Deque Software License Terms

Deque FireEyes™

These license terms are an agreement between Deque Systems, Inc, a Virginia corporation, (“Deque”) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any updates (including but not limited to bug fixes, patches, updates, upgrades, enhancements, new versions, and successors to the software, collectively called “updates”),supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply.

By installing, configuring, and/or using the software, you accept these terms. If you do not accept them, do not accept, install, configure, or use the software.

Please note that, as described below the software contains an automatic updating feature and also transmits certain standard computer information to Deque and/or Deque’s service providers.

Installation and Use Rights

You may install and use any number of copies of the software. You may also make any number of copies as you need to distribute the software within your organization.

Internet-based Services

Deque provides Internet-based services in connection with the software, except as otherwise stated in a writing signed by Deque expressly for your benefit, Deque provides such Internet-based services as-is and with no warranty whatsoever, makes no representation or warranty whatsoever with respect to them, and may change or cancel them at any time.

Scope of License

The software is licensed, not sold. This agreement only gives you some rights to use the software. Deque reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as
expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software; reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; publish the software for others to copy; rent, lease or lend the software; or transfer the software or this agreement to any third party.

Automatic Updates

This software contains an automatic update feature that is always on and cannot be disabled. This feature will (a) connect to Deque or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software, and (c) automatically download and install, or prompt you to download and/or install, current updates to the software. In some cases, you will not receive a separate notice that this feature is active or updating.. By installing the software, you consent to the transmission of standard computer information and the automatic downloading and installation of updates.

Export Restrictions

The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.

Support Services

Deque may provide support services for the software as described at http://www.deque.com/services/team-skill-assessment-training/. Bugs and issues can be reported at http://accessibility.deque.com/support-email-contact.

Applicable Law

Commonwealth of Virginia law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.

Legal Effect

This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to
the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

Disclaimer of Warranty

The software is licensed “as-is”. You bear the risk of using it. Deque gives no warranties whatsoever with respect to the software. Without limiting the foregoing, Deque disclaims any warranty of merchantability, fitness for a particular purpose, non-interference, or non-infringement.

Limitation on and Exclusion of Remedies and Damages

You cannot recover from Deque or its suppliers any damages in excess of USD 10 and you cannot recover any other damages, whether incidental, consequential, special, indirect or incidental damages. This limitation applies to, among other things, anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Deque knew or should have known about the possibility of the damages.

Privacy

Your possession and use of the software, and the collection, transmission, processing, and use of certain information is explained and governed by the Deque Worldspace FireEyes Privacy Statement.

Entire Agreement

This agreement, and the terms for supplements, updates, Internet-based services, and support services that you use, are the entire agreement with respect to such subject matter. Nothing may amend the foregoing unless it is in writing and signed by an authorized representative of Deque.

Deque Worldspace FireEyes Privacy Statement

This privacy statement explains the data collection and use practices of Deque Worldspace FireEyes (“Worldspace FireEyes”).

This privacy statement describes how Worldspace FireEyes interacts with Deque in order to offer you Worldspace FireEyes
updates and other Internet-enabled features.

Collection and Use of Information About Your Computer

Internet-enabled features in software will send information about your computer (“standard computer information”) to Deque servers. This information is generally not personally identifiable. Standard computer information typically includes information such as your IP address, operating system version, browser version, your hardware ID which indicates the device manufacturer, device name, and device version, application version and your regional and language settings. In this case, the application version would be the version of Worldspace FireEyes installed on your device. Worldspace FireEyes contains an update notification feature that sends standard computer information to Deque.

Information that is sent to Deque by this software will be used to provide you with Worldspace FireEyes features and services. This information may be used to improve Worldspace FireEyes and our other products and services, as well as for analysis purposes. Except as described in this statement, information you provide will not be transferred to third parties without your consent.

Deque may access or disclose information about you, including the content of your communications, in order to:

(a) comply with the law or respond to lawful requests or legal process;

(b) protect the rights or property of Deque or our customers, including the enforcement of our agreements or policies governing your use of the services; or

(c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Deque employees, customers or the public.

Deque may also use the information, in aggregated for that does not identify you or your organization, for the purposes of tracking use of Deque-provided goods, services, and/or software and to identify to others how, and how much, users are using Deque’s goods, services, and/or software.

Information that is collected by or sent to Deque may be stored and processed in the United States and (a) you, for yourself and for all persons whose personal information is so transmitted and processed, consent to such transmission and processing and (b) represent and warrant to Deque that you have the authority to give the foregoing consent.

Worldspace FireEyes Updates

Worldspace FireEyes will periodically check a Deque Web site for updates to provide you with the latest features and improvements. When it does so, a request is sent to Deque that contains standard computer information, as described above. A small file containing information about the latest Worldspace FireEyes version will be downloaded to your computer and compared to your currently installed version. If a newer version is
available, it will be downloaded and installed on your computer.

Security of your information

Deque uses a security technologies and procedures that Deque believes are commercially reasonable to help protect your information from unauthorized access, use, or disclosure. For example, the information that is sent to Deque when Worldspace FireEyes automatically updates is stored on computer systems with limited access, which are located in controlled facilities. Deque makes no warranty that such information will never be misappropriated by a third party or that such security measures are sufficient to thwart every method or means used or attempted to misappropriate it.

Changes to the Privacy Statement

We may occasionally update this privacy statement. When we do, we will revise the “last updated” date at the bottom of the privacy statement. We encourage you to periodically review this privacy statement to be informed of how Deque is protecting your information.

Contact Information

Deque welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us at:

Deque Systems, Inc.
Attention: Deque Privacy
2121 Cooperative Way
Suite 210
Herndon, VA 20171

Thanks

Special thanks go to Peter Krantz for allowing us to embed the Fangs code in the FireEyes Firefox extension.