IMPORTANT - READ CAREFULLY!
This document is a legally binding agreement between you and Clickspring, LLC, and its affiliated companies ("the Company"). The enclosed software program includes the Outerinfo Network client (hereafter referred to as Outerinfo), the Company's advertising software, (collectively referred to as "the Company's Software") which is licensed to you only on the condition that you accept all of the terms contained in this End User License Agreement ("EULA"). By installing the Company's Software, you've affirmatively accepted the terms and conditions set forth in the EULA and its associated privacy policy. If you do not agree to the terms of this EULA, do not download or install or use the Company's Software. When you install the Company's Software, you acknowledge that you have read the EULA, understood its terms, and agreed to abide by its terms and conditions. We recommend that you print out a copy of these terms for future reference. Installation and use of the Company's Software is voluntary, and you may terminate this EULA at any time by uninstalling the Company's Software (including the Company's advertising-supported software) using the Microsoft Windows Add/Remove Programs function on your computer.

Functionality.
The Company offers some of the most popular software applications available on the Internet, such as screen savers, games, ring tones, and instant messenger applications, in exchange for your agreement also to install Outerinfo, the Company's advertising software. As a result of installing the Company's Software, you will see occasional pop-up or pop-under ads based on your online activities. Additionally, upon acceptance of this Agreement the Company may install desktop icons on the user's desktop. Third party products or services may be offered via advertisements or links triggered by the use of these desktop icons.

These ads, which are targeted to your interests based on your Internet viewing history, are displayed by the Company's advertising software and not by any particular web site you may visit. You should be aware that these ads are not usually associated with or sponsored by the web site that you are viewing at the time you receive them. In fact, these ads may be from a competitor of a site you are viewing. You also should be aware that your installation of the Company's Software may not be the only source of online advertisements you receive, and you may continue to receive such ads from other sources even after you uninstall the Company's Software.

Authority.
In order to accept this EULA and install the Company's Software, you must either own the computer on which the Company's Software will be installed, or you must be authorized by the owner of the computer to install it. If the computer has other users, you must obtain their consent to these terms. You also must be over the age of 13 to install the Company's Software, as the Company's Software is not available to individuals under the age of 13. By downloading the Company's Software, you are representing that you are not a minor under the age of 13.

Updates.
Occasionally, we may automatically or through other remote means, update, upgrade, patch or uninstall the Company's Software, including the Company's advertising-supported software, without further notice to you. By installing the Company's Software on your computer, you consent to such automatic updates and agree that the terms and conditions of this or the then-current EULA will apply to all such installations and updates. Unless your use of the Company's Software is in connection with a subscription agreement whereby you pay a periodic fee to use the Company's Software, your license to an existing version of the Company's Software, may, at the Company's discretion, expire when new versions of Software are released. Notwithstanding the foregoing, we have no obligation to make available to you any subsequent versions of the Company's Software. If you do not uninstall Outerinfo, the Company's advertising software along with the screen savers, games, or other applications contained in the Company's Software, we may continue to access the advertising-supported software on your computer and update its functionality, including installing newer versions of the Company's Software. You must uninstall the Company's advertising software from your computer in order to stop the ads generated by the Company's advertising software from appearing on your computer.

Modifications to the EULA.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the EULA and its associated privacy policy at any time. In the event that we do so, we will notify you by prominently posting notice of the any such change, modification, addition, or deletion on the web sites covered by the EULA. Any such change, modification, addition, or deletion will be effective upon ten (10) calendar days following our posting of such notice on the web sites covered by these terms of use. Accordingly, you should check for changes to this agreement on the Company's web site on a periodic basis.

Reservation of Rights.
All software and content accessed through the Company's Software you are about to download or install are protected by United States and international laws, including copyright laws and treaties. All title and copyright in and to the Company's Software (including, but not limited to, any images, photographs, animation, video, music, text, etc.) is owned by the Company, its affiliates, and its Licensors. The Company reserves all rights not expressly granted to you under this EULA.

License and Restrictions.
The Company hereby grants you a non-exclusive license to install and use one copy of the Company's Software on a single computer (or one copy on each computer you use) solely for your personal, non-commercial use in a manner consistent with the terms of this EULA. These are your only rights with regard to the Company's Software. The Company's Software is licensed, not sold to you. You may not modify, reverse-engineer, decompile, disassemble, or otherwise derive the source code for the Company's Software or redistribute, sublicense, or otherwise transfer rights to the Company's Software without the Company's prior written approval. You do not have the right to create derivative works of Software.

Disclaimer of Warranty.
THE COMPANY'S SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE COMPANY'S SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE COMPANY'S SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE COMPANY'S SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY'S SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY'S SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE COMPANY'S SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER(S) ON WHICH THE COMPANY'S SOFTWARE IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation on Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY'S SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY'S SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL THE COMPANY'S SOFTWARE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT OF $10.00 US DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification.
You hereby agree to indemnify, defend, and hold the Company and its affiliates and officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of this agreement.

Termination.
These terms are effective until terminated by either party. Unless you use one of the Company's subscription-based services, which are based on the payment of a periodic fee, we reserve the right, in our sole discretion, to terminate your access to any or all of the Company's Software or any portion thereof at any time, without notice, which termination may include an automatic uninstall by the Company of the Company Software from your computer. You may terminate these terms at any time by discontinuing use of the Company's Software and uninstalling the Company's Software from your computer. If you prematurely terminate a subscription-based service, you will not receive a refund for non-use during the remainder of the subscription term.

Subscriptions/Billing.
Some services offered on the Company's web sites are subscription-based services. Please refer to the subscription service agreement for the applicable subscription-based service for specific terms and conditions that may apply.

Privacy.
The Company's Privacy Policy is incorporated by reference into this agreement. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. Please review our Privacy Policy before installing the Company's Software (http://www.outerinfo.com/privacy.html). By installing the Company's Software, you signify your agreement to the terms of the Privacy Policy. If you do not agree to the Privacy Policy, please do not install the Company's Software. The Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Privacy Policy at any time. Please check these terms periodically for changes. Your continued use of the Company's Software following the posting of changes to the Privacy Policy will mean you accept those changes.

Terms of Use.
Please read the Terms of Use for the Company's web sites, which terms are incorporated by reference into this agreement, before using this web site. By using this web site, you signify your agreement to the Company's Terms of Use for its sites. If you do not agree to the Terms of Use, you may not access this web site (including without limitation any content thereon) or use the Company's Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.

Links.
You should be aware that when you are on a Company web site, you could be directed to other sites that are beyond our control and for which the Company is not responsible. There are links to other sites from the Company's web pages that take you outside of our services. For example, if you click on a banner advertisement, you will no longer be on the Company web site. These links may include links from advertisers, sponsors, content partners, and others. You acknowledge that when you click on a link that leaves a Company site, the web site you will land on is not controlled by us, and the operators of these sites may have terms of use and privacy policies that are different from ours. We reserve the right to disable links from third-party sites to any Company web site, although we are under no obligation to do so.

Submissions.
If you send any material or creative suggestions, such as ideas, notes, drawings, concepts, software code or other information of any kind (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all right, title, and interest in all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

Jurisdiction. The Company is operated from offices in the United States located in the Commonwealth of Massachusetts. We make no representation that the Company's Software is appropriate or available for use in any particular location. Those who choose to access the Company's web sites or to use the Company's Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Export Law Assurances.
You agree not to use or otherwise export or re-export the Company's Software except as authorized by United States law and the laws of the jurisdiction in which the Company's Software was obtained. Without limiting the foregoing, the Company's Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing the Company's 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.

Government End Users.
The Company's Software (and its components) are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. The Company reserves any unpublished rights.

Miscellaneous.
These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Boston, Suffolk County, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

If you have any questions about this EULA, our privacy policy, the practices of this site, or your dealings with the Company, you can contact: support@outerinfo.com.