DealNews Toolbar End User License Agreement
BY DOWNLOADING, INSTALLING OR USING THIS TOOLBAR, INCLUDING ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH THIS TOOLBAR, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BETWEEN YOU AND DEALNEWS.COM, INC. YOU ALSO AGREE TO BE BOUND BY THE DEALNEWS TERMS AND CONDITIONS, PRIVACY STATEMENT AND ANY ADDITIONAL POLICIES OR GUIDELINES POSTED ON DEALNEWS.COM, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE "OTHER AGREEMENTS"). IF THERE IS ANY CONFLICT BETWEEN THE TERMS IN THIS AGREEMENT AND THE TERMS IN THE OTHER AGREEMENTS, THE TERMS IN THIS AGREEMENT SHALL CONTROL. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE TOOLBAR. IF YOU HAVE ALREADY DOWNLOADED AND INSTALLED THE TOOLBAR, YOU MAY IMMEDIATELY TERMINATE YOUR USE OF THE TOOLBAR BY UNINSTALLING IT.
1. License and Intellectual Property.
Under this Agreement, we grant you a limited, personal, non-transferable, non-exclusive license, without the right to sublicense, (the "License") to install and use one copy of the current version of the Toolbar, free of charge. Your use of the Toolbar must be for non-commercial purposes and you must be 18 years of age or over.
You agree that the Toolbar is licensed and not sold to you, and that the Toolbar is owned by us, our affiliates, suppliers or licensors, including all intellectual property rights in the Toolbar including, without limitation, all patents, copyrights, trademarks, trade secrets or other proprietary rights.
To the maximum extent permitted by applicable law, you may not modify, translate, reverse engineer, decompile or otherwise disassemble the Toolbar in any way. You may not create derivatives of the Toolbar, and you agree not to attempt, or allow others to attempt, to reverse engineer or modify the Toolbar. Any modifications, enhancements and derivative works of the Toolbar shall remain our sole and exclusive property. You further agree not to access or attempt to access the Toolbar by any means other than the interface we provide to you.
When installed on your computer, the Toolbar periodically communicates with our or our supplier's servers. We may update the Toolbar on your computer when a new version is released or when new features are added. These updates occur automatically. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Toolbar.
You agree not to remove or alter our or any third party's trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Toolbar.
2. Your Obligations.
You represent and warrant that you are the owner of the computer onto which you have downloaded and installed the Toolbar, or the owner of the computer has authorized you to do so. You agree not to use the Toolbar to conduct any business or activity or solicit the performance of any illegal activity. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the use of the Toolbar.
3. Data Collection and Use
If you download and install the Toolbar software, we collect certain information voluntarily provided by you during the installation and registration process. We also collect the name of and information about any advertisement that brought you to the DealNews download.
When you download the software, and at times during your use of the Toolbar, we transmit DealNews cookies to the hard drive of your computer. These cookies enable DealNews to track and store information about your web usage path and online shopping while using the Toolbar.
When you click on links provided by the Toolbar one or more cookies maybe set in your browser by DealNews and 3rd parties in order to track the click and purchase activity related to your actions in the toolbar. Your clicks maybe redirected through affiliate network and other sites prior to reaching the Store's website, at which time, a tracking cookie maybe be placed in your browser.
Users can access and use the Toolbar without disclosing any personally identifiable information. The Toolbar does collect and store information provided to it by your browser, including the website you came from (known as the "referring URL"), the type of browser you use, the date and time of access, the web pages and website you view, the web sites you link to from the Toolbar, the products you view and browse while using the Toolbar, the products you purchase online while using the Toolbar, and other information that does not personally identify you. DealNews aggregates and analyzes the information it collects to improve its service and to prepare reports about aggregate web usage and shopping habits.
Does the Toolbar collect personally identifiable information?
The Toolbar does not collect any personally identifiable information about its users. DealNews does not attempt to determine the identity of any DealNews user by analyzing web usage paths.
If you email DealNews regarding the Toolbar, we may store copies of such email or similar communications. We do not attempt to correlate this information to your DealNews cookie number or your usage and shopping paths unless responding to your inquiry requires us to do so.
You understand we may, in our sole discretion, modify, discontinue or suspend your right to access the Toolbar at any time. If we do, we may, in our sole discretion, uninstall the Toolbar from your computer. You may terminate this Agreement at any time by uninstalling the Toolbar and destroying all copies of the Toolbar in your possession or control. The License will terminate automatically if you fail to comply with the limitations and obligations described herein. On termination, you must destroy all whole and partial copies of the Toolbar. Sections 4, 5, 6, 7 and 10 of this Agreement will survive termination.
5. Disclaimer of Warranty
DEALNEWS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE TOOLBAR, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THE TOOLBAR, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE TOOLBAR. ALL INFORMATION AND USE OF THE TOOLBAR ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DEALNEWS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE TOOLBAR, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE TOOLBAR, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE TOOLBAR OR INFORMATION PROVIDED BY THE TOOLBAR, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE TOOLBAR OR ANY WEBSITES LINKED TO OR FROM THE TOOLBAR. YOUR USE OF THE TOOLBAR IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. DEALNEWS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THE TOOLBAR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE TOOLBAR IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL DEALNEWS OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE TOOLBAR, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE TOOLBAR, THE PRODUCTS OR SERVICES LISTED THROUGH THE TOOLBAR, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TOOLBAR. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DEALNEWS OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Release and Indemnification.
You agree to defend, indemnify, and hold harmless DealNews, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the Toolbar, or any services, information or products from the Toolbar; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; and (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your use of the Toolbar. DealNews reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
8. Export Controls; High Risk Items; Government Use.
The Toolbar or any underlying technology may not be exported or re-exported to any country, person, foreign entity or any "foreign person" to the extent such export is prohibited under applicable United States laws and regulations, including the U.S. Export Administration Act. By downloading, installing or using the Toolbar, you are acknowledging and agreeing to these limitations on your right to export or re-export the Toolbar, and are also representing and warranting that you are not on any applicable government's list of export-precluded parties or otherwise ineligible to receive software that is subject to applicable export controls.
The Toolbar is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage. ACCORDINGLY, DEALNEWS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT THE PROTECTED PARTIES WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE TOOLBAR IN SUCH APPLICATIONS.
The Toolbar is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Toolbar with only those rights as set forth in this EULA.
DealNews reserves the right to change or modify any of the terms and conditions contained in this Agreement or any applicable policy or guideline at any time and in its sole discretion. Any changes or modifications will be effective upon posting on the DealNews Website and may be posted without notice to you. You are responsible for regularly checking the DealNews Website for any changes or modifications. IF ANY SUCH CHANGE OR MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. CONTINUED USE OF THE TOOLBAR BY YOU FOLLOWING DEALNEWS POSTING OF ANY SUCH CHANGE OR MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE THEREOF.
This Agreement shall be governed by and interpreted under the laws of the State of Delaware, without regard to conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The failure of DealNews to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by DealNews as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.