Guidescope: Guidescope Service Agreement

Guidescope Service Agreement

TERMS OF USE (Version 0.6)

1. ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY. YOUR USE OF THE Guidescope SOFTWARE AND ACCOMPANYING SERVICE INDICATES YOUR ACCEPTANCE OF THE TERMS AND BINDS YOU TO ALL OF THE TERMS, CONDITIONS, LIMITATIONS, AND DISCLAIMERS CONTAINED HEREIN.

2. DEFINITIONS

"Guidescope" means Guidescope Inc., a Delaware corporation.
"You" or "Subscriber" means each user of the Guidescope Software and its related service.
"Guidescope Software" or "the Software" means the software product published on http://www.guidescope.com and licensed to You by Guidescope. Information about the Software and Service published at http://www.guidescope.com/, is subject to change in the sole discretion of Guidescope, and does not modify any of the Terms. A key feature of the Software is selective blocking of graphics on the Web by checking in real time over the Internet with the related Service during Your Web browsing (called the "Guidescope Service", or "the Service"). The Software also includes any upgrades, modified versions, updates, additions, patches, and copies of the Software licensed to you by Guidescope.

3. PRIVACY POLICY

Guidescope has an extensive Privacy Policy published at http://www.guidescope.com/, the terms of which are incorporated into this document by reference. This Agreement (and the Privacy Policy referenced herein) constitute the complete understanding between You and Guidescope.

4. LIMITED LICENSE; SERVICE

You agree that the Software is owned by Guidescope.

Guidescope grants You a non-exclusive license to download the Software from http://www.guidescope.com and copy it onto Your computer subject to the following conditions: You may copy the Software only for the purposes of:

installing it on Your computer and using it to browse the Web on Your computer, and
for reasonable backups precautions.

You may not provide copies of the Software to others; they should download it directly themselves.

This Agreement does not grant you any intellectual property rights in the Software other than those stated above.

This Agreement licenses You to use the Service only by means of the Software provided to You by Guidescope.

In the future, in its sole discretion, Guidescope may publish the source code of the Software and offer you more extensive options to copy it, under the GNU General Public License. Guidescope, in its sole discretion, may also grant You an optional license to use the Service by means of certain variations of the Software. However Guidescope makes no assurance that these additional options will be offered within a certain time period or at all.

If you want others to use Your copy of the Software on Your computer, this is allowed by Guidescope provided that each user's use of the software constitutes acceptance by the user of these Terms.

5. LIMITATIONS AND RISKS IN USE OF SOFTWARE AND SERVICES

The Service may change from time to time in accordance with these Terms. You bear the entire risk for use of the Software and Service, and You accept their limitations. In particular, You acknowledge and agree that there may be significant limitations and risks beyond those disclosed in this Agreement, and Guidescope's failure to recite them shall not be construed as a representation or warranty that they are not present or important.

Although software products for blocking advertisements have been used by many people for several years, the question of their legality under copyright and other laws has not been completely settled. You agree to bear any risk of claims for copyright infringement or other legal action by the owner of a Web site as a result of Your use of that site. If You are notified by a Web site (whether directly or by a Web page posted on it) that the owner or operator does not wish the site to be used along with blocking software, You bear the responsibility for suspending or discontinuing the blocking function of the Software and Service whenever You visit such a site. Even though Guidescope may alert You that some sites have indicated their objection to blocking, You cannot rely on Guidescope always doing so.

Guidescope aims to maintain continuous availability of the Service. However, Guidescope is not liable to You for failure to do so.

Although some features may enhance the privacy and speed of Your Web browsing, there is no assurance that specific levels of performance in these or any other areas will be achieved or maintained.

The Service does not block all ads.

Although Guidescope may provide a facility for You and other subscribers to suggest candidate material for blocking, Guidescope is under no obligation to comply with such suggestions.

If Web sites object to having part of their graphic content or ads blocked, Guidescope may configure its service to ``Alert'' You to this fact when you attempt to visit such a site, and You may not be able to visit such sites without first suspending the blocking feature.

The set of components which are blocked and the sites where You are alerted is entirely within Guidescope's absolute discretion. You acknowledge and agree that such choices by Guidescope are not to be construed as disparaging the sites concerned or the subjects depicted in such components.

By using the Service, You bear the risk of delay while attempting to visit some sites. You also bear the risk of not receiving some components of Web pages that are available to others who do not use the Service. You also bear the risk that certain current and future features of the Service, including but not limited to cookie management and the modification of the referer field, may even affect the usability and functionality of some sites. If You determine that You might be adversely affected by the considerations listed above, You should suspend or discontinue using the Service.

6. FEES

Guidescope is interested in keeping the Service available for personal home use at no fee, and free of unwanted advertising. Guidescope may request that organizations pay for the Service. By installing and using the Software and Service You are not committing Your organization to pay a fee, however Guidescope reserves the right to discontinue Your ability to use the Service if Guidescope requests a payment from Your organization, and the payment is not received in a timely manner. Fee schedules for organizations will be published at http://www.guidescope.com, but these are not a part of this Service Agreement. Any fees paid will be governed by a separate Agreement.

7. ADDITIONAL FEATURES

Some features of the Service assist You in using and finding the services of other companies such as search engines. Guidescope does not own or operate those other services, is not responsible for them, and does not guarantee their availability or suitability.

8. NO WARRANTIES, INDEMNIFICATION AND LIMITATIONS ON LIABILITY

THE Service AND Software ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. THE SUBSCRIBER BEARS THE ENTIRE RISK AS TO THE PERFORMANCE AND QUALITY OF THE SOFTWARE AND THE SERVICE AND GUIDESCOPE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES) INCURRED FROM THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICES. IN NO EVENT SHALL GUIDESCOPE'S LIABILITY EXCEED THE AMOUNT OF ANY MONIES PAID TO GUIDESCOPE FOR THE SOFTWARE OR THE SERVICE. THE FOREGOING ARE GUIDESCOPE'S SOLE AND EXCLUSIVE OBLIGATIONS AND THE SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDIES. IN THE EVENT THAT APPLICABLE LAW PROVIDES ADDITIONAL WARRANTY PROTECTIONS OR REMEDIES, GUIDESCOPE'S OBLIGATIONS SHALL NOT EXCEED THE MINIMUM PROVIDED FOR UNDER APPLICABLE LAW.

EXCEPT TO THE EXTENT PROVIDED FOR BY APPLICABLE LAW, THE SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS GUIDESCOPE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITIES, EXPENSES, COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES), THAT MAY HAVE BEEN INCURRED OR AWARDED ARISING FROM USE OF THE Software OR Service INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT THE SOFTWARE OR THE SERVICE VIOLATES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. THIS INDEMNITY SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON.

9. MISCELLANEOUS

You may not assign this Agreement without the prior written consent of Guidescope.

This Agreement may only be modified electronically in the following manner. If Guidescope wishes to change any part of this Agreement, other than the Privacy Policy,

Guidescope shall publish the new Agreement on Guidescope's Web site, and
Guidescope shall send a Notifying Message to Subscriber by Guidescope User Mail specifying the URL for the new Agreement and the Effective Date of the new Agreement.

The Subscriber's continued use of the Software and/or the Service at any time after thirty (30) days after the transmission of the Notifying Message shall constitute acceptance of the new Agreement, which will replace the previous Agreement as of the Effective Date.

If You are not willing to accept a new Agreement, You must discontinue using the Software and Service.

Guidescope is a trademark of Guidescope Inc. Other trademarks are property of their respective owners.

This Agreement is governed by the laws of the State of New Jersey.