Privacy Policy
This site hosts links to content provided by Zango Inc.

Zango, Inc.
End User License Agreement ("EULA")

(Last Revised October 4, 2007)

NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("AGREEMENT") APPLIES
WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT WHICH IS
OWNED AND PROVIDED BY ZANGO, INC. AND ITS SUBSIDIARIES (REFERRED TO
IN THIS AGREEMENT AS "WE" OR "ZANGO") FROM ANY ZANGO WEBSITE. THIS
AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR
USE OF ANY ZANGO SOFTWARE (DEFINED IN SECTION 1 BELOW), BUT SHALL NOT
GOVERN YOUR USE OF ANY OTHER SOFTWARE (DEFINED IN SECTION 1 BELOW).
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT," "FINISH,"
"CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY
PORTION OF THE ZANGO SOFTWARE, YOU ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS
ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF
YOU DO NOT AGREE, DO NOT INSTALL OR USE THE ZANGO SOFTWARE.

Special Notice for Non-English Speakers:

The Zango 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 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 Zango Software.
In any event, if you choose to install or Use the Zango Software, you
will be bound by Agreement and the Privacy Policy incorporated herein.

Special Notice for Residents of the State of Alaska, USA:

The Zango Software may be prohibited by Alaska law. Therefore, by
installing or Using the Zango Software, you represent and warrant
that your computer is not located in the state of Alaska. To the
extent that our systems are able to recognize that your computer is
located in the state of Alaska, we will not enable you to install the
Zango Software.

Notice for All Users:

By installing the Zango Software, you get free access to sponsored
content available on the Internet and other software applications.
The Zango Software will show you a limited number of ads that pop up
on your screen in a separate browser. The ads are based on keywords
from the websites you visit. Please note that you may receive Adult-
oriented ads if you utilize keywords connected to, search for or view
Adult websites. Once installed and running, you can access the Zango
Software from your system tray, and you can uninstall anytime by
using the Add or Remove Programs feature of Microsoft Windows. Please
see Section 2 below for important terms and conditions regarding
other software applications distributed by Zango.

1. Definitions. "Zango Software" means (a) the Search Assistant (as
described in Section 7), the Zango Outlook Toolbar Software (as
described in Section 8), the Spam Blocker Utility Software or any
other software or digital content owned and provided by Zango, that
accompanies this Agreement; and (b) any bug fixes, upgrades, modified
versions or updates to the Zango Software (collectively referred to
as "Updates") that we subsequently provide to you. "Use," "Used" or
"Using" means to access, install, download, copy or benefit from
using the functionality of the Zango Software.

2. Owner of Computer; All Users Bound; Age Limitation; Software
License. You represent and warrant either that you are the owner of
the computer and that you have authorized the download and
installation of the Zango 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 Zango 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
Zango 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 Zango Software to reside,
then you hereby accept this Agreement on behalf of all such other
users. You understand that the presence of the Zango 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 Zango Software. By
accepting the terms of this Agreement and Using the Zango Software
you represent that you are over the age of 18. As long as you comply
with, and subject to, the terms of this Agreement, Zango grants to
you a non-exclusive, revocable license to Use the Zango Software, in
binary executable form only, solely for the purposes described in
this Agreement.

3. Other Software. In addition to the Zango Software, you will also
be given the opportunity to access, download and/or use the
technologies, services and/or content owned by third parties
(collectively, ÒOther SoftwareÓ). If you choose to access or use such
Other Software, you acknowledge and agree that your rights to such
Other Software are governed solely by the license terms and
conditions accompanying Other Software. For example, you may be
required to click and accept additional end user license terms
(ÒOther EULAÓ) prior to the download, installation, copying or use of
such Other Software. The Other EULA governs your use of Other
Software, and not the terms of this Agreement. However, such Other
EULA shall not affect any terms in this Agreement or your use of the
Zango Software. You further agree that Zango is not responsible for
any loss or damage of any sort incurred as a result of your download,
installation, or use of Other Software, and you hereby waive and hold
Zango harmless from any losses arising under any claim you may have
against Zango with respect to Other Software.

4. Restrictions. You will: (a) not reverse engineer, disassemble or
decompile the Zango Software or attempt to discover or recreate the
source code to the Zango 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 Zango Software, (c) not make
any modification, adaptation, improvement, enhancement, translation
or derivative work of or to the Zango Software, (d) not remove, alter
or obscure any proprietary notices (including copyright notices) of
Zango or its licensors in the Zango Software, (e) not Use the Zango
Software for purposes for which it is not designed, and (f) only Use
the Zango Software for personal, non-commercial use.

5. Intellectual Property Rights. The Zango Software is the
intellectual property of, and owned by Zango and its licensors and
suppliers. The structure, organization and code of the Zango Software
are the valuable trade secrets and confidential information of Zango
and its licensors and suppliers. The Zango 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 Zango Software by implication, estoppel or any other legal
theory, and all rights not expressly granted in this Agreement are
reserved by Zango and its assigns, licensors and suppliers.

6. Third Party Code; Notice and Attribution. The Zango Software
includes third party software subject to open source license terms,
including, without limitation, the following applications: Encryption
Engine, Compression Algorithm, PCRE, and Firefox Plug-in Modules. All
rights are reserved by the licensors of such code and ownership is
attributed as follows:

Encryption Engine: Copyright © 2002, Dr Brian Gladman
brg@gladman.me.uk, Worcester, UK.
Compression Algorithm: Copyright © 1995-2002 Jean-loup Gailly and
Mark Adler.
PCRE: THE BASIC LIBRARY FUNCTIONS Written by: Philip Hazel Email
local part: ph10, Email domain: cam.ac.uk University of Cambridge
Computing Service, Cambridge, England. Copyright (c) 1997-2007
University of Cambridge All rights reserved. THE C++ WRAPPER
FUNCTIONS Contributed by: Google Inc. Copyright (c) 2007, Google Inc.
Firefox Plug-ins: (c) 1998 Netscape Communications Corporation.
All Rights Reserved.
Reference to copyright ownership is for attribution purposes only and
in no event shall be deemed an endorsement by such owners of the
Zango Software.

You acknowledge and agree that your right to use these publicly
available components of the Zango Software is governed by the terms
applicable to each application. In the event of any conflict with the
express terms of this Agreement, the terms of such publicly available
license shall control your use of the relevant application. In no
event shall the Zango Software be deemed Òopen sourceÓ or Òpublicly
availableÓ software.

7. Important Information Regarding Zango Search Assistant Zango
Software. If the Zango Software consists of Zango Search Assistant
(the ÒSearch Assistant Zango SoftwareÓ), then the following terms and
conditions apply to you:

7.1. Functionality. The Search Assistant Zango Software recognizes
keywords from your Internet browser 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 Search Assistant Zango
Software) and pop-up on your screen in a separate browser. The Search
Assistant Zango Software neither stores any personally identifiable
information nor records your browsing behavior. Please refer to
Section 12 (below) for further information about our privacy policies.

7.2. Display of Advertising. The Search Assistant Zango Software
starts automatically when you start your computer, runs in the
background on your computer, displays an icon in your system tray
while running, and may periodically direct you to our sponsors'
websites. By installing and/or using the Search Assistant Zango
Software you grant permission for Zango to periodically display
sponsors' websites to you. The frequency of these advertisements
(which will pop up on your screen in a separate browser) will be
limited, but will vary depending on your use of the Internet. To see
a representative example of an advertisement that may be displayed,
go to http://www.zango.com/destination/corporate/examples.htm, which
is incorporated herein by reference. Please note that you may receive
Adult-oriented ads if you utilize keywords connected to, search for
or view Adult 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 Search Assistant Zango
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 that is ÒAdultÓ is defined as any audio, video, audiovisual,
images, sounds or text that contain or reference any of the
following: profanity, violence, blood and gore, weapons, use of
alcohol, drugs, tobacco, online gambling, pornography, erotica,
erotic images, nudity, sex, sexually explicit images, and sexual
references. If you are using Microsoft Internet Explorer 6.0 or
higher, you can utilize its Content Advisor feature to help restrict
certain types of sites and advertisements, including Adult ones, from
opening in your browser. Specifically, please follow the following
steps: 1. In Internet Explorer, select Tools/Internet Options; 2.
Select the Content tab; 3. Select either Enable to turn on this
feature and adjust the settings or Settings (if the feature is
already enabled) to adjust your settings; 4. Customize your settings
under each of the available tabs. Please note that the Content
Advisor feature of Internet Explorer does not specifically restrict
content based on crude or off-color humor, or controlled substances.
If you experience difficulty with the Content Advisor feature, please
contact Microsoft customer support for assistance.

7.3. Identification of Advertisements. The advertisements that the
Search Assistant Zango Software presents are provided in a separate
browser window and are not endorsed by or affiliated with the
websites that trigger their appearance. Advertisements that the
Search Assistant Zango Software presents are branded with a Zango
brand name in the browser window so you will know that they are
brought to you by Zango and the Search Assistant Zango Software and
not by the Web pages you may be viewing when the advertisements are
displayed.

8. Important Information Regarding Zango Outlook Toolbar Software. If
the Zango Software consists of the toolbar for Microsoft Outlook/
Outlook Express software (the ÒZango Outlook Toolbar SoftwareÓ), then
the following terms and conditions apply to you:

8.1. Display of Advertising. By installing and/or using the Zango
Outlook Toolbar Software, you grant permission for Zango to display a
hyperlink in your email which will allow your email recipient(s) to
link to Zango and sign up for services provided by Zango, if your
email recipient so chooses .

9. Uninstallation. You understand and agree that the presence of the
Zango Software on your computer is voluntary and that you may remove
the Zango Software from your computer at any time. The Zango Software
may be uninstalled by going to the "Add/Remove Programs" menu on your
computer and clicking the "Remove" button next to the entry for the
Zango Software. Specifically, to uninstall the Zango Software, please
follow these steps: 1. Go to Start menu; 2. Select Control Panel; 3.
Select Add or Remove Programs; 4. Select the Zango Software; 5. Click
Change/Remove. Please note that the above is the only proper way to
ensure complete removal of all Zango Software files Ð many anti-
spyware or other software tools do not completely or properly remove
the Zango Software. Some Internet content and software publishers,
including Zango, require that their users have certain of the Zango
Software (including the Search Assistant Zango Software) installed on
their computer in order to access their content or use their software
applications ("Content Providers"). Uninstallation of such Zango
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.

10. Updates. Zango, in its sole discretion, may provide you with
Updates to the Zango Software as part of this Agreement. The Zango
Software will automatically check with Zango for the existence of any
Update that Zango has released, and in the event that one is
available, the Zango Software will update itself automatically.
Nothing herein shall be construed or interpreted as requiring that
Zango provide Updates. Zango will not install any new software or
Update that in our reasonable judgment has functionality that is
materially different from the functionality of the previously
installed Zango Software without your prior consent.

11. Disclaimer of Warranties and Remedies; Indemnity.

11.1. No Warranty; Disclaimer. YOUR USE OF THE ZANGO SOFTWARE IS AT
YOUR SOLE RISK. THE ZANGO SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ZANGO, AND ITS LICENSORS AND SUPPLIERS, 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. ZANGO, AND ITS LICENSORS AND SUPPLIERS, MAKE NO
WARRANTY THAT (i) THE ZANGO SOFTWARE WILL MEET YOUR REQUIREMENTS,
(ii) THE ZANGO SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE ZANGO SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE ZANGO SOFTWARE WILL MEET YOUR
EXPECTATIONS, OR (v) ANY ERRORS IN THE ZANGO SOFTWARE WILL BE
CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA
ZANGO SOFTWARE OR THE USE OF THE ZANGO SOFTWARE ARE OBTAINED AND USED
AT YOUR OWN DISCRETION AND RISK AND ZANGO EXPRESSLY DISCLAIMS ALL
WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE ZANGO SOFTWARE, INCLUDING
OTHER 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
ZANGO OR THROUGH OR FROM THE ZANGO SOFTWARE SHALL CREATE ANY WARRANTY.

11.2. Limitation of Damages. NEITHER ZANGO NOR ANY OF ITS LICENSORS
OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE ZANGO AND ALL OF ITS
LICENSORS AND SUPPLIERS 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 ZANGO SOFTWARE OR
THE OTHER 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 ZANGO OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ZANGO'S OR ANY
OF ITS LICENSORSÕ OR SUPPLIERSÕ ENTIRE LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT EXCEED $500.00. THE LIMITATIONS IN
THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT. 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.

Any representations made with respect to, and support or assistance
offered by Zango in connection with, the Zango Software are offered
by Zango only and not by any third party providing open source to Zango.

12. Use of Information. By installing the Zango Software, you grant
permission for Zango to collect and use certain information. You
acknowledge that you have reviewed the Zango Privacy Policy, which
describes Zango's practices with respect to the collection, use and
disclosure of information in connection with your Use of the Zango
Software. A copy of the Privacy Policy is available at http://
www.zango.com/destination/corporate/privacypolicy.aspx. Zango
reserves the right to change the provisions of its Privacy Policy
from time to time. Zango will post any changes to the Privacy Policy
at the web address in the preceding sentence. Your Use of the Zango
Software following the posting of such changes to the Privacy Policy
will constitute your acceptance of any such changes.

12.1. Infringement Reporting Procedure. Zango shall not be
responsible for Other Software and/or content hosted by non-Zango
content providers. However, if you are aware of any infringing or
illegal content hosted by a site that utilizes the Zango Software as
an access control mechanism, please refer to Section 8 of ZangoÕs
Terms of Use located at http://www.zango.com/Destination/Corporate/
TermsOfUse.aspx, and follow the instructions to report such
infringing activities.

13. Compatibility. Zango does not warrant that the Zango 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 Zango Software is not
compatible with your hardware or other software installed on your
computer system, the Zango Software can be uninstalled by going to
the "Add/Remove Programs" menu on your computer and clicking the
"Remove" button next to the entries for Zango. Please refer to
Section 9 (above) for detailed uninstall directions. Like all
software, the Zango Software utilizes some of your computer's
resources to run, including system memory and Internet connection.
Use of the Zango Software on a computer with inadequate system
resources will cause such computer's performance to suffer.

14. User Representations and Warranties. You acknowledge, represent
and warrant that (a) you own the computer on which you are installing
the Zango Software, or have the authority to install the Zango
Software on such computer; (b) your installation and/or Use of the
Zango Software will not violate any local, state or federal laws that
apply to you, or the Use or installation of the Zango Software; and
(c) Zango is not causing the Zango Software to be installed on your
computer, but has provided the Zango Software to you, which you are
installing of your own volition.

15. Indemnification. You agree to defend, indemnify, and hold
harmless Zango, its licensors and suppliers, and each of their
respective officers, directors and employees, from and against any
lawsuits, claims, losses, damages, fines and expenses (including
attorneys' fees and costs) arising out of your use of the Zango
Software or your breach of this Agreement

16. Export. You agree that the Zango 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 Zango 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.

17. Governing Law; Dispute Resolution. This Agreement will be
governed by and construed in accordance with the laws of the State of
Washington, U.S.A., without regard to its choice of law principles to
the contrary. Any controversy, dispute or claim arising out of or
relating to this Agreement or breach thereof shall be resolved by
binding arbitration administered by Judicial Arbitration and
Mediation Services, Inc. pursuant to its Comprehensive Arbitration
Rules and Procedure (the "Rules"), except as otherwise provided
herein. Arbitration shall be the exclusive method of resolving any
controversy, dispute or claim arising out of or relating to this
Agreement. Any arbitration conducted hereunder shall take place in
Seattle, Washington. Judgment on any arbitration award may be entered
in any court having jurisdiction. The arbitrator's fee and other
expenses of the arbitration process shall be shared equally. The
parties shall bear their own respective costs and attorneys' fees.
Washington law, to the extent permitted, shall govern all substantive
aspects of the dispute and all procedural issues not covered by the
Rules. Nothing in this section shall prohibit Zango from seeking
injunctive relief before an appropriate court to the extent necessary
to protect its rights pending resolution of the dispute in accordance
with the foregoing provisions.

18. United States Government End Users. If you are an end user acting
on behalf of the United States Government (ÒU.S. GovernmentÓ), the
Zango Software is provided to you with restricted rights. Use,
duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
Zango, Inc., 3600 136th Place SE, Bellevue, WA 98006 USA.

19. Miscellaneous. This is the entire agreement between Zango and you
relating to the Zango Software, and it supersedes any prior
representations, discussions, undertakings, communications or
advertising relating to the Zango Software. If any part of this
Agreement is held by a court to be illegal, invalid or unenforceable,
it will not affect the validity of the balance of the Agreement,
which will remain valid and enforceable according to its terms. This
Agreement may only be modified by a writing signed by an authorized
officer of Zango. If you violate any term of this Agreement, Zango
may terminate this Agreement without waiving any other rights. This
Agreement is assignable by Zango. You may not assign your rights and
obligations under this Agreement.

20. Contact Us. If you have any questions about the Zango Software,
you should first consult our website http://www.zango.com. This site
includes links to company information, answers to frequently asked
questions, and all of Zango's current policies. If you have further
questions or concerns, please contact us at http://www.zango.com/
destination/corporate/contactus.aspx or write to Zango Support, 3600
136th Place SE, Bellevue, WA 98006.