vx2 Supplied Privacy and Licensing Agreement

Important - Terms and Conditions

vx2 develops very small background software Applications that facilitate targeted advertising. vx2 benefits consumers by working with advertisement serving partners to subsidize various software products and services that are free to you, the consumer.

These Terms and Conditions apply to both (1) the vx2.dll, which primarily serves “popup” and “popunder” ads, and (2) the related interest profiling Application, which primarily gauges users’ broadly defined interest categories (e.g. “finance” or “travel”). Downloading the interest profiling Application simultaneously with vx2 will take only a few seconds. Or to minimize the initial download time, this second Application may be downloaded later. Neither the vx2.dll nor the related interest profiling Application will interfere with the operation of your computer’s hard-drive. They will not degrade performance or slow your machine. You can delete vx2’s Applications, as well as any data that was collected by these Applications, at any time by following the instructions on the vx2.cc website.

By using or continuing to use vx2’s Software and select third-party software and services distributed by vx2 you agree to the following terms and conditions. vx2 may enhance or upgrade these Applications from time to time. Unless we tell you otherwise, any new products or services we provide or distribute, whether through our own or third party websites or servers, will also be subject to these terms and conditions.

If you do not wish to be bound by this Agreement, you must not install or otherwise access the Product.

vx2 may amend this Agreement at any time without notice and such modifications shall be deemed effective immediately upon posting the changes on the Site. You should review the Site from time to time to look for any such modified terms. Your continued access to or use of the Product shall be deemed conclusive acceptance by you of the modified terms of this Agreement. If any changes or modifications to this Agreement are unacceptable to you, you must cease using the Product. Should a conflict arise between this Agreement as set forth here and this Agreement as posted to the Site, you understand and agree that the Agreement as posted on the Site will control and govern your use and our responsibilities.

In this Agreement, when we talk about vx2 “Software” or “Applications” we mean the vx2.dll and the interest profiling Application.

You should carefully read the following terms and conditions before using vx2’s Software.

License Restrictions

Your license to an existing version of a vx2 Application may, at our discretion, expire when new versions of that Application are released. We reserve the right to add additional features or functions to existing Applications, or to introduce new Applications at any time. When installed on your computer, all vx2 Applications periodically communicate with our servers. Additionally, we may require the updating of our Applications on your computer when we release a new version of our Application, when we make new features available, deliver promotional offers, or add new Applications. This update or new download may occur automatically or through other means. You understand that we may require your review and acceptance of our current Privacy Statement before you will be permitted a limited license for any subsequent versions of our Applications.

We have no obligation to make available to you any subsequent versions of our Applications. You may not distribute or copy (other than for backup purposes) our products. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble our Applications or modify our source code in any way. You do not have the right to create derivative works of our Applications. All modifications or enhancements to our Applications remain our sole property. You understand we, in our discretion, may modify or discontinue or suspend your right to access any of services at any time.

We reserve all rights in our Applications not expressly granted to you in this Agreement.

Other Restrictions

You may not rent, lend, assign, or lease our Applications, but you may transfer your rights under this Agreement on a permanent basis provided (i) you transfer all copies of this Agreement including the Privacy Statement; and (ii) the recipient agrees to be bound by this Agreement including the Privacy Statement. Any transfer must include the most recent product upgrade. When you transfer an Application, you must remove all remaining copies of the product from your machine.

Ownership

You acknowledge and agree that each of our Applications is licensed, not sold to you. You agree that we own all of our Applications, including all intellectual and proprietary rights, unless otherwise specified. vx2 reserves all rights not specifically granted in this Agreement. We retain all ownership and intellectual property rights in our Applications at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.

You acknowledge that the Product, including all code, contains proprietary and confidential information, is owned by vx2, and is protected by applicable intellectual property and other laws. You shall not infringe or violate any such rights or laws.

Content

You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available through the Product, whether publicly posted or privately transmitted,is the sole responsibility of the person from whom it originated. You understand and agree that by using the Product, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will vx2 be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Product.

We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, and should be regarded as unsecured. Please understand that by using our Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share.

In addition, all content accessed through our Applications is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no rights to such content.

Voluntary Software and Right to Uninstall

You understand that our Applications are voluntary software programs, and you may uninstall them at any time by using the Windows add/remove programs function or following the instructions listed on our website, vx2.cc. However, by uninstalling the Applications, you will be unable to access our services and, in some instances, unable to use software that the Application was bundled with.

Your Obligations

You represent and warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree, with respect to all other users of your computer, to (i) provide a copy of this Agreement including the Privacy Statement; and (ii) obtain their consent to this Agreement and Privacy Statement before allowing them to use the computer to access the Internet. You agree not to misrepresent your identity or to provide any false information that is requested as part of the service. You agree not to use the service to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service.

Access and Interference

You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of our Application or content, except to remove our program from a computer of which you are an owner or authorized user.”

Disclaimer of Warranty

USE OF OUR APPLICATIONS AND ANY CONTENT AVAILABLE ON OUR WEBSITE IS AT YOUR OWN RISK. WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WE MAKE NO WARRANTY THAT (i) OUR MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) WE CAN IDENTIFY ANY IDENTITY THEFT, (iii) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Termination

You may end this Agreement at any time by uninstalling and destroying all copies of our Applications in your possession or control.

Limitation of Liability

IN NO EVENT WILL vx2 INC., ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES INCLUDING LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, SERVICE OR WEBSITE, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AVERAGE REVENUE RECEIVED BY vx2 PER USER PER MONTH AS CALCULATED BY vx2 MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN A vx2 APPLICATION USER.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

No Liability for Protected Parties

The Protected Parties assume no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorneys' fees for, any claim based upon: (i) any method or process in which our Application may be used by you; (ii) any results of using our Application; (iii) any use of other than a current unaltered release of one of our Applications; or (iv) the combination, operation or use of any of our Application(s) with third party programs or data if such infringement would have been avoided by the combination, operation, or use of our Application(s) with other programs or data.

Export Controls

vx2 Applications and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using our Applications, you agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

Notice to Government End Users

The Software and Documentation 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.

Applicable Law

vx2 is incorporated in the state of Nevada in the USA. The internal laws of the state of Nevada will govern this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Arbitration

Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. This shall not preclude us from seeking any injunctive relief for protection of our intellectual property rights.

Successor Agreements

The terms of this License Agreement including the Privacy Statement may change in the future. We will provide you with an on-line pop-up window notice informing you that changes have been made to the documents and will provide you either with an active link that you can use to view a web page containing or linking to the revised documents.

You agree that after receipt of such change notice, that you consent to this License Agreement including the Privacy Statement unless you affirmatively indicate to us by e-mail that you do not accept the successor Agreement and remove all of our Applications from your computer. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current License Agreement including the Privacy Statement.

General

This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between the parties.

If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.

vx2 shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of vx2.

Privacy Policy

vx2 has based its privacy policy on the most stringent privacy guidelines set out by the Federal Trade Commission. vx2 complies with the Federal Trade Commission's Fair Information Practice Principles.