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Microsoft Word - TestPros-WeatherBug-DraftTestResultsReport ...

  1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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

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