Appendix C: Inadequate EULA Disclosure by 180solutions
Reproduced below is the full text of the Zango EULA, as it appears online. It contains no
references to CJB.NET at all.
NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("AGREEMENT")
APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS PROVIDED BY
180SOLUTIONS, INC. AND ITS AFFILIATES (REFERRED TO IN THIS
AGREEMENT AS "WE" OR "180"). PLEASE READ THIS AGREEMENT
CAREFULLY. BY CLICKING "ACCEPT" BELOW, OR BY USING ALL OR ANY
PORTION OF THE LICENSED SOFTWARE (DEFINED BELOW), 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 LICENSED SOFTWARE.
1. Definitions.
"Licensed Software" means (a) the software we provide to you; and (b)
any bug fixes, upgrades, modified versions or updates to the Licensed Software
(collectively referred to as "Updates") that we provide to you. "Use," "Used" or "Using"
means to access, install, download, copy or benefit from using the functionality of the
Licensed Software.
2. Software License.
As long as you comply with, and subject to, the terms of this
Agreement, 180 grants to you a non exclusive, revocable license to Use the Licensed
Software, in binary executable form only, solely for the purposes described in this
Agreement.
3. Restrictions.
As a condition of this license, 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 180 or
its licensors 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. Intellectual Property Rights.
The Licensed Software is the intellectual property of,
and owned by, 180 and its licensors and suppliers. The structure, organization and code
of the Licensed Software are the valuable trade secrets and confidential information of
180 and its licensors and suppliers. 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
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