David Pradarelli
Assalam-aleikum wa rahmatullah!
I came to Islam pretty much on my own. I was born and raised Roman Catholic, but I always had a deep fascination with the spiritualities of other cultures. My Journey started when I desired to have a relationship with my creator. I wanted to find my spirituality, and not the one I was born with. I spent some time in the Catholic religious order known as the Franciscans. I had many friends and I enjoyed prayer times, but it just seemed to relaxed in its faith, and there was, in my opinion, too much arrogance and hypocrisy. When I had returned back from the order into secular living again, I once again was searching for my way to reach God (Allah). One night I was watching the news on television, and of course they were continuing their one-sided half-truth reports on Muslims (always in a negative light instead of balancing it by showing the positive side as well) with images of violence and terrorism. I decided long ago that the news media has no morals whatsoever and will trash anyone for that "juicy story", and I pretty much refused to believe anything they said. I decided to research Islam for myself and draw my own conclusions.
What I found paled all the negative images that the satanic media spewed forth. I found a religion deep in love and spiritual truth, and constant God-mindfullness. What may be fanatacism to one person may be devotion to another. I picked up a small paperback Qur'an and began devouring everything I could. It opened my eyes to the wonder and mercy of ALLAH, and I found the fascination growing every day...it was all I could think about. No other religion including Catholicism impacted me in such a powerful way...I actually found myself in God-awareness 24 hours a day 7 days a week...each time I went to my five daily prayers, I went with anticipation...finally! What I have been searching for all of my life.
I finally got enough courage to go to a mosque and profess the Shahadah before my Muslm brothers and sisters. I now am a practicing Muslim and I thank ALLAH for leading me to this place: Ashhahdu anna la ilaha ilallah wa Muhammadur rasul ALLAH! This means: "I believe in the oneness and totalness of ALLAH and that Muhammad(peace and blessings be upon him)is the chosen prophet of ALLAH." I now also accept Jesus as no longer equal with ALLAH, but sent as Muhammad was sent ...to bring all of mankind to submission to the will of ALLAH! May all of mankind find the light and truth of ALLAH.
Ibrahim Karlsson
I was born in an ordinary , non-religious Swedish home, but with a very loving relationship to each other. I had lived my life 25 years without really thinking about the existence of God or anything spiritual what-so-ever; I was the role model of the materialistic man.
Or was I? I recall a short story I wrote in 7th grade, something about my future life, where I portray myself as a successful games programmer (I hadn't yet even touched a computer) and living with a Muslim wife!! OK, at that time Muslim to me meant dressing in long clothes and wearing a scarf, but I have no idea where those thoughts came from. Later, in high school, I remember spending much time in the school-library (being a bookworm) and at one time I picked up a translated Qur'an and read some passages from it. I don't remember exactly what I read, but I do remember finding that what it said made sense and was logical to me.
Still, I was not at all religious, I couldn't fit God in my universe, and I had no need of any god. I mean, we have Newton to explain how the universe works, right?
Time passed, I graduated and started working. Earned some money and moved to my own apartment, and found a wonderful tool in the PC. I became a passionate amateur photographer, and enrolled in activities around that. At one time I was documenting a marketplace, taking snapshots from a distance with my telelens when an angry looking immigrant came over and explained that he would make sure I wasn't going to take any more pictures of his mum and sisters. Strange people those Muslims...
More things related to Islam happened that I can't explain why I did what I did. I can't recall the reason I called the "Islamic information organisation" in Sweden, ordering a subscription to their newsletter, buying Yosuf Ali's Qur'an and a very good book on Islam called Islam - our faith. I just did!
I read almost all of the Qur'an, and found it to be both beautiful and logical, but still, God had no place in my heart. One year later, whilst out on a patch of land called "pretty island" (it really is) taking autumn-color pictures, I was overwhelmed by a fantastic feeling. I felt as if I were a tiny piece of something greater, a tooth on a gear in God's great gearbox called the universe. It was wonderful! I had never ever felt like this before, totally relaxed, yet bursting with energy, and above all, total awareness of god wherever I turned my eyes.
I don't know how long I stayed in this ecstatic state, but eventually it ended and I drove home, seemingly unaffected, but what I had experienced left uneraseable marks in my mind. At this time Microsoft brought Windows-95 to the market with the biggest marketing blitz known to the computer industry. Part of the package was the on-line service The Microsoft Network. And keen to know what is was I got myself an account on the MSN. I soon found that the Islam BBS were the most interesting part of the MSN, and that's where I found Shahida.
Shahida is a American woman, who like me has converted to Islam. Our chemistry worked right away, and she became the best pen-friend I have ever had. Our e-mail correspondence will go down in history: the fact that my mailbox grew to something like 3 megabytes over the first 6 months tells its own tale. She and I discussed a lot about Islam and faith in god in general, and what she wrote made sense to me. Shahida had an angels patience with my slow thinking and my silly questions, but she never gave up the hope in me. Just listen to your heart and you'll find the truth she said.
And I found the truth in myself sooner than I'd expected. On the way home from work, in the bus with most of the people around me asleep, and myself adoring the sunset, painting the beautifully dispersed clouds with pink and orange colours, all the parts came together, how God can rule our life, yet we're not robots. How I could depend on physics and chemistry and still believe and see Gods work. It was wonderful, a few minutes of total understanding and peace. I so long for a moment like this to happen again!
And it did, one morning I woke up, clear as a bell, and the first thought that ran through my brain was how grateful to God I were that he made me wake up to another day full of opportunities. It was so natural, like I had been doing every day of my life!
After these experiences I couldn't no longer deny God's existence. But after 25 years of denying God it was no easy task to admit his existence and accept faith. But good things kept happening to me, I spent some time in the US, and at this time I started praying, testing and feeling, learning to focus on God and to listen to what my heart said. It all ended in a nice weekend in New York, of which I had worried a lot, but it turned out to be a success, most of all, I finally got to meet Shahida!
At this point there was no return, I just didn't know it yet. But God kept leading me, I read some more, and finally got the courage to call the nearest Mosque and ask for a meeting with some Muslims. With trembling legs I drove to the mosque, which I had passed many times before, but never dared to stop and visit. I met the nicest people there, and I was given some more reading material, and made plans to come and visit the brothers in their home. What they said, and the answers they gave all made sense. Islam became a major part of my life, I started praying regularly, and I went to my first Jumma prayer. It was wonderful, I sneaked in, and sat in the back, not understanding a word the imam was saying, but still enjoying the service. After the khutba we all came together forming lines, and made the two 'rakaas'. It was yet one of the wonderful experiences I have had on my journey to Islam. The sincerity of 200 men fully devoted to just one thing, to praise God, felt great!
Slowly my mind started to agree with my heart, I started to picture myself as a Muslim, but could I really convert to Islam? I had left the Swedish state-church earlier, just in case, but to pray 5 times a day? to stop eating pork? Could I really do that? And what about my family and friends? I recalled what Br. Omar told me, how his family tried to get him admitted to an asylum when he converted. Could I really do this?
By this time the Internet wave had swept my country, and I too had hooked up with the infobahn. And "out there" were tons of information about Islam. I think I collected just about every web page with the word Islam anywhere in the text, and learned a lot. But what really made a change was a text I found in Great Britain, a story of a newly converted woman with feelings exactly like mine. 12 hours is the name of the text. When I had read that story, and wept the tears out of my eyes I realized that there were no turning back anymore, I couldn't resist Islam any longer.
Summer vacation started, and I had made my mind up. I had to become a Muslim! But after all, the start of the summer had been very cold, and if my first week without work was different, I wouldn't lose a day of sunshine by not being on the beach. On the TV the weatherman painted a big sun right on top of my part of the country. OK then, some other day... The next morning; a steel grey sky, with ice-cold gusts of wind outside my bedroom window. It was like God had decided my time was up, I could wait no longer. I had the required bath, and dressed in clean clothes, jumped in my car and drove the 1 hour drive to the mosque.
In the Mosque I approached the brothers with my wish, and after dhuhr prayer the Imam and some brothers witnessed me say the Shahada. Alhamdulillah! And to my great relief all my family and friends have taken my conversion very well, they have all accepted it, I won't say they were thrilled, but absolutely no hard feelings. They can't understand all the things I do. Like praying 5 times a day on specific times, or not eating pork meat. They think this is strange foreign customs that will die out with time, but I'll prove them wrong. InshaAllah!
Abd al-Hayy Moore
I became a Muslim when it seemed I had already accepted Islam in my bones, as if beyond choice, and I only had to make a leap to embrace it formally. Outwardly I was content; inwardly I was coasting. My three-year-old theatre company was disbanded after a hilariously chaotic production for a Tim Leary Benefit at the Family Dog in San Francisco, circa '68 -- naturally the orange juice everyone had passed around was spiked, so that chorus members were doing the final scene in the first ten minutes -- and for six months I had been methodically typing out poetry manuscripts in my attic in Berkeley preparatory to a big publishing peak.
I considered myself a Zen Buddhist. But I was other things as well. My normal routine was to get up, sit zazen, smoke a joint, do half an hour of yoga, then read the "Mathnawi" of Rumi, the long mystical poem of that great Persian Sufi of the thirteenth century.
Then I met the man who was to be my guide to our teacher in Morocco, Shaykh Muhammad ibn al-Habib, may Allah be pleased with him. At first the meeting was simply remarkable, and my guide simply a remarkable man. But soon our encounter was to become extraordinary, leading to a revolution in my life from which I have never recovered and never hope to.
The man looked like an eccentric Englishman. He too had only recently come out of the English version of the Hippie Wave. He was older, refined in his manners, spectacularly witty and intellectual, but of that kind prevalent then who had hobnobbed with the Beatles and knew the Tantric Art collection of Brian Jones firsthand. He had been on all the classic drug quests -- peyote in the Yucatan, mescaline with Laura Huxley -- but with the kif quest in Morocco he had stumbled on Islam and then the Sufis, and the game was up. A profound change had taken place in his life that went far beyond the psychedelic experience.
For the three days following our meeting, two other Americans and I listened in awe as this magnificent storyteller unfolded the picture of Islam, of the perfection of the Prophet Muhammad, peace be upon him, of the Sufis of Morocco, and of the 100-year-old plus Shaykh, sitting under a great fig tree in a garden with his disciples singing praises of Allah. It was everything I'd always dreamed of. It was poetry come alive. It was the visionary experience made part of daily life, with the Prophet a perfectly balanced master of wisdom and simplicity, an historically accessible Buddha, with a mixture of the earthiness of Moses, the otherworldliness of Jesus, and a light all his own.
The prophetic knowledge our guide talked about was a kind of spiritual existentialism. It was a matter of how you enter a room, which foot you entered with, that you sipped water but gulped milk, that you said, "Bismillah" (In the Name of Allah) before eating or drinking, and "Al-hamdulillah" (Praise be to Allah) afterwards, and so on. But rather than seeing this as a burden of hundreds of "how-to's," it was more like what the LSD experience taught us, that there is a "right" way to do things that has, if you will, a cosmic resonance. It is a constant awareness of courtesy to the Creator and His creation that itself ensures and almost visionary intensity.
It is hard to put forward any kind of explanation of Islam, to try to suggest the beauty of its totality, through the medium of words. The light of Islam, since it is transformational and alchemical in nature, almost always comes via a human messenger who is a transmitter of the picture by his very being.
Face to face with our guide, what struck us most was his impeccable, noble behavior. He seemed to be living what he was saying. Finally the moment came, as a surprise, when he confronted me with my life. "Well," he said one morning after three full days of rapturous agreement that what he was bringing to us was the best thing we'd ever heard, "What do you think? Do you want to become a Muslim?"
I hedged. "It's the most beautiful thing I've heard about so far. After all my Zen Buddhism, all my yoga, Tibetan Buddhism and Hindu gurus, this is certainly it! But I think I would like to travel a little, see the world, go to Afghanistan (then unoccupied), maybe meet my Shaykh in a mountain village far off somewhere."
"That's not good enough. You have to decide now. Yes or no. If it's yes, then we start on a great adventure. If it's no, then no blame, I've done my duty. I'll just say goodbye and go on my way. But you have to decide now. I'll go downstairs and read a magazine and wait. Take your time."
When he had left th
Version 2.1 (June 27, 2007)
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10.2 Privacy Policy. Without limiting the generality of Section 10.1, by installing the Licensed Software, you grant permission for Licensor to collect and use certain information. You acknowledge that you have reviewed the applicable Licensor Privacy Policy, which describes Licensor’s general practices with respect to the collection, use and disclosure of information in connection with your Use of the Licensed Software, which is incorporated herein by reference. Licensor reserves the right to change the provisions of its Privacy Policy from time to time. Your Use of the Licensed Software following the posting of such changes to Licensor’s Privacy Policy will constitute your acceptance of any such changes. Licensor does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in Licensor's privacy policy.
11. COMPATIBILITY. Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 7, above. Like all software, the Licensed Software utilizes some of your computer's resources to run, including system memory and Internet connection. Use of the Licensed Software on a computer with inadequate system resources will cause such computer's performance to suffer.
12. USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
13. EXPORT. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
14. MISCELLANEOUS.
14.1 Entire Agreement. This Agreement and any Third Party Software Agreement set forth the entire understanding of the parties with respect to the subject matter hereof. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement. No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement or a company that owns or controls Third Party Software may modify their Third Party Software Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version (or the Third Party Software Agreement may be amended according to that company’s particular policies). Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default. In the event of a conflict between this Agreement and any Third Party Agreement with respect to the use of the Licensed Software and the obligations, duties or liability of Licensor, this Agreement shall control notwithstanding such conflicting language.
14.2 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
14.3 Governing Law and Venue. This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Costa Rica, without giving effect to the principles of conflict of laws. Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Cost Rica for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum).
14.4 Injunctive Relief. Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy. Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief
Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at dcads.biz <sendto:info@dcads.biz>.
SuperiorAds.Biz - (If applicable)*
Version 2.1 (June 27, 2007)
END USER LICENSE AGREEMENT
NOTE TO USER: BEFORE YOU INSTALL, COPY OR OTHERWISE USE THE LICENSED SOFTWARE (AS DEFINED BELOW), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AS WELL AS THE OTHER SIMILAR AGREEMENTS FOR THE THIRD PARTY SOFTWARE (AS DEFINED BELOW) THAT MAY BE BUNDLED WITH THE LICENSED SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LEGALLY ENFORCEABLE AGREEMENT AS WELL AS THE OTHER SIMILAR THIRD PARTY SOFTWARE AGREEMENTS (INCLUDED HEREWITH). YOU ARE ALSO ACKNOWLEDING AND AGREEING THAT, UPON INSTALLATION OF THE LICENSED SOFTWARE, YOU WILL RECEIVE AND CONTINUE TO RECEIVE CONTEXTUAL POPUP AND CONTEXTUAL LINK ADVERTISING VIA HIGHLIGHTED LINKS. YOU MAY ALSO CHOOSE TO INSTALL (OR UNINSTALL) THIRD-PARTY SOFTWARE FROM SELECT ADVERTISERS. THE LICENSED SOFTWARE CAN BE UNINSTALLED UTILIZING THE “ADD/REMOVE PROGRAMS” COMMAND OF YOUR COMPUTER (SEE FURTHER INSTRUCTIONS BELOW).
This End-User License Agreement (the “Agreement”) is an important legal agreement between you (the “Licensee”) and Danube International inc., a Costa Rican corporation (“Licensor”). Licensor is willing to license the Licensed Software (as defined below) to you, provided that you agree to and accept all of the terms and conditions in this Agreement. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE. UPON INSTALLATION, YOUR USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Special Notice for Non-English Speakers:
The Licensed Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this License Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Licensed Software. In any event, if you choose to install or use the Licensed Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.
Special Notice for Residents of the State of Alaska, USA:
Unfortunately, according to SB 140 (Alaska), persons who reside in the State of Alaska may not install the Licensed Software. Therefore, by installing or using the Licensed Software you represent and warrant that your computer is not located in the State of Alaska. To the extent that our system is reasonably able to recognize that your computer is located in the State of Alaska, we will not enable you to install the Licensed Software.
Notice for All Users:
By downloading the Licensed Software, you get free access to sponsored content across the Internet. The Licensed Software may, among other things, show you ads that pop up on your screen in a separate browser, provide you with a toolbar to make your use of the internet more efficient and enjoyable and allow you to access or otherwise link to programs from our affiliates. The pop-up ads that may appear on your computer are based on keywords and URL targets from the sites you visit. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. The Licensed Software is a service of Licensor.
1. DEFINITIONS. The capitalized terms used but not otherwise defined in this Agreement shall have the following meanings:
1.1 “Agreement” or “License” means this End User License Agreement.
1.2 “Licensee” or “you” means the individual who agrees to license the Licensed Software in accordance with the terms and conditions of this Agreement.
1.3 “Licensed Software” means collectively the Software, Third Party Software and Updates.
1.4 “Third Party Software” means the software of third parties bundled together with the Software and/or made available to or installed by Licensee in connection with the installation, use and/or maintenance of the Software, which software includes or displays, without limitation, cookies and pop-up advertisements of third parties, or links to third-party websites not affiliated with Licensor. You may choose not to install Third Party Software or may uninstall such software using your “Add/Remove Software” function on your computer. Each company providing Third Party Software has its own agreements and privacy policies (or other policies) that may be different from this (Licensor’s) Agreement and Privacy Policy . By clicking “I Agree” you also agree to be bound by the Third Party Software Agreements that are included herewith. In the event of a conflict between a Third Party Software Agreement and this Agreement, this Agreement shall control with respect to Licensor’s obligations, duties or liability.
1.5 “Software” toolbar, contextual popup and contextual link applications installed by Licensee pursuant the terms of this Agreement, together with the software applications, documentation and local computer files installed or utilized by Licensee in connection therewith (excluding the Third Party Software), and all updates, modifications or patches thereof.
1.6 “Updates” means any bug fixes, upgrades, modified versions or updates to the Licensed Software.
1.7 "Use”, "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Licensed Software
2. PERMISSION/AUTHORITY TO DOWNLOAD LICENSED SOFTWARE
2.1 Permission to Download Licensed Software. This Agreement contains important legal obligations. Pursuant to applicable laws including, without limitation, the Electronic Signature Law and Uniform Electronic Transactions Act (“UETA”), by clicking “I Agree”, Licensor will treat Licensee’s affirmative action as equivalent to a signed written contract that will legally bind Licensee to the terms of this Agreement. Licensee should carefully review the terms of this Agreement (as well as any Third Party Software Agreements included herewith) before clicking “I agree”.
2.2 Obligation to be Bound by Current Version of EULA. Licensor may revise this EULA or its Privacy Policy at anytime, and may (but shall not be obligated) to notify Licensees of such revisions. By agreeing to the terms of this EULA, Licensee agrees to read and review this EULA and privacy policy in order to stay current on any changes.
3. SOFTWARE LICENSE AND RESTRICTIONS.
3.1 License Grant. Upon acceptance of the terms and conditions of this Agreement, as evidenced by clicking “I agree” and continuing with the installation procedure, Licensor grants Licensee a non-transferable, non-exclusive, revocable, non-sub licensable license to Use the Licensed Software, in binary executable form only, solely in accordance with the terms and conditions set forth in this Agreement. The Licensee agrees not to Use the Licensed Software in any manner that could damage, disable, overburden or impair the Licensed Software, including, without limitation, Using the Licensed Software in an automated manner or in any other manner which could interfere with any other party's use and enjoyment of the Licensed Software.
3.2 Restrictions. As a material condition to the license granted in Section 3.1 above, you will: (a) not reverse engineer, disassemble or decompile the Licensed Software or attempt to discover or recreate the source code to the Licensed Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Licensed Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Licensed Software, (d) not remove, alter or obscure any proprietary notices (including copy notices) of Licensor or Licensor’s affiliates in the Licensed Software, (e) not Use the Licensed Software for purposes for which it is not designed, and (f) only Use the Licensed Software for personal, non-commercial use.
4. OWNER OF COMPUTER; ALL USERS BOUND; AGE LIMITATION. You represent and warrant either that you are the owner of the computer up which you intend to download the Licensed Software and that you have authorized the download and installation of the Licensed Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Licensed Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Licensed Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Licensed Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Licensed Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Licensed Software. By accepting the terms of this Agreement and Using the Licensed Software you represent that you are over the age of 18.
5. IMPORTANT INFORMATION REGARDING FUNCTIONALITY OF LICENSED SOFTWARE.
5.1 Functionality. Certain applications in the Licensed Software recognize keywords from your Internet browser and URL targets from the sites you visit to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Licensed Software) and pop-up on your screen in a separate browser. The Licensed Software gathers and stores personal identifiable information and records concerning your Internet browsing behavior. Please refer to Section 10 (below) for further information about Licensor’s privacy policies.
5.2. Display of Advertising. The Licensed Software starts automatically when you start your computer, runs in the background on your computer, and may periodically direct you to our sponsors' websites. By installing and/or using the Licensed Software you grant permission for Licensor to periodically display sponsors' websites to you. The frequency of these advertisements (which will pop up on your screen in a separate browser) will vary depending on your use of the Internet. Please note that you will receive Adult-oriented ads if you utilize keywords related to such content or if you view Adult-oriented websites. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Software includes a function that may redirect your web browser to our sponsor's websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Content Licensor considers “Adult” is defined as any audio, video, audiovisual, images, sounds or text that contain or reference any of the following: profanity, crude or off-color humor, violence, blood and gore, weapons, use of alcohol, drugs, tobacco or other controlled substances, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references.
6. INTELLECTUAL PROPERTY RIGHTS. The Licensed Software is the intellectual property of, and owned exclusively by, Licensor, its affiliates or suppliers or the companies that own or control the Third Party Software. The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Licensor, its suppliers or affiliates or the companies that own or control the Third Party Software. The Licensed Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Licensed Software, and all rights not expressly granted are reserved by Licensor and its affiliates or suppliers.
7. UNINSTALLATION. You understand and agree that the presence of the Licensed Software on your computer is voluntary and that you may remove the Licensed Software from your computer at any time going to the “Add/Remove Software” function on your computer and clicking “Remove Software”. The program name for the software is Browser Optimizer SuperiorAds. Should you choose to download additional software from Licensor’s affiliates or advertisers, those programs may be named differently and require you to remove them separately. Please note that the above is the only proper way to ensure complete removal of all Licensed Software files - many anti-spyware or other software tools do not completely or properly remove the Licensed Software. Some Internet content and software publishers require that their users have certain of the Licensed Software installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of such Licensed Software may impact your ability to access such content and/or use such software. You may be required to restart your computer in order for the uninstallation to take effect. Should you have any questions regarding the removal of the Licensed Software, please contact removal@dcads.biz or removal@rightonads.biz.
8. UPDATES. Licensor, in its sole discretion, may provide you with Updates to the Licensed Software as part of this Agreement. The Licensed Software may check with Licensor or its affiliates for the existence of any Update released and, in the event that one is available, the Licensed Software may update itself automatically or prompt you to update the Software. Nothing herein shall be construed or interpreted as requiring that Licensor provide Updates. The companies that own or control the Third Party Software may also provide you with Updates to their Licensed Software. Licensor has no control and accepts no liability for Updates that may (or may not) be provided for the Third Party Software.
9. DISCLAIMER OF WARRANTIES AND REMEDIES; INDEMNITY.
9.1 No Warranty; Disclaimer. YOUR USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSOR, ITS AFFILIATES OR SUPPLIERS, AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR, AND ITS AFFILIATES AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LICENSED SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE LICENSED SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE LICENSED SOFTWARE SHALL CREATE ANY WARRANTY. LICENSOR IS NOT RESPONSIBLE FOR CONTENT HOSTED BY CONTENT PROVIDERS.
9.2 Limitation of Damages. LICENSOR, ITS AFFILIATES OR SUPPLIERS, OR THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE WILL NOT HAVE ANY LIABILITY FOR, AND YOU HEREBY RELEASE LICENSOR, ITS AFFILIATES AND SUPPLIERS AND THE COMPANIES THAT OWN OR CONTROL THE THIRD PARTY SOFTWARE FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.3 Indemnity. Licensee agrees to indemnify, defend, and hold Licensor and all of the directors, officers, shareholders, affiliates, employees, and agents of Licensor (collectively referred to as "Licensor’s Agents") harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, expert witness fees, and reasonable attorneys' fees that Licensor, Licensor’s Agents and the companies that own or control the Third Party Software shall incur or suffer, which arise, result from, or in any way relate to: (a) any breach of, or failure by Licensee to perform any of the representations, warranties, covenants or agreements in this Agreement; (b) Licensee’s violation of any applicable law or regulation, whether or not referenced herein; and (c) Licensee’s violation of any rights of any third party (including, without limitation, the right of the third parties who own the Third Party Software).
10. USE OF INFORMATION; PRIVACY POLICY.
10.1 Use of Information. By entering into this Agreement, Licensee agrees that Licensor may collect and retain information about Licensee, including Licensee’s name and email address. Licensor may employ other companies and individuals to perform these functions on its behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and processing credit card payments. These third parties may be given access to personal information needed to perform their functions, but may not use it for other purposes. In addition, Licensor will collect and use anonymous information relating to your use of the Licensed Software application for statistical and related purposes. Licensor may disclose the information to third parties for these purposes but will not use or disclose information about your use of the Licensed Software for any other purpose (unless required to do so by law). Licensor may keep track of your Internet history in order to customize the advertisements provided to you as part of the Licensed Software.
10.2 Privacy Policy. Without limiting the generality of Section 10.1, by installing the Licensed Software, you grant permission for Licensor to collect and use certain information. You acknowledge that you have reviewed the applicable Licensor Privacy Policy, which describes Licensor’s general practices with respect to the collection, use and disclosure of information in connection with your Use of the Licensed Software, which is incorporated herein by reference. Licensor reserves the right to change the provisions of its Privacy Policy from time to time. Your Use of the Licensed Software following the posting of such changes to Licensor’s Privacy Policy will constitute your acceptance of any such changes. Licensor does not make any and hereby disclaims to the maximum extent allowed by law any and all covenants, representations and warranties with respect to its compliance with the statements of intent contained in Licensor's privacy policy.
11. COMPATIBILITY. Licensor does not warrant that the Licensed Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Licensed Software is not compatible with your hardware or other software installed on your computer system, the Licensed Software can be uninstalled as provided in Section 7, above. Like all software, the Licensed Software utilizes some of your computer's resources to run, including system memory and Internet connection. Use of the Licensed Software on a computer with inadequate system resources will cause such computer's performance to suffer.
12. USER REPRESENTATIONS AND WARRANTIES. You acknowledge, represent and warrant that: (a) you own the computer on which you are installing the Licensed Software, or have the authority to install the Licensed Software on such computer; (b) your installation and/or Use of the Licensed Software will not violate any local, state or federal laws that apply to you, or the Use or installation of the Licensed Software; (c) Licensor is not causing the Licensed Software to be installed on your computer, but has provided the Licensed Software to you, which you are installing of your own volition; and (d) you have read and fully understand the terms of this Agreement.
13. EXPORT. You agree that the Licensed Software may not be acquired, shipped, transported, exported, or re-exported (A) into (or to a national or resident of) any U.S. embargoed country or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
14. MISCELLANEOUS.
14.1 Entire Agreement. This Agreement and any Third Party Software Agreement set forth the entire understanding of the parties with respect to the subject matter hereof. There are no representations, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to this Agreement which are not fully expressed in this Agreement. No waiver, amendment or modification of any of the terms of this Agreement shall be effective unless in writing and signed by the party affected by the waiver, amendment or modification; provided, however, that that Licensor may unilaterally amend or modify this Agreement or a company that owns or controls Third Party Software may modify their Third Party Software Agreement at any time and you shall have notice of these changes by reference to the Version number of this document and the effective date for such version (or the Third Party Software Agreement may be amended according to that company’s particular policies). Further, no waiver of any term, condition or default of any term of this Agreement shall be construed as a waiver of any other term, condition or default. In the event of a conflict between this Agreement and any Third Party Agreement with respect to the use of the Licensed Software and the obligations, duties or liability of Licensor, this Agreement shall control notwithstanding such conflicting language.
14.2 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable and the unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision.
14.3 Governing Law and Venue. This Agreement and each and every portion of this Agreement shall be interpreted pursuant to the internal laws of the Country of Costa Rica, without giving effect to the principles of conflict of laws. Each of the parties hereby irrevocably and unconditionally agrees to the exclusive jurisdiction of any court located in Cost Rica for any actions, suits or proceedings arising out of or relating to this Agreement (and the parties each agree not to commence any action, suit or proceeding relating thereto except in such courts and not to plead or claim that any such court is an inconvenient or otherwise improper or inappropriate forum).
14.4 Injunctive Relief. Licensee acknowledges that the injury that would be suffered by Licensor as a result of a breach of the provisions of this Agreement by Licensee would be irreparable and that an award of monetary damages to Licensor for such a breach would be an inadequate remedy. Consequently, Licensor will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and Licensor will not be obligated to post bond or other security in seeking such relief.
Should you have any questions concerning this Agreement, or if you wish to contact Licensor for any reason, please e-mail us at info@dcads.biz or info@superiorads.biz.
webHancer Customer Companion - (If applicable)*
Terms and Conditions of Installing the webHancer Customer Companion (the "Software").
IMPORTANT NOTICE:
THIS SOFTWARE RELAYS YOUR WEB SURFING PERFORMANCE METRICS TO
WEBHANCER CORP. TO GENERATE PERFORMANCE REPORTS FOR THIRD PARTIES. AS
SUCH, YOUR INTERNET CONNECTION WILL BE USED PERIODICALLY TO SEND AND
RECEIVE DATA.
WE RESPECT OUR CUSTOMERS PRIVACY. THE WEBHANCER PRIVACY POLICY (available
at: http://www.webhancer.com/privacy) FORMS PART OF THIS AGREEMENT. BY AGREEING
TO THE TERMS OF THIS AGREEMENT, YOU ALSO CONSENT TO THE TERMS OF THE
WEBHANCER PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, THE COLLECTION, USE
AND DISCLOSURE OF INFORMATION AS SET OUT THEREIN. IF YOU DO NOT AGREE TO
THE TERMS OF THE WEBHANCER PRIVACY POLICY, DO NOT INSTALL THIS SOFTWARE.
THIS SOFTWARE SUPPORTS WINDOWS 98/2000/ME/XP and WINDOWS NT 4.0 Service Pack 4
and higher (EXCLUDING WINDOWS TERMINAL SERVER AND WINDOWS 2000 WITH
TERMINAL SERVICES ENABLED).
THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS
A LEGAL CONTRACT BETWEEN YOU AND WEBHANCER CORP. ("WEBHANCER") FOR THE
CUSTOMER COMPANION SOFTWARE (THE 'SOFTWARE'). THIS SOFTWARE WILL MAKE
USE OF YOUR INTERNET CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR ANY AND
ALL NETWORK USAGE COSTS OR ANY OTHER COSTS ASSOCIATED WITH YOUR USE OF
THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO NOT USE THE
SOFTWARE.
WEBHANCER grants to you a non-exclusive, non-transferable and restricted license to use the Software on a single computer for your internal use, subject to the terms and conditions of this Agreement. You may make and distribute unlimited copies of the Software, excluding copies for commercial distribution, as long as each copy that you distribute is distributed subject to this agreement.
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