do not work, I am a full time student. The only money that I have is in the form of scholarships to pay for school. I want to resolve the issue but I cannot pay $4,000 to settle and I do not have the money for an attorney to take the matter to court. I dont know what to do, what happens if you are being sued but have no money to settle or pay for the lawsuit?
moreVoting Question: Is the scream mask / ghostface copyrighted?
Is the mask from the "scream" movies copyrighted? Ive searched everywhere and cant seem to find an answer. There are so many variations of the mask, from different companies as well as different movies. There are also a few photos on "istock photo" of someone wearing this mask (and istock is very stern about copyright issues)
Another question (if you can answer the first) : if I was to make my own "scream mask" out of plaster or paper mache would that be copyright infringement?This is for a contest video entry. It would be considered commercial use.
moreResolved Question: youtube copyright music issues?
i bought a cd and i input the tracks on that cd onto my computer. i was working on a video for the song, as a halloween special for entertainment, for viewers. i worked around 5 hours for about a minute on the video and decided i wanted to see of the quality of the video would be fine on youtube. so i upload a preview, but this copyright notice comes up and tells me my video has been rejected. did i do something wrong? i mean i didn't intend to do any copyright infringement and i even bought the music. what do i have to do? how do i get permission from the artist or something? help ><"
moreResolved Question: I was wondering if this was considered plagiarism?
English language (and all applications thereof) used without permission from its inventors, writers, and copywriters. No rights reserved. All parts of this book may be reproduced and transmitted in any form by any means, electronic or mechanical, especially including photocopying if it is done at the expense of some unsuspecting corporation. Other recommended methods include broadcasting reading over pirate radio, reprinting tracts in unwary newspapers, and just signing your own name to this and publishing it as your own work. Any claim relating to copyright infringement, advocation of illegal activities, defamation of character, incitement to riot, treason, etc. should be addressed directly to your Congressperson as a military rather than civil issue.
that is written on page 4 of the book Days of War, Nights of Love. if i needed to write an essay for school and just took one from that book would it be plagerized?
moreResolved Question: Class action Suit against Viacom???????????????
Google must divulge the viewing habits of every user who has ever watched any video on YouTube, a US court has ruled.
The ruling comes as part of Google's legal battle with Viacom over allegations of copyright infringement. Digital rights group the Electronic Frontier Foundation (EFF) called the ruling a "set-back to privacy rights".
The viewing log, which will be handed to Viacom, contains the log-in ID of users, the computer IP address (online identifier) and video clip details. While the legal battle between the two firms is being contested in the US, it is thought the ruling will apply to YouTube users and their viewing habits everywhere. Viacom, which owns MTV and Paramount Pictures, has alleged that YouTube is guilty of massive copyright infringement.
The UK's Premier League association is also seeking class action status with Viacom on the issue, alledging YouTube, which was bought by Google in 2006, has been used to watch football highlights.
When it initiated legal action in March 2007 Viacom said it had identified about 160,000 unauthorised clips of its programmes on the website, which had been viewed more than 1.5 billion times. Following the launch of its billion-dollar lawsuit, YouTube introduced filtering tools in an effort to prevent copyright materials from appearing on the site. The US court declined Viacom's request that Google be forced to hand over the source code of YouTube, saying it was a "trade secret" that should not be disclosed.
But it said privacy concerns expressed by Google about handing over the log were "speculative".
Google's senior litigation counsel Catherine Lacavera said in a statement: "We are disappointed the court granted Viacom's over-reaching demand for viewing history. "We will ask Viacom to respect users' privacy and allow us to anonymise the logs before producing them under the court's order."
The ruling will see the viewing habits of millions of YouTube users given to Viacom, totalling more than 12 terabytes of data. Viacom said it wanted the data to "compare the attractiveness of allegedly infringing video with that of non-infringing videos." Leading privacy expert Simon Davies told BBC News that the privacy of millions of YouTube users was threatened. He said: "The chickens have come home to roost for Google. Their arrogance and refusal to listen to friendly advice has resulted in the privacy of tens of millions being placed under threat."
Mr Davies said privacy campaigners had warned Google for years that IP addresses were personally identifiable information.
Google pledged last year to anonymise IP addresses for search information but it has said nothing about YouTube data.
Mr Davies said: "Governments and organisations are realising that companies like Google have a warehouse full of data. And while that data is stored it is under threat of being used and putting privacy in danger."
The EFF said: "The Court's erroneous ruling is a set-back to privacy rights, and will allow Viacom to see what you are watching on YouTube. We urge Viacom to back off this overbroad request and Google to take all steps necessary to challenge this order and protect the rights of its users."
The body said the ruling was also potentially unlawful because the log data did contain personally identifiable data.
The court also ruled that Google disclose to Viacom the details of all videos that have been removed from the site for any reason.
moreVoting Question: Does John McCain have an Intellectual Property Problem?
In his brand new technology policy statement, Senator John McCain lists as one of his top priorities "effectively protecting American intellectual property in the United States and around the globe."
Yet for at least the third time, McCain's presidential campaign has been accused of using others' intellectual property without permission in a political attack ad that appeared online.
Yesterday, hours after McCain issued his technology platform, classic rocker Jackson Browne sued the candidate and the Republican National Committee in U.S. District Court in Los Angeles for using his hit "Running On Empty" in an attack ad slamming opponent Barack Obama. Browne is seeking a permanent injunction barring McCain from using any more of the singer's material, as well as damages.
..."They used a John Mellencamp song until he made them stop and he used an ABBA song and a Frankie Valli song -- it's ridiculous and it's setting a terrible example," Iser told the L.A. Times. "It's shocking that they don't even attempt to get permission. There's no copyright difference between using a song to sell cars or by people running for president."
"The music industry continues to suffer due to lack of respect for intellectual property rights, and a candidate for president has a duty to lead by example and ensuring their campaign does as well," Iser added.
Last month, Warner Music Group demanded that the YouTube remove another McCain video, "Obama Love," which was set to Frankie Valli's "Can't Take My Eyes Off You." And earlier this week, comedian Mike Myers accused McCain of copyright infringement for using the iconic Wayne's World line "We're Not Worthy!" in yet another ad attacking Obama.
http://biz.yahoo.com/portfolio/080815/tag_www_portfolio_com_2008_5_12699.html?.v=1
moreResolved Question: Is printing a book cover illegal?
So, I printed 4 book covers at a photo kiosk at the store. I saved web images and just printed them as 4X6's at the kiosk. Not thinking it would be copyright infringement, my friend said they think it might be so I was wondering 1st, if it is and 2nd, what would happen if I got caught. ( I fear that one might be stuck in the machine or something and they will catch me, not that I am worried about it being a huge legal issue haha)
I'm not selling the pictures I am actually just putting them in a collage for my room, so I'm not using them for profit.
I'm not looking for legal advice by any means, just kind of curious if this is a huge issue or anything.
moreResolved Question: Can I use different pattern shape in order to avoid copyright infringement issues?
I found out that another company has already patented the idea that I had last year, however, the shape of my pattern used is different as well as the construction and amount of materials used. Am I able to still create my product (I'm a one-person shop) and sell it without incident?
moreResolved Question: Why did McCain yank the "Obama Love" video?
It seems there may have been copyright issues. Tsk, tsk, Mr. McCain. Naughty boy.
I was also surprised to discover Fox News had sued McCain for copyright infringement. I thought McCain was their boy.
http://blog.wired.com/27bstroke6/2008/07/mccain-campai-1.html
moreResolved Question: whats with anime copyright infringement?
I've been watching a ton of anime and every once in awhile I find that the video had been removed due to copyright infringement or some other crap like that. Now I look around and there are DOZENS of the same episode subbed in a different language (spanish, italian, french, ect.) but yet only the english ones are having issues with copyright.
Do the makers of anime have something against americans watching anime or have I overlooked something?
moreResolved Question: Does anyone know where I can get find plays which can be performed by childrens theatre groups ??
We need to find plays which can be performed without royalty payments or copyright infringements being an issue. I am starting a drama group at my children's school and we are writing some plays ourselves but would liketo have some others to perform as well.
moreResolved Question: Non-profit use of a copyrighted image?
Hi all, I have done a fair bit of searching on this subject but still can't find the answer to my question.
Basically, I am going to put up some posters at work in order to raise awareness of some issues. I'd like to use some photos taken from the Matrix trilogy of films in order to grab people's attention.
I'm wondering whether this is copyright infringement? I do not intend to make any money in any way, just to use the images to get people to read the posters.
Can I do this or would I need to get permission? And if so, how would I even start to find out who to ask for permission?!!
Thanks for any advice you can give me.
moreVoting Question: Is someone interested in composing music for my short films?
I am a film-maker who can't afford to pay my crew(yet), including actors, assistants etc. I don't have someone to compose music for my short films and i am reluctant to use other clips or music as that might drag me into the copyright infringement issues. So is there anyone out there who would be interested to compose music for my shorts for FREE??
The only thing i can give that person would be just a final copy of the film with credit on that.Thanks for the interest Cool...but ho i am supposed to mail you if i don't have your e mail address.
you can mail me at : director.swapnil@yahoo.comThanks for the interest Cool...but ho i am supposed to mail you if i don't have your e mail address.
you can mail me at my mail ID.
moreResolved Question: Will YouTube users be sued for copyright infringement?
Recently, a district court judge ordered YouTube to hand over all its data including usernames and IP addresses to Viacom in its lawsuit against YouTube. The data includes all the users who have watched every single video on YouTube.
This is obviously a major privacy issue, but I am also wondering whether individual users who either uploaded or watched copyrighted material on YouTube could be sued by Viacom.
Since Viacom now has information on every single person who watched videos on YouTube, including their IP addresses and user logins, do you think that Viacom could potentially sue some of these people for copyright infringement if they manage to track the IP addresses down? Should people who upload and/or view copyrighted material on YouTube be sweating bullets right now?
moreResolved Question: Any suggestions? I need a topic for a paper.?
I need to think of a topic dealing with the issues of copyright infringement online that has opposing viewpoints.
moreResolved Question: What do think of this IMDB news article on movie piracy including YouTube?
Redstone Favors Crackdown On Piracy -- Including YouTube
http://www.imdb.com/news/sb/2008-05-06/film/2
Media mogul Sumner Redstone used the Seoul Digital Forum as a platform to renew his call on Asian countries to crack down on video piracy. In a keynote speech Monday Redstone said that he was "increasingly preaching to the converted" as he watched governments taking a more active interest in copyright issues "if only to protect their own homegrown content." Later, however, he took a swipe at U.S. website YouTube, which Viacom has sued for $1 billion for copyright infringement. "We cannot tolerate any form of piracy by anyone, including YouTube," he said. He repeated the oft-disputed claim that movie pirates cost his industry more than $20 billion a year. Speaking with reporters later, Redstone, who ousted Tom Cruise's production company from the Paramount lot two years ago because the actor's "conduct has not been acceptable" while promoting the latest Mission: Impossible movie, said he would not interfere if Paramount wants to
moreResolved Question: Copyright? Is this picture going to possibly cause copyright issues?
I'm starting my own business and one of my designs is I accelerate faster than a Ferrari I was told by saying Ferrari was copyright infringement (even if it is true that greyhound accelerate faster than a Ferrari) I've made a few changes but I still worry that it might infringe copyright or something Here is the design:
http://i72.photobucket.com/albums/i178/redelle/Furrari.gifhttp://i72.photobucket.com/albums/i178/redelle/hardlicker.gif
http://i72.photobucket.com/albums/i178/redelle/austidol2.gif
this is another design that he said might have copyright issues.
But another person said I only need to change something by ten percent and that means they can't do anything?Um I know that Ferrari is spelt like Furrari (as in Furry Car!) its meant to be a pun as its on dogs!
moreResolved Question: myspace deleted my account for copyright infringement?
But i had nothing on the page. Literally but a song. Now i had deleted my account once before. It has some material they didnt like so i removed it then got tired of it and deleted the account. Recently i opened it back up with the same email and started getting copyright mails and finally they deleted it. I cant get in touch with their customer service ive emailed them a zillion times. Ive even tried the phone number and get no one.
Now im sure i wont get it back but my issue is the profile is still there. if i go to myspace.com/ well you get the idea. Why is this still there. I cant accerss it ive tried to log in the email isnt inm their database anymore. I dont want my stuff there if i cant mess with it any advice?crazy thing is im still getting emails about friend requests and stuff.
moreResolved Question: Is youtube the enemy of multiple copyright infringement voliations?
While resarching, I did notice many videos that was upload. However, I became quite disturbed.
When seeing the detail through news and events, just about no credit were given. At first it was no biggy until I notice that there are multiple copyright problems most of what I notice were stolen from many flash sites. It seem like the authors created the flashes and months later, members from Youtube record it and uploaded on youtube claiming it theres.
The majority source of where they were stolen from is a site called Newgrounds. Many of my groups search and discovered an estimated 30% flashes were stolen and wern't even given credit and there over a million flash submissions at multiple flash hosting sites all together, so this is serious.
What's more errie is that some are copying other member's work and claiming them as there own also. Not just these are affected, sports events, news, media, PPV, legal issues, User made videos, and...everything.
Why do many does this?
moreResolved Question: Can a copy of an artwork have it's own copyright?
Someone asked me for permission to use an image of my painting, which was already being used, with my permission, on another website. I emailed him a different version of it so I don't really think it's an issue-- but I wonder, if he had cut and paste the image straight off the website, would that be an infringement of the website owner's copyright?By different version I just mean a higher resolution image. I know the website doesn't have any copy right to my artwork, but I don't know specifically about the little digital version on their site.
moreResolved Question: Where can I find a list of graphically designed numbers?
I'm looking for graphically designed numbers from 1 through 100 for a website plan I'm working on. Is there a site that has this? Or is there a program I can use to design the numbers myself? Oh, and if there is a site that contains graphically designed numbers I'd like to use it on my website so, I guess nothing that will be copyright infringement if I use the numbers. Thanks for any help 10 points will be issued for the best answer.
moreResolved Question: How do I copyright a company and their works?
Hello,
I'm establishing a small company for basic entertainment ideas in regards with books, graphic novels, animated films, among other forms of media.
Right now I'm working out with possible legal issues that may arise in copyright infringement, and I am wondering where I may purchase a copryighted license or anything I should be aware of.
Thanks!
moreVoting Question: Where are some good places to discuss copyright infringement, software ethics, and copy protection?
I'm not looking for forums to discuss illegal activity, just forums to discuss the above issues.
I see there is a site called boycot-riaa forums or something similar, but I am looking for something more related to software.
Thanks
moreResolved Question: Copyright Infringement? Robotics team would like to use a LEGO tiger shark as their logo?
My LEGO robotics team would like to use a picture of the LEGO tiger shark, which you can buy and build, as their logo and put it on their uniforms. Would this be a copyright issue since it was designed by the LEGO company? If you would like to see a picture of it just look up LEGO tiger shark in a search engine.
moreResolved Question: is this a load of rubbish or is it safe to agree?
Version 2.1 (June 27, 2007)
END USER LICENSE AGREEMENT
NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AS WELL AS THE OTHER SIMILAR AGREEMENTS FOR THE THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT MAY BE BUNDLED WITH THE LICENSED SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT AS WELL AS THE OTHER SIMILAR THIRD PARTY SOFTWARE AGREEMENTS (INCLUDED HEREWITH). YOU ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU WILL RECEIVE AND CONTINUE TO RECEIVE CONTEXTUAL POPUP AND CONTEXTUAL LINK ADVERTISING VIA HIGHLIGHTED LINKS. YOU MAY ALSO CHOOSE TO INSTALL (OR UNINSTALL) THIRD-PARTY SOFTWARE FROM SELECT ADVERTISERS. THE LICENSED SOFTWARE CAN BE UNINSTALLED UTILIZING THE “ADD/REMOVE PROGRAMS” COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW).
This End-User License Agreement (the “Agreement”) is an important legal agreement between you (the “Licensee”) and Danube International S.A., a Costa Rican corporation (“Licensor”). Licensor is willing to license the Licensed Software (as defined below) to you, provided that you agree to and accept all of the terms and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Special Notice for Non-English Speakers:
The Licensed Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this License Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Licensed Software. In any event, if you choose to install or use the Licensed Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.
Special Notice for Residents of the State of Alaska, USA:
Unfortunately, according to SB 140 (Alaska), persons who reside in the State of Alaska may not install the Licensed Software. Therefore, by installing or using the Licensed Software you represent and warrant that your computer is not located in the State of Alaska. To the extent that our system is reasonably able to recognize that your computer is located in the State of Alaska, we will not enable you to install the Licensed Software.
Notice for All Users:
By downloading the Licensed Software, you get free access to sponsored content across the Internet. The Licensed Software may, among other things, show you ads that pop up on your screen in a separate browser, provide you with a toolbar to make your use of the internet more efficient and enjoyable and allow you to access or otherwise link to programs from our affiliates. The pop-up ads that may appear on your computer are based on keywords and URL targets from the sites you visit. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. The Licensed Software is a service of Licensor.
1. DEFINITIONS. The capitalized terms used but not otherwise defined in this Agreement shall have the following meanings:
1.1 “Agreement” or “License” means this End User License Agreement.
1.2 “Licensee” or “you” means the individual who agrees to license the Licensed Software in accordance with the terms and conditions of this Agreement.
1.3 “Licensed Software” means collectively the Software, Third Party Software and Updates.
1.4 “Third Party Software” means the software of third parties bundled together with the Software and/or made available to or installed by Licensee in connection with the installation, use and/or maintenance of the Software, which software includes or displays, without limitation, cookies and pop-up advertisements of third parties, or links to third-party websites not affiliated with Licensor. You may choose not to install Third Party Software or may uninstall such software using your “Add/Remove Software” function on your computer. Each company providing Third Party Software has its own agreements and privacy policies (or other policies) that may be different from this (Licensor’s) Agreement and Privacy Policy <http://dcads.biz/privacy.html>. By clicking “I Agree” you also agree to be bound by the Third Party Software Agreements that are included herewith. In the event of a conflict between a Third Party Software Agreement and this Agreement, this Agreement shall control with respect to Licensor’s obligations, duties or liability.
1.5 “Software” toolbar, contextual popup and contextual link applications installed by Licensee pursuant the terms of this Agreement, together with the software applications, documentation and local computer files installed or utilized by Licensee in connection therewith (excluding the Third Party Software), and all updates, modifications or patches thereof.
1.6 “Updates” means any bug fixes, upgrades, modified versions or updates to the Licensed Software.
1.7 "Use”, "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software
2. PERMISSION/AUTHORITY TO DOWNLOAD LICENSED SOFTWARE
2.1 Permission to Download Licensed Software. This Agreement contains important legal obligations. Pursuant to applicable laws including, without limitation, the Electronic Signature Law and Uniform Electronic Transactions Act (“UETA”), by clicking “I Agree”, Licensor will treat Licensee’s affirmative action as equivalent to a signed written contract that will legally bind Licensee to the terms of this Agreement. Licensee should carefully review the terms of this Agreement (as well as any Third Party Software Agreements included herewith) before clicking “I agree”.
2.2 Obligation to be Bound by Current Version of EULA. Licensor may revise this EULA or its Privacy Policy <file:///E:\Documents%20and%20Settings\jj\Local%20Settings\Temporary%20Internet%20Files\Content.IE5\WHYJKDQF\privacypolicy.html> at anytime, and may (but shall not be obligated) to notify Licensees of such revisions. By agreeing to the terms of this EULA, Licensee agrees to read and review this EULA and privacy policy in order to stay current on any changes.
3. SOFTWARE LICENSE AND RESTRICTIONS.
3.1 License Grant. Upon acceptance of the terms and conditions of this Agreement, as evidenced by clicking “I agree” and continuing with the installation procedure, Licensor grants Licensee a non-transferable, non-exclusive, revocable, non-sub licensable license to Use the Licensed Software, in binary executable form only, solely in accordance with the terms and conditions set forth in this Agreement. The Licensee agrees not to Use the Licensed Software in any manner that could damage, disable, overburden or impair the Licensed Software, including, without limitation, Using the Licensed Software in an automated manner or in any other manner which could interfere with any other party's use and enjoyment of the Licensed Software.
3.2 Restrictions. As a material condition to the license granted in Section 3.1 above, you will: (a) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of Licensor or Licensor’s affiliates in the Licensed Software, (e) not Use the Licensed Software for purposes for which it is not designed, and (f) only Use the Licensed Software for personal, non-commercial use.
4. OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You represent and warrant either that you are the owner of the computer up which you intend to download the Licensed Software and that you have authorized the download and installation of the Licensed Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Licensed Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Licensed Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Licensed Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Licensed Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 18.
5. IMPORTANT INFORMATION REGARDING FUNCTIONALITY OF LICENSED SOFTWARE.
5.1 Functionality. Certain applications in the Licensed Software recognize keywords from your Internet browser and URL targets from the sites you visit to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Licensed Software) and pop-up on your screen in a separate browser. The Licensed Software gathers and stores personal identifiable information and records concerning your Internet browsing behavior. Please refer to Section 10 (below) for further information about Licensor’s privacy policies.
5.2. Display of Advertising. The Licensed Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors' websites. By installing and/or using the Licensed Software you grant permission for Licensor to periodically display sponsors' websites to you. The frequency of these advertisements (which will pop up on your screen in a separate browser) will vary depending on your use of the Internet. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Software includes a function that may redirect your web browser to our sponsor's websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Content Licensor considers “Adult” is defined as any audio, video, audiovisual, images, sounds or text that contain or reference any of the following: profanity, crude or off-color humor, violence, blood and gore, weapons, use of alcohol, drugs, tobacco or other controlled substances, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references.
6. INTELLECTUAL PROPERTY RIGHTS. The Licensed Software is the intellectual property of, and owned exclusively by, Licensor, its affiliates or suppliers or the companies that own or control the Third Party Software. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor, its suppliers or affiliates or the companies that own or control the Third Party Software. The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by Licensor and its affiliates or suppliers.
7. UNINSTALLATION. You understand and agree that the presence of the Licensed Software on your computer is voluntary and that you may remove the Licensed Software from your computer at any time going to the “Add/Remove Software” function on your computer and clicking “Remove Software”. The program name for the software is Browser Optimizer Dcads. Should you choose to download additional software from Licensor’s affiliates or advertisers, those programs may be named differently and require you to remove them separately. Please note that the above is the only proper way to ensure complete removal of all Licensed Software files - many anti-spyware or other software tools do not completely or properly remove the Licensed Software. Some Internet content and software publishers require that their users have certain of the Licensed Software installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of such Licensed Software may impact your ability to access such content and/or use such software. You may be required to restart your computer in order for the uninstallation to take effect. Should you have any questions regarding the removal of the Licensed Software, please contact <removal@dcads.biz <sendto:removal@dcads.biz>>.
8. UPDATES. Licensor, in its sole discretion, may provide you with Updates to the Licensed Software as part of this Agreement. The Licensed Software may check with Licensor or its affiliates for the existence of any Update released and, in the event that one is available, the Licensed Software may update itself automatically or prompt you to update the Software. Nothing herein shall be construed or interpreted as requiring that Licensor provide Updates. The companies that own or control the Third Party Software may also provide you with Updates to their Licensed Software. Licensor has no control and accepts no liability for Updates that may (or may not) be provided for the Third Party Software.
9. DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
9.1 No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR, ITS AFFILIATES OR SUPPLIERS, AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY. LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
9.2 Limitation of Damages. LICENSOR, ITS AFFILIATES OR SUPPLIERS, OR THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND SUPPLIERS AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.3 Indemnity. Licensee agrees to indemnify, defend, and hold Licensor and all of the directors, officers, shareholders, affiliates, employees, and agents of Licensor (collectively referred to as "Licensor’s Agents") harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, expert witness fees, and reasonable attorneys' fees that Licensor, Licensor’s Agents and the companies that own or control the Third Party Software shall incur or suffer, which arise, result from, or in any way relate to: (a) any breach of, or failure by Licensee to perform any of the representations, warranties, covenants or agreements in this Agreement; (b) Licensee’s violation of any applicable law or regulation, whether or not referenced herein; and (c) Licensee’s violation of any rights of any third party (including, without limitation, the right of the third parties who own the Third Party Software).
10. USE OF INFORMATION; PRIVACY POLICY.
10.1 Use of Information. By entering into this Agreement, Licensee agrees that Licensor may collect and retain information about Licensee, including Licensee’s name and email address. Licensor may employ other companies and individuals to perform these functions on its behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and processing credit card payments. These third parties may be given access to personal information needed to perform their functions, but may not use it for other purposes. In addition, Licensor will collect and use anonymous information relating to your use of the Licensed Software application for statistical and related purposes. Licensor may disclose the information to third parties for these purposes but will not use or disclose information about your use of the Licensed Software for any other purpose (unless required to do so by law). Licensor may keep track of your Internet history in order to customize the advertisements provided to you as part of the Licensed Software.
10.2 Privacy Policy. Without limiting the generality of Section 10.1, by installing the Licensed Software, you grant permission for Licensor to collect and use certain information. You acknowledge that you have reviewed the applicable Licensor Privacy Policy, which describes Licensor’s general practices with respect to the collection, use and disclosure of information in connection with your Use of the Licensed Software, which is incorporated herein by reference. Licensor reserves the right to change the provisions of its Privacy Policy from time to time. Your Use of the Licensed Software following the posting of such changes to Licensor’s Privacy Policy will constitute your acceptance of any such changes. Licensor does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in Licensor's privacy policy.
11. COMPATIBILITY. Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 7, above. Like all software, the Licensed Software utilizes some of your computer's resources to run, including system memory and Internet connection. Use of the Licensed Software on a computer with inadequate system resources will cause such computer's performance to suffer.
12. USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
13. EXPORT. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
14. MISCELLANEOUS.
14.1 Entire Agreement. This Agreement and any Third Party Software Agreement set forth the entire understanding of the parties with respect to the subject matter hereof. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement. No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement or a company that owns or controls Third Party Software may modify their Third Party Software Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version (or the Third Party Software Agreement may be amended according to that company’s particular policies). Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default. In the event of a conflict between this Agreement and any Third Party Agreement with respect to the use of the Licensed Software and the obligations, duties or liability of Licensor, this Agreement shall control notwithstanding such conflicting language.
14.2 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
14.3 Governing Law and Venue. This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Costa Rica, without giving effect to the principles of conflict of laws. Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Cost Rica for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum).
14.4 Injunctive Relief. Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy. Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief
Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at dcads.biz <sendto:info@dcads.biz>.
SuperiorAds.Biz - (If applicable)*
Version 2.1 (June 27, 2007)
END USER LICENSE AGREEMENT
NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AS WELL AS THE OTHER SIMILAR AGREEMENTS FOR THE THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT MAY BE BUNDLED WITH THE LICENSED SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT AS WELL AS THE OTHER SIMILAR THIRD PARTY SOFTWARE AGREEMENTS (INCLUDED HEREWITH). YOU ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU WILL RECEIVE AND CONTINUE TO RECEIVE CONTEXTUAL POPUP AND CONTEXTUAL LINK ADVERTISING VIA HIGHLIGHTED LINKS. YOU MAY ALSO CHOOSE TO INSTALL (OR UNINSTALL) THIRD-PARTY SOFTWARE FROM SELECT ADVERTISERS. THE LICENSED SOFTWARE CAN BE UNINSTALLED UTILIZING THE “ADD/REMOVE PROGRAMS” COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW).
This End-User License Agreement (the “Agreement”) is an important legal agreement between you (the “Licensee”) and Danube International inc., a Costa Rican corporation (“Licensor”). Licensor is willing to license the Licensed Software (as defined below) to you, provided that you agree to and accept all of the terms and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Special Notice for Non-English Speakers:
The Licensed Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this License Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Licensed Software. In any event, if you choose to install or use the Licensed Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.
Special Notice for Residents of the State of Alaska, USA:
Unfortunately, according to SB 140 (Alaska), persons who reside in the State of Alaska may not install the Licensed Software. Therefore, by installing or using the Licensed Software you represent and warrant that your computer is not located in the State of Alaska. To the extent that our system is reasonably able to recognize that your computer is located in the State of Alaska, we will not enable you to install the Licensed Software.
Notice for All Users:
By downloading the Licensed Software, you get free access to sponsored content across the Internet. The Licensed Software may, among other things, show you ads that pop up on your screen in a separate browser, provide you with a toolbar to make your use of the internet more efficient and enjoyable and allow you to access or otherwise link to programs from our affiliates. The pop-up ads that may appear on your computer are based on keywords and URL targets from the sites you visit. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. The Licensed Software is a service of Licensor.
1. DEFINITIONS. The capitalized terms used but not otherwise defined in this Agreement shall have the following meanings:
1.1 “Agreement” or “License” means this End User License Agreement.
1.2 “Licensee” or “you” means the individual who agrees to license the Licensed Software in accordance with the terms and conditions of this Agreement.
1.3 “Licensed Software” means collectively the Software, Third Party Software and Updates.
1.4 “Third Party Software” means the software of third parties bundled together with the Software and/or made available to or installed by Licensee in connection with the installation, use and/or maintenance of the Software, which software includes or displays, without limitation, cookies and pop-up advertisements of third parties, or links to third-party websites not affiliated with Licensor. You may choose not to install Third Party Software or may uninstall such software using your “Add/Remove Software” function on your computer. Each company providing Third Party Software has its own agreements and privacy policies (or other policies) that may be different from this (Licensor’s) Agreement and Privacy Policy . By clicking “I Agree” you also agree to be bound by the Third Party Software Agreements that are included herewith. In the event of a conflict between a Third Party Software Agreement and this Agreement, this Agreement shall control with respect to Licensor’s obligations, duties or liability.
1.5 “Software” toolbar, contextual popup and contextual link applications installed by Licensee pursuant the terms of this Agreement, together with the software applications, documentation and local computer files installed or utilized by Licensee in connection therewith (excluding the Third Party Software), and all updates, modifications or patches thereof.
1.6 “Updates” means any bug fixes, upgrades, modified versions or updates to the Licensed Software.
1.7 "Use”, "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software
2. PERMISSION/AUTHORITY TO DOWNLOAD LICENSED SOFTWARE
2.1 Permission to Download Licensed Software. This Agreement contains important legal obligations. Pursuant to applicable laws including, without limitation, the Electronic Signature Law and Uniform Electronic Transactions Act (“UETA”), by clicking “I Agree”, Licensor will treat Licensee’s affirmative action as equivalent to a signed written contract that will legally bind Licensee to the terms of this Agreement. Licensee should carefully review the terms of this Agreement (as well as any Third Party Software Agreements included herewith) before clicking “I agree”.
2.2 Obligation to be Bound by Current Version of EULA. Licensor may revise this EULA or its Privacy Policy at anytime, and may (but shall not be obligated) to notify Licensees of such revisions. By agreeing to the terms of this EULA, Licensee agrees to read and review this EULA and privacy policy in order to stay current on any changes.
3. SOFTWARE LICENSE AND RESTRICTIONS.
3.1 License Grant. Upon acceptance of the terms and conditions of this Agreement, as evidenced by clicking “I agree” and continuing with the installation procedure, Licensor grants Licensee a non-transferable, non-exclusive, revocable, non-sub licensable license to Use the Licensed Software, in binary executable form only, solely in accordance with the terms and conditions set forth in this Agreement. The Licensee agrees not to Use the Licensed Software in any manner that could damage, disable, overburden or impair the Licensed Software, including, without limitation, Using the Licensed Software in an automated manner or in any other manner which could interfere with any other party's use and enjoyment of the Licensed Software.
3.2 Restrictions. As a material condition to the license granted in Section 3.1 above, you will: (a) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (d) not remove, alter or obscure any proprietary notices (including copy notices) of Licensor or Licensor’s affiliates in the Licensed Software, (e) not Use the Licensed Software for purposes for which it is not designed, and (f) only Use the Licensed Software for personal, non-commercial use.
4. OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You represent and warrant either that you are the owner of the computer up which you intend to download the Licensed Software and that you have authorized the download and installation of the Licensed Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Licensed Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Licensed Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Licensed Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Licensed Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 18.
5. IMPORTANT INFORMATION REGARDING FUNCTIONALITY OF LICENSED SOFTWARE.
5.1 Functionality. Certain applications in the Licensed Software recognize keywords from your Internet browser and URL targets from the sites you visit to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Licensed Software) and pop-up on your screen in a separate browser. The Licensed Software gathers and stores personal identifiable information and records concerning your Internet browsing behavior. Please refer to Section 10 (below) for further information about Licensor’s privacy policies.
5.2. Display of Advertising. The Licensed Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors' websites. By installing and/or using the Licensed Software you grant permission for Licensor to periodically display sponsors' websites to you. The frequency of these advertisements (which will pop up on your screen in a separate browser) will vary depending on your use of the Internet. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Software includes a function that may redirect your web browser to our sponsor's websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Content Licensor considers “Adult” is defined as any audio, video, audiovisual, images, sounds or text that contain or reference any of the following: profanity, crude or off-color humor, violence, blood and gore, weapons, use of alcohol, drugs, tobacco or other controlled substances, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references.
6. INTELLECTUAL PROPERTY RIGHTS. The Licensed Software is the intellectual property of, and owned exclusively by, Licensor, its affiliates or suppliers or the companies that own or control the Third Party Software. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor, its suppliers or affiliates or the companies that own or control the Third Party Software. The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by Licensor and its affiliates or suppliers.
7. UNINSTALLATION. You understand and agree that the presence of the Licensed Software on your computer is voluntary and that you may remove the Licensed Software from your computer at any time going to the “Add/Remove Software” function on your computer and clicking “Remove Software”. The program name for the software is Browser Optimizer SuperiorAds. Should you choose to download additional software from Licensor’s affiliates or advertisers, those programs may be named differently and require you to remove them separately. Please note that the above is the only proper way to ensure complete removal of all Licensed Software files - many anti-spyware or other software tools do not completely or properly remove the Licensed Software. Some Internet content and software publishers require that their users have certain of the Licensed Software installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of such Licensed Software may impact your ability to access such content and/or use such software. You may be required to restart your computer in order for the uninstallation to take effect. Should you have any questions regarding the removal of the Licensed Software, please contact removal@dcads.biz or removal@rightonads.biz.
8. UPDATES. Licensor, in its sole discretion, may provide you with Updates to the Licensed Software as part of this Agreement. The Licensed Software may check with Licensor or its affiliates for the existence of any Update released and, in the event that one is available, the Licensed Software may update itself automatically or prompt you to update the Software. Nothing herein shall be construed or interpreted as requiring that Licensor provide Updates. The companies that own or control the Third Party Software may also provide you with Updates to their Licensed Software. Licensor has no control and accepts no liability for Updates that may (or may not) be provided for the Third Party Software.
9. DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
9.1 No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR, ITS AFFILIATES OR SUPPLIERS, AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY. LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
9.2 Limitation of Damages. LICENSOR, ITS AFFILIATES OR SUPPLIERS, OR THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND SUPPLIERS AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.3 Indemnity. Licensee agrees to indemnify, defend, and hold Licensor and all of the directors, officers, shareholders, affiliates, employees, and agents of Licensor (collectively referred to as "Licensor’s Agents") harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, expert witness fees, and reasonable attorneys' fees that Licensor, Licensor’s Agents and the companies that own or control the Third Party Software shall incur or suffer, which arise, result from, or in any way relate to: (a) any breach of, or failure by Licensee to perform any of the representations, warranties, covenants or agreements in this Agreement; (b) Licensee’s violation of any applicable law or regulation, whether or not referenced herein; and (c) Licensee’s violation of any rights of any third party (including, without limitation, the right of the third parties who own the Third Party Software).
10. USE OF INFORMATION; PRIVACY POLICY.
10.1 Use of Information. By entering into this Agreement, Licensee agrees that Licensor may collect and retain information about Licensee, including Licensee’s name and email address. Licensor may employ other companies and individuals to perform these functions on its behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and processing credit card payments. These third parties may be given access to personal information needed to perform their functions, but may not use it for other purposes. In addition, Licensor will collect and use anonymous information relating to your use of the Licensed Software application for statistical and related purposes. Licensor may disclose the information to third parties for these purposes but will not use or disclose information about your use of the Licensed Software for any other purpose (unless required to do so by law). Licensor may keep track of your Internet history in order to customize the advertisements provided to you as part of the Licensed Software.
10.2 Privacy Policy. Without limiting the generality of Section 10.1, by installing the Licensed Software, you grant permission for Licensor to collect and use certain information. You acknowledge that you have reviewed the applicable Licensor Privacy Policy, which describes Licensor’s general practices with respect to the collection, use and disclosure of information in connection with your Use of the Licensed Software, which is incorporated herein by reference. Licensor reserves the right to change the provisions of its Privacy Policy from time to time. Your Use of the Licensed Software following the posting of such changes to Licensor’s Privacy Policy will constitute your acceptance of any such changes. Licensor does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in Licensor's privacy policy.
11. COMPATIBILITY. Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 7, above. Like all software, the Licensed Software utilizes some of your computer's resources to run, including system memory and Internet connection. Use of the Licensed Software on a computer with inadequate system resources will cause such computer's performance to suffer.
12. USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
13. EXPORT. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
14. MISCELLANEOUS.
14.1 Entire Agreement. This Agreement and any Third Party Software Agreement set forth the entire understanding of the parties with respect to the subject matter hereof. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement. No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement or a company that owns or controls Third Party Software may modify their Third Party Software Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version (or the Third Party Software Agreement may be amended according to that company’s particular policies). Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default. In the event of a conflict between this Agreement and any Third Party Agreement with respect to the use of the Licensed Software and the obligations, duties or liability of Licensor, this Agreement shall control notwithstanding such conflicting language.
14.2 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
14.3 Governing Law and Venue. This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Costa Rica, without giving effect to the principles of conflict of laws. Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Cost Rica for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum).
14.4 Injunctive Relief. Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy. Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief.
Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at info@dcads.biz or info@superiorads.biz.
webHancer Customer Companion - (If applicable)*
Terms and Conditions of Installing the webHancer Customer Companion (the "Software").
IMPORTANT NOTICE:
THIS SOFTWARE RELAYS YOUR WEB SURFING PERFORMANCE METRICS TO
WEBHANCER CORP. TO GENERATE PERFORMANCE REPORTS FOR THIRD PARTIES. AS
SUCH, YOUR INTERNET CONNECTION WILL BE USED PERIODICALLY TO SEND AND
RECEIVE DATA.
WE RESPECT OUR CUSTOMERS PRIVACY. THE WEBHANCER PRIVACY POLICY (available
at: http://www.webhancer.com/privacy) FORMS PART OF THIS AGREEMENT. BY AGREEING
TO THE TERMS OF THIS AGREEMENT, YOU ALSO CONSENT TO THE TERMS OF THE
WEBHANCER PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, THE COLLECTION, USE
AND DISCLOSURE OF INFORMATION AS SET OUT THEREIN. IF YOU DO NOT AGREE TO
THE TERMS OF THE WEBHANCER PRIVACY POLICY, DO NOT INSTALL THIS SOFTWARE.
THIS SOFTWARE SUPPORTS WINDOWS 98/2000/ME/XP and WINDOWS NT 4.0 Service Pack 4
and higher (EXCLUDING WINDOWS TERMINAL SERVER AND WINDOWS 2000 WITH
TERMINAL SERVICES ENABLED).
THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS
A LEGAL CONTRACT BETWEEN YOU AND WEBHANCER CORP. ("WEBHANCER") FOR THE
CUSTOMER COMPANION SOFTWARE (THE 'SOFTWARE'). THIS SOFTWARE WILL MAKE
USE OF YOUR INTERNET CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR ANY AND
ALL NETWORK USAGE COSTS OR ANY OTHER COSTS ASSOCIATED WITH YOUR USE OF
THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO NOT USE THE
SOFTWARE.
WEBHANCER grants to you a non-exclusive, non-transferable and restricted license to use the Software on a single computer for your internal use, subject to the terms and conditions of this Agreement. You may make and distribute unlimited copies of the Software, excluding copies for commercial distribution, as long as each copy that you distribute is distributed subject to this agreement.
moreResolved Question: what is your opinion?????
downloading music and movies from illegal sites on the internet is acceptable or infringement of copyright law? other countries are less strict concerning this issue. what do you believe?
moreResolved Question: What legal issues, if any, are there with linking to Yahoo's site?
For example, say I wanted to build a website where I have links along with the topic title for a site like Yahoo! Answers. I wouldn't be hosting any of the actual content, I'd just have links along with the matching titles.
Is this potentially a copyright infringement?
moreResolved Question: For social issue project on copyright infringement and need to interview authority people-who'd i interviewe?
I'm doing a social issue project in my english class. I'm a sophomore in highschool. I don't know who I should interview for the topic of copyright infringement. I am against the whole issue and think that it should be banned. Any suggestions?
moreVoting Question: What to know before signing a video release for TV?
If a tv station wants to use a video of mine, what should I know before signing the release? I know read it thoroughly. I'm not making any money off of this, they give me credit for the video, ..but as far as copyright issues go.. would I or the TV station be held reliable for any copyright infringement cases??
moreResolved Question: Is it just me, or do the official Avril Lavigne "Girlfriend" music videos keep getting deleted from YouTube?
Is it just me, or do many of the official music videos for the latest Avril Lavigne hit "Girlfriend" keep getting deleted from YouTube forever? I think it's an issue over copyright infringement.
I'm asking the above question because every time I add a "Girlfriend" music video- whether it shows the entire thing or part of it- to my playlist, it keeps getting deleted. That happened to me four times before, including my most recent addition of a mash-up video with another musician. Is it some sort of a bad luck happening here, or am I crazy?
moreResolved Question: PARTNER, NEW RELEASE FROM BOLLYWOOD IS ANOTHER COPYCAT FROM HOLLYWOOD....Why?
Hollywood blockbuster HITCH starring Will Smith in the lead role, enacted by Salman Khan in Partner has copied the entire script from HITCH and given it some make over.
Way to go.........its time for Bollywood to deliver originals or face copyright infringement legal issues from Hollywood.
moreResolved Question: Copyright infringement with drawings of movies?
Okay, this is a bit of an odd one. I've started doing some funky little cartoons of movies for mates n stuff, and thought I might try and pop a couple on eBay.
Now the cartoons are of one single scene, you can see one at:
http://www.vintage76.co.uk/moviefobs/fob-goonies.jpg
As you can see, they're pretty low-fi, but I was just wondering where I stand with copyright issues on this... Not for my drawing, but am I infringing (sp?) any copyright laws?
Sorry to be so confusing.
Mucho thanks in advance.
Luke.
moreResolved Question: Copyright issues with a Yahoo hosted site?
A person with a domain purchased through Yahoo and using the Yahoo sitebuilder is using pictures of -my- dog on her page, claiming them as her copyrighted images.
I have never given written permission for -anyone- to use said images and filed a DMCA with Yahoo last week but have not heard -anything- from Yahoo nor have the images been taken down.
I provided everything that a Yahoo tech asked me to, including links to the original images with the EXIF data included, links to the stolen images and the URL both to her site and mine, where the original images exist and still, nothing has been done.
Doesn't Yahoo enforce copyright infringements like their TOS claims they do?
This is getting really frustrating.
Are they just not doing anything or does it take a long time for them to get around doing anything about it?
No one has returned any calls regarding the messages I left on their copyright voicemail, either.
TIA.
Shari
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