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Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...
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Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...

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  • 1. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 1800 Michael Faraday Drive First Floor Reston, VA USA 20190 Phone: (703) 787-7600 Fax: (703) 787-7650 Email: info@testpros.com URL: http://www.testpros.com Software Test Results Report Spyware Free Certification Testing Services Providedto: Version 6.06 Prepared by: TestPros, Inc. 1800 Michael Faraday Drive Suite 100 Reston, VA 20190 PH: 703-787-7600 Prepared On: May 1, 2006 Independent Testing of Software and Systems _________________________________________ Page 1 of 57 WeatherBug V6.06
  • 2. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ TABLE OF CONTENTS TESTPROS CERTIFICATION ......................................................................................................... 3 INTRODUCTION.............................................................................................................................. 4 KEY DEFINITIONS:.......................................................................................................................... 6 INSTALLATION ................................................................................................................................ 7 BEHAVIOR ..................................................................................................................................... 8 REMOVAL .................................................................................................................................... 10 COMPANY DESCRIPTION OF TESTED APPLICATION ............................................................ 11 WEATHERBUG® DESKTOP APPLICATION .............................................................................. 11 Why does WeatherBug have advertising? ....................................................................... 12 Int na piainta s re a s“ d ae ” s 'a p l t h t ev s d A w r? ............................................................... 12 c o Are desktop applications Safe?......................................................................................... 12 EXECUTIVE SUMMARY ............................................................................................................... 13 SPYWARE FREE CERTIFICATION: GRANTED...................................................................... 13 TEST RESULTS ............................................................................................................................ 14 INSTALLATION TESTS ................................................................................................................... 14 Installation Tests –Additional Observations ................................................................... 16 BEHAVIOR TESTS ......................................................................................................................... 18 Behavior Tests –Additional Observations ....................................................................... 21 REMOVAL TESTS ......................................................................................................................... 22 Removal Tests –Additional Observations ....................................................................... 23 APPENDIX-A DISCLOSURES ...................................................................................................... 24 APPENDIX-B SCREEN SHOTS.................................................................................................... 50 _________________________________________ Page 2 of 57 WeatherBug V6.06
  • 3. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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 arising from any error or omission in this report. 3. This Report does not constitute an endorsement, recommendation or guarantee of any of the products (hardware or software) tested or the hardware and software used in testing the products. The testing does not guarantee that there are no errors or defects in the products, or that the products will meet your expectations, requirements, needs or specifications, or that they will operate without interruption. 4. This Report does not imply any endorsement, sponsorship, affiliation or verification by or with any companies mentioned in this report. 5. NO WARRANTIES, EXPRESS OR IMPLIED ARE GIVEN BY TESTPROS. ALL IMPLIED WARRANTIES, INCLUDINF IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARE DISCLAIMED AND EXCLUDED BY TESTPROS. IN NO 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 IF ADVISED 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. _________________________________________ Page 3 of 57 WeatherBug V6.06
  • 4. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Introduction TestPros performed a series of independent Spyware Free Certification tests on the WeatherBug (“ rh n”D stpa pc t na dteWe te Mec a t e k) o p lai n h i o ah rBug Browser Bar (toolbar). Collectively we refer to these two applications as “ WeatherBug software” The . ts aeb s du o teflwn q e t n rg ri “ o s me-S f S f ae: e t r a e p n h oo i u so s e ad g C n u r ae ot r” s l g i n w  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 of program XYZ, does the pop-up indicate that it was caused by XYZ, and is XYZ listed in Add/Remove Programs?  Can the software be easily removed? Itea s e i“E ” those questions, the consensus is that the software is Spyware- fh n w rs Y S to Free. Iis N ”oa y fh a o eq e t n ,h s f aec n o b c rf da f i“ O t n o te b v u so s te ot r a n t e ete s t i w ii Spyware-Free. The industry direction is focused on a narrow and technical interpretation based on disclosure and user consent. Users typically want more. They want some assurance that installing the software in question will not compromise their privacy, and will not break or significantly degrade the functioning of their computers. A new category of Consumer Safe Software –“ System and Privacy Safe” is emerging in the industry that - supersedes existing spyware criteria. Of primary concern is the personal information that is maintained and uploaded to servers. TestPros testing methodology includes the current test criteria for System and Privacy Safe applications. The tests also include a lengthy activity observation test period during which all network activity is monitored and a d e fru s f” e a i on the part of the software under test. u i d o “n ae b h v r t o _________________________________________ Page 4 of 57 WeatherBug V6.06
  • 5. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ The specific objectives of this software testing project are to:  Determine if the WeatherBug software EULA provides clear and appropriate disclosure.  Determine if the WeatherBug software complies with the EULA.  Determine if the WeatherBug software applications are Spyware-Free.  Determine if the WeatherBug software applications are e s t rmo e( n ayo e v “ -u i tl . n a” s l )  Determine if WeatherBug Software compromises system integrity and privacy in any way. Certification tests were conducted by TestPros on the WeatherBug Desktop version 6.06, and the WeatherBug Browser Bar version 2,0,4,1 on a Windows XP system. This report does not cover any prior versions of the WeatherBug software. _________________________________________ Page 5 of 57 WeatherBug V6.06
  • 6. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Key Definitions: Spyware: Spyware is software that is surreptitiously installed on a computing device without explicit consent from the end-user(s), often for the purpose of collecting information about a user or corporation without their knowledge, compromising the security of sensitive or proprietary information. Malware: Ma ae(l k o na ‘ li s otae is f aea do d t f s h t r l r a o n w sMac u S f r’ s ot r n /r aa i ta ae w s io w ) w l e 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 copying to another program, computer boot sector or document. Viruses can be transmitted as attachments 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 a n tok sa eia ok o na a‘om’ ew r me s g s l n w s w r . s Trojan Horse: A Trojan horse is a program in which malicious or harmful software is contained inside apparently harmless software or data in such a way that it can get control of a computing device and cause its chosen form of damage, such as erasing data from a hard drive. A Trojan horse can be widely distributed as part of a computer virus. TestPros Certified Spyware Free: T s rsats t n a rpe e tdb teC rfai L g ,h tt teb s o e t o ’ t t i , s e rs ne y h etc t n o o ta,o h e t f P e ao i o i T s rsk o l g a db s ds ilo t written and/or electronic documentation e t o ’n we e n a e tcy n he P d rt known to TestPros, the Merchant Website and/or the Merchant Application has been tested by TestPros and thereupon TestPros has determined that, as of the Initial Certification Date, the Merchant Website and/or the Merchant Application fully complied with the Certification Criteria, in that the Website and/or the Application were each free of any Spyware and all other similar forms of malicious, surreptitious, or otherwise q e t n b , otae(oe te ,S y ae) u so a l s f r c lcv l “p w r” i e w l i y . _________________________________________ Page 6 of 57 WeatherBug V6.06
  • 7. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ CERTIFICATION CRITERIA Installation 1. Merchant will provide user with a clear notice of all items installed and their functions. 2. Merchant will not install software without clear and conspicuous notice to and consent from the user. The user, during the installation process, must be informed about the installation and major functionality of any and all bundled software. 3. Merchant will not bundle its software into other applications without clear and conspicuous notice of its inclusion and functions in the EULA and installation. 4. Merchant will not exploit security vulnerabilities or security settings as consent to install software without notice. Merchant must make every effort to prevent all scenarios where an installation may occur without clear and conspicuous notice. 5. Merchant will not install other applications that are not easily removable through Add/Remove Programs. 6. Merchant will not request personal information unless it is essential to the program function, it is for purposes of authentication or validation or it has received express consent for any other use. Any user data collected will not be shared or used in any way that compromises the end-user’privacy. Use of s personally identifiable user data for marketing purposes will only take place with explicit user consent through opt-in. 7. Merchant will not automatically opt users in to deals, offers, newsletters and other material of the same nature from the distributor or other parties without featuring prominent opt-out functionality. User must either opt-in through check box 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. _________________________________________ Page 7 of 57 WeatherBug V6.06
  • 8. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Behavior 1. Mec a t in t n o au e’o lea ti, rh n wl o mo i r s r nn cvy i l t s i it ncluding but not limited to web pages viewed or accessed, user selected content, entered keywords or search terms, and relays in whole or in part to remote or secondary computer or server and match that activity to any personally identifiable information without clear and conspicuous notice to and consent from the user. If Merchant collects data about the user that can be used to personally identify the user, the Merchant must first obtain users express consent through check box or other means, as described above. 2. Merchant will not present advertisements which are not clearly branded or identified as originating from the Merchant and/or software and/or functionality that serves the advertising. 3. Each pop-up advertisement served by Merchant must have a link to information about the software that would include instructions for removal of the software that serves said advertising. Merchant will not present pop-ups advertisements which do not clearly link to information about the software that includes instructions for removal of the service application. This behavior does not apply to any advertising 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 present advertisements to a user or to present contextually related links to advertisements. Pop-ups, in any form are acceptable, so long as they meet above criteria for branding and removal. 5. Merchant will not provide software that makes deceptive representations to consumers, such as that the software removes or prevents spyware/adware, when in fact it installs adware of its own. 6. Merchant will not uti eteu e’c mp tr s rl fr cvy u ha l h s r o ue a a e y o a ti s c s iz s a it spamming, Desktop Search spam distribution, DoS attacks, or extended system c mpo s gs c a a c si a oh r o ue wto th o n r o rmin u h s ce s g n te c mp tr i u te w e’ i n h s authorization. 7. Merchant will not disconnect or alter th u e’i en t o n co s c a d l e s r n re c n e t n u h s iu s t i ap to connect the user to a premium rate service or other connection outside of the original ISP connections without their explicit consent and proper notice. 8. Merchant will not attach its software to any Windows or other program or service in order to prevent the easy removal of the program through Add/remove Programs, unless with the knowledge and consent of the user or the distributor of the 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 or documents without clear and conspicuous notice to, and consent from, the user. 10. Mec a t in t a a c s o c nrl v r u e’c mputer without clear and rh n wl o g i ce s r o t o e a s r o l n o s conspicuous notice and explicit consent from the user. 11. Merchant will not include or use any automatic updating feature that materially changes the types of information collected, the ways such information is used, or the persons to whom such information is disclosed without clear and conspicuous notice to the end-user. _________________________________________ Page 8 of 57 WeatherBug V6.06
  • 9. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 12. Merchant will not alter search results, home pages, or search pages outside of the standard results provided by the default browser settings without clear and conspicuous notice and user consent. 13. Will not place entries in the users HOSTS file that will redirect or block standard searches, queries, typed in URLs, and other sites without clear and conspicuous notice and user consent. _________________________________________ Page 9 of 57 WeatherBug V6.06
  • 10. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Removal 1. Application (or all active portions of the Application) should be easy to remove using standard uninstall mechanisms such as Control Panel –Add/Remove Software. 2. Merchant will not require internet access to uninstall applications 3. Merchant will not require unnecessary information in order to uninstall including but not limited to email addresses, names, physical addresses, and other personal information. 4. Merchant will not leave active portions of the program that originated with the install resident without clear and conspicuous notice and consent from the user. 5. Merchant will not cause damage to or remove any component of the operating system such as Winsock files. 6. Application will not reinstall itself or portions of itself after it is removed and without clear and conspicuous notice to and consent from the user. Other 1. Merchant agrees to allow TestPros to conduct unannounced, continuous and/or periodic and/or random monitoring of the tested software for the purposes of validating continued compliance with the above Certification Criteria. _________________________________________ Page 10 of 57 WeatherBug V6.06
  • 11. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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 PC Download WeatherBug for Mac The WeatherBug application is free software, supported by sponsors and advertisers. It is NOT adware, does not deliver pop-up or pop-under advertising, nor track user surfing habits. Please read our Terms of Use and Privacy Policy. (The following page is accessed by clicking the above link –“ WeatherBug application”–http://www.weatherbug.com/aws/weatherbug_app.asp) WeatherBug® Desktop Application The WeatherBug desktop application is a free weather forecasting and severe weather alerting software, supported by sponsors and advertisers. It is NOT adware, does not deliver pop-up or pop-u d r d eti , o t c u e s rn h b sWe teB g n e a v rs g n rr k s r uf g a i. ah ru ’ in a i t s presence is indicated by the temperature in the taskbar of the computer. Open the application by clicking the temperature, which displays full weather details for a specific location. The WeatherBug download package offers an optional feature, WeatherBug® Browser Bar powered by MyWebSearch, which is a toolbar for the IE browser, providing temperature readings with shortcuts to activate WeatherBug, and functionality which provides combined search results from multiple search engines. To exclude the added faue c o s te“ u tm Is l o e tr, h o e h C s o n t l ption in the installation dialog. a” The following page is accessed by clicking the above link –“ lk ee – Ci h r” c http://www.weatherbug.com/aws/notSpyware.asp WeatherBug is a safe and secure desktop application that delivers live local weather and life saving alerts to millions of people a month. WeatherBug does not have, and never h s a ,h c p bi t t c s rn h b s rs y o i u es a h d te a a iy o r k uf g a i o “p ” n t s r. lt a i t s A desktop application allows you to build a relationship with your audience. All desktop applications serve a purpose of bringing valuable content to customers, pushing out pertinent information, and eliminating the time-c n u n “e rh a p c o teWe . o s mi s ac ” s e t fh g b In this way, people are better able to stay informed of the world around them. _________________________________________ Page 11 of 57 WeatherBug V6.06
  • 12. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Why does WeatherBug have advertising? It is the advertising sponsors that keep WeatherBug free. WeatherBug found a unique way to make an ad- supporte a pc t n“ l a tt e c u e b ao i te t d p lai r e n”o a h s r y lwn h m o i o ev l g choose the type of advertising they see every day within the clearly specified limits of the We teB ga v rs gp t r I a d i , n“d re v ri o We teB g c ld ah ru d eti l f m.n d i n a a -f ” es n f ah ru , ae in a o to e o l WeatherBug Plus, is available to users for only $19.95 a year. For this price, consumers get all the great features of the free application plus additional premium features in an ad-free environment. Int na piainta s re a s“ d ae ” s 'a p l t h t ev s d A w r? c o O eo teb po l wt tetr “d ae itel k f s n add f i n We n fh i rb ms i h em a w r”s h a o a t d r eit . g e h c a ni o believe that the proper definition of adware is any program that secretly gathers personal information through the Internet and relays it back to another computer, generally for advertising purposes. This is often accomplished by tracking information related to Internet browser usage or habits. WeatherBu in tA w r.We teB gis incapable of tracking the trends of its g s o “d ae” ah ru customers' Web use or deciphering anything on customers' local or hard drives. We teB gd e n ts o p o i u es n r o st a ef ah ru o s o “n o ” n t s r, o d e i v unctionality to determine s h what users were doing, where they were before WeatherBug was opened or where they go after using WeatherBug. Are desktop applications Safe? The frequency of Internet desktop applications has increased dramatically in the last five years in many categories, including instant messengers, weather applications, rich media players (e.g., Real Player and Windows Media Player), and so on. Many of these products are free, supported by advertising, and developed by trusted brands. Unfortunately, the frequency of Internet properties that are not trustworthy or forthright in their objectives has also increased in recent years. Because of this, protecting the rights and privacy of our consumer and business users has become a top priority at WeatherBug. We at WeatherBug are scrupulously careful about the inalienable rights of our millions of consumer and business users, and adhere to the strictest standards relating to meaningful notice, informed consent and user control. Read our Bill of Rights; it's the strongest in the industry, by far. We require any software that is integrated with WeatherBug, including the WeatherBug Browser 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 problem applications, we recommend downloading and running a detection program. While WeatherBug does not endorse any specific detection product, here are links to companies with which we are familiar. The developers of these products advertise them as reliable and effective programs for detecting spyware. _________________________________________ Page 12 of 57 WeatherBug V6.06
  • 13. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Executive Summary TestPros was engaged to apply its Spyware Free Certification Testing Process against the free WeatherBug Version 6.06 desktop weather monitoring application and the WeatherBug Browser Bar Version 2,0,4,1 browser toolbar. To qualify for Spyware Free Certification from TestPros, application software and web site software are subjected to extensive testing to verify that they are free of malicious Spyware and viruses at the time of testing. To ensure the continued safety and integrity of TestPros Certified software, ongoing compliance monitoring is performed on a regular basis during the Active Certification Period. If the ongoing compliance monitoring reveals any compliance issues, the Certification is suspended until such time that the issue(s) are resolved to TestPros satisfaction. The following table describes the results of the mandatory testing performed in order to achieve compliance: SPYWARE-FREE CERTIFICATION TEST RESULTS SUMMARY TABLE Tested Software: WeatherBug Desktop 6.06 and WeatherBug Browser Bar 2,0,4,1 Mandatory Tests Test Requirement Result End-User Disclosures (EULA and/or Clear, up-front language, Pass  other documents), and installation. easy to understand. Installation Tests Installation procedure Pass  meets the Certification criteria. Behavior Tests All observed behavior and Pass  communication to/from the WeatherBug software was in compliance with the product EULA. Removal Tests Uninstall accomplished via Pass  Add/Remove Programs. WeatherBug software determined to be All observed behavior and Pass  Spyware Free. communication to/from the WeatherBug software was in compliance with the product EULA. WeatherBug software determined to be WeatherBug can be Pass  “ytm a dPi c S f” Ss e n r a y aev installed and run without compromising system integrity or personal privacy Our findings have revealed that the WeatherBug Version 6.06 software and WeatherBug Browser Bar 2,0,4,1 software meets all of the requirements prescribed by the TestPros Spyware Free Certification program. SPYWARE FREE CERTIFICATION: GRANTED Certification: Spyware Free –Consumer Safe Product Certified: WeatherBug 6.06 Desktop Weather Application and WeatherBug BrowserBar .2,0,4,1 Date Certified: May 1, 2006 Active Certification Period: May 1, 2006 –April 30, 2007 _________________________________________ Page 13 of 57 WeatherBug V6.06
  • 14. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Test Results Installation Tests The complete set of mandatory Spyware-Free Certification Tests has been run against the WeatherBug Desktop 6.0.6 and WeatherBug Browser Bar 2,0,4,1. A summation of the test results is provided in the tables below. INSTALLATION TESTS Test Test ID Test Criteria Result Comments I1 Merchant will provide user with a Pass  Merchant provides adequate clear notice of all items installed description of the desktop and their functions. application and the toolbar. This information is accessed by clicking on the WeatherBug application link in the home page. I2 Merchant will not install software Pass  On the above mentioned page, without clear and conspicuous merchant provides information notice to and consent from the about both the desktop and the user. The user, during the browser bar, with instructions on installation process, must be how to selectively install either. informed about the installation and major functionality of any and all bundled software. I3 Merchant will not bundle its Pass  software into other applications without clear and conspicuous notice of its inclusion and functions in the EULA and installation. I4 Merchant will not exploit security Pass  vulnerabilities or security settings as consent to install software without notice. Merchant must make every effort to prevent all scenarios where an installation may occur without clear and conspicuous notice. EULA alone is not sufficient. I5 Merchant will not install other Pass  applications that are not easily removable through Add/Remove Programs. _________________________________________ Page 14 of 57 WeatherBug V6.06
  • 15. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ INSTALLATION TESTS (Cont.) Test Test ID Test Criteria Result Comments I6 Merchant will not request personal Pass  Upon installation, the user is information unless it is essential to required to supply gender, email the program function, it is for address, zip code, year of birth purposes of authentication or and connection speed validation or it has received express (broadband or dial-up). The only consent for any other use. Any essential information is the zip user data collected will not be code and the connection speed. shared or used in any way that The gender and year of birth are compromises the end-u e’ sr s used for advertising privacy. Use of personally demographics. Email is used for identifiable user data for marketing product updates and offers. purposes will only take place with explicit user consent through opt-in. I7 Merchant will not automatically opt Pass  The user can easily opt-out of users in to deals, offers, newsletters special offers and updates. and other material of the same nature from the distributor or other parties without featuring prominent opt-out functionality. User must either opt-in through check box 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. _________________________________________ Page 15 of 57 WeatherBug V6.06
  • 16. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Installation Tests –Additional Observations Additional information and observations from the testing of the WeatherBug application are 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 the do d w b te“e rh b t no t rp o n y h S ac ” ut n he o browser 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). The only essential information is the zip code and the connection speed. The gender and year of birth are used for advertising demographics. Email is used for product updates and offers, which can be declined via checkbox in the installation panels. Random values can be sent without any impact on the functionality. 3. Installation Logs a. WeatherBug lists the installed files in an installation log (INSTALL.LOG) located in the installation target directory (C:Program FilesAWSWeatherBug). b. The WeatherBug Browser Bar does not provide an install log. . _________________________________________ Page 16 of 57 WeatherBug V6.06
  • 17. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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. U e ccs n“ o n a We teB gfr C . s r lk o D w l d ah ru o P ” i o 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 ActiveX controller. The user clicks on the notification and the ActiveX component is installed. 4. N x te“ tre E p rr S c ry ri ” e th I en t x l e – e ui Wan g dialog box is displayed“ oy u n o t n D o w n t i tlh s f ae.T eu e ccs nIs l n tei tlt nd l a to n a ti ot r” h s r lk o n t l d h n aai io s l s w i aa s lo ag box appears 5. The user is asked for the zip code. 6. A progress dialog box is opened, indicating the downloading progress. 7. T eE L a p as T eu e ccs N x t c ni e h U A p e r. h s r lk “ e t o o t u . i ” n 8. The next dialog lets the user choose the installation type: typical or custom. Typical installation included WeatherBug and the WeatherBug Browser Bar. This is the first indication of the browser bar in the disclosures. The user can elect to i tl i o th bo s r a b c o s g“ u tm”n tlt n n a wt u te rw e b r y h o i C s s l h n o i aai . s lo 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 is provided for opting-out of product updates. The default value is checked, so the user must uncheck it to opt-out. The information the user provides is not verified, nor is it personally identifiable. The user complee tefr a dccs N x . ts h om n lk “ e ti ” 11. The WeatherBug Sponsor Select dialog appears. The user picks a category (Insurance, Home & Garden, Hotels, etc.) a dccs N x . n lk “ e t i ” 12. The user selects a sponsor fro alt n ccs N x . m i a d lk “ e t s i ” 13. T en x d l ia“h n y ufr e cn X Za y u S o s rwt h e t io s T a k o o s l t g Y s o r p n o” i ag ei h i omai a o th s l tds o s r T eu e ccs Fn h a dte n r t n b u te e c f o e e p n o. h s r lk “is ” n h i i WeatherBug application appears. 14. The next time the Internet Explorer is opened, the WeatherBug Browser Bar is activated as part of IE. 15. Cookies were used in the course of the transfer. The transfer endpoints included Directory Number of Size Comment files Program FilesAWSWeatherBug 22 files, 1 5.4 MB Includes installation folder log and uninstall program as well as all binaries. Program FilesMyWebSearchWB 15 files, 5 431 KB Includes all binaries folders Documents And Settings<user 9 files 597 KB Bit map images and name>Application jpegs. DataWeatherBug Registry 223 keys Many of these are Footprint created, 613 just temporary. values created _________________________________________ Page 17 of 57 WeatherBug V6.06
  • 18. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Behavior Tests BEHAVIOR TESTS Test Test ID Test Criteria Result Comments B1 Mec a t in t n o au e’ rh n wl o mo i r s r l t s Pass  online activity, including but not limited to web pages viewed or accessed, user selected content, entered keywords or search terms, and relays in whole or part to remote or secondary computer or server and match that activity to any personally identifiable information without clear and conspicuous notice and consent from the user. If Merchant collects data about the user that can be used to personally identify the user, the Merchant must first obtain users express consent through check box or other means, as described above. B2 Merchant will not present Pass  Advertisements appear only advertisements which are not inside the WeatherBug Desktop clearly branded or identified as GUI. originating from the Merchant and/or software and/or functionality that serves the advertising. B3 Each pop-up advertisement served Pass  No pop-ups were observed by Merchant must have a link to information about the software that would include instructions for removal of the software that serves said advertising. Merchant will not present pop-ups advertisements which do not clearly link to information about the software that includes instructions for removal of the service application. This paragraph #3 does not apply to any advertising that is embedded into a publisher web page (e.g. served as rd a 3 party ad network) with the approval of the web site publisher. _________________________________________ Page 18 of 57 WeatherBug V6.06
  • 19. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ BEHAVIOR TESTS (Cont.) Test Test ID Test Criteria Result Comments B4 Merchant will not alter the normal Pass  appearance of a website in any manner without the consent of the user, webmaster or owner in an effort to present advertisements to a user or to present contextually related links to advertisements. Pop-ups, in any form are acceptable, so long as they meet above criteria for branding and removal. B5 Merchant will not provide software Pass  that makes deceptive representations to consumers, such as that the software removes or prevents spyware/adware, when in fact it installs adware of its own. B6 Mec a t in t tz teu e’ rh n wl o ui e h s r l l i s Pass  computer as a relay for activity such as spamming, messenger spam distribution, DoS attacks, or extended system compromising such as accessing another c mp tr i o th o n r o ue wt u te w e’ h s authorization. B7 Merchant will not disconnect or alter Pass  teu e’i en t o n co s c h s r n re c n e t n u h s t i as dialup to connect the user to a premium rate service or other connection outside of the original ISP connections without their explicit consent and proper notice. B8 Merchant will not attach its software Pass  to any Windows or other program or service in order to prevent the easy removal of the program through Add/remove Programs, unless with the knowledge and consent of the user or the distributor of the program to which the software is attached.. _________________________________________ Page 19 of 57 WeatherBug V6.06
  • 20. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ BEHAVIOR TESTS (Cont.) Test Test ID Test Criteria Result Comments B9 Merchant will not monitor items Pass  such as but not limited to keystrokes, emails, instant messages, capture screenshots, history of open programs and or documents without clear and conspicuous notice to, and consent from, the user. B10 Merchant will not gain access or Pass  c nrl v r u e’c mp tr o t o e a s r o ue o s without clear and conspicuous notice and explicit consent from the user. B11 Merchant will not include or use any Pass  No updates were observed automatic updating feature that during the test period. The user materially changes the types of can check for updates from the information collected, the ways preferences GUI. such information is used, or the persons to whom such information is disclosed without clear and conspicuous notice to the user. B12 Merchant will not alter search Pass  results, home pages, or search pages outside of the standard results provided by the default browser settings without clear and conspicuous notice and user consent. B13 Merchant will not place entries in Pass  the users HOSTS file that will redirect or block standard searches, queries, typed in URLs, and other sites without clear and conspicuous notice and user consent. _________________________________________ Page 20 of 57 WeatherBug V6.06
  • 21. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Behavior Tests –Additional Observations Additional information and observations from the testing of the WeatherBug application are listed below. 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 be innocuous. The entire transaction required on average little more than 600 bytes. On a broadband connection, the activity is not noticed. On a dialup, WeatherBug can be configured to dial automatically for updates. b. Communications were monitored for an extended period of time. All communications emanating from WeatherBug were found to be compliant. 2. WeatherBug Browser Bar provides a means to activate WeatherBug Desktop and to perform web searches. a. Current temperature (of the configured location) is displayed in a button at the top of the browser along with a WeatherBug bug icon. b. Clicking on the current temperature opens the desktop application and brings it to the foreground c. The search button sends the search term along with a cookie. The cookie with a user id, a partner (WeatherBug), a primary search engine name (Ask Jeeves, Google etc) and an additional token. These elements were deemed to be innocuous. 3. WeatherBug Desktop and WeatherBug Browser Bar software, as tested, was determined to satisfy the behavioral requirements for Spyware-Free certification. 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. _________________________________________ Page 21 of 57 WeatherBug V6.06
  • 22. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Removal Tests REMOVAL TESTS Test Test ID Test Criteria Result Comments R1 Application (or all active portions of Pass  Both the desktop and the the Application) should be easy to browser bar were successfully remove using standard uninstall uninstalled via Control Panel - mechanisms such as Control Panel Add/Remove. In addition, there –Add/Remove Software. were shortcuts to the uninstall program for each component outside of Add/Remove. R2 Merchant will not require internet Pass  access to uninstall applications R3 Merchant will not require Pass  unnecessary information in order to uninstall including but not limited to email addresses, names, physical addresses, and other personal information. R4 Merchant will not leave active Pass  portions of the program that originated with the install resident without clear and conspicuous notice and consent from the user. R5 Merchant will not cause damage to Pass  . or remove any component of the operating system such as Winsock files. R6 Application will not reinstall itself or Pass  portions of itself after it is removed and without clear and conspicuous notice to and consent from the user. _________________________________________ Page 22 of 57 WeatherBug V6.06
  • 23. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Removal Tests –Additional Observations Additional information and observations from the testing of the WeatherBug application are listed below. 1. WeatherBug software, as tested, was determined to be easy to c mpeeyrmo e(u -isal . o ltl e v “ n n tl ) ” 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 FilesAWS. This can be removed manually. c. The browser bar left a folder with some inactive elements: C:Program FilesMyWebSearchWB. This was deemed to be harmless and can be removed manually. _________________________________________ Page 23 of 57 WeatherBug V6.06
  • 24. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Appendix-A DISCLOSURES The EULA comes in two parts: 1. Software Use Agreement 2. 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 AND CONDITIONS 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 and AWS WeatherBug Plus products and related services (the "Services"). If you do not agree with these terms, do not install or use the Software. If you choose to install the WeatherBug Browser Bar, powered by MyWebSearch, a program made available by Ask Jeeves, Inc. please also read that (separate) License Agreement, which is appended to the end of this Agreement. THIS SOFTWARE IS ADVERTISING AND SPONSOR SUPPORTED. The Software is provided for your use, as described below, free of charge, (unless you have activated the WeatherBug Plus features by purchasing a subscription to that service), and is supported by advertising and sponsorship revenue. Periodically, you may be asked to select a sponsor for a particular session of WeatherBug use. If you decide to select a sponsor in this instance, you will be presented with ta s o s r mak t gme s g tru hb n e a v rs me t a do av i oap g o te h t p n o’ rei s n sa e ho g a n r d ete ns n /r it i st ae nh s o s r w b i . d ete ns ig n rl b d p y dwithin the frame of the p n o’ e se A v rs me t wl e eay e i l e s t i l l sa WeatherBug application. Moreover, we may deliver topical weather reports and news and information from our weather experts in separate browser windows that may have advertisements as well. You will ONLY be shown advertisements from the Software when the Software is actively displaying weather information in a window on your screen. PRIVACY STATEMENT. The WeatherBug Software requires no personal information (beyond your zip code) in order to function. We may ask you for additional information, in order to personalize your experience or deliver more relevant messages to you. In some instances, this additional information may be required. If you choose to provide us with additional information, we will not share it with any third parties unless you expressly give us permission to do so, and will safeguard 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 Software may communicate with our servers. THE SOFTWARE DOES NOT MONITOR OR REPORT BACK TO AWS ANY INFORMATION ABOUT WHERE YOU ARE SURFING OR WHAT YOU DO ON ANY WEBSITES. The Software communicates only in connection with providing our Services or in connection with updates. You hereby consent to such communications. If you wish to withdraw your consent to this communication, please uninstall our Software. You may find uninstall instructions here: http://www.weatherbug.com/aws/support/60faq_uninstall.htm _________________________________________ Page 24 of 57 WeatherBug V6.06
  • 25. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ CONSENT TO INSTALLATION AND RIGHT TO UNINSTALL. You understand that you may uninstall 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 your computer by AWS of software which allows us to update the Software for the purpose of fixing product defects, enhancing the weather warning, alerting or other functionality, or providing enhancements to improve your interaction with the Software, and that such updates may occur without notice to you. You agree to accept all such updates and agree that they are and shall be governed by this Agreement unless superseded by a successor agreement as described in paragraph 12 below. 1. LICENSE GRANT. AWS grants to you a non-exclusive license to use the Software as described below. You may: 1.1.1 use the Software on any single computer for personal, non-commercial use unless otherwise agreed to in writing by AWS; 1.1.2 copy the free version of the Software only, without modification for distribution to third parties free of charge; and 1.1.3 copy the Software for archival purposes, provided any copy must contain all of the original Software'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 extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software; 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, content and/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 the purpose of educating the students enrolled therein. 2. "AS IS" WARRANTY. 2.1 THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 2.2 More specifically, AWS does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. AWS does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. AWS does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk 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 above exclusions or limitations may not apply to you. 3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the data displayed 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 related rights in the data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to _________________________________________ Page 25 of 57 WeatherBug V6.06
  • 26. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ such content. 4. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Software in your possession or control. 5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING. 6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). AWS and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. 8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-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 at 252.211-7015, 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 software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or 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 is provided for your use, as described above, advertising-free for an annual subscription fee. PLEASE READ THE FOLLOWING WEATHERBUG PLUS SUBSCRIPTION POLICIES AND PROCEDURES CAREFULLY. BY SUBSCRIBING TO THIS PRODUCT AND/OR CLICKING ON "ACCEPT" BELOW, YOU ARE AGREEING TO THESE TERMS. _________________________________________ Page 26 of 57 WeatherBug V6.06
  • 27. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Pricing Policy- *If you have downloaded the product, a subscription charge of $19.95 for a 12-month subscription will be charged to Visa, MasterCard, or American Express. This fee includes an annual processing and billing fee of $3.75. *Allow up to 24 hours after the subscription process is completed for WeatherBug Plus subscription services to become available. Subscription Initiation/Personal Activation Code- *Upon subscription and credit card verification new subscribers will receive an introductory email with a billing summary and Personal Activation Code. It will be necessary to reference the Personal Activation Code in all correspondence relating to WeatherBug Plus billing and technical issues. *Personal Activation Codes are sent to subscribers of WeatherBug Plus. Subscribers may activate a WeatherBug Plus subscription on up to two computers using the Personal Activation Code that is sent in the introductory email. In both cases the subscriber must be the primary user of the computer. *NOTE: Keep Personal Activation Codes secure from unauthorized access. Unauthorized use of Personal Activation Code will deactivate WeatherBug Plus features. To report fraudulent use, email us at prosupport@weatherbug.com. Renewal Policy- *WeatherBug Plus subscriptions that were initiated through a downloaded product will renew automatically on the anniversary of each 12-month subscription period. At renewal the subscriber'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 not received due to a closed or invalid credit card. If for any reason subscriber's credit card is rejected subscriber may receive an email, requesting a valid credit card number to continue their WeatherBug Plus subscription. Refund Policy and Procedures- *30 Day Risk Free Policy-Within the first 30 days of any 12-month subscription period the subscriber may request, and will be granted, a refund for the entire WeatherBug Plus annual subscription 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 for the remainder of the days within the calendar month in which a refund is requested (unless requested in first 30 days of subscription). All refunds will be credited to the original credit card used when subscribing to WeatherBug Plus. To request a refund subscribers should email prosupport@weatherbug.com 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. WeatherBug and/or AWS Convergence Technologies, Inc are not responsible for any unauthorized use of credit card information by Paymentech personnel. 11. AMENDMENT. AWS may, in its sole discretion, change, modify, add or remove portions of this license at any time. AWS may notify you of any such changes by posting notice of such changes on the WeatherBug website(s) or sending notice via e-mail, postal mail or other means. _________________________________________ Page 27 of 57 WeatherBug V6.06
  • 28. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and the Services. 12. MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Maryland law (except for conflict of law provisions). The application of the United 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 USING SOFTWARE OR DATA (EACH AS DEFINED BELOW) : By accessing, downloading, or using the WeatherBug ("WeatherBug") WAP 2.0, Mobile Alerts (SMS), Java (J2ME), Smartphone or subsequent Application(s) for wireless communications devices (the "Software") and/or any WeatherBug Data and other content accessed therewith accessed by wireless communications devices (the "Data"), you ("YOU") agree to be and are hereby bound by the terms and conditions of this End User License Agreement (this "Agreement"). If applicable, You must also agree to certain terms and conditions relating to Your subscription to the Software and Data, as may be required by third parties acting on behalf of WeatherBug (the "Third Party Subscription Terms"). If You does not agree to the terms and conditions of this Agreement (and the Third Party Subscription Terms, if applicable), You should not access, receive, download, sync, use or possess the Software and/or Data and must immediately destroy any and all copies of the Software and Data and/or Content made by You. 1. Grant of license. WeatherBug hereby grants to You a non-exclusive license to use the Software and/or Data subject to the following terms: You may: (a) install the Software on one wireless communications device (and use the Software and Data for personal, non-commercial purposes only; (b) access the Software and Data via wireless communications device; (c) view the 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 terms expressly listed above. Without limiting the foregoing sentence, You shall not permit any other individual or entity to: (a) use the Software and Data for service bureau, time-sharing or other similar purposes; (b) use the Software and Data following expiration or termination of the applicable subscription period; (c) modify, translate, reverse engineer, decompile, disassemble or create 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 transfer rights to the Software and Data; and (f) remove any proprietary notices or labels on or relating to the 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 any reason, including but not limited to a breach of any of the terms of this Agreement or the Third Party Subscription Terms if applicable. 2. Enhancements and Updates. This license does not grant You any right to any enhancement or update of the Software and Data and any other licensed material contemplated by this Agreement. 3. Protection of Intellectual Property Rights. WeatherBug and/or its suppliers and licensors retains all rights, title and interest, including without limitation, rights of trademark and copyright in the Software and Data, the trademark WeatherBug and WeatherBug.com; any other trademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietary products owned by WeatherBug. The Data and all rights thereto, are the property of WeatherBug and are protected by applicable copyright or other law. This license gives You no rights to such Content or Data. You shall not claim any rights including without limitation, trademark or copyrights in any Software or Data. 4. Termination. This Agreement shall terminate automatically if You fail to comply with any of the terms and conditions described in this Agreement. No notice shall be required from WeatherBug to effectuate such termination. In addition, WeatherBug may terminate this Agreement immediately for any breach by You of the Third Party Subscription Terms, if applicable. On _________________________________________ Page 28 of 57 WeatherBug V6.06
  • 29. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ termination, You must promptly destroy any and all copies of the Software and Data and/or Content. In the event of any termination by WeatherBug pursuant to this Section, You shall not be entitled to any refund of pre-paid subscription fees. 5. DISCLAIMERS. YOU ACCESS AND USE OUR SOFTWARE AND DATA AND ANY OTHER CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK. 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 THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR SERVICES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR THE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN ADDITION, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR AFFIRMATIONS THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS THE REPORTS, FORECASTS, DATA, OR INFORMATION STATE, REPRESENT OR DEPICT AND IT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, OR OMISSION FOR WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING OR OCCURRED. YOU ARE ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY. 6. WAIVER OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEATHERBUG OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THE AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF. 7. Governing Law & Jurisdiction. The parties agree to submit to the Maryland Courts only, for any dispute arising out of this Agreement or related thereto, and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Maryland law and this paragraph shall supersede any conflicting choice of law rules. 8. Severability. In the event any term of this Agreement is found by any Court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of its execution as long as a party's rights under this _________________________________________ Page 29 of 57 WeatherBug V6.06
  • 30. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision. 9. Export Restrictions. You acknowledge that the software, data and other underlying information or technology licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendment thereof. You acknowledges that no software, data and other underlying 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. has embargoed goods, or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. 10. Entire Agreement. This Agreement represents the entire agreement of the parties hereto related to the subject matter hereof and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Agreement are of no force and effect. This Agreement may be modified only in writing, any such modification being signed by both parties. 11. Waiver. Any waiver hereunder must be made in writing, and failure at any time to require the other party's performance of any obligation under this Agreement will not affect the right subsequently to require performance of the obligation. 12. Assignment. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or delegated by You, to any other person or entity without the prior express written consent of WeatherBug. 13. Events Beyond WeatherBug's Control. WeatherBug shall not be held responsible for any failure 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 renew their contractual arrangements with WeatherBug, nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of WeatherBug. The unavailability of Software of Data from WeatherBug's source suppliers shall not be considered a disruption of services 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 FOR MYWEBSEARCH 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 and abide by its terms in order to download and use MyWebSearch. You must be 18 years of age in order to agree to this contract. IF YOU ARE NOT YET 18, YOU MUST ASK YOUR PARENT OR GUARDIAN TO DOWNLOAD MYWEBSEARCH FOR YOU. By agreeing to this contract, software with the following features will be placed onto your computer: SEARCH BOX: This is a toolbar that will help you search the Internet using various search engines. In addition, an Easy Installer will be downloaded to install this software. It is automatically deleted _________________________________________ Page 30 of 57 WeatherBug V6.06
  • 31. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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 ARE SPYWARE 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 NOT WANT 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 Remove Programs" button, then look for MyWebSearch, and click on the "Change/Remove" button. WHAT FOLLOWS NOW IS THE END USER LICENSE AGREEMENT WHICH IS THE FORMAL CONTRACT 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 its parent 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 generally available version of the Software (including all updates thereto), and (b) use the Software you download 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 for your own backup purposes), or in any way transfer the Software or use the Software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation 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 not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain the sole property of Licensor. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use the Software at any time, and we may at any time suspend or terminate any license hereunder and disable the Software or any of its component features. We reserve the right to add additional features or functions to the existing Software. When installed on your computer, the Software periodically communicates with our servers. We may require the updating of the Software on your computer when we release a new version of the Software, or when we make new features available. This update may occur automatically or through other means and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current END USER LICENSE AGREEMENT/TERMS OF SERVICE/PRIVACY POLICY before you will be permitted a limited license for any subsequent versions of the Software. You acknowledge and agree that we have no 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. You acknowledge that the Software, including all code, content, protocols, software, and documentation provided to you by Licensor in conjunction with the Software or our services are Licensor's property or the property of Licensor's licensors, and are protected by U.S. and _________________________________________ Page 31 of 57 WeatherBug V6.06
  • 32. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary 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 other proprietary rights notice we have placed on the Software. All rights not expressly granted hereunder 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 other materials ("Content") made available or accessible through the Software or our services, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Software, such as by clicking through to a third-party website by following a search results link, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission 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 by users of the Software. The Software is exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that the Software, and any information you download or offer to share by means of the Software, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom. In addition, all Content made available or accessed through the Software is the property of the applicable Content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such Content. 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 copyright rights of others. Licensor reserves the right to disable the access to the Software and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. 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 in Section 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, THE FOLLOWING FEATURES WILL BE ADDED TO YOUR BROWSER: SEARCH BOX will: add a toolbar to your Internet browser. The browser toolbar is customizable and will provide you with easy access to search results from several of the best search engines on the Internet. THE SOFTWARE (INCLUDING ALL FEATURES) CAN BE UNINSTALLED FROM THE "ADD OR REMOVE PROGRAMS" DIALOG BOX IN THE WINDOWS CONTROL PANEL, WHERE IT IS LISTED AS "MY WEB SEARCH BROWSER." _________________________________________ Page 32 of 57 WeatherBug V6.06
  • 33. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ The Software does not collect any personal information about you (such as your name, email address, etc.). Further, the Software does not: (a) collect or report back to us any information about sites you visit on the Internet; (b) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to Licensor any data regarding your computer keystrokes or other 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, IP address, an anonymous unique ID, and a code which identifies the distribution source of the Software used by you to conduct your search. We use this information in order to properly process your search request. For example, this data provides us with: information on which language you prefer to use; aggregated click information for the purpose of ensuring that our search partners are appropriately compensating us; information that allows us to make accurate payments to our distributors; aggregated usage and retention information; and aggregated search query information for the purpose of further monetizing commercially oriented search keywords. Importantly, all information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous. In addition, all information about search activity is evaluated only on an aggregated basis (excepted in response to a customer service inquiry or legal process), and we do not disclose any non-aggregated information 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 uses "cookies". We do this for two reasons. First, we use the cookies to store a code designating a distribution source for the Software. This information allows us to properly distinguish Software for purposes of compensating third parties who distribute our product and to analyze retention and usage on an aggregated basis. Second, the Software uses cookies to store user preferences. For example, we use a cookie to record which search engine you have selected as your default provider. We do not use cookies to track your use of the Internet in any other way or to store any personally-identifiable information, and we do not disclose cookie information 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 is approximately 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, as outlined above. Again, all of this information is kept strictly anonymous, is non-personally identifiable, and is used only for purposes of delivering search services and content in accordance with your preferences and providing us with data on an aggregated basis relating to retention, 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 Software at any time by following the instructions on the Website, or using the Windows add/remove programs function to remove the Software. Each of the Software's component features can be hidden or deactivated using the dropdown menu on the toolbar which the Software installs in your Internet 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 this privacy policy and a policy listed on one of the other Web Sites, this policy shall control. _________________________________________ Page 33 of 57 WeatherBug V6.06
  • 34. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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 personally identifiable 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 you specifically request an email response to a customer service inquiry or contact is required in order to protect someone's safety or to enforce our Terms of Service. You are not required to provide an 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 your computer that allows us to identify your Web browser. We use cookies to improve the quality of our service, and to store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information (such as your real name or address) unless you have 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. We in no way associate your IP address with any cookies and do not use your IP address in conjunction 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 relating to a Web Site or the Software are transferred to another entity, we may transfer all information provided by or collected from you, including personally identifiable information, in order to ensure continuity of your service. We will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. We also reserve the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect 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 computer where the Software is installed. No registration is required to use the Software. However, if you elect 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 Licensor has reasonable grounds to suspect that such information is inaccurate, not current or not complete, 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 the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. The services described 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 like applicable to use of the Licensor services and Software. You agree not to use the Software or any other services provided by Licensor to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. 8. Access and Interference; Passwords You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Software, services or content, except to remove our Software from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate _________________________________________ Page 34 of 57 WeatherBug V6.06
  • 35. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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 against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation. In order to access certain services which may from time to time be offered by Licensor, you may be required to accept additional terms and conditions and/or, establish an account including an unique identification code or name (an "ID") and password (a "Password"). You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible 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 you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of ASK JEEVES. None of the Submissions shall be subject to any obligation of confidence on the part of ASK 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 hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, 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 other World 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 sites or 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 further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such 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 CONTENT AVAILABLE THROUGH OUR SOFTWARE, SERVICES OR ON OUR WEBSITES AT YOUR SOLE 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. _________________________________________ Page 35 of 57 WeatherBug V6.06
  • 36. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR SOFTWARE OR OUR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR SOLE 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. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE SOFTWARE OR LICENSOR'S SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, (B) THAT THE SOFTWARE OR LICENSOR'S SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE SOFTWARE OR THE SERVICES WILL BE CORRECTED, OR (D) THAT WE WILL RECOGNIZE ANY OCCURRENCE OF IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE SOFTWARE OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. ASK JEEVES MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT. PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM ASK JEEVES PERSONNEL OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. 12. Termination You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control. We may terminate this Agreement or your account (or any part thereof), disable the Software or cease providing any service at any time in our sole discretion. You agree that we shall not be liable 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 OR ITS AFFILIATES, OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY", _________________________________________ Page 36 of 57 WeatherBug V6.06
  • 37. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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 OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO: (i) YOUR USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, SERVICES OR SOFTWARE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS 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) ANY OTHER MATTER RELATING TO THE SOFTWARE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.) SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, T E T EP O E T DP R IS A G E A ELA IIY F RA YR A O A DF R H N H R T C E A TE ’ G R G T IBLT , O N E S N N O ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SOFTWARE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY LICENSOR PER YOUR USE OF THE SOFTWARE PER MONTH AS CALCULATED BY LICENSOR BASED ON THE SUE OF THE SOFTWARE (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY LICENSOR) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN A SOFTWARE USER. THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO P YC S S D MA E O A T R E S F E F R A YC AM B S DU O :A A Y A O T , A G S R T O N Y ’ E S O , N L I A E P N () N METHOD OR PROCESS IN WHICH THE SOFTWARE MAY BE USED BY YOU; (B) ANY RESULTS OF USING THE SOFTWARE; (C) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF THE SOFTWARE; OR (D) THE COMBINATION, OPERATION OR USE OF THE SOFTWARE WITH THIRD PARTY PROGRAMS OR DATA. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY 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, D MA E A DO C S S( C U IG B TN TLMIE T , T O N Y ’ E S A G S N / R O T I L DN , U O I T D O A T R E S F E ) N ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY ASK JEEVES OF ANY UNAUTHORIZED USE 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 or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the US h s urnle ag e g o s o ()oa y n o teUS Te s r D p r n’lt f .. a c r t mb ro d o d ; rb t n o e n h .. ra uy e at t i o e y me s s S e ilD s n tdN t n lo teUS C mmec D p r n’T b o D n O d r.B p c l e i ae ai a rh .. o ay g o s re e at t a l f e y res y me s e _________________________________________ Page 37 of 57 WeatherBug V6.06
  • 38. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. 16. Notice to Government End Users Any Software, software and documentation hereunder downloaded or otherwise installed for or o b h l fh U i dSae o A r a i a e c s n /rn t me tle ( .. n e a o te n e tts f mei , s g n i a do i r nat s “ S f t c t e su ii U G v rme t, po i dwt R s ie Rg t a “o o en n” i rv e i e tc d i s s c mmec l e ,a ta tr id f e )s d h rt h ri I ms s h temss ei d at ” n a 4 CFR § .0 , o s t go “ o t 8 ... 21 1 c n ii fC mmec l o ue S f ae a d“ o sn ri C mp tr ot r” n C mmec l o ue a w ri C mp tr a S f aeD c me tt n” s u htr aeu e i 4 CFR § 22 2o 4 CFR § 2 .2 2 ot r o u nai ,a s c ems r s d n 8 ... 1 .1 r 8 ... 2 77 0 , w o 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 the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer 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 in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 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 the owner 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 not authorized 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 copyright o nr bhl w e’ e a . s f Pe s c na t S J E E ’ o yi t g n fr oi o c i o c p r h i r g me t s l e o tc A K E V S C p r h A e to N te f lms f o yi t fn e n a a g c a g ni follows: Annie Cappeller c/o ASK JEEVES, Inc. (My Web Search Product) P.O. Box 228 Irvington, N.Y. 10533 914-591-0204 copyright@help.mywebsearch.com. 18. Applicable Law The substantive laws of the State of California in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) any or all of the services or the Software. Subject to the dispute resolution procedures set forth below, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in San Francisco County, California, with respect to all matters arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related 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. _________________________________________ Page 38 of 57 WeatherBug V6.06
  • 39. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 19. Arbitration Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be 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 you further waive all rights to have damages multiplied or increased. This shall not preclude Licensor from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in San Francisco, California or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confident the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties 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) an p r ’r h t a p a o t s e mo i ai o rlgb teab rtr is ill td y ats i to p e r ro e k d i t n fun y h riaoss tcyi e . y g f o c i t r t mi 20. Successor Agreements The terms of this Agreement may change from time to time. You should check back at the Website regularly to determine if any material changes have been made. We will prominently post material changes on the Website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement. You agree that your continued use of the Software or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must remove the Software from your computer and cease all access to and use of your services hereunder. 21. Other Agreements If you have executed another license agreement with us with respect to this Software, then notwithstanding any other term in this Agreement the terms of that license agreement shall control your use of the Software. 22. General This Agreement, as modified from time to time as described above, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Software or our services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Software and our services. You shall not thereby be entitled to any refund or credit. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by Licensor or act as estoppel against later enforcement. You may not assign any of your rights or delegate any _________________________________________ Page 39 of 57 WeatherBug V6.06
  • 40. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ of your obligations under this Agreement without the prior written consent of Licensor. Licensor shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of its services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of Licensor. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-4, 7-14 and 17 of this Agreement will survive any cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. The Software and the services are not intended for use by or availability to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE 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: eula@help.mywebsearch.com. Effective Date: June 1, 2005 © 2005 ASK JEEVES, Inc. All rights reserved. _________________________________________ Page 40 of 57 WeatherBug V6.06
  • 41. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ 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 be notified 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, and distribution 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 by promoting the use of fair information practices. This privacy statement covers the site www.weatherbug.com and www.aws.com. Because this website wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe. Questions regarding this statement should be directed, via e-mail, to privacy@weatherbugsupport.com If we have not responded to your inquiry in a timely manner, or your inquiry has not been satisfactorily addressed, please contact us at 1- 800-544-4429. [ 12410 Milestone Center Drive, Suite 300, Germantown, Maryland 20876.] If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with the website to resolve your concerns. To return to the WeatherBug home page, please use the "Back" button on your browser. TRUSTe certification covers only information that is collected through the Web pages hosted on www.weatherbug.com and www.aws.com. . _________________________________________ Page 41 of 57 WeatherBug V6.06
  • 42. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ What is our Privacy Philosophy? The Internet is rapidly changing the way all of us communicate and interact with each other. While the Internet allows each of us access to more information and services than ever before, these new online activities raise new challenges, such as the privacy issues addressed in this policy. WeatherBug.com is committed to working with public policy organizations, industry groups, and government institutions to understand and address these challenges as they arise. Most importantly, we believe that having a relationship with our customers that is founded on trust is good business. Any feedback you would like to provide to help us better meet your expectations in this area is welcomed. Read our Bill of Rights. Back to Top What Personal Identification information is collected? WeatherBug.com wants to make your online experience satisfying and safe. Our data collection 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 satisfying online experience while allowing you to control your privacy. WeatherBug.com collects information online primarily to make it easier and more rewarding for you to use our services. When you register, you will be asked at various times to provide information such as your name, email address, and/or information about what you like and do not like. We request this information to provide our strongest value to you - a personalized online experience. Customers who personalize our service come back more often - and it's the customers that visit us often who make us successful - so we do everything we can to make WeatherBug.com your service with your name on it and to give you just the content you want. Information collected online is often defined as being either anonymous or personally identifiable: Anonymous Information refers to information that cannot be tied back to a specific individual. 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. What we collect from transactions such as this constitutes anonymous information. Some of the individuals who access our services decline to use the personalization features that are available to them, and therefore those individuals are anonymous to us and the data we collect is similarly anonymous information. Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, e-mail address, mailing address. We also collect demographic information such as ZIP Code and date of birth. In many cases we need this information to provide the personalized or enhanced service that you have requested. We hope that, like many of our customers, you will find it beneficial to judiciously provide Personally Identifiable Information to WeatherBug.com so that we may provide more valuable free content and products to you. _________________________________________ Page 42 of 57 WeatherBug V6.06
  • 43. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ If you make a purchase via the WeatherBug e-store, the following Personally Identifiable Information, both bill-to and ship-to, will be collected as part of your purchase for the purposes of processing your transaction: name, address, city, state, ZIP, phone, fax, as well 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 for y u fe d n mea de i d rs. wl uo tay e dy u fe dao e o rr n ’ a i s n ma a de sWe ia tmai l s n o rr n l l cl i n -time email inviting him or her to visit the site. AWS stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at privacy@weatherbugsupport.com to request that we remove this information from our database. The amount of Personally Identifiable Information that you choose to disclose to WeatherBug.com is completely up to you. The only way we know something about you personally is if you register for a personalized service or promotion. In other words, we will know Personally Identifiable Information about you only if you choose to share this type of information with us. When you surf the Internet, your Internet browser (such as Netscape Navigator® or Microsoft Internet Explorer) automatically transmits some information to WeatherBug.com every time you access content on one of our sites. Examples of such information 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 browser version you are using to access our site. All of this information is collected by WeatherBug.com and is used to help improve our offerings to you. For instance, we use this information to determine the fastest and most concise method possible for you to download the WeatherBug executable file to your computer - simplifying the entire download process. When using the WeatherBug online application, the application will make frequent http calls back to our servers to provide you with the most current live weather conditions, weather information and alerts. During these events, no Personally Identifiable Information 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 to function properly; 2. DOES NOT initiate downloads or installations without your approval; and 3. 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). A cookie is a small text file that contains a unique identification number stored on your computer. 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 _________________________________________ Page 43 of 57 WeatherBug V6.06
  • 44. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ our server computers whenever you interact on one of our Internet domains. When you visit our site, a cookie is read by our server computers. Every Web page that you access that includes advertising or content served from WeatherBug.com will have the contents of your cookie reported in our server logs. But only when you agree to provide Personally Identifiable Information directly to a AWS branded service, such as through registration, will we be able to know anything about you other than the random number that 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, and can only be read by the serving domain that placed them. For instance, Yahoo! utilizes cookies, 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 server computers to recognize your computer's browser when you return. If you have ever gone to 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 accomplished with a cookie. Since cookies are only text files, they cannot "run" on your computer and have 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 just take 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 tracking pixels), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to c o i .nc nrs t c o i , h haes rdo au e’c mp tr addi , l r o k s I o t to o k s w i r t e n s r o ue h r r e c a e a e c o s v e gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our c s mesp ro ayd ni b i omai . u t r’ es n l i ta l n r t n o l e f e f i o We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please contact us at privacy@weatherbugsupport.com. Back to Top What is the Privacy Policy for minors? AWS is concerned about the safety of children when they use the Internet. We want you and your family to be safe while visiting our Internet sites. That is why we have _________________________________________ Page 44 of 57 WeatherBug V6.06
  • 45. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ established the following guidelines for the way we interact with children when they access our services. Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request Personally Identifiable Information from anyone under the age of 13 without requesting verifiable parental consent. Additionally, AWS offers levels of protection for minors that are beyond what federal law requires. While AWS will not target registration to those under 13 without using the safeguards listed above, we recognize that some minors will utilize the registration forms associated with our general release products. If a customer registers with us and their birth date indicates that they are under 13 we will: Never knowingly send a copy of a mass emailing to them, even if they gave us 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 during registration. Never list them in any Member Directory in a manner in which their age can be 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 to ensure that Personally Identifiable Information regarding registered users under the age of 13 won't leave our company for commercial use; and that someone using our site won't be able to easily look up another person's age. It is important to state that AWS does not maintain personal information about children under age 13. These users become anonymous since AWS strips the database of any personally identifying information collected from individuals under 13 years of age. Back to Top What organization is collecting the information? The data you provide WeatherBug.com is collected by AWS Convergence Technologies, 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 Back to Top 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. _________________________________________ Page 45 of 57 WeatherBug V6.06
  • 46. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ The majority of the services that are provided for free through WeatherBug.com are the result of advertising revenues. Our ability to provide enhanced services and content to our customers is dependent on our ability to provide venues for our advertising partners that reach specific demographic segments of our customer base. Generally, advertisers have little interest in reaching a specific customer of our services - and as a matter of policy we provide no mechanism for an advertiser to reach you or any other specific customer. Instead, our advertising partners have the need to reach customers who share common demographic characteristics such as a specific gender or age range. For instance, certain products, such as sporting goods, may be purchased more often by men then by women, and therefore when advertising those types of products, the advertiser would prefer to target their messages just to men. The better job WeatherBug.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 from WeatherBug.com. Most importantly, at no time is your Personally Identifiable Information used to determine what advertising you receive nor do we use it to determine what type of advertising any other customer of WeatherBug.com will receive. Below is a description of the uses of the information that we collect and how our visitors and advertisers benefit from these actions: We provide personalized content in the form of weather conditions, forecasts, storm warnings, camera images, cool links and more to our users. We pay attention to what our 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 we serve advertising to create anonymous profiles about our customers. The creation of an anonymous profile allows WeatherBug.com to statistically model the demographic characteristics of a customer, without ever knowing that customer's name or any other Personally Identifiable Information about them. These anonymous profiles are used to target advertising - primarily banners - to those customers, both on the WeatherBug.com domain and any of the other Internet domains where we serve advertising. Through the use of anonymous profiles, WeatherBug.com can serve advertising to our customers that is more likely to be for products they would want, and sell that advertising for a higher price. This is essential to our ability to provide high quality content to our customers for free. WeatherBug.com never matches "Who you are" with "Where you've been" on the Internet because we do not use personal data characteristics such as your name, address or phone number to create these anonymous profiles but rather use primary demographic characteristics such as your age or gender. Finally, anonymous profiles present 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 our domains, only WeatherBug.com can create value from these anonymous profiles. We develop summary - but not individual - reports for our advertisers. An example of a summary report might be "12,000 people clicked on Advertisement 'X' today, and of those people, 35% had previously indicated they had an interest in sports." Our advertisers, who make it possible for you to use WeatherBug.com for free, need this _________________________________________ Page 46 of 57 WeatherBug V6.06
  • 47. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ information to determine how effective their advertising investments are. We never tell our advertisers who it was that saw or clicked on their advertisements, unless you have specifically told us it is acceptable to do so. Back to Top With whom may the information be shared? If you are providing us Personally Identifiable Information, it will only be used within the AWS, Inc Internet domains unless you choose to allow third party data sharing (by opting in for such distribution during the registration process). Should you choose to provide your information to third parties, WeatherBug.com will share aspects of your information with our valued partners. All of our partners help contribute towards many of the free services available on the WeatherBug.com. We use an outside shipping company to fulfill orders, and a credit card processing company to bill you for goods and services purchased from our estore. These companies do not retain, share, store or use personally identifiable information for any other purposes. Sometimes WeatherBug comes bundled with another piece of software that also requires registration. On some occasions WeatherBug will act as the central registration vehicle for both pieces of software. When this occurs, your registration information will be shared between WeatherBug.com, and the additional software provider. You will be informed of this fact in every instance of its use and, as always, you control how much Personally Identifiable Information to disclose. Other companies that place advertising on our site may collect information about you when you view or click on their advertising or content through the use of cookies (using the same techniques as described above). Due to the way the Internet technically operates, we cannot control this collection of information - but we can control which companies are allowed to place such advertising on our site. You should contact these advertisers or content providers that place information on WeatherBug.com directly if you have any questions about their use of the information they potentially collect. It should be noted that anyone placing advertising on our websites can only collect Anonymous Information about you unless you actively provide Personally Identifiable Information to them. In some cases, we may allow third party advertising companies to place cookies and Web Bea o s ntese ’ bp g s c n o h i sWe a e . t Our server computers will retain whatever Personally Identifiable Information you have provided to us, and it is potentially available for distribution to third parties - most obviously law-enforcement agencies acting under subpoena power, per the terms of this section of our Privacy Policy. Although unlikely, WeatherBug.com may be required by law enforcement or judicial authorities to provide Personally Identifiable Information the appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information upon receipt of the appropriate documentation. We do not use this information to target any advertising to our customers, nor is it ever willingly distributed to any third party, such as an advertiser, except if subpoenaed. _________________________________________ Page 47 of 57 WeatherBug V6.06
  • 48. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ On occasion, WeatherBug.com may offer affiliates the opportunity to host the WeatherBug for download, and to receive branding or other consideration in return for helping us increase the number of users for our product(s). In some cases, if you have downloaded the WeatherBug from an affiliate, the registration information that you provide may be shared with the affiliate. Please check the affiliate's own Privacy Policy to determine their information distribution policies. Finally, AWS does not control the information collection and distribution policies on Internet domains other than AWS Internet domains. If you choose to upload photograph(s) into the WeatherBug community section, we will collect the Personally Identifiable Information that you wish to share with us. This may include: name, location where the photo was taken and ZIP Code where the photo was taken. If you have participated in the WeatherBug Community and wish to have a photo removed, please send your request to support@weatherbugsupport.com. Back to Top What choices are available regarding collection, use, and distribution of the information? WeatherBug.com does offer you the ability to control the email communications we make to you. It is our intention to give you as much control over our relationship as possible. First, as mentioned earlier, the consumer always has the final word on whether WeatherBug.com - or any Internet company - knows who you are. It is your choice to share Personally Identifiable Information with WeatherBug.com, and we encourage you to consider only sharing information with any site on the Internet in which you feel you receive true value in exchange for that information transfer and if you respect the privacy practices of the firm. If you do choose to share Personally Identifiable Information with WeatherBug.com, you can control whether we contact you or share the information with third parties, either through choices you make at the time you share information with us, or through updates to your information. Any time information is requested from you on an AWS or WeatherBug.com Internet domain, you should see a clear indication of what your information distribution choices are. WeatherBug.com will always give you a chance to unsubscribe to any email communication from us - clear directions for doing so will appear in any email message we send to you. At times, WeatherBug.com may enter into co-branding arrangements with other companies, and if so, an opt-in question may be present for contact from these firms as well. Their opt-out features are specific to each organization, but you should never receive email from these organizations unless you have indicated that it is acceptable. All email from WeatherBug.com, or from co-brand partners who gain your permission to send you commercial email, will include an opportunity to opt out of future communications. WeatherBug.com does reserve the right to send a one-time registration confirmation email, and infrequent Service Alert messages to its customers to inform them of specific changes 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 regarding new or upgraded services or product offerings. We also reserve the right to contact you _________________________________________ Page 48 of 57 WeatherBug V6.06
  • 49. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ if compelled to do so as part of a legal proceeding or if there has been a violation of our Terms of Service. WeatherBug.com is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters that will be important to you. If your personally identifiable information changes you may contact us at privacy@weatherbugsupport.com with the necessary changes. If you no longer desire our service, or wish to delete/deactivate our service please do the following: (1) uninstall the application and (2) send an email to privacy@weatherbugsupport.com requesting full removal from all AWS databases. Back to Top 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 firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. Secure Socket Layer or SSL encryption is used to transmit sensitive data such as credit card information. If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. 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. Back to Top WeatherBug.com Customer Information Privacy Policy, last updated June 4, 2004 AWS Convergence Technologies, Inc., All rights reserved. _________________________________________ Page 49 of 57 WeatherBug V6.06
  • 50. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Appendix-B Screen Shots Figure 1: WeatherBug Home Page. User clicks on download link for free version of WeatherBug _________________________________________ Page 50 of 57 WeatherBug V6.06
  • 51. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Figure 2: Description of the WeatherBug Desktop application and browser bar. This is accessed by clicking on the WeatherBug application link in the homepage above. Figure 3: Standard IE security warning _________________________________________ Page 51 of 57 WeatherBug V6.06
  • 52. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Figure 4: Zip code is used to identify the nearest weather station Figure 5: Progress _________________________________________ Page 52 of 57 WeatherBug V6.06
  • 53. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Figure 6: EULA Figure 7: The user can choose typical or custom install. _________________________________________ Page 53 of 57 WeatherBug V6.06
  • 54. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Figure 8: Progress Bar for typical install. Figure 9: Registration Page: Only the gender, email, zip code and year of birth are mandatory. The user can input random values if desired. _________________________________________ Page 54 of 57 WeatherBug V6.06
  • 55. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Figure 10: Choose sponsor whose ads will be on users WeatherBug desktop Figure 11: Choose sponsor panel 2. _________________________________________ Page 55 of 57 WeatherBug V6.06
  • 56. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Figure 12: Choose sponsor panel 3 Figure 13: WeatherBug Desktop. Note the sponsor ad at the bottom. _________________________________________ Page 56 of 57 WeatherBug V6.06
  • 57. TestPros –WeatherBug Spyware Free Certification Test Results Report –May 1, 2006 Copyright © by TestPros, Inc. All Rights Reserved. __________________________________________________________________________________ Figure 14: Note the uninstall shortcut in the All Programs menu Figure 15: Warning prior to removing WeatherBug desktop _________________________________________ Page 57 of 57 WeatherBug V6.06

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