SOFTWARE LICENSE AGREEMENT AND PRIVACY POLICY
LAST REVISED JANUARY 1, 2010

This software license agreement is a legal agreement between you and the publisher ("jerseySteve87"). Permission to use jerseySteve87's software is conditional upon you agreeing to the terms set out below.  The software is offered to you on condition that these terms are agreed and accepted, and acceptance will bind you.  By clicking “I Agree” at the end of these terms and conditions, you will be deemed to have accepted them.  By downloading, installing or using the jerseySteve87's software, you are also agreeing to be bound by all of the terms and conditions of this Agreement.  If you do not agree to all of the terms and conditions of the Agreement, then please click on “Cancel” and you will not be permitted to download, install or use jerseySteve87's software.

1. GRANT OF LICENSE.

This License Agreement governs the terms by which you may download, install, and use jScompass ("the SOFTWARE").  In this Agreement, the SOFTWARE:
(1)    includes any images, “applets”, photographs, animations, video, audio, music and text incorporated into, or provided with, the SOFTWARE; and
(2)    is in “use” on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (eg. hard disk, CD ROM, or other storage device) of that computer.

2. PRIVACY AND SECURITY POLICY.

The SOFTWARE incorporates certain server-based features into its operation, in order to implement functionality that would be difficult or impossible to do without use of server components.  How these components interact with your computer depends on what mode you selected when installing the SOFTWARE.  The software can function in two different modes, called “Basic” and “Platinum”.  In Basic mode, server functions are used, but no configuration information can be stored on the server.  In Platinum mode, configuration information is stored on the server by the SOFTWARE.  The following lists the server-side functions of the SOFTWARE, and how these functions operate in Basic and Platinum mode:

• Version Checking: In both Basic and Platinum mode, the SOFTWARE checks for updates to the SOFTWARE, verifies your license status, and gathers server-side configuration information.  This is done when the compass launches.  In Basic mode, this function does not store any configuration information.  In Platinum mode, the first time you ever use this function, a default record including your avatar name and empty configuration information is created.
• Configuration Information: In Platinum mode, the SOFTWARE stores configuration information when selecting “Save” on the Options Panel in the SOFTWARE, or by using a command such as /color, /ccolor, /myping, or /mypoke.  In Basic mode, configuration information is not stored.
• Vecollection Information: In Platinum mode, the SOFTWARE stores the list of vecollections you have chosen to add to the SOFTWARE when selecting “Add” on the Manage vecollections panel in the SOFTWARE, or by using a command such as /ve add or /ve remove.  In Basic mode, vecollection information is not stored.
• Vemotes: In both Basic and Platinum mode, server components are used to implement the video emote (vemote) functionality of the SOFTWARE.  Loading of built-in and added vecollection XML files is accomplished through a server-side component.  Loading of media (audio and video files) is accomplished through communication with the server housing that media.  For YouTube media, a server-side component is used to redirect YouTube video to your computer.  In both Basic and Platinum mode, the use and display of vemotes does not store any information.
• Proxy: In both Basic and Platinum mode, certain functions of the SOFTWARE are accomplished through a server proxy component, which is a server-side component.  In version 1.40 and higher of the SOFTWARE, this server-side component can optionally be stored on another server.  Functions that use this server component are functions that require additional information from There that cannot be obtained without use of the component.  In some cases, commands such as /sm <name>, /ignore <name>, and /addbuddy <name> use this component.  In both Basic and Platinum mode, the use of this proxy does not store any information.
• jSmail: In Platinum mode, use of jSmail functions in the SOFTWARE stores information regarding the message and its content with a server-side component.  In Basic mode, jSmail is disabled, except for the jSmail function to contact the author of the SOFTWARE which is located in the About Panel, and when selecting a jSmail button on an advertisement.  Deleted jSmail messages are removed from the server in batches which run once per hour.
• Payments: In both Basic and Platinum mode, information regarding Therebucks payments to jerseySteve87 for upgrades  and ad views is stored on the server.  An entry is stored in a pending queue when invoking the payment function.  This information is used in conjunction with other information (Theremail and transaction history) to determine if you've made an automated payment through the SOFTWARE.  Incoming payments are processed in batches which run every fifteen minutes.
• Advertisements: In both Basic and Platinum mode, information regarding advertisements viewed is stored on the server.  The ID of an advertisement viewed as well as the result of that view (if an action button was pressed or not) is stored on the server.  This information is used to notify our advertisers of the results of their ad campaign.  No information is ever distributed about which members viewed specific advertisements, only that they were viewed and what buttons were pressed, if any.  Information made available to advertisers consists of the number of times the ad has been played, and the number of times each ad-related button was clicked in response to the ad.

No information ever stored by the SOFTWARE consists of what is legally considered “personally identifiable information”, but out of concern for privacy, Basic mode was created, which limits certain features without using server-side storage.  As the SOFTWARE evolves, it is expected that additional server functions will be added.  As that happens, this privacy policy will be updated to reflect what new information a feature is capable of storing.  Even when operating in Platinum mode, information is only stored if you use a feature that requires it.  To ensure you are aware of what a new version is capable of storing when operating in Platinum mode, you should always review the release notes for any upgrade.  By using the SOFTWARE, you consent to the storage of information. 
jerseySteve87 takes your privacy seriously.  The information collected will never be disclosed to any third party under any circumstances, unless required by court order.  The information will only be used to enable the functionality in the SOFTWARE, or by jerseySteve87 to notify you of important information concerning a certain feature, including bugs.  If at any time you wish to have all information you've stored removed from the server, contact jerseySteve87.  He can be contacted via email at jerseySteve87@gmail.com.

If at any time you no longer wish the SOFTWARE to be capable storing Platinum information, please reinstall the SOFTWARE in Basic mode.

3. INTELLECTUAL PROPERTY RIGHTS.

The SOFTWARE:
(1)    is protected by copyright laws in the United States of America, and, through international treaty provisions, in other countries including, but not limited to,  Australia, Canada, the European Union, Japan, Hong Kong, Switzerland, Norway, and New Zealand; and
(2)    is the intellectual property of either jerseySteve87 or third parties, which is owned or licensed by jerseySteve87 or the relevant third parties. 
    Therefore, you must treat the SOFTWARE like any other copyright material. Except as expressly permitted in this Agreement or otherwise by a right conferred under the laws in the country where your computer is located that cannot be excluded or modified, YOU MUST NOT:
(1)    copy, reproduce or re-distribute the SOFTWARE or any portion of the SOFTWARE; or
(2)    modify, reverse engineer, decompile, disassemble, or otherwise reduce the SOFTWARE to human readable form or attempt to discover the source code of the SOFTWARE;
(3)    rent, lease or sell the SOFTWARE or any portion thereof;
(4)    make the SOFTWARE available to others or create derivative works based on the SOFTWARE; or
(5)    copy the user documentation accompanying the SOFTWARE, and you must not authorize or assist anyone else to do so.

4. USER DOCUMENTATION.

You may print copies of any user documentation supplied with the SOFTWARE for your own personal reference.

5. TRADEMARKS.

The trade marks, logos, and service marks (“Marks”) displayed on or in the SOFTWARE are the property of jerseySteve87 or third parties.  You are not permitted to use the Marks without the prior consent of jerseySteve87 or such third parties which may own the Marks.

6. TERMINATION OF LICENSE.

You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form.  jerseySteve87 will have the right to immediately terminate this license at any time and for any reason, including but not limited to your failure to comply with any term or condition of this Agreement.  Upon any termination, including termination by you, you must destroy the Software (including the related documentation), together with all copies or modifications in any form.

7. WARRANTY DISCLAIMERS.

Except as provided by a warranty, guarantee, condition, right or remedy or term in law or implied by law in the country in which your computer is located and which by such law cannot be excluded, restricted or modified, jerseySteve87 does not and cannot warrant the performance or results you may obtain by using the SOFTWARE, and makes no warranties, conditions, representations including as to rights or remedies, terms or guarantees, express or implied, whether by statute, common law, custom, usage or otherwise, as to any other matters.

8. LIABILITY LIMITATIONS.

Subject to clause 6, to the extent permitted by law in the country in which your computer is located, in no event will jerseySteve87, or his directors, shareholders, officers, employees, or related companies be liable to you for any damages, claims, or costs whatsoever, including but not limited to negligence or for direct, indirect, consequential, special or incidental damages or any lost profits or lost savings, whether foreseeable or unforeseeable, arising out of or in connection with the Agreement or the use, results of use or inability to use the SOFTWARE or the loss of any data as a result of the use of the SOFTWARE, even if jerseySteve87 has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
To the extent permitted by law in the country in which your computer is located, you shall indemnify and hold harmless jerseySteve87, his directors, officers, employees and related companies from and against any and all liabilities, losses, damages, costs and legal fees, if any, incurred by, or asserted against jerseySteve87, his directors, officers, employees and related organisations from an action, claim or suit relating to or arising from the possession, use or failure to use the SOFTWARE by you.  You agree to defend or settle at your own expense any such claim or suit which arises through your use of the SOFTWARE under the Agreement.

9. ENTIRE AGREEMENT.

This Agreement constitutes the entire understanding between the parties with respect to its subject matter.

10. ASSIGNMENT.

You may not assign, delegate or transfer your rights and obligations under this Agreement without prior written approval from jerseySteve87.

11. SEVERABILITY.

If any provision of this agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions shall not be thereby affected.

12. PAID UPGRADES.

Users of the SOFTWARE now have an option to upgrade to a version that does not display automatic advertisements.  The following special conditions relate to this upgrade:

• The SOFTWARE is upgraded on a per-avatar basis, which cannot be transferred.
• The upgrade charge is NON-REFUNDABLE under any circumstances.