WhenU, SaveNow, License Agreement & Privacy Policy

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UPDATED: DEC 15, 2005

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING SAVENOW PROVIDED BY WHENU.COM, INC. ("WHENU"). YOU CAN LEARN MORE ABOUT WHENU AT HTTP://WWW.WHENU.COM OR BY CALLING WHENU TOLL FREE AT 866-WHENU-11. USE OF SAVENOW IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT. BY INSTALLING SAVENOW YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WHENU RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AT ANY TIME.

Functionality

SaveNow ("SaveNow" or the "Software") presents relevant ads, comparison-shopping results and coupons while you browse the Web. SaveNow starts automatically when you start your computer and results are based on the terms you type into search engines, the Websites you visit and the Web content you view. No personally identifiable information is collected and your privacy is always protected.

While you're online, SaveNow ads slide or pop up in front of or behind your browser in a separate window. SaveNow ads are always branded SaveNow and tell you they are coming from software - not Websites. On average, users see three (3) ads per day. SaveNow ads are not endorsed or affiliated with anyone other than WhenU and may be competitive with some of the Websites visited by you.

SaveNow enables you to receive advertising-supported versions of many popular software applications for free. If you install SaveNow now and decide later you don't want it, you can remove it from your computer at any time in the add/remove program.

The License

The Software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the Software or documentation; (b) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the Software; or (c) redistribute, sublicense, or otherwise transfer rights to the Software.

WhenU reserves the right to periodically update and/or upgrade the Software at WhenU's discretion. Your installation of the Software indicates your acceptance of potential future updates and/or upgrades to the Software. For any material change to the privacy protective nature of the Software, WhenU will request your permission prior to making such change.

Age Limitation

WhenU products and services are not available to individuals below the age of 18. By accepting this installation, you are representing that you are not a minor below the age of 18.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT THE USE OF THIS SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS AND ERRORS, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. WHENU RESERVES THE RIGHT TO PERIODICALLY UPDATE AND/OR UPGRADE THE SOFTWARE AT THE COMPANY'S DISCRETION. YOUR INSTALLATION OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF POTENTIAL FUTURE UPDATES AND/OR UPGRADES TO THE SOFTWARE.

THE INFORMATION AND SERVICES PROVIDED BY THE SOFTWARE AND/OR WHENU ARE SIMILARLY PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. THE ACCURACY AND RELIABILITY OF ANY INFORMATION OR SERVICES PROVIDED BY THE SOFTWARE AND/OR WHENU SHOULD BE INDEPENDENTLY VERIFIED BY YOU PRIOR TO MAKING ANY DECISIONS BASED ON SUCH INFORMATION OR SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHENU OR ITS AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.

Governing Law

This License Agreement is governed by, and shall be construed in accordance with, the laws of the State of New York, without regard to its conflicts of laws rules.

Material Changes

WhenU may update this License Agreement at any time, however, you will be provided with notice of any material changes to the Software or this License Agreement. Updates to this License Agreement may be found at http://www.whenu.com/products_savenow_la.html.

Uninstallation Instructions

To uninstall SaveNow (i) click on the Start Menu button, (ii) click on the Settings option, (iii) click on the Control Panel option, (iv) double-click on Add/Remove Programs, (v) choose Add/Remove Programs, (vi) select WhenU SaveNow, (vii) click on Add/Remove and (viii) click on OK. Should you require assistance, please visit WhenU's customer support center at http://www.whenu.com/support.html or call us toll free at (866) WHENU-11.

UPDATED: DEC 15, 2005

Privacy Policy

By downloading SaveNow (the "Software"), you give permission to WhenU.com ("WhenU") to display relevant contextual information and offers. The Software selects which ads and offers to show you based on several factors, including: Web pages you visit, search terms you use while searching online, content of the Web pages you view and your local zip code.

The Software protects your privacy by uploading a database of content in small chunks to your desktop and then determining on your desktop whether to retrieve information from WhenU or third-party servers. To protect your privacy, the same database of content is sent to all desktops. Decisions regarding which ads to retrieve to an individual desktop are all processed on the individual user's desktop - and isolated from WhenU servers. In this way, WhenU is able to deliver to you relevant coupons, information and advertisements without sending all of your browsing activity back to WhenU and without establishing any profile about you (even anonymously) on WhenU servers.

Your privacy is also protected in the following manner:

Your personally-identifiable information is not required in order to use the Software. WhenU does not know your individual identity and does not attempt to discern it in any way. As you surf the Internet, your "clickstream data" (i.e. a log of all the sites you visit) is not transmitted to WhenU or any third party server. WhenU does not assemble any personally-identifiable browsing profiles of you or your individual machine. WhenU does not assemble any anonymous machine-identifiable browsing profile of you or your machine. WhenU does not track which ads and offers you see as an individual user - all of our analysis and tracking of ads is done in the aggregate.

The Software does send back a limited amount of information from your desktop in order to count the number of users in our network and optimize the performance and relevance of the ads. For example, the Software may send WhenU a communication that includes information about the webpage you were viewing when you saw or clicked on a particular ad or the search term you entered into a search engine. WhenU has intentionally designed these communications back to WhenU to be highly protective of user privacy, in the following ways:

Each individual desktop is assigned an anonymous, unique machine ID. This machine ID is used only to enable WhenU to count unique, active desktops in the network. The machine ID is not used to determine which ads to serve individual users or to create browsing profiles of users When ads are requested and/or displayed by the Software, impressions and click-throughs, including the factor (e.g., the URL, keyword, search term, or some combination thereof) that caused the ad to be displayed are reported to WhenU. To protect your privacy and prevent WhenU or any third party from assembling individual user profiles or knowing which Websites you visit, your unique machine ID is intentionally excluded from these limited ad-optimization communications sent back to WhenU.

The Software does not place any cookies on your desktop. The Software does occasionally make use of session cookies for the transmission of information between the Software's windows. Session cookies are stored in temporary memory, not retained after the browser is closed, and do not collect information from the user's computer. It is possible that a third party advertising on our network might place a cookie on your desktop. If you wish to opt-out from third party cookies, please click on the following link and follow the instructions: http://www.networkadvertising.org/optout_nonppii.asp.

WhenU is committed to serving highly relevant, contextual coupons and offers, while still providing consumers with industry-leading privacy protection. For any further questions about our privacy policy, please email privacy@whenumail.com.

WhenU may update this Privacy Policy at any time, however, you will be provided with notice of any material changes to the Software or this Privacy Policy. Updates to this Privacy Policy may be found at http://www.whenu.com/pc_savenow.html.

For any material change to the privacy protective nature of the Software, WhenU will provide notice and request your permission prior to making such change. 704744889592900976115549

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