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TestPros–WeatherBug Spyware Free Certification Test Results Report–May 1, 2006Copyright © by TestPros, Inc. All Rights Reserved.__________________________________________________________________________________

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WeatherBug V6.06

1800 Michael Faraday DriveFirst Floor

Reston, VA USA 20190Phone: (703) 787-7600

Fax: (703) 787-7650Email: [email protected]

URL: http://www.testpros.com

Software Test Results Report

Spyware Free CertificationTesting Services

Providedto:

Version 6.06

Prepared by:

TestPros, Inc.1800 Michael Faraday DriveSuite 100Reston, VA 20190PH: 703-787-7600

Prepared On:

May 1, 2006

Independent Testing of Software and Systems

mailto:[email protected]

http://www.testpros.com/


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WeatherBug V6.06

TABLE OF CONTENTS

TESTPROS CERTIFICATION.........................................................................................................3

INTRODUCTION..............................................................................................................................4

KEY DEFINITIONS:..........................................................................................................................6INSTALLATION................................................................................................................................7BEHAVIOR .....................................................................................................................................8REMOVAL ....................................................................................................................................10

COMPANY DESCRIPTION OF TESTED APPLICATION ............................................................11

WEATHERBUG® DESKTOP APPLICATION ..............................................................................11

Why does WeatherBug have advertising? .......................................................................12Isn't an application that serves ads “Adware?”...............................................................12Are desktop applications Safe?.........................................................................................12

EXECUTIVE SUMMARY ...............................................................................................................13

SPYWARE FREE CERTIFICATION: GRANTED......................................................................13

TEST RESULTS ............................................................................................................................14

INSTALLATION TESTS ...................................................................................................................14Installation Tests–Additional Observations ...................................................................16

BEHAVIOR TESTS.........................................................................................................................18Behavior Tests–Additional Observations.......................................................................21

REMOVAL TESTS .........................................................................................................................22Removal Tests–Additional Observations .......................................................................23

APPENDIX-A DISCLOSURES......................................................................................................24

APPENDIX-B SCREEN SHOTS....................................................................................................50


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WeatherBug V6.06

TestPros Certification

Any use of this report is conditioned on the following statements:

1. The information in this report is subject to change without notice.

2. The information in this report is believed by TestPros to be accurate and reliable,but is not guaranteed. All use of and reliance on this report are at your sole risk.TestPros is not liable or responsible for any damages, losses or expenses arisingfrom any error or omission in this report.

3. This Report does not constitute an endorsement, recommendation or guaranteeof any of the products (hardware or software) tested or the hardware andsoftware used in testing the products. The testing does not guarantee that thereare no errors or defects in the products, or that the products will meet yourexpectations, requirements, needs or specifications, or that they will operatewithout interruption.

4. This Report does not imply any endorsement, sponsorship, affiliation orverification by or with any companies mentioned in this report.

5. NO WARRANTIES, EXPRESS OR IMPLIED ARE GIVEN BY TESTPROS. ALLIMPLIED WARRANTIES, INCLUDINF IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNONINFRINGEMENT ARE DISCLAIMED AND EXCLUDED BY TESTPROS. INNO EVENT SHALL TESTPROS BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTL OR INDIRECT DAMAGES, OR FOR ANY LOSS OF PROFIT,REVENUE, DATA, COMPUTER PROGRAMS, OR OTHER ASSETS, EVEN IFADVISED OF THE POSSIBILITY THEREOF.

All trademarks, service marks, and trade names used in this Report are the trademarks,service marks and trade names of their respective owners.


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WeatherBug V6.06

Introduction

TestPros performed a series of independent Spyware Free Certification tests on theWeatherBug (“Merchant”) Desktop application and the WeatherBug Browser Bar(toolbar). Collectively we refer to these two applications as“WeatherBug software”. Thetests are based upon the following questions regarding “Consumer-Safe Software”:

Are the disclosures (EULA, installation dialog, pre-install web pages) complete,easily accessible, and easily understood?

Does the software operate and behave the way the disclosures indicate? Does the software engage in any prohibited practices –disclosed or not. Can the user easily relate the behavior of the software to an entry in

Add/Remove Programs? For example–if a pop-up occurs as a result ofprogram XYZ, does the pop-up indicate that it was caused by XYZ, and is XYZlisted in Add/Remove Programs?

Can the software be easily removed?

If the answer is “YES”to those questions, the consensus is that the software is Spyware-Free. If it is “NO” to any of the above questions, the software cannot be certified as Spyware-Free.

The industry direction is focused on a narrow and technical interpretation based ondisclosure and user consent. Users typically want more. They want some assurancethat installing the software in question will not compromise their privacy, and will notbreak or significantly degrade the functioning of their computers. A new category ofConsumer Safe Software–“System and Privacy Safe”- is emerging in the industry thatsupersedes existing spyware criteria. Of primary concern is the personal informationthat is maintained and uploaded to servers. TestPros testing methodology includes thecurrent test criteria for System and Privacy Safe applications. The tests also include alengthy activity observation test period during which all network activity is monitored andaudited for “unsafe” behavioron the part of the software under test.


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WeatherBug V6.06

The specific objectives of this software testing project are to:

Determine if the WeatherBug software EULA provides clear and appropriatedisclosure.

Determine if the WeatherBug software complies with the EULA.

Determine if the WeatherBug software applications are Spyware-Free.

Determine if the WeatherBug software applications areeasy to remove (“un-install”).

Determine if WeatherBug Software compromises system integrity and privacyin any way.

Certification tests were conducted by TestPros on the WeatherBug Desktop version6.06, and the WeatherBug Browser Bar version 2,0,4,1 on a Windows XP system. Thisreport does not cover any prior versions of the WeatherBug software.


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WeatherBug V6.06

Key Definitions:

Spyware:

Spyware is software that is surreptitiously installed on a computing device withoutexplicit consent from the end-user(s), often for the purpose of collecting informationabout a user or corporation without their knowledge, compromising the security ofsensitive or proprietary information.

Malware:

Malware (also known as ‘Malicious Software’) is software and/or data files that are developed for the purpose of doing harm. Forms of Malware include computer viruses,worms and Trojan horses.

Virus:

A virus is a software program that replicates itself by being copied or initiating its copyingto another program, computer boot sector or document. Viruses can be transmitted asattachments to an e-mail, as part of a downloaded file, or may be present on a diskette,CD or similar media. Some viruses are harmless while others can be quite harmful,erasing data or causing your hard disk to require reformatting.

Worm:

A virus that replicates itself by resending itself as an e-mail attachment or as a part of anetwork message is also known as a ‘worm’.

Trojan Horse:

A Trojan horse is a program in which malicious or harmful software is contained insideapparently harmless software or data in such a way that it can get control of a computingdevice and cause its chosen form of damage, such as erasing data from a hard drive. ATrojan horse can be widely distributed as part of a computer virus.

TestPros Certified Spyware Free:

TestPros’ attestation, as represented by the Certification Logo, that, to the best of TestPros’ knowledge and based strictly on the written and/or electronic documentationknown to TestPros, the Merchant Website and/or the Merchant Application has beentested by TestPros and thereupon TestPros has determined that, as of the InitialCertification Date, the Merchant Website and/or the Merchant Application fully compliedwith the Certification Criteria, in that the Website and/or the Application were each freeof any Spyware and all other similar forms of malicious, surreptitious, or otherwisequestionable, software (collectively, “Spyware”).


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WeatherBug V6.06

CERTIFICATION CRITERIA

Installation

1. Merchant will provide user with a clear notice of all items installed and theirfunctions.

2. Merchant will not install software without clear and conspicuous notice to andconsent from the user. The user, during the installation process, must beinformed about the installation and major functionality of any and all bundledsoftware.

3. Merchant will not bundle its software into other applications without clear andconspicuous notice of its inclusion and functions in the EULA and installation.

4. Merchant will not exploit security vulnerabilities or security settings as consent toinstall software without notice. Merchant must make every effort to prevent allscenarios where an installation may occur without clear and conspicuous notice.

5. Merchant will not install other applications that are not easily removable throughAdd/Remove Programs.

6. Merchant will not request personal information unless it is essential to theprogram function, it is for purposes of authentication or validation or it hasreceived express consent for any other use. Any user data collected will not beshared or used in any way that compromises the end-user’s privacy. Use ofpersonally identifiable user data for marketing purposes will only take place withexplicit user consent through opt-in.

7. Merchant will not automatically opt users in to deals, offers, newsletters andother material of the same nature from the distributor or other parties withoutfeaturing prominent opt-out functionality. User must either opt-in through checkbox or other user initiated means, or be offered a prominent mechanism to opt-out of any marketing related activities prior to being subject to such activities.


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WeatherBug V6.06

Behavior

1. Merchant will not monitor a user’s online activity, including but not limited to webpages viewed or accessed, user selected content, entered keywords or searchterms, and relays in whole or in part to remote or secondary computer or serverand match that activity to any personally identifiable information without clear andconspicuous notice to and consent from the user. If Merchant collects data aboutthe user that can be used to personally identify the user, the Merchant must firstobtain users express consent through check box or other means, as describedabove.

2. Merchant will not present advertisements which are not clearly branded oridentified as originating from the Merchant and/or software and/or functionalitythat serves the advertising.

3. Each pop-up advertisement served by Merchant must have a link to informationabout the software that would include instructions for removal of the software thatserves said advertising. Merchant will not present pop-ups advertisements whichdo not clearly link to information about the software that includes instructions forremoval of the service application. This behavior does not apply to anyadvertising that is embedded into a publisher web page (e.g. served as a 3rd

party ad network) with the approval of the web site publisher.4. Merchant will not alter the normal appearance of a website in any manner without

the consent of the user, webmaster or owner in an effort to presentadvertisements to a user or to present contextually related links toadvertisements. Pop-ups, in any form are acceptable, so long as they meetabove criteria for branding and removal.

5. Merchant will not provide software that makes deceptive representations toconsumers, such as that the software removes or prevents spyware/adware,when in fact it installs adware of its own.

6. Merchant will not utilize the user’s computer as a relay for activity such as spamming, Desktop Search spam distribution, DoS attacks, or extended systemcompromising such as accessing another computer without the owner’s authorization.

7. Merchant will not disconnect or alter the user’s internet connection such as dialup to connect the user to a premium rate service or other connection outside of theoriginal ISP connections without their explicit consent and proper notice.

8. Merchant will not attach its software to any Windows or other program or servicein order to prevent the easy removal of the program through Add/removePrograms, unless with the knowledge and consent of the user or the distributor ofthe program to which the software is attached.

9. Merchant will not monitor items such as but not limited to keystrokes, emails,instant messages, capture screenshots, history of open programs and ordocuments without clear and conspicuous notice to, and consent from, the user.

10.Merchant will not gain access or control over a user’s computer without clear andconspicuous notice and explicit consent from the user.

11. Merchant will not include or use any automatic updating feature that materiallychanges the types of information collected, the ways such information is used, orthe persons to whom such information is disclosed without clear andconspicuous notice to the end-user.


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WeatherBug V6.06

12. Merchant will not alter search results, home pages, or search pages outside ofthe standard results provided by the default browser settings without clear andconspicuous notice and user consent.

13. Will not place entries in the users HOSTS file that will redirect or block standardsearches, queries, typed in URLs, and other sites without clear and conspicuousnotice and user consent.


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WeatherBug V6.06

Removal

1. Application (or all active portions of the Application) should be easy to removeusing standard uninstall mechanisms such as Control Panel–Add/RemoveSoftware.

2. Merchant will not require internet access to uninstall applications3. Merchant will not require unnecessary information in order to uninstall including

but not limited to email addresses, names, physical addresses, and otherpersonal information.

4. Merchant will not leave active portions of the program that originated with theinstall resident without clear and conspicuous notice and consent from the user.

5. Merchant will not cause damage to or remove any component of the operatingsystem such as Winsock files.

6. Application will not reinstall itself or portions of itself after it is removed andwithout clear and conspicuous notice to and consent from the user.

Other

1. Merchant agrees to allow TestPros to conduct unannounced, continuous and/orperiodic and/or random monitoring of the tested software for the purposes ofvalidating continued compliance with the above Certification Criteria.


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WeatherBug V6.06

Company Description of Tested Application

(From the home page http://www.weatherbug.com)

FREE live local weather:

Forecasts and radar Severe weather alerts Temperature on your taskbar

Download WeatherBug for PCDownload WeatherBug for MacThe WeatherBug application is free software, supported by sponsors and advertisers. It isNOT adware, does not deliver pop-up or pop-under advertising, nor track user surfinghabits. Please read our Terms of Use and Privacy Policy.

(The following page is accessed by clicking the above link– “WeatherBugapplication” –http://www.weatherbug.com/aws/weatherbug_app.asp)

WeatherBug® Desktop Application

The WeatherBug desktop application is a free weather forecasting and severe weatheralerting software, supported by sponsors and advertisers. It is NOT adware, does notdeliver pop-up or pop-under advertising, nor track user surfing habits. WeatherBug’s presence is indicated by the temperature in the taskbar of the computer. Open theapplication by clicking the temperature, which displays full weather details for a specificlocation.

The WeatherBug download package offers an optional feature, WeatherBug® BrowserBar powered by MyWebSearch, which is a toolbar for the IE browser, providingtemperature readings with shortcuts to activate WeatherBug, and functionality whichprovides combined search results from multiple search engines. To exclude the addedfeature, choose the “Custom Install” option in the installation dialog.

The following page is accessed by clicking the above link – “Click here” –http://www.weatherbug.com/aws/notSpyware.asp

WeatherBug is a safe and secure desktop application that delivers live local weather andlife saving alerts to millions of people a month. WeatherBug does not have, and neverhas had, the capability to track surfing habits or “spy” on its users.

A desktop application allows you to build a relationship with your audience. All desktopapplications serve a purpose of bringing valuable content to customers, pushing outpertinent information, and eliminating the time-consuming “search” aspect of the Web.In this way, people are better able to stay informed of the world around them.

http://ww2.weatherbug.com/download60.asp?dlid=100&ZCode=ZWB60&Email=&ZipCode=&SCode=&STARTCODE=0&BUGSTARTUP=2&secid=1&

http://mac.weatherbug.com/mac_landing/WeatherBug_Lite_Installer.dmg

http://www.weatherbug.com/aws/weatherbug_app.asp

http://www.weatherbug.com/aws/notSpyware.asp

http://www.weatherbug.com/aws/termsOfUse.html

http://www.weatherbug.com/aws/privacyPolicy.asp

http://www.weatherbug.com/aws/weatherbug_app.asp

http://www.weatherbug.com/aws/notSpyware.asp


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WeatherBug V6.06

Why does WeatherBug have advertising?

It is the advertising sponsors that keep WeatherBug free. WeatherBug found a uniqueway to make an ad- supported application “relevant” to each user by allowing them to choose the type of advertising they see every day within the clearly specified limits of theWeatherBug advertising platform. In addition, an “ad-free” version of WeatherBug, called WeatherBug Plus, is available to users for only $19.95 a year. For this price, consumersget all the great features of the free application plus additional premium features in anad-free environment.

Isn't an application that serves ads “Adware?”

One of the big problems with the term “adware” is the lack of a standard definition. We believe that the proper definition of adware is any program that secretly gathers personalinformation through the Internet and relays it back to another computer, generally foradvertising purposes. This is often accomplished by tracking information related toInternet browser usage or habits.

WeatherBug is not “Adware.” WeatherBugis incapable of tracking the trends of itscustomers' Web use or deciphering anything on customers' local or hard drives.WeatherBug does not “snoop” on its users, nor does it have functionality to determinewhat users were doing, where they were before WeatherBug was opened or where theygo after using WeatherBug.

Are desktop applications Safe?

The frequency of Internet desktop applications has increased dramatically in the last fiveyears in many categories, including instant messengers, weather applications, richmedia players (e.g., Real Player and Windows Media Player), and so on. Many of theseproducts are free, supported by advertising, and developed by trusted brands.Unfortunately, the frequency of Internet properties that are not trustworthy or forthright intheir objectives has also increased in recent years. Because of this, protecting the rightsand privacy of our consumer and business users has become a top priority atWeatherBug.

We at WeatherBug are scrupulously careful about the inalienable rights of our millions ofconsumer and business users, and adhere to the strictest standards relating tomeaningful notice, informed consent and user control. Read our Bill of Rights; it's thestrongest in the industry, by far.

We require any software that is integrated with WeatherBug, including the WeatherBugBrowser Companion powered by My Search, to be spyware- and adware-free, too.

In order to insure that your computer is free from spyware and other problemapplications, we recommend downloading and running a detection program. WhileWeatherBug does not endorse any specific detection product, here are links tocompanies with which we are familiar. The developers of these products advertise themas reliable and effective programs for detecting spyware.

http://ww3.weatherbug.com/aws/billOfRights.html


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WeatherBug V6.06

Executive Summary

TestPros was engaged to apply its Spyware Free Certification Testing Process against the freeWeatherBug Version 6.06 desktop weather monitoring application and the WeatherBug BrowserBar Version 2,0,4,1 browser toolbar.

To qualify for Spyware Free Certification from TestPros, application software and web sitesoftware are subjected to extensive testing to verify that they are free of malicious Spyware andviruses at the time of testing.

To ensure the continued safety and integrity of TestPros Certified software, ongoing compliancemonitoring is performed on a regular basis during the Active Certification Period. If the ongoingcompliance monitoring reveals any compliance issues, the Certification is suspended until suchtime that the issue(s) are resolved to TestPros satisfaction.

The following table describes the results of the mandatory testing performed in order to achievecompliance:

SPYWARE-FREE CERTIFICATION TEST RESULTS SUMMARY TABLETested Software: WeatherBug Desktop 6.06 and WeatherBug Browser Bar 2,0,4,1

Mandatory Tests Test Requirement ResultEnd-User Disclosures (EULA and/orother documents), and installation.

Clear, up-front language,easy to understand.

Pass

Installation Tests Installation proceduremeets the Certificationcriteria.

Pass

Behavior Tests All observed behavior andcommunication to/from theWeatherBug software wasin compliance with theproduct EULA.

Pass

Removal Tests Uninstall accomplished viaAdd/Remove Programs.

Pass

WeatherBug software determined to beSpyware Free.

All observed behavior andcommunication to/from theWeatherBug software wasin compliance with theproduct EULA.

Pass

WeatherBug software determined to be“System and Privacy Safe”

WeatherBug can beinstalled and run withoutcompromising systemintegrity or personal privacy

Pass

Our findings have revealed that the WeatherBug Version 6.06 software and WeatherBug BrowserBar 2,0,4,1 software meets all of the requirements prescribed by the TestPros Spyware FreeCertification program.

SPYWARE FREE CERTIFICATION: GRANTEDCertification: Spyware Free–Consumer SafeProduct Certified: WeatherBug 6.06 Desktop Weather Application and WeatherBug BrowserBar .2,0,4,1Date Certified: May 1, 2006Active Certification Period: May 1, 2006–April 30, 2007


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WeatherBug V6.06

Test Results

Installation Tests

The complete set of mandatory Spyware-Free Certification Tests has been run againstthe WeatherBug Desktop 6.0.6 and WeatherBug Browser Bar 2,0,4,1. A summation ofthe test results is provided in the tables below.

INSTALLATION TESTS

Test ID Test CriteriaTest

Result CommentsI1 Merchant will provide user with a

clear notice of all items installedand their functions.

Pass Merchant provides adequatedescription of the desktopapplication and the toolbar. Thisinformation is accessed byclicking on the WeatherBugapplication link in the homepage.

I2 Merchant will not install softwarewithout clear and conspicuousnotice to and consent from theuser. The user, during theinstallation process, must beinformed about the installation andmajor functionality of any and allbundled software.

Pass On the above mentioned page,merchant provides informationabout both the desktop and thebrowser bar, with instructions onhow to selectively install either.

I3 Merchant will not bundle itssoftware into other applicationswithout clear and conspicuousnotice of its inclusion and functionsin the EULA and installation.

Pass

I4 Merchant will not exploit securityvulnerabilities or security settings asconsent to install software withoutnotice. Merchant must make everyeffort to prevent all scenarios wherean installation may occur withoutclear and conspicuous notice.EULA alone is not sufficient.

Pass

I5 Merchant will not install otherapplications that are not easilyremovable through Add/RemovePrograms.

Pass


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WeatherBug V6.06

INSTALLATION TESTS (Cont.)


Result CommentsI6 Merchant will not request personal

information unless it is essential tothe program function, it is forpurposes of authentication orvalidation or it has received expressconsent for any other use. Anyuser data collected will not beshared or used in any way thatcompromises the end-user’s privacy. Use of personallyidentifiable user data for marketingpurposes will only take place withexplicit user consent through opt-in.

Pass Upon installation, the user isrequired to supply gender, emailaddress, zip code, year of birthand connection speed(broadband or dial-up). The onlyessential information is the zipcode and the connection speed.The gender and year of birth areused for advertisingdemographics. Email is used forproduct updates and offers.

I7 Merchant will not automatically optusers in to deals, offers, newslettersand other material of the samenature from the distributor or otherparties without featuring prominentopt-out functionality. User musteither opt-in through check box orother user initiated means, or beoffered a prominent mechanism toopt-out of any marketing relatedactivities prior to being subject tosuch activities.

Pass The user can easily opt-out ofspecial offers and updates.


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WeatherBug V6.06

Installation Tests–Additional Observations

Additional information and observations from the testing of the WeatherBug applicationare listed below.

1. End-User Disclosures (EULA and/or other documents).a. The disclosures describe the function and behavior of both the desktop

application and the browser bar.b. Once installed, the browser toolbar provides excellent disclosure about

the function by clicking thedrop down by the “Search” button on thebrowser tool bar (not the native IE Search button).

2. Personal Information provided by the user.a. Upon installation, the user is required to supply gender, email address,

zip code, year of birth and connection speed (broadband or dial-up). Theonly essential information is the zip code and the connection speed. Thegender and year of birth are used for advertising demographics. Email isused for product updates and offers, which can be declined via checkboxin the installation panels. Random values can be sent without any impacton the functionality.

3. Installation Logsa. WeatherBug lists the installed files in an installation log (INSTALL.LOG)

located in the installation target directory (C:\ProgramFiles\AWS\WeatherBug\).

b. The WeatherBug Browser Bar does not provide an install log.

.


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WeatherBug V6.06

Installation Overview

WeatherBug can only be installed from the internet. The install sequence is as follows:1. User points browser to http://www.weatherbug.com.2. User clicks on “Download WeatherBug for PC”.3. The browser goes to a download page with installation instructions. The browser

(Internet Explorer V6) notifies the user that the site might require an ActiveXcontroller. The user clicks on the notification and the ActiveX component isinstalled.

4. Next the “Internet Explorer – Security Warning”dialog box is displayed “Do you want to install this software”. The user clicks on Install and the installation dialog box appears

5. The user is asked for the zip code.6. A progress dialog box is opened, indicating the downloading progress.7. The EULA appears. The user clicks “Next” to continue.8. The next dialog lets the user choose the installation type: typical or custom.

Typical installation included WeatherBug and the WeatherBug Browser Bar. Thisis the first indication of the browser bar in the disclosures. The user can elect toinstall without the browser bar by choosing “Custom” installation.

9. Another installation progress box appears.10. The registration form appears. The user must complete the required fields:

gender, E-mail, zip code, year of birth, and connection speed. A checkbox isprovided for opting-out of product updates. The default value is checked, so theuser must uncheck it to opt-out. The information the user provides is not verified,nor is it personally identifiable. The user completes the form and clicks “Next”.

11. The WeatherBug Sponsor Select dialog appears. The user picks a category(Insurance, Home & Garden, Hotels, etc.)and clicks “Next”.

12. The user selects a sponsor from a list and clicks “Next”.13.The next dialog is a “Thank you for selecting XYZ as your Sponsor” with information about the selected sponsor. The user clicks “Finish” and the WeatherBug application appears.

14. The next time the Internet Explorer is opened, the WeatherBug Browser Bar isactivated as part of IE.

15. Cookies were used in the course of the transfer. The transfer endpoints included

Directory Number offiles

Size Comment

\Program Files\AWS\WeatherBug 22 files, 1folder

5.4 MB Includes installationlog and uninstallprogram as well as allbinaries.

\Program Files\MyWebSearchWB 15 files, 5folders

431 KB Includes all binaries

\Documents And Settings\<username>\ApplicationData\WeatherBug

9 files 597 KB Bit map images andjpegs.

RegistryFootprint

223 keyscreated, 613valuescreated

Many of these arejust temporary.

http://www.weatherbug.com/


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WeatherBug V6.06

Behavior Tests

BEHAVIOR TESTS


Result CommentsB1 Merchant will not monitor a user’s

online activity, including but notlimited to web pages viewed oraccessed, user selected content,entered keywords or search terms,and relays in whole or part toremote or secondary computer orserver and match that activity to anypersonally identifiable informationwithout clear and conspicuousnotice and consent from the user. IfMerchant collects data about theuser that can be used to personallyidentify the user, the Merchant mustfirst obtain users express consentthrough check box or other means,as described above.

Pass

B2 Merchant will not presentadvertisements which are notclearly branded or identified asoriginating from the Merchantand/or software and/or functionalitythat serves the advertising.

Pass Advertisements appear onlyinside the WeatherBug DesktopGUI.

B3 Each pop-up advertisement servedby Merchant must have a link toinformation about the software thatwould include instructions forremoval of the software that servessaid advertising. Merchant will notpresent pop-ups advertisementswhich do not clearly link toinformation about the software thatincludes instructions for removal ofthe service application. Thisparagraph #3 does not apply to anyadvertising that is embedded into apublisher web page (e.g. served asa 3rd party ad network) with theapproval of the web site publisher.

Pass No pop-ups were observed


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WeatherBug V6.06

BEHAVIOR TESTS (Cont.)


Result CommentsB4 Merchant will not alter the normal

appearance of a website in anymanner without the consent of theuser, webmaster or owner in aneffort to present advertisements to auser or to present contextuallyrelated links to advertisements.Pop-ups, in any form areacceptable, so long as they meetabove criteria for branding andremoval.

Pass

B5 Merchant will not provide softwarethat makes deceptiverepresentations to consumers,such as that the software removesor prevents spyware/adware, whenin fact it installs adware of its own.

Pass

B6 Merchant will not utilize the user’s computer as a relay for activity suchas spamming, messenger spamdistribution, DoS attacks, orextended system compromisingsuch as accessing anothercomputer without the owner’s authorization.

Pass

B7 Merchant will not disconnect or alterthe user’s internet connection such as dialup to connect the user to apremium rate service or otherconnection outside of the originalISP connections without theirexplicit consent and proper notice.

Pass

B8 Merchant will not attach its softwareto any Windows or other program orservice in order to prevent the easyremoval of the program throughAdd/remove Programs, unless withthe knowledge and consent of theuser or the distributor of theprogram to which the software isattached..

Pass


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WeatherBug V6.06

BEHAVIOR TESTS (Cont.)


Result CommentsB9 Merchant will not monitor items

such as but not limited tokeystrokes, emails, instantmessages, capture screenshots,history of open programs and ordocuments without clear andconspicuous notice to, and consentfrom, the user.

Pass

B10 Merchant will not gain access orcontrol over a user’s computer without clear and conspicuousnotice and explicit consent from theuser.

Pass

B11 Merchant will not include or use anyautomatic updating feature thatmaterially changes the types ofinformation collected, the wayssuch information is used, or thepersons to whom such informationis disclosed without clear andconspicuous notice to the user.

Pass No updates were observedduring the test period. The usercan check for updates from thepreferences GUI.

B12 Merchant will not alter searchresults, home pages, or searchpages outside of the standardresults provided by the defaultbrowser settings without clear andconspicuous notice and userconsent.

Pass

B13 Merchant will not place entries inthe users HOSTS file that willredirect or block standard searches,queries, typed in URLs, and othersites without clear and conspicuousnotice and user consent.

Pass


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WeatherBug V6.06

Behavior Tests–Additional Observations


1. WeatherBug Desktop runs as a background process.a. WeatherBug polls the AWS server for updated information once every

300 seconds. The contents of request and response were found to beinnocuous. The entire transaction required on average little more than600 bytes. On a broadband connection, the activity is not noticed. On adialup, WeatherBug can be configured to dial automatically for updates.

b. Communications were monitored for an extended period of time. Allcommunications emanating from WeatherBug were found to becompliant.

2. WeatherBug Browser Bar provides a means to activate WeatherBugDesktop and to perform web searches.

a. Current temperature (of the configured location) is displayed in a button atthe top of the browser along with a WeatherBug bug icon.

b. Clicking on the current temperature opens the desktop application andbrings it to the foreground

c. The search button sends the search term along with a cookie. Thecookie with a user id, a partner (WeatherBug), a primary search enginename (Ask Jeeves, Google etc) and an additional token. These elementswere deemed to be innocuous.

3. WeatherBug Desktop and WeatherBug Browser Bar software, as tested,was determined to satisfy the behavioral requirements for Spyware-Freecertification.

a. All functions and features operated as disclosed in the EULA.b. All communications over the wire to and from the internet were in

compliance with the EULA.


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WeatherBug V6.06

Removal Tests

REMOVAL TESTS


Result CommentsR1 Application (or all active portions of

the Application) should be easy toremove using standard uninstallmechanisms such as Control Panel–Add/Remove Software.

Pass Both the desktop and thebrowser bar were successfullyuninstalled via Control Panel -Add/Remove. In addition, therewere shortcuts to the uninstallprogram for each componentoutside of Add/Remove.

R2 Merchant will not require internetaccess to uninstall applications

Pass

R3 Merchant will not requireunnecessary information in order touninstall including but not limited toemail addresses, names, physicaladdresses, and other personalinformation.

Pass

R4 Merchant will not leave activeportions of the program thatoriginated with the install residentwithout clear and conspicuousnotice and consent from the user.

Pass

R5 Merchant will not cause damage toor remove any component of theoperating system such as Winsockfiles.

Pass .

R6 Application will not reinstall itself orportions of itself after it is removedand without clear and conspicuousnotice to and consent from the user.

Pass


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Removal Tests–Additional Observations


1. WeatherBug software, as tested, was determined to be easy tocompletely remove (“un-install”).

a. The WeatherBug software was successfully uninstalled via Control Panel–Add/Remove. However, a reboot was required to complete the un-installation of the WeatherBug Browser Bar.

b. The desktop left an empty folder C:\Program Files\AWS. This can beremoved manually.

c. The browser bar left a folder with some inactive elements: C:\ProgramFiles\MyWebSearchWB. This was deemed to be harmless and can beremoved manually.


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Appendix-A DISCLOSURES

The EULA comes in two parts:1. Software Use Agreement2. Software Privacy Agreement

A link to the Software Privacy Agreement is provided in the Software Use Agreement.

Software Use Agreement

WEATHERBUG END USER LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS ANDCONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT.

Please read the following terms and conditions before using the software (the "Software")provided by AWS Convergence Technologies, Inc. ("AWS") for use with AWS WeatherBug andAWS WeatherBug Plus products and related services (the "Services"). If you do not agree withthese terms, do not install or use the Software.

If you choose to install the WeatherBug Browser Bar, powered by MyWebSearch, a programmade available by Ask Jeeves, Inc. please also read that (separate) License Agreement, which isappended to the end of this Agreement.

THIS SOFTWARE IS ADVERTISING AND SPONSOR SUPPORTED. The Software is providedfor your use, as described below, free of charge, (unless you have activated the WeatherBugPlus features by purchasing a subscription to that service), and is supported by advertising andsponsorship revenue. Periodically, you may be asked to select a sponsor for a particular sessionof WeatherBug use. If you decide to select a sponsor in this instance, you will be presented withthat sponsor’s marketing message through banner advertisements and/or a visit to a page on the sponsor’s website. Advertisements will generally be displayedwithin the frame of theWeatherBug application. Moreover, we may deliver topical weather reports and news andinformation from our weather experts in separate browser windows that may have advertisementsas well. You will ONLY be shown advertisements from the Software when the Software isactively displaying weather information in a window on your screen.

PRIVACY STATEMENT. The WeatherBug Software requires no personal information (beyondyour zip code) in order to function. We may ask you for additional information, in order topersonalize your experience or deliver more relevant messages to you. In some instances, thisadditional information may be required. If you choose to provide us with additional information, wewill not share it with any third parties unless you expressly give us permission to do so, and willsafeguard it, in accordance with our Privacy Policy.http://www.weatherbug.com/aws/privacyPolicy.html

You understand and agree that in order to make our services functional and robust, the Softwaremay communicate with our servers. THE SOFTWARE DOES NOT MONITOR OR REPORTBACK TO AWS ANY INFORMATION ABOUT WHERE YOU ARE SURFING OR WHAT YOU DOON ANY WEBSITES. The Software communicates only in connection with providing our Servicesor in connection with updates. You hereby consent to such communications. If you wish towithdraw your consent to this communication, please uninstall our Software. You may finduninstall instructions here: http://www.weatherbug.com/aws/support/60faq_uninstall.htm


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CONSENT TO INSTALLATION AND RIGHT TO UNINSTALL. You understand that you mayuninstall any of our Software at any time by using the Windows add/remove programs function.However, by uninstalling the Software, you will be unable to access our Services.You understand and agree that installation of the Software permits the downloading to yourcomputer by AWS of software which allows us to update the Software for the purpose of fixingproduct defects, enhancing the weather warning, alerting or other functionality, or providingenhancements to improve your interaction with the Software, and that such updates may occurwithout notice to you. You agree to accept all such updates and agree that they are and shall begoverned by this Agreement unless superseded by a successor agreement as described inparagraph 12 below.

1. LICENSE GRANT. AWS grants to you a non-exclusive license to use the Software asdescribed below. You may:1.1.1 use the Software on any single computer for personal, non-commercial use unlessotherwise agreed to in writing by AWS;1.1.2 copy the free version of the Software only, without modification for distribution to thirdparties free of charge; and1.1.3 copy the Software for archival purposes, provided any copy must contain all of the originalSoftware's proprietary notices.

You may not:1.2.1 permit other individuals to use the Software except under the terms listed herein;1.2.2 permit concurrent use of the Software;1.2.3 modify, translate, reverse engineer, decompile, disassemble (except to the extentapplicable laws specifically prohibit such restriction) or create derivative works based on theSoftware;1.2.4 copy the Software other than as specified above;1.2.5 rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software;1.2.6 remove any proprietary notices or labels on the Software.1.2.7 compile and/or re-distribute the digital images, videos, graphic elements, articles, contentand/or weather data, historical or current, for any purpose other than private or educational use.As used herein, "educational use" shall mean use by a school or educational facility solely for thepurpose of educating the students enrolled therein.

2. "AS IS" WARRANTY.

2.1 THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTYOF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION,WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE OR NONINFRINGEMENT.

2.2 More specifically, AWS does not warrant that the functions included in the Software or theServices will meet your requirements or that the operation of the Software or the Services will beuninterrupted or error free. AWS does not warrant that files or data sent by or to you will betransmitted in uncorrupted form or within a reasonable period of time. AWS does not warrant theaccuracy of the data, and bears no liability for missing or unavailable data. You bear the entirerisk as to the use, quality and performance of the Software and the Services.

2.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the aboveexclusions or limitations may not apply to you.

3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the datadisplayed by the Software, and the Services shall remain in AWS and/or its licensors. The data,Software and Services are protected by various copyright laws and treaties. Title and relatedrights in the data and Services are the property of the applicablecontent owner(s) and may be protected by applicable law. This License gives you no rights to


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such content.

4. TERMINATION. The license will terminate automatically if you fail to comply with the limitationsdescribed herein or if the Services are terminated or expire. On termination of this license, youmust destroy all copies of the Software in your possession or control.

5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAYNOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITEDBY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THESOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FORCOMPLIANCE WITH THE FOREGOING.

6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGALTHEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICENSORS BE LIABLETO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, ORCONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE ORMALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IFAWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FORANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TOLIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THEEXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TOYOU.

7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufacturedor intended for use or resale as on-line control equipment in hazardous environments requiringfail-safe performance, such as in the operation of nuclear facilities, aircraft navigation orcommunication systems, air traffic control, direct life support machines, or weapons systems, inwhich the failure of the Software could lead directly to death, personal injury, or severe physicalor environmental damage ("High Risk Activities"). AWS and its licensors specifically disclaim anyexpress or implied warranty of fitness for High Risk Activities.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by theGovernment is subject to restrictions set forth in subparagraphs (a) through (d) of the CommercialComputer-Restricted Rights clause at FAR51.227-19 when applicable, or in subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.Contractor/manufacturer is AWS, Inc., 2-5 Metropolitan Court, Gaithersburg, MD 20878.

9. THIRD-PARTY SOFTWARE. Installation and use of any plug-ins or other third-party softwareare subject to the terms and conditions of any licenses distributed with or relating to such plug-insor third-party software.

10. WEATHERBUG PLUS subscription services (terms and conditions below) are free of third-party advertisements and include enhanced and customizable features that the advertising-supported version does not include.

ADVERTISING FREE-WEATHERBUG PLUS SUBSCRIPTION SERVICES. The software isprovided for your use, as described above, advertising-free for an annual subscription fee.

PLEASE READ THE FOLLOWING WEATHERBUG PLUS SUBSCRIPTION POLICIES ANDPROCEDURES CAREFULLY. BY SUBSCRIBING TO THIS PRODUCT AND/OR CLICKING ON"ACCEPT" BELOW, YOU ARE AGREEING TO THESE TERMS.


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Pricing Policy-*If you have downloaded the product, a subscription charge of $19.95 for a 12-month subscriptionwill be charged to Visa, MasterCard, or American Express. This fee includes an annualprocessing and billing fee of $3.75.

*Allow up to 24 hours after the subscription process is completed for WeatherBug Plussubscription services to become available.

Subscription Initiation/Personal Activation Code-

*Upon subscription and credit card verification new subscribers will receive an introductory emailwith a billing summary and Personal Activation Code. It will be necessary to reference thePersonal Activation Code in all correspondence relating to WeatherBug Plus billing and technicalissues.

*Personal Activation Codes are sent to subscribers of WeatherBug Plus. Subscribers mayactivate a WeatherBug Plus subscription on up to two computers using the Personal ActivationCode that is sent in the introductory email. In both cases the subscriber must be the primary userof the computer.

*NOTE: Keep Personal Activation Codes secure from unauthorized access. Unauthorized use ofPersonal Activation Code will deactivate WeatherBug Plus features. To report fraudulent use,email us at [email protected].

Renewal Policy-

*WeatherBug Plus subscriptions that were initiated through a downloaded product will renewautomatically on the anniversary of each 12-month subscription period. At renewal thesubscriber's credit card that was originally used to order a subscription is charged for the next 12-month term. Disruption or termination of subscription services will occur if charges are notreceived due to a closed or invalid credit card. If for any reason subscriber's credit card isrejected subscriber may receive an email, requesting a valid credit card number to continue theirWeatherBug Plus subscription.

Refund Policy and Procedures-

*30 Day Risk Free Policy-Within the first 30 days of any 12-month subscription period thesubscriber may request, and will be granted, a refund for the entire WeatherBug Plus annualsubscription fee of $19.95 (includes annual processing and billing fee of $3.75).

*Under no circumstances will refunds be granted for any prior 12-month subscription period or forthe remainder of the days within the calendar month in which a refund is requested (unlessrequested in first 30 days of subscription). All refunds will be credited to the original credit cardused when subscribing to WeatherBug Plus. To request a refund subscribers should [email protected] and request a refund by including their Name, Address, Phone,Email, and Activation Code.

Credit Card Liability

*Paymentech administers WeatherBug Plus credit card authorization and charges. WeatherBugand/or AWS Convergence Technologies, Inc are not responsible for any unauthorized use ofcredit card information by Paymentech personnel.

11. AMENDMENT. AWS may, in its sole discretion, change, modify, add or remove portions ofthis license at any time. AWS may notify you of any such changes by posting notice of suchchanges on the WeatherBug website(s) or sending notice via e-mail, postal mail or other means.


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Your continued use of the Service following notice of such change shall be deemed to be youracceptance of any such modification. If you do not agree to any such modification, you mustimmediately stop using the Software and the Services.

12. MISCELLANEOUS. This Agreement represents the complete agreement concerning thesubject matter hereto. If any provision of this Agreement is held to be unenforceable, suchprovision shall be reformed only to the extent necessary to make it enforceable. This Agreementshall be governed by Maryland law (except for conflict of law provisions). The application of theUnited Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

End User License Agreement for Wireless Communication Devices

IMPORTANT - READ CAREFULLY BEFORE ACCESSING, DOWLOADING, OR USINGSOFTWARE OR DATA (EACH AS DEFINED BELOW) : By accessing, downloading, or using theWeatherBug ("WeatherBug") WAP 2.0, Mobile Alerts (SMS), Java (J2ME), Smartphone orsubsequent Application(s) for wireless communications devices (the "Software") and/or anyWeatherBug Data and other content accessed therewith accessed by wireless communicationsdevices (the "Data"), you ("YOU") agree to be and are hereby bound by the terms and conditionsof this End User License Agreement (this "Agreement"). If applicable, You must also agree tocertain terms and conditions relating to Your subscription to the Software and Data, as may berequired by third parties acting on behalf of WeatherBug (the "Third Party Subscription Terms"). IfYou does not agree to the terms and conditions of this Agreement (and the Third PartySubscription Terms, if applicable), You should not access, receive, download, sync, use orpossess the Software and/or Data and must immediately destroy any and all copies of theSoftware and Data and/or Content made by You.1. Grant of license. WeatherBug hereby grants to You a non-exclusive license to use theSoftware and/or Data subject to the following terms: You may: (a) install the Software on onewireless communications device (and use the Software and Data for personal, non-commercialpurposes only; (b) access the Software and Data via wireless communications device; (c) viewthe Software and Data on the screen of such wireless communications device; You may not use,or permit other individuals or entities to use, the Software and Data except under the termsexpressly listed above. Without limiting the foregoing sentence, You shall not permit any otherindividual or entity to: (a) use the Software and Data for service bureau, time-sharing or othersimilar purposes; (b) use the Software and Data following expiration or termination of theapplicable subscription period; (c) modify, translate, reverse engineer, decompile, disassemble orcreate derivative works based upon the Software and Data (d) copy the Software and Data(except as permitted above); (e) rent, lease, sell, offer to sell, distribute, or otherwise transferrights to the Software and Data; and (f) remove any proprietary notices or labels on or relating tothe Software and Data. You acknowledge that WeatherBug has the right to remove listings,restrict access, terminate and otherwise modify the services provided by WeatherBug for anyreason, including but not limited to a breach of any of the terms of this Agreement or the ThirdParty Subscription Terms if applicable.2. Enhancements and Updates. This license does not grant You any right to any enhancement orupdate of the Software and Data and any other licensed material contemplated by thisAgreement. 3. Protection of Intellectual Property Rights. WeatherBug and/or its suppliers andlicensors retains all rights, title and interest, including without limitation, rights of trademark andcopyright in the Software and Data, the trademark WeatherBug and WeatherBug.com; any othertrademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietaryproducts owned by WeatherBug. The Data and all rights thereto, are the property of WeatherBugand are protected by applicable copyright or other law. This license gives You no rights to suchContent or Data. You shall not claim any rights including without limitation, trademark orcopyrights in any Software or Data.4. Termination. This Agreement shall terminate automatically if You fail to comply with any of theterms and conditions described in this Agreement. No notice shall be required from WeatherBugto effectuate such termination. In addition, WeatherBug may terminate this Agreementimmediately for any breach by You of the Third Party Subscription Terms, if applicable. On


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termination, You must promptly destroy any and all copies of the Software and Data and/orContent. In the event of any termination by WeatherBug pursuant to this Section, You shall not beentitled to any refund of pre-paid subscription fees.5. DISCLAIMERS. YOU ACCESS AND USE OUR SOFTWARE AND DATA AND ANY OTHERCONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLERISK. WE PROVIDE THE SOFTWARE AND DATA ON AN "AS IS," AND "AS AVAILABLE"BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY,INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT,ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THESERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OURAPPLICATIONS OR SERVICES. NEITHER WE NOR OUR DIRECTORS, OFFICERS,EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS,FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDINGDATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANYREPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE,ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS ORTHE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDEDTHEREBY, OR (B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE ORWILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THATERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BECORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICESOR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE,ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WE MAKE NOWARRANTY THAT THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASEDTHROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR THATANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THISDISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.IN ADDITION, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES ORAFFIRMATIONS THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED ASTHE REPORTS, FORECASTS, DATA, OR INFORMATION STATE, REPRESENT OR DEPICTAND IT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANYOTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANYINCONSISTENCY, INACCURACY, OR OMISSION FOR WEATHER OR EVENTS PREDICTEDOR DEPICTED, REPORTED, OCCURRING OR OCCURRED. YOU ARE ADVISED ANDINFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS,ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISEDOF SAME. YOU ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TOPRESERVE LIFE OR PROPERTY. 6. WAIVER OF DAMAGES. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEATHERBUG OR ITSSUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYINDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE,LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSSOF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THE AGREEMENT ORTHE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDERREGARDLESS OF THE FORESEEABILITY THEREOF.7. Governing Law & Jurisdiction. The parties agree to submit to the Maryland Courts only, for anydispute arising out of this Agreement or related thereto, and consent to the jurisdiction of saidCourts and further agree that any and all matters of dispute shall be adjudicated, governed andcontrolled under and by Maryland law and this paragraph shall supersede any conflicting choiceof law rules.8. Severability. In the event any term of this Agreement is found by any Court to be void orotherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable asthough such term were absent upon the date of its execution as long as a party's rights under this


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Agreement are not materially affected. In lieu of the unenforceable provision, the parties willsubstitute or add as part of this Agreement a provision that will be as similar as possible ineconomic and business objectives as was intended by the unenforceable provision.9. Export Restrictions. You acknowledge that the software, data and other underlying informationor technology licensed hereunder is subject to the export control laws and regulations of theU.S.A., and any amendment thereof. You acknowledges that no software, data and otherunderlying information or technology licensed hereunder may be accessed, downloaded, used,possessed or otherwise exported or re-exported into (or to a national or resident of) Angola,Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. hasembargoed goods, or anyone on the U.S. Treasury Department's list of Specially DesignatedNationals or the U.S. Commerce Department's Table of Denial Orders.10. Entire Agreement. This Agreement represents the entire agreement of the parties heretorelated to the subject matter hereof and any prior agreements, promises, negotiations, orrepresentations, whether oral or written, not expressly set forth in this Agreement are of no forceand effect. This Agreement may be modified only in writing, any such modification being signedby both parties.11. Waiver. Any waiver hereunder must be made in writing, and failure at any time to require theother party's performance of any obligation under this Agreement will not affect the rightsubsequently to require performance of the obligation.12. Assignment. Neither this Agreement nor any rights or obligations of You hereunder may beassigned or delegated by You, to any other person or entity without the prior express writtenconsent of WeatherBug.13. Events Beyond WeatherBug's Control. WeatherBug shall not be held responsible for anyfailure or malfunction in power or communications nor the failure or refusal of any third party,including without limitation, third party transmission intermediaries to perform, continue or renewtheir contractual arrangements with WeatherBug, nor inability to perform occasioned by such orby labor strife, war, riot or other events beyond the control of WeatherBug. The unavailability ofSoftware of Data from WeatherBug's source suppliers shall not be considered a disruption ofservices and shall not affect the obligations of You hereunder.

June 1, 2005

WeatherBug Browser Bar, powered by MyWebSearch License Agreement:

END USER LICENSE AGREEMENT/PRIVACY POLICY/TERMS OF SERVICES FORMYWEBSEARCH BY ASK JEEVES, INC.

IMPORTANT -- PLEASE READ CAREFULLY

SHORT PLAIN ENGLISH SUMMARY OF END USER LICENSE

This is a legal contract between you and Ask Jeeves, Inc. You must agree to this contract andabide by its terms in order to download and use MyWebSearch. You must be 18 years of age inorder to agree to this contract. IF YOU ARE NOT YET 18, YOU MUST ASK YOUR PARENT ORGUARDIAN TO DOWNLOAD MYWEBSEARCH FOR YOU.

By agreeing to this contract, software with the following features will be placed onto yourcomputer:

SEARCH BOX: This is a toolbar that will help you search the Internet using various searchengines.

In addition, an Easy Installer will be downloaded to install this software. It is automatically deleted


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the first time you turn off your computer after installation of the above-described products.

THIS PRODUCT AND ALL THE FEATURES CONTAINED IN IT ARE FREE.

NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED.

NEITHER THIS PRODUCT NOR ANY OF THE FEATURES CONTAINED THEREIN ARESPYWARE OR ADWARE. THEY WILL NOT WATCH HOW YOU USE YOUR COMPUTER.THEY WILL NOT DELIVER POP-UP ADS.

THIS PRODUCT CAN BE EASILY UNINSTALLED IF YOU LATER DECIDE YOU DO NOTWANT IT. If you want to uninstall this product, click on the "Start" button; then click on the"Settings" button, then click on the "Control Panel" button, then click on the "Add or RemovePrograms" button, then look for MyWebSearch, and click on the "Change/Remove" button.

WHAT FOLLOWS NOW IS THE END USER LICENSE AGREEMENT WHICH IS THE FORMALCONTRACT DESCRIBED ABOVE THAT OUR LAWYERS MAKE US INCLUDE.

1. License Grant

Subject to the terms and conditions of this Agreement, Ask Jeeves, Inc. ("ASK JEEVES") and itsparent and subsidiary companies (collectively, "Licensor", "we", "us" or "our") grant you a non-exclusive, revocable, limited license, to (a) download and install the most current generallyavailable version of the Software (including all updates thereto), and (b) use the Software youdownload and install solely for your personal, non-commercial purposes.

2. License Conditions

You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy foryour own backup purposes), or in any way transfer the Software or use the Software for thebenefit of any third party through any outsourcing or time-sharing arrangement or through theoperation of any service bureau. You may not modify, reverse-engineer, decompile,disassemble, or otherwise discover the Software, or attempt to do so for any reason. Further,you may not access, create or modify the source code of the Software in any way. You do nothave the right to and may not create derivative works of the Software. All modifications orenhancements to the Software remain the sole property of Licensor. You understand that we, inour sole discretion, may modify or discontinue or suspend your right to access any of our servicesor use the Software at any time, and we may at any time suspend or terminate any licensehereunder and disable the Software or any of its component features.

We reserve the right to add additional features or functions to the existing Software. Wheninstalled on your computer, the Software periodically communicates with our servers. We mayrequire the updating of the Software on your computer when we release a new version of theSoftware, or when we make new features available. This update may occur automatically orthrough other means and may occur all at once or over multiple sessions. You understand thatwe may require your review and acceptance of our then-current END USER LICENSEAGREEMENT/TERMS OF SERVICE/PRIVACY POLICY before you will be permitted a limitedlicense for any subsequent versions of the Software. You acknowledge and agree that we haveno obligation to make available to you any subsequent versions of the Software.

3. Ownership

You acknowledge and agree that the Software is licensed, not sold to you by Licensor. Youacknowledge that the Software, including all code, content, protocols, software, anddocumentation provided to you by Licensor in conjunction with the Software or our services areLicensor's property or the property of Licensor's licensors, and are protected by U.S. and


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international copyright, trademarks, patents and other proprietary rights and laws relating toIntellectual Property Rights. "Intellectual Property Rights" means, collectively, rights underpatent, trademark, copyright and trade secret laws, and any other intellectual property orproprietary rights recognized in any country or jurisdiction worldwide, including, without limitation,moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or otherproprietary rights notice we have placed on the Software. All rights not expressly grantedhereunder are expressly reserved to Licensor and its licensors.

4. Content and Infringement

You understand that all content, including, without limitation all data, links, articles, search results,graphic or video messages and all information, text, software, music, sound, graphics or othermaterials ("Content") made available or accessible through the Software or our services, whetherpublicly available or privately transmitted, is the sole responsibility of the entity from whom itoriginated. You understand and agree that by using the Software, such as by clicking through toa third-party website by following a search results link, you may be exposed to Content that maybe offensive, indecent or objectionable in your community. You agree to accept all risksassociated with the use of any Content, including any reliance on the accuracy or completenessof such Content. Under no circumstances will Licensor be liable in any way for any Contentcreated by or originating with entities other than Licensor, including, but not limited to, any errorsor omissions in any such Content, or for loss or damage of any kind incurred as a result of thetransmission or posting of such Content by means of the Software.

We are not responsible for any Content such as audio, video, text or any other, files owned byusers of the Software. The Software is exposed to various security issues, and should beregarded as unsecure. By accepting this Agreement, you acknowledge and accept that theSoftware, and any information you download or offer to share by means of the Software, may beexposed to unauthorized access, interception, corruption, damage or misuse, and should beregarded as insecure. You accept all responsibility for such security risks and any damageresulting therefrom.

In addition, all Content made available or accessed through the Software is the property of theapplicable Content owner and may be protected by applicable laws including without limitationthose relating to Intellectual Property Rights. This Agreement gives you no rights to suchContent.

Licensor respects and expects its users to respect the rights of copyright holders. On notice,Licensor will act appropriately to remove Content under our control that infringes the copyrightrights of others. Licensor reserves the right to disable the access to the Software and ourservices by anyone who uses them to repeatedly infringe the Intellectual Property Rights ofothers. If you believe that our services contain elements that infringe your copyright rights,please follow our Notice and Procedure for Making Claims of Copyright Infringement contained inSection 17 below, for the website from which the Software was downloaded (the "Website").

5. Installation, Operation and Removal.

UPON INSTALLATION OF THE FUN WEB PRODUCTS/MYWEBSEARCH PRODUCT, THEFOLLOWING FEATURES WILL BE ADDED TO YOUR BROWSER:

SEARCH BOX will: add a toolbar to your Internet browser. The browser toolbar is customizableand will provide you with easy access to search results from several of the best search engineson the Internet.

THE SOFTWARE (INCLUDING ALL FEATURES) CAN BE UNINSTALLED FROM THE "ADDOR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL, WHERE ITIS LISTED AS "MY WEB SEARCH BROWSER."


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The Software does not collect any personal information about you (such as your name, emailaddress, etc.). Further, the Software does not: (a) collect or report back to us any informationabout sites you visit on the Internet; (b) collect or "screen-scrape" any search queries orinformation that you provide to any other web sites; (c) serve pop-ups when you are on otherwebsites; or (d) collect or report back to Licensor any data regarding your computer keystrokes orother data unrelated to the services the Software provides.

The Software, in the course of processing a given search query, sends a request to our servers.This request includes the keyword query, time of day, browser type, default language setting, IPaddress, an anonymous unique ID, and a code which identifies the distribution source of theSoftware used by you to conduct your search. We use this information in order to properlyprocess your search request. For example, this data provides us with: information on whichlanguage you prefer to use; aggregated click information for the purpose of ensuring that oursearch partners are appropriately compensating us; information that allows us to make accuratepayments to our distributors; aggregated usage and retention information; and aggregated searchquery information for the purpose of further monetizing commercially oriented search keywords.

Importantly, all information collected from a search query is recorded on a non-personallyidentifiable basis and is kept strictly anonymous. In addition, all information about search activityis evaluated only on an aggregated basis (excepted in response to a customer service inquiry orlegal process), and we do not disclose any non-aggregated information to third parties, except asrequired by a valid legal process such as a search warrant, subpoena, statute, or court order, orto protect someone's safety.

The Software also uses "cookies". We do this for two reasons. First, we use the cookies to storea code designating a distribution source for the Software. This information allows us to properlydistinguish Software for purposes of compensating third parties who distribute our product and toanalyze retention and usage on an aggregated basis. Second, the Software uses cookies tostore user preferences. For example, we use a cookie to record which search engine you haveselected as your default provider. We do not use cookies to track your use of the Internet in anyother way or to store any personally-identifiable information, and we do not disclose cookieinformation to third parties, except as required by a valid legal process such as a search warrant,subpoena, statute, or court order or to protect someone's safety.

The Software also sends a configuration request when you start your browser. This request isapproximately 5k in size and includes only anonymous data such as IP address, browser type,and information about the specific release date and distribution source of your Software, asoutlined above. Again, all of this information is kept strictly anonymous, is non-personallyidentifiable, and is used only for purposes of delivering search services and content inaccordance with your preferences and providing us with data on an aggregated basis relating toretention, usage, and monetization.

If you wish to withdraw your consent to the communication and data usage as described herein,you should uninstall the Software from your computer. You may uninstall or remove the Softwareat any time by following the instructions on the Website, or using the Windows add/removeprograms function to remove the Software. Each of the Software's component features can behidden or deactivated using the dropdown menu on the toolbar which the Software installs in yourInternet browser.

6. Privacy Policy

This privacy policy applies to the Software and each of the related web sites (the "Web Sites")maintained by ASK JEEVES ("we" or "us"). In the event of any inconsistency between thisprivacy policy and a policy listed on one of the other Web Sites, this policy shall control.


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We do not collect any personally identifiable information (such as names or email addresses)about users of the Software or the Web Sites ("you"). We do not sell, rent or trade any personallyidentifiable information you provide when using the Software or the Web Sites.

If you choose to provide us with an email address, we will not send an email to you unless youspecifically request an email response to a customer service inquiry or contact is required in orderto protect someone's safety or to enforce our Terms of Service. You are not required to providean email address to use the Software or the Web Sites.

When you visit the Web Sites, we may place a small text file–called a "cookie"–on yourcomputer that allows us to identify your Web browser. We use cookies to improve the quality ofour service, and to store your preferences and settings. Importantly, a cookie does not allow usto obtain any personally identifiable information (such as your real name or address) unless youhave specifically provided such information when using the Web Sites or the Software.

We also capture your source IP address which is a standard practice for most internet sites. Wein no way associate your IP address with any cookies and do not use your IP address inconjunction with any personally identifiable information.

If any of the Web Sites or the Software is ever sold or all or substantially all of the assets relatingto a Web Site or the Software are transferred to another entity, we may transfer all informationprovided by or collected from you, including personally identifiable information, in order to ensurecontinuity of your service.

We will disclose information, including personally identifiable information, data acquired bycookies, and other data, where required by a subpoena, interception order or other lawfulprocess. We also reserve the right to disclose such information when we believe, in our solejudgment and to the extent consistent with applicable law, that such disclosure is necessary toprotect the rights or safety of others or to enforce, or protect our rights under, this Agreement.

7. Your Obligations

You represent and warrant that you are either the owner or an authorized user of the computerwhere the Software is installed. No registration is required to use the Software. However, if youelect to provide any information in connection with the use of any other services Licensor offers,you agree to provide and to maintain fully accurate, complete and current information. If Licensorhas reasonable grounds to suspect that such information is inaccurate, not current or notcomplete, Licensor has the right to suspend or terminate your use of the Software or our services,and pursue any appropriate legal remedies. You agree that we shall have the right to use theinformation you provide to us for the purposes described in this Agreement and in furtherance ofyour use of our services. You may use our services only for lawful purposes. The servicesdescribed herein are subject to, and you agree that you shall at all times comply with, all local,state, national, and international laws, statutes, rules, regulations, ordinances and the likeapplicable to use of the Licensor services and Software. You agree not to use the Software orany other services provided by Licensor to conduct any business or activity or solicit theperformance of any activity, which is prohibited by law, or any contractual provision by which youare bound.

8. Access and Interference; Passwords

You agree that you will not use any robot, spider, other automatic or manual device or process tointerfere or attempt to interfere with the proper working of any of our Software, services orcontent, except to remove our Software from a computer of which you are an owner or authorizeduser. You may not violate or attempt to violate the security of our services. We reserve the rightto investigate occurrences which may involve such violations, and may involve, and cooperate


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with, law enforcement authorities in prosecuting users who have participated in such violations.You agree that it is your responsibility to install anti-virus software and related protections againstviruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have theeffect of damaging, destroying, disrupting or otherwise impairing a computer's functionality oroperation.

In order to access certain services which may from time to time be offered by Licensor, you maybe required to accept additional terms and conditions and/or, establish an account including anunique identification code or name (an "ID") and password (a "Password"). You are the sole andexclusive owner of any Password and ID combination issued or chosen by to you. Maintainingthe confidentiality and security of your Password(s) and ID(s) is solely your responsibility. Youare fully responsible for the use and protection of each Password and ID issued to or chosen byyou and for all transactions undertaken by means of any account opened, held, accessed or usedvia such Password and ID. You shall notify us immediately and confirm in writing anyunauthorized use of accounts or any breach of security, including without limitation any loss, theftor unauthorized use of your Password(s), and/or ID(s) or any related account. If we havereasonable grounds to suspect that the security of your Password and/or ID has beencompromised, we have the right to suspend or terminate your account, refuse any and all currentor future use of the services, and pursue any appropriate legal remedies. We shall not beresponsible for any losses incurred in connection with any misuse of any Password or ID.

9. Submissions

If at our request you send content (e.g., postings, contest submissions, polling questions) or yousend us creative suggestions, ideas, notes, drawings, or other information (collectively, the"Submissions"), such Submissions shall be deemed, and shall remain, the property of ASKJEEVES. None of the Submissions shall be subject to any obligation of confidence on the part ofASK JEEVES, and ASK JEEVES shall not be liable for any use or disclosure of any Submissions.Without limitation of the foregoing, ASK JEEVES shall exclusively own all now known or hereafterexisting rights to the Submissions of every kind and nature throughout the universe and shall beentitled to unrestricted use of the Submissions for any purpose whatsoever, commercial orotherwise, without compensation to the provider of the Submissions.

10. Links and Search Results

The Software may provide, or third parties may provide, search results or other links to otherWorld Wide Web sites or resources. Because we have no control over such sites and resources,you acknowledge and agree that we are not responsible for the availability of such external sitesor resources, and do not endorse and are not responsible or liable for any Content, advertising,products, or other materials on or available from such sites or resources. You furtheracknowledge and agree that we shall not be responsible or liable, directly or indirectly, for anydamage or loss caused or alleged to be caused by or in connection with use of or reliance on anysuch Content, goods or services available on or through any such site or resource.

11. Disclaimer of Warranty

YOUR ACCESS AND USE OF THE SOFTWARE AND SERVICES AND ANY CONTENTAVAILABLE THROUGH OUR SOFTWARE, SERVICES OR ON OUR WEBSITES AT YOURSOLE RISK.

WE PROVIDE THE SOFTWARE AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE"BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY,INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT,ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT.


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WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICESPROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR SOFTWARE OR OURSERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THEUSE OF THE SOFTWARE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATATHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES,AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES,INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARINGORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, ORSERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) ASTO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY ORCONTENT OF THE SOFTWARE OR LICENSOR'S SERVICES OR ANY INFORMATION,SERVICE OR TRANSACTION PROVIDED THEREBY, (B) THAT THE SOFTWARE ORLICENSOR'S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTEDOR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THESOFTWARE OR THE SERVICES WILL BE CORRECTED, OR (D) THAT WE WILLRECOGNIZE ANY OCCURRENCE OF IDENTITY THEFT. WE ALSO DO NOT WARRANTTHAT THE SOFTWARE OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGHTHE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANYPARTICULAR JURISDICTION.

ASK JEEVES MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATEDWORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OFTHE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY,CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANYSEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLECONTENT.

PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM ASKJEEVES PERSONNEL OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTYNOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. INSUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOUINSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THISAGREEMENT.

12. Termination

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

We may terminate this Agreement or your account (or any part thereof), disable the Software orcease providing any service at any time in our sole discretion. You agree that we shall not beliable to you or any third-party for any termination or disabling of the Software.

13. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL LICENSOR ORITS AFFILIATES, OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANTPARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY",


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COLLECTIVELY, "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS ORLOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSORHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEFARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO: (i) YOUR USE OR THEINABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTEGOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,SERVICES OR SOFTWARE PURCHASED OR OBTAINED OR MESSAGES RECEIVED ORTRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANYOTHER MATTER RELATING TO THE SOFTWARE. IN NO EVENT SHALL OUR TOTALLIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER INCONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISEEXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.)

SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANYREASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART,THEN THE PROTECTED PARTIES’ AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATEDTO THE SOFTWARE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THELESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BYLICENSOR PER YOUR USE OF THE SOFTWARE PER MONTH AS CALCULATED BYLICENSOR BASED ON THE SUE OF THE SOFTWARE (AND NOT OTHER PRODUCTS ORSERVICES OFFERED BY LICENSOR) MULTIPLIED BY THE NUMBER OF COMPLETEMONTHS YOU HAVE BEEN A SOFTWARE USER. THE PROTECTED PARTIES ASSUME NOLIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TOPAY COSTS, DAMAGES OR ATTORNEYS’ FEES FOR, ANY CLAIM BASED UPON: (A) ANY METHOD OR PROCESS IN WHICH THE SOFTWARE MAY BE USED BY YOU; (B) ANYRESULTS OF USING THE SOFTWARE; (C) ANY USE OF OTHER THAN A CURRENTUNALTERED RELEASE OF THE SOFTWARE; OR (D) THE COMBINATION, OPERATION ORUSE OF THE SOFTWARE WITH THIRD PARTY PROGRAMS OR DATA.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THELIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OURLIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ASK JEEVES, ITS PARENTS,AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES,CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY,DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OFSERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOURACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON ORENTITY. YOU AGREE TO IMMEDIATELY NOTIFY ASK JEEVES OF ANY UNAUTHORIZEDUSE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

15. Export Controls

The Software and the underlying information and technology may not be downloaded orotherwise exported or re-exported (a) into (or to a national or resident of) any country to which theU.S. has currently embargoed goods; or (b) 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


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downloading or using the Software, you agree to the foregoing and you represent and warrantthat you are not located in, under the control of, or a national or resident of any such country oron any such list, and that you will otherwise comply with all applicable export control laws.

16. Notice to Government End Users

Any Software, software and documentation hereunder downloaded or otherwise installed for oron behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that terms 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. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S.Government shall have only those rights specified in the license contained herein. The U.S.Government shall not be entitled to (i) technical information that is not customarily provided to thepublic or to (ii) use, modify, reproduce, release, perform, display, or disclose commercialcomputer software or commercial computer software documentation except as specified herein.Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth insubparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software–Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

17. Notice and Procedure for Making Claims of Copyright Infringement

ASK JEEVES respects the intellectual property of others, and we ask our users to do the same.If you believe that your work has been copied in a way that constitutes copyright infringement,please provide our Copyright Agent with the following information:

- an electronic or physical signature of the person authorized to act on behalf of theowner of the copyright interest;- a description of the copyrighted work that you claim has been infringed;- a description of where the material that you claim is infringing is located on the site;- your address, telephone number, and email address;- a statement by you that you have a good faith believe that the disputed use is notauthorized by the copyright owner, its agent, or the law;- a statement by you, made under penalty of perjury, that the above information in your

Notice is accurate and that you are the copyright owner or authorized to act on the copyrightowner’s behalf.

Please contact ASK JEEVES’ Copyright Agent for Notice of claims of copyright infringement as follows:

Annie Cappeller c/o ASK JEEVES, Inc. (My Web Search Product) P.O. Box 228 Irvington, N.Y.10533 914-591-0204 [email protected].

18. Applicable Law

The substantive laws of the State of California in the United States of America, without regard toconflict of laws principles, shall govern all matters relating to or arising from this Agreement, andthe use (or inability to use) any or all of the services or the Software. Subject to the disputeresolution procedures set forth below, you hereby submit to the exclusive jurisdiction and venueof the appropriate State and Federal courts located in San Francisco County, California, withrespect to all matters arising out of or relating to this Agreement. The United Nations Conventionon Contracts for the International Sale of Goods does not apply to this Agreement. You agreethat regardless of any statute or law to the contrary, any claim or cause of action arising out of orrelated to use of the Licensor service, the Software, or this Agreement must be filed within one (1)year after such claim or cause of action arose or be forever barred.


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19. Arbitration

Any claim or controversy arising out of or related to this Agreement, or the products or serviceswe provide or distribute shall be settled by individual binding arbitration in accordance with therules of the American Arbitration Association then effective. Any such claim or controversy shallbe arbitrated on an individual basis and shall not be consolidated with a claim of any other party.Further, in any such dispute, under no circumstances will you be permitted to obtain awards for,and you hereby waive all rights to claim punitive, incidental or consequential damages, and youfurther waive all rights to have damages multiplied or increased. This shall not preclude Licensorfrom seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitrationshall take place in San Francisco, California or such other location as the parties may mutuallyagree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award renderedby the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) willeach be a natural person who has never been employed (either as an employee or as anindependent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, andwill be generally familiar with the business of the parties. The arbitrator(s) may upon requestexclude from use in the arbitration proceeding any evidence not made available to the other partypursuant to a proper discovery request. The cost of the arbitration will be borne equally by theparties. The parties, their representatives, other participants, the arbitrator(s) and theadministrator(s) of the arbitration will hold in confident the existence, content and outcome of thearbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) theparties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv)any party’s right to appear or to seek modification of ruling by the arbitrators is strictly limited.

20. Successor Agreements

The terms of this Agreement may change from time to time. You should check back at theWebsite regularly to determine if any material changes have been made. We will prominentlypost material changes on the Website at least 14 days prior to the effective date of the changeand will also attempt to provide you with an on-line notice informing you when such materialchanges have been made to this Agreement, which notice shall contain an active link that youcan use to view a web page containing or linking to the revised Agreement. You agree that yourcontinued use of the Software or our services after the effective date of any change will constituteyour affirmative consent to this revised Agreement. If you do not accept such revisions, you mustremove the Software from your computer and cease all access to and use of your serviceshereunder.

21. Other Agreements

If you have executed another license agreement with us with respect to this Software, thennotwithstanding any other term in this Agreement the terms of that license agreement shallcontrol your use of the Software.

22. General

This Agreement, as modified from time to time as described above, sets forth the entireunderstanding and agreement between the parties. Without limiting any other remedy availableto us, we may suspend or terminate this Agreement and your access to the Software or ourservices under this Agreement if we have reason to believe that you have failed to comply withyour obligations under this Agreement. Upon termination, cancellation, suspension or expirationof this Agreement for any reason and by either party, you agree to cease all use of the Softwareand our services. You shall not thereby be entitled to any refund or credit. No delay or failure toenforce any provision of this Agreement will constitute a waiver of such provision by Licensor oract as estoppel against later enforcement. You may not assign any of your rights or delegate any


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of your obligations under this Agreement without the prior written consent of Licensor. Licensorshall not be deemed to be in breach of this Agreement due to any delay or failure of performanceor interruption in the availability of its services resulting directly or indirectly from any act of natureor other cause beyond the reasonable control of Licensor. If any provision of this Agreement isfound by a court of competent jurisdiction to be invalid, the parties nevertheless agree that thecourt should endeavor to give effect to the parties' intentions as reflected in such provision, andthat the other provisions of this Agreement remain in full force and effect. Sections 2-4, 7-14 and17 of this Agreement will survive any cancellation or termination of this Agreement. The sectionheadings used in this Agreement are for convenience only and have no legal or contractualeffect.

The Software and the services are not intended for use by or availability to persons under the ageof 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL ORUSE THE SOFTWARE AND YOU MAY NOT ACCESS LICENSOR SERVICES OR WEBSITES.

23. Customer Concerns.

If you have any questions about this Agreement or the Software, feel free to contact us at:[email protected].

Effective Date: June 1, 2005

© 2005 ASK JEEVES, Inc. All rights reserved.


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Software Use Privacy Policy

This statement discloses the privacy practices of the www.weatherbug.com website,and www.aws.com website. When you visit an AWS website, you can expect to benotified of:

What is our Privacy Philosophy?

What Personally Identifiable information is collected?

What is the Privacy Policy or minors?

What organization is collecting the information?

How is the information used?

With whom may the information be shared?

What choices are available to you regarding collection, use, anddistribution of the information?

What kind of security procedures are in place to protect against the loss,misuse, or alteration of information under the company's control?

AWS is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet bypromoting the use of fair information practices. This privacy statement covers the sitewww.weatherbug.com and www.aws.com. Because this website wants to demonstrateits commitment to your privacy, it has agreed to disclose its information practices andhave its privacy practices reviewed for compliance by TRUSTe.

Questions regarding this statement should be directed, via e-mail, [email protected] If we have not responded to your inquiry in a timelymanner, or your inquiry has not been satisfactorily addressed, please contact us at 1-800-544-4429. [ 12410 Milestone Center Drive, Suite 300, Germantown, Maryland20876.] If you do not receive acknowledgment of your inquiry or your inquiry has notbeen satisfactorily addressed, you should then contact TRUSTehttp://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serveas a liaison with the website to resolve your concerns. To return to the WeatherBughome page, please use the "Back" button on your browser.

TRUSTe certification covers only information that is collected through the Web pageshosted on www.weatherbug.com and www.aws.com. .


http://www.aws.com/

http://weatherbug.com/aws/privacyPolicy.asp#1











http://www.truste.org/consumers/watchdog_complaint.php


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What is our Privacy Philosophy?

The Internet is rapidly changing the way all of us communicate and interact with eachother. While the Internet allows each of us access to more information and services thanever before, these new online activities raise new challenges, such as the privacy issuesaddressed in this policy. WeatherBug.com is committed to working with public policyorganizations, industry groups, and government institutions to understand and addressthese challenges as they arise. Most importantly, we believe that having a relationshipwith our customers that is founded on trust is good business. Any feedback you wouldlike to provide to help us better meet your expectations in this area is welcomed. Readour Bill of Rights.

Back to Top

What Personal Identification information is collected?

WeatherBug.com wants to make your online experience satisfying and safe. Our datacollection policies allow you to choose how much personal information to provide to us,and to control how we use that information. Our goal is to provide you with a satisfyingonline experience while allowing you to control your privacy. WeatherBug.com collectsinformation online primarily to make it easier and more rewarding for you to use ourservices. When you register, you will be asked at various times to provide informationsuch as your name, email address, and/or information about what you like and do notlike. We request this information to provide our strongest value to you - a personalizedonline experience. Customers who personalize our service come back more often - andit's the customers that visit us often who make us successful - so we do everything wecan to make WeatherBug.com your service with your name on it and to give you just thecontent you want.

Information collected online is often defined as being either anonymous orpersonally identifiable:

Anonymous Information refers to information that cannot be tied back to a specificindividual. For instance, we may know that 10,000 people visit this Privacy Policy today,but we do not necessarily know their names, where they live, or their date of birth. Whatwe collect from transactions such as this constitutes anonymous information. Some ofthe individuals who access our services decline to use the personalization features thatare available to them, and therefore those individuals are anonymous to us and the datawe collect is similarly anonymous information.

Personally Identifiable Information refers to information that tells us specificallywho you are, such as your name, e-mail address, mailing address. We also collectdemographic information such as ZIP Code and date of birth. In many cases we needthis information to provide the personalized or enhanced service that you haverequested. We hope that, like many of our customers, you will find it beneficial tojudiciously provide Personally Identifiable Information to WeatherBug.com so that wemay provide more valuable free content and products to you.

http://weatherbug.com/aws/billOfRights.html

http://weatherbug.com/aws/privacyPolicy.asp#top


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If you make a purchase via the WeatherBug e-store, the following Personally IdentifiableInformation, both bill-to and ship-to, will be collected as part of your purchase for thepurposes of processing your transaction: name, address, city, state, ZIP, phone, fax, aswell as, credit card name, credit card number, credit card expire date.

If you choose to use our referral service to tell a friend about our site, we will ask you foryour friend’s name and email address. We will automatically send your friend a one-timeemail inviting him or her to visit the site. AWS stores this information for the sole purposeof sending this one-time email and tracking the success of our referral program.

Your friend may contact us at [email protected] to request that weremove this information from our database.

The amount of Personally Identifiable Information that you choose to disclose toWeatherBug.com is completely up to you. The only way we know something about youpersonally is if you register for a personalized service or promotion. In other words, wewill know Personally Identifiable Information about you only if you choose to share thistype of information with us.

When you surf the Internet, your Internet browser (such as Netscape Navigator® orMicrosoft Internet Explorer) automatically transmits some information toWeatherBug.com every time you access content on one of our sites. Examples of suchinformation include the URL of the Web page you were just on (known as the "Refer"),the IP (or Internet Protocol) address of the computer you are using, or the browserversion you are using to access our site. All of this information is collected byWeatherBug.com and is used to help improve our offerings to you. For instance, we usethis information to determine the fastest and most concise method possible for you todownload the WeatherBug executable file to your computer - simplifying the entiredownload process.

When using the WeatherBug online application, the application will make frequent httpcalls back to our servers to provide you with the most current live weather conditions,weather information and alerts. During these events, no Personally IdentifiableInformation is being shared or transmitted.

In general, the WeatherBug application:

1. DOES NOT collect Personally Identifiable Information off your computer,the only information collected is what is necessary for the application tofunction properly;

2. DOES NOT initiate downloads or installations without your approval; and3. DOES NOT track surfing habits or present advertising based on your

online activities.

To enable many of the features available within the AWS sites, we will assign "cookies"to your Internet browser (such as Netscape Navigator or Microsoft Internet Explorer). Acookie is a small text file that contains a unique identification number stored on yourcomputer. Cookies by themselves cannot be used to find out the identity of any user.This unique identification number automatically identifies your browser - but not you - to



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our server computers whenever you interact on one of our Internet domains. When youvisit our site, a cookie is read by our server computers. Every Web page that you accessthat includes advertising or content served from WeatherBug.com will have the contentsof your cookie reported in our server logs. But only when you agree to providePersonally Identifiable Information directly to a AWS branded service, such as throughregistration, will we be able to know anything about you other than the random numberthat our server computers originally assign to your browser.

There is a lot of confusion about cookies, how they are used, and what they can do.Cookies only contain information that the server computer "knew" in the first place, andcan only be read by the serving domain that placed them. For instance, Yahoo! utilizescookies, but AWS servers can't read their contents nor can Yahoo!'s servers read ours.Cookies are an essential part of how the Internet works today, and allow servercomputers to recognize your computer's browser when you return. If you have ever goneto a Web page that automatically provides personalized content without you having to"sign in," such as your own stock portfolio, this is almost certainly being accomplishedwith a cookie. Since cookies are only text files, they cannot "run" on your computer andhave no ability to search your computer for other information, or transmit it to anyone.

Cookies are part of the technology implemented by your Web browser. But don't justtake our word for it - read what the companies who wrote the browsers have to say!

For Netscape, please visit:

http://home.netscape.com/security/basics/privacy.html#cookies

For Microsoft, please visit:

http://www.microsoft.com/insider/internet/articles/security2.htm#cookies

We employ a software technology called clear gifs (a.k.a. Web Beacons or trackingpixels), that help us better manage content on our site by informing us what content iseffective. Clear gifs are tiny graphics with a unique identifier, similar in function tocookies. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at theend of this sentence. We do not tie the information gathered by clear gifs to ourcustomers’ personally identifiable information.

We use clear gifs in our HTML-based emails to let us know which emails have beenopened by recipients. This allows us to gauge the effectiveness of certaincommunications and the effectiveness of our marketing campaigns. If you would like toopt-out of these emails, please contact us at [email protected].

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What is the Privacy Policy for minors?

AWS is concerned about the safety of children when they use the Internet. We want youand your family to be safe while visiting our Internet sites. That is why we have

http://home.netscape.com/security/basics/privacy.html#cookies

http://www.microsoft.com/insider/internet/articles/security2.htm#cookies




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established the following guidelines for the way we interact with children when theyaccess our services. Consistent with the Federal Children's Online Privacy ProtectionAct of 1998 (COPPA), we will never knowingly request Personally IdentifiableInformation from anyone under the age of 13 without requesting verifiable parentalconsent.

Additionally, AWS offers levels of protection for minors that are beyond what federal lawrequires. While AWS will not target registration to those under 13 without using thesafeguards listed above, we recognize that some minors will utilize the registration formsassociated with our general release products. If a customer registers with us and theirbirth date indicates that they are under 13 we will:

Never knowingly send a copy of a mass emailing to them, even if they gaveus permission to email them during registration.

Never voluntarily share their customer information with any third party,even if they gave us permission to share their customer information duringregistration.

Never list them in any Member Directory in a manner in which their age canbe easily identified.

Never serve ads that are rated other than "G", (appropriate for all ages)

In summary, the management and employees of AWS are very proud of our industry-leading steps to safeguard the privacy of all minors online. We're doing what we can toensure that Personally Identifiable Information regarding registered users under the ageof 13 won't leave our company for commercial use; and that someone using our sitewon't be able to easily look up another person's age. It is important to state that AWSdoes not maintain personal information about children under age 13. These usersbecome anonymous since AWS strips the database of any personally identifyinginformation collected from individuals under 13 years of age.

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What organization is collecting the information?

The data you provide WeatherBug.com is collected by AWS ConvergenceTechnologies, Inc. WeatherBug.com is a wholly owned-subsidiary of this corporation.Click here to find information about AWS Convergence Technologies, Inc.http://www.aws.com

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How is the information used?

Our services have been designed to enable WeatherBug.com to provide hyper-local,personally relevant weather related content to those customers who wish to receive it.


http://www.aws.com/

http://www.aws.com/



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The majority of the services that are provided for free through WeatherBug.com are theresult of advertising revenues. Our ability to provide enhanced services and content toour customers is dependent on our ability to provide venues for our advertising partnersthat reach specific demographic segments of our customer base. Generally, advertisershave little interest in reaching a specific customer of our services - and as a matter ofpolicy we provide no mechanism for an advertiser to reach you or any other specificcustomer. Instead, our advertising partners have the need to reach customers whoshare common demographic characteristics such as a specific gender or age range. Forinstance, certain products, such as sporting goods, may be purchased more often bymen then by women, and therefore when advertising those types of products, theadvertiser would prefer to target their messages just to men. The better jobWeatherBug.com does in providing a mechanism for advertisers to reach specific sub-segments of our users, the more revenue we can generate from advertising and that,ultimately, is what allows you to get the free content that is available fromWeatherBug.com.

Most importantly, at no time is your Personally Identifiable Information used to determinewhat advertising you receive nor do we use it to determine what type of advertising anyother customer of WeatherBug.com will receive.

Below is a description of the uses of the information that we collect andhow our visitors and advertisers benefit from these actions:

We provide personalized content in the form of weather conditions, forecasts, stormwarnings, camera images, cool links and more to our users. We pay attention to whatour customers do and do not use on our service and modify our content appropriately.We match the patterns of usage that our consumers exhibit on any website where weserve advertising to create anonymous profiles about our customers. The creation of ananonymous profile allows WeatherBug.com to statistically model the demographiccharacteristics of a customer, without ever knowing that customer's name or any otherPersonally Identifiable Information about them. These anonymous profiles are used totarget advertising - primarily banners - to those customers, both on the WeatherBug.comdomain and any of the other Internet domains where we serve advertising. Through theuse of anonymous profiles, WeatherBug.com can serve advertising to our customersthat is more likely to be for products they would want, and sell that advertising for ahigher price. This is essential to our ability to provide high quality content to ourcustomers for free.

WeatherBug.com never matches "Who you are" with "Where you've been" on theInternet because we do not use personal data characteristics such as your name,address or phone number to create these anonymous profiles but rather use primarydemographic characteristics such as your age or gender. Finally, anonymous profilespresent no privacy risk to our customers because they are worthless to third parties.Since any potential third party would be unable to read the cookies that we set on ourdomains, only WeatherBug.com can create value from these anonymous profiles.

We develop summary - but not individual - reports for our advertisers. An example of asummary report might be "12,000 people clicked on Advertisement 'X' today, and ofthose people, 35% had previously indicated they had an interest in sports." Ouradvertisers, who make it possible for you to use WeatherBug.com for free, need this


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information to determine how effective their advertising investments are. We never tellour advertisers who it was that saw or clicked on their advertisements, unless you havespecifically told us it is acceptable to do so.

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With whom may the information be shared?

If you are providing us Personally Identifiable Information, it will only be used within theAWS, Inc Internet domains unless you choose to allow third party data sharing (byopting in for such distribution during the registration process). Should you choose toprovide your information to third parties, WeatherBug.com will share aspects of yourinformation with our valued partners. All of our partners help contribute towards many ofthe free services available on the WeatherBug.com.

We use an outside shipping company to fulfill orders, and a credit card processingcompany to bill you for goods and services purchased from our estore. Thesecompanies do not retain, share, store or use personally identifiable information for anyother purposes.

Sometimes WeatherBug comes bundled with another piece of software that alsorequires registration. On some occasions WeatherBug will act as the central registrationvehicle for both pieces of software. When this occurs, your registration information willbe shared between WeatherBug.com, and the additional software provider. You will beinformed of this fact in every instance of its use and, as always, you control how muchPersonally Identifiable Information to disclose.

Other companies that place advertising on our site may collect information about youwhen you view or click on their advertising or content through the use of cookies (usingthe same techniques as described above). Due to the way the Internet technicallyoperates, we cannot control this collection of information - but we can control whichcompanies are allowed to place such advertising on our site. You should contact theseadvertisers or content providers that place information on WeatherBug.com directly ifyou have any questions about their use of the information they potentially collect. Itshould be noted that anyone placing advertising on our websites can only collectAnonymous Information about you unless you actively provide Personally IdentifiableInformation to them. In some cases, we may allow third party advertising companies toplace cookies and Web Beacons on the sites’ Web pages.

Our server computers will retain whatever Personally Identifiable Information you haveprovided to us, and it is potentially available for distribution to third parties - mostobviously law-enforcement agencies acting under subpoena power, per the terms of thissection of our Privacy Policy. Although unlikely, WeatherBug.com may be required bylaw enforcement or judicial authorities to provide Personally Identifiable Information theappropriate governmental authorities. If requested by law enforcement or judicialauthorities, we will provide this information upon receipt of the appropriatedocumentation. We do not use this information to target any advertising to ourcustomers, nor is it ever willingly distributed to any third party, such as an advertiser,except if subpoenaed.



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On occasion, WeatherBug.com may offer affiliates the opportunity to host theWeatherBug for download, and to receive branding or other consideration in return forhelping us increase the number of users for our product(s). In some cases, if you havedownloaded the WeatherBug from an affiliate, the registration information that youprovide may be shared with the affiliate. Please check the affiliate's own Privacy Policyto determine their information distribution policies.

Finally, AWS does not control the information collection and distribution policies onInternet domains other than AWS Internet domains.

If you choose to upload photograph(s) into the WeatherBug community section, we willcollect the Personally Identifiable Information that you wish to share with us. This mayinclude: name, location where the photo was taken and ZIP Code where the photo wastaken. If you have participated in the WeatherBug Community and wish to have a photoremoved, please send your request to [email protected].

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What choices are available regarding collection, use, and distribution of theinformation?

WeatherBug.com does offer you the ability to control the email communications wemake to you. It is our intention to give you as much control over our relationship aspossible. First, as mentioned earlier, the consumer always has the final word on whetherWeatherBug.com - or any Internet company - knows who you are. It is your choice toshare Personally Identifiable Information with WeatherBug.com, and we encourage youto consider only sharing information with any site on the Internet in which you feel youreceive true value in exchange for that information transfer and if you respect the privacypractices of the firm.

If you do choose to share Personally Identifiable Information with WeatherBug.com, youcan control whether we contact you or share the information with third parties, eitherthrough choices you make at the time you share information with us, or through updatesto your information. Any time information is requested from you on an AWS orWeatherBug.com Internet domain, you should see a clear indication of what yourinformation distribution choices are. WeatherBug.com will always give you a chance tounsubscribe to any email communication from us - clear directions for doing so willappear in any email message we send to you. At times, WeatherBug.com may enter intoco-branding arrangements with other companies, and if so, an opt-in question may bepresent for contact from these firms as well. Their opt-out features are specific to eachorganization, but you should never receive email from these organizations unless youhave indicated that it is acceptable. All email from WeatherBug.com, or from co-brandpartners who gain your permission to send you commercial email, will include anopportunity to opt out of future communications.

WeatherBug.com does reserve the right to send a one-time registration confirmationemail, and infrequent Service Alert messages to its customers to inform them of specificchanges that may impact their ability to use a service they have previously signed up for,regardless of email contact opt-in status. We may also periodically contact you regardingnew or upgraded services or product offerings. We also reserve the right to contact you




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if compelled to do so as part of a legal proceeding or if there has been a violation of ourTerms of Service. WeatherBug.com is retaining these rights because in limited cases wefeel that we may need the right to contact you as a matter of law or regarding mattersthat will be important to you.

If your personally identifiable information changes you may contact us [email protected] with the necessary changes.

If you no longer desire our service, or wish to delete/deactivate our service please do thefollowing: (1) uninstall the application and (2) send an email [email protected] requesting full removal from all AWS databases.

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What kind of security procedures are in place to protect against the loss,misuse, or alteration of information under the company's control?

WeatherBug.com operates secure data networks protected by industry standard firewalland password protection systems. Our security and privacy policies are periodicallyreviewed and enhanced as necessary, and only authorized individuals have access tothe information provided by our customers. Secure Socket Layer or SSL encryption isused to transmit sensitive data such as credit card information.

If we decide to change our privacy policy, we will post those changes to this privacystatement, the homepage, and other places we deem appropriate so that you are awareof what information we collect, how we use it, and under what circumstances, if any, wedisclose it.

We reserve the right to modify this privacy statement at any time, so please review itfrequently. If we make material changes to this policy, we will notify you here, by email,or by means of a notice on our home page.

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WeatherBug.comCustomer Information Privacy Policy, last updated June 4, 2004AWS Convergence Technologies, Inc., All rights reserved.






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Appendix-B Screen Shots

Figure 1: WeatherBug Home Page. User clicks on download link for free version of WeatherBug


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Figure 2: Description of the WeatherBug Desktop application and browser bar. This is accessed byclicking on the WeatherBug application link in the homepage above.

Figure 3: Standard IE security warning


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Figure 4: Zip code is used to identify the nearest weather station

Figure 5: Progress


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Figure 6: EULA

Figure 7: The user can choose typical or custom install.


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Figure 8: Progress Bar for typical install.

Figure 9: Registration Page: Only the gender, email, zip code and year of birth are mandatory. Theuser can input random values if desired.


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Figure 10: Choose sponsor whose ads will be on users WeatherBug desktop

Figure 11: Choose sponsor panel 2.


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Figure 12: Choose sponsor panel 3

Figure 13: WeatherBug Desktop. Note the sponsor ad at the bottom.


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Figure 14: Note the uninstall shortcut in the All Programs menu

Figure 15: Warning prior to removing WeatherBug desktop