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PRIVACY NOTICE

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TERMS AND CONDITIONS
Thank you for trying out Zooomr Zipfox software! By using this software, including any third party software made available in conjunction with this software, ("Zooomr Zipfox") you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Non-commercial Use Only 
Zooomr Zipfox is made available to you for your non-commercial use only. This means that you may use it at work or at home. But you first need to obtain Zooomr's permission if you want to sell Zooomr Zipfox or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from Zooomr Zipfox.

In that case, please send an email to zfeedback@bbridgetech.com. Furthermore, you may not use Zooomr Zipfox in any manner that could damage, disable, overburden, or impair Zooomr's global services (e.g., you may not use Zooomr Zipfox in an automated manner), nor may you use Zooomr Zipfox in any manner that could interfere with any other party's use and enjoyment of Zooomr's global services. 

You may make copies of Zooomr Zipfox and distribute such copies to others within your employer's organization provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions.   If others within your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to these Terms and Conditions.  If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, please do not distribute Zooomr Zipfox to them.  If you have any questions regarding the terms of distribution, please send an email to zfeedback@bbridgetech.com.

If you have comments on Zooomr Zipfox or ideas on how to improve it, please email zfeedback@bbridgetech.com. Please note that by doing so, you also grant Zooomr and third parties permission to use and incorporate your ideas or comments into Zooomr Zipfox (or third party software) without further compensation. 

Intellectual Property
You acknowledge that Zooomr or third parties own all rights, title and interest in and to Zooomr Zipfox, portions thereof, or software provided through or in conjunction with Zooomr Zipfox, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Zooomr Zipfox. You also agree to not remove, obscure, or alter Zooomr's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Zooomr Zipfox. 

Disclaimer of Warranties 
Zooomr and any third party who makes its software available in conjunction with or through Zooomr Zipfox disclaim any responsibility for any harm resulting from your use of Zooomr Zipfox and/or any third party software accessed in conjunction with or through Zooomr Zipfox. 

ZOOOMR ZIPFOX AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ZOOOMR ZIPFOX ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ZOOOMR AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ZOOOMR AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH ZOOOMR ZIPFOX DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ZOOOMR ZIPFOX AND SUCH THIRD PARTY SOFTWARE. 

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE ZOOOMR ZIPFOX AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ZOOOMR ZIPFOX AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ZOOOMR ZIPFOX AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. 

Limitation of Liability 
UNDER NO CIRCUMSTANCES SHALL ZOOOMR OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH ZOOOMR ZIPFOX BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF ZOOOMR ZIPFOX OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ZOOOMR AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Zooomr Zipfox AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Zooomr Zipfox, FROM INABILITY TO USE ZOOOMR ZIPFOX AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Zooomr Zipfox, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ZOOOMR ZIPFOX AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ZOOOMR ZIPFOX (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

Zooomr's Global Services 
Zooomr Zipfox is designed to be used in conjunction with Zooomr's global services. Accordingly, your use of Zooomr Zipfox is also defined by Zooomr's Terms of Service and Privacy Policy. 

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. 

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Zooomr and/or a third party who make its software available in conjunction with or through Zooomr Zipfox. 

October 2007