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Smiley Central = Spyware?

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Oldiesmann:
The past couple of days, I have come across an ad for something called Smiley Central. I went to the site, but didn't stick around long because I'm not going to download something just to get access to a bunch of smilies. That's what mysmilies.com is for. Anyway, my sister happened to find something on the discussion board for a freecell game called NetCell about this from a user who said she downloaded this software and it messed up her computer. She also mentioned that her husband read the "End User License Agreement" from the company and that by accepting this agreement, you're giving them permission to hack into your computer whenever they want. I decided to read this "agreement", and found some interesting stuff in it... From what I can see, this is basically spyware in disguise.


--- Quote ---We are not responsible for any content such as audio, video, text or any other, files owned by users of the Applications. All of the Applications are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

In addition, all content made available or accessed through the Applications 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.

FWP respects and expects its users to respect the rights of copyright holders. On notice, FWP will act appropriately to remove content under our control that infringes the copyright rights of others.
--- End quote ---

Basically, I see this as an agreement to let them see whatever is on your computer, whether you like it or not, and give them permission to remove anything they can that isn't legally yours (such as MP3 files)... Is this really spyware or am I just misreading it?

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