LAST UPDATED: June 2016
Please read the terms of this software license agreement (“Great Deal Compare Browser Extension License”) carefully. By downloading or installing or using the Browser Extension (as defined below), (1) you acknowledge that you agree to be bound by this Browser Extension License, and (2) you represent that you have the authority to enter into this Browser Extension License. If you do not agree to all terms and conditions of this Browser Extension License you should discontinue the download or stop the installation of the Browser Extension (as the case may be), or should discontinue any use of the Browser Extension. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT
This Browser Extension License is a legal agreement between you, the end user (“End User” or “you”) and AdOptim. (“Great Deal Compare”, “us” or “we”), for the license of the Browser Extension, which includes computer software and electronic documentation (the “Browser Extension”).
Great Deal Compare grants you a non-transferable, non-exclusive, non-sublicensable, royalty-free and fully paid, worldwide right and license to reproduce (solely to install and execute) the Browser Extension on one of your computers, in executable object code format only, for your personal, non-commercial use only, subject to the terms and conditions of this Browser Extension License. You are permitted to download the Browser Extension multiple times in order to install the Browser Extension on multiple computers, provided that you agree to the terms and conditions of this Browser Extension License each time you download the Browser Extension.
You may not modify, make derivative works of, copy, reproduce, publish, or reverse engineer the Browser Extension, except in the case of reverse engineering, only to the extent required by applicable law. You may not license, sell, transfer, distribute, rent, lease or otherwise transfer or exploit rights to the Browser Extension. You may not use the Browser Extension in any manner that could damage, disable, overburden or impair the Great Deal Compare website (“Website”), nor may you use the Browser Extension in any manner that could interfere with any other party’s use and enjoyment of the Website. You agree that you will use the Browser Extension for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Browser Extension will terminate immediately if you violate any provision of this Browser Extension License. Upon termination, you may no longer use the Browser Extension.
3. INTELLECTUAL PROPERTY
The Browser Extension is licensed, not sold. You acknowledge that Great Deal Compare and its licensors and content and service providers (“Great Deal Compare Licensors”) own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Browser Extension, portions thereof, or software provided through or in conjunction with the Browser Extension. “Intellectual Property Rights” means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree not to remove, obscure, or alter Great Deal Compare’s copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Browser Extension. All rights not expressly granted to you are reserved by Great Deal Compare or its suppliers.
4. WARRANTY DISCLAIMER
Great Deal Compare and the Great Deal Compare Licensors disclaim any responsibility for harm resulting from your use of the Browser Extension. The Browser Extension is provided “as is,” with no warranties whatsoever. Great Deal Compare and the Great Deal Compare Licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. Great Deal Compare and the Great Deal Compare Licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Browser Extension. You understand and agree that you download and use the Browser Extension at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Browser Extension. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
5. BASIS OF BARGAIN
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between Great Deal Compare and you. We would not be able to provide the Browser Extension on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our suppliers.
6. LIMITATION OF LIABILITY
Under no circumstances shall Great Deal Compare or the Great Deal Compare Licensors be liable to any user on account of that user’s use or misuse of the Browser Extension. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if Great Deal Compare or the Great Deal Compare Licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Browser Extension, from the performance or misperformance of the Browser Extension, from inability to use the Browser Extension, or from the interruption, suspension or termination of the Browser Extension (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Great Deal Compare’s aggregate cumulative liability under this Browser Extension License shall not exceed the amounts paid by you for the Browser Extension (if any).
You agree to indemnify and hold harmless Great Deal Compare, the Great Deal Compare licensors and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any liability, cost, expense, or claim or demand made by any third party, due to or arising directly or indirectly out of your conduct or in connection with your use of the Browser Extension or its features, any alleged violation of this Browser Extension License, or any alleged violation of any applicable law or regulation. Great Deal Compare and the Great Deal Compare licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
8. TERM AND TERMINATION
This Browser Extension License and the licenses granted hereunder are effective on the date you accept the terms of this Browser Extension License or use the Browser Extension and shall continue until terminated by either party pursuant to this section. We may terminate this Browser Extension License at any time, with or without cause. You may terminate this Browser Extension License at any time, with or without cause by (1) uninstalling the Browser Extension Upon expiration or termination, the license granted hereunder shall terminate and you shall immediately delete and destroy any copies of the Browser Extension in your possession, but the terms of this Browser Extension License which are intended to survive termination will remain in effect.
9. SOFTWARE AND POLICY UPDATES
This Browser Extension License may be amended by Great Deal Compare from time to time, upon notice to you, which may be sent by email or posted on the Website. Your continued use of the Browser Extension after that time shall constitute your acceptance of the amended Browser Extension License. Great Deal Compare may automatically update or modify the Browser Extension from time to time at its discretion. You may not be able to use the Website or other services offered on the Website if you do not have the latest version of or updates for the Browser Extension installed.
10. PRIVACY AND OTHER USER AGREEMENTS
11. RESOLUTION OF DISPUTES
If a dispute arises between you and Great Deal Compare, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Great Deal Compare agree that we will resolve any claim or controversy at law or equity that arises out of this Browser Extension License or our services (a “Claim”) in accordance with one of the paragraphs below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the “Comments or Questions” help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
12. LAW AND FORUM FOR DISPUTES
This Browser Extension License shall be governed in all respects by the laws of the State of Israel without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Great Deal Compare must be resolved by a court located in Israel, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Israel for the purpose of litigating all such claims or disputes.
13. ARBITRATION OPTION
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14. IMPROPERLY FILED CLAIMS
All claims must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Great Deal Compare may recover attorneys’ fees and costs up to $1,000, provided that Great Deal Compare has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
16. MISCELLANEOUS PROVISIONS
If for any reason a court of competent jurisdiction finds any provision or portion of this Browser Extension License to be unenforceable, the remainder of the Browser Extension License will continue in full force and effect. This Browser Extension License constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. To the extent that there is a conflict between the terms of this Browser Extension License and any other agreement, this Browser Extension License shall have precedence as to the subject matter of this Browser Extension License. Any waiver of any provision of these Browser Extension License will be effective only if in writing and signed by Great Deal Compare.
17. FOR INFORMATION, QUESTIONS OR NOTIFICATION OF ERRORS, PLEASE CONTACT: