OK what you need to do is set up the server to only create session cookies on the server
ini_set("session.use_only_cookies","0");
That line will tell the server to not only use session cookies - instead the session id will be appended to the url (if the browser rejects session cookies). This allows for those browsers that do accept them to receive a session cookie.
So on the page with the disclaimer you need to get them to do something like check a checkbox then when they press submit check (probably via another page) to see if the checkbox was checked.
If it was then start a session.
e.g
session_start();
$_SESSION['read_disclaimer'] = 'true';
On the download page do a check to see if there is a valid session, if there is then fine otherwise redirect them outa there.
session_start();
if($_SESSION['read_disclaimer'])
{
show the downloads
}else{
redirect to somewhere else
}
Obviously i have made the session names / value very simplistic but its just to give you the idea of how to deal with it
HTH
GM