END-USER LICENSE AGREEMENT
IMPORTANT – PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING OR USING FOXYDEAL, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE FOXYDEAL. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT
This EULA is a legal agreement between you and R&E Media GmbH (“We”, “Our”, “Us”, “FoxyDeal”, “Add-on”, “Toolbar” or “REM”). This EULA governs the FoxyDeal Add-on and your use of the FoxyDeal Add-on.
The FoxyDeal software is defined as a downloadable toolbar (or, in some browsers, an extension or add-on) or other similar term used to describe downloadable software (including configuration and data files) that provides you access to coupons, discounts and special deals based upon sites you visit where the FoxyDeal Add-on is installed and is enabled.
When you use your browser to search for products on certain retail websites, the Add-on enables your browser automatically to check other similar sites to see if other retailers are offering the same product at a lower price. If that product is available on a different site at a lower price the Add-on will notify you of the lower priced product and provides you with a link to the third party website offering the lower priced product.
GRANT OF LICENSE
Subject to the terms of this EULA, REM grants to you a revocable, non-exclusive, non-transferable, limited license to install and use the Add-on for personal use only and in accordance with the Terms and Conditions. REM reserves all ownership rights, interests and title of and to the Add-on, including all intellectual property rights in and to the Add-on. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY REM. As between you and REM, all title and copyrights in and to the Add-on (including but not limited to any images, photographs, animations, video, audio, music, text, and other features incorporated in the Add-on, but excluding any trademarks or copyrighted images or text owned by third parties, which belong to the respective third parties), the accompanying printed materials, and any copies of the Add-on, are owned by REM. Except as expressly permitted by this EULA, you may not copy the Add-on or any other materials related to the Add-on. You agree: (i) to hold in the strictest confidence all program code and other elements of the Add-on, (ii) not to, directly or indirectly, sublicense, rent, sell or lease any portion of the Add-on; (iii) not to, directly or indirectly, reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the code of the Add-on or create derivative works; (iv) not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Add-on to any third party, and (v) not to make use of the Add-on other than for the permitted purposes under this EULA.
DISCLAIMER OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REM AND ITS AFFILIATE STORES, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE “AFFILIATES”) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, ENJOYMENT, QUALITY AND NON-INFRINGEMENT WITH REGARD TO THE Add-on. THERE ARE NO WARRANTIES NOT EXPRESSLY STATED IN THIS EULA. THE ADD-ON IS PROVIDED “AS IS” WITH “ALL FAULTS” AND “AS AVAILABLE.” THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE ADD-ON OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. ACCORDINGLY, YOUR USE OF THE ADD-ON IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE ADD-ON NOT WORKING AS INTENDED, OR DAMAGING ANY HARDWARE OR OTHER SOFTWARE, OR FAILURE OF THE ADD-ON RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS.
You are prohibited from making any changes or asking others to make changes to the Add-on, or using the Add-on together with any third party products or services. Any enhancements, adaptations, alterations or modifications to the Add-on shall remain the exclusive property of REM.
You shall not use the Add-on to provide or send information or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise violates any applicable law, rules, regulations or REM policies. You shall not use the Add-on to introduce any virus, worm, built-in or use-driven destruction mechanism, injurious or damaging algorithm, time bomb, trojan horse or other software or hardware for any reason.
REM may in its sole discretion and for any reason at any time without notice discontinue your right to access and use the Add-on. Without prejudice to any of our other rights or remedies, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the Add-on or this EULA.
You must be at least 18 years of age in order to enter into this EULA for the licensing of the Add-on and install and use of the Add-on. As a condition of your using our Add-on, you represent and warrant that you are at least 18 years old.
REM has no control over third party sites which you may access, including those sites which are linked to our Site. Therefore, REM is not responsible for the content or function of any other site, and disclaims any liability for any aspects of any sites you access via direct access or access through our Site or Add-on functionality. You may be subject to terms and conditions by such third party sites.
If the end user chooses to click on an advertiser offer they will be redirected to the partner’s (aka advertiser’s) site via affiliate cookies.
UNINSTALLING THE ADD-ON
You can uninstall the Add-on at any time and at your discretion by following instructions from your browser vendor creates no liability or responsibility of REM if you are unable to uninstall the Add-on. You agree to accept all risks if you uninstall the Add-on.
If you encounter difficulties removing the Add-on, please contact us at info(at)foxydeal.com.
UPDATES TO THE ADD-ON AND MODIFICATIONS TO EULA
Our Add-on does not automatically upgrade; however, REM may, in its sole discretion, update or upgrade the Add-on (including installed Add-ons) at any time without notice. You are responsible for ensuring that you are using the most current version of the Add-on. REM shall have no responsibility or liability for the use of the Add-on other than the most recently available Add-on.
REM reserves the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA. Continued use of the Add-on indicates your acceptance of such successor EULAs. If you do not accept any such successor EULAs you must uninstall the Add-on from your computer. Failure to uninstall the Add-on constitutes acceptance of the successor EULA.
TERMINATION OF EULA
You may terminate this EULA at any time by uninstalling the Add-on and destroying all copies of the Add-on. This EULA is terminated automatically if you do not comply with all of the terms and conditions of the EULA. REM also may terminate this EULA at any time for any reason, without notice, in its sole discretion. In the event that the EULA is terminated for any reason, your rights to use the Add-on will immediately cease and you must uninstall the Add-on and all copies of the Add-on must be destroyed.
YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES
You are fully responsible for your activities using the Add-on. You shall not use the Add-on in any way that is unlawful or that harms us or any other party in any way.
You acknowledge that the Add-on licensed hereunder is subject to the export control laws and regulations of the United States. You confirm that with respect to the Add-on, you will not export or re-export it, directly or indirectly, to any countries that are subject to German (FRG) export restrictions. You further acknowledge that the Add-on may include technical data subject to export and re-export restrictions imposed by German (FRG) law. You agree to comply with all applicable international and national laws that apply to the Add-on, as well as end-user, end-use and destination restrictions issued by FRG and other governments.
GENERAL TERMS OF EULA
The laws of Germany govern the performance and interpretation of this EULA, without regard to any conflicts of laws provisions.
This EULA, as it may be modified from time to time, constitutes the entire agreement under which REM allows you to use the Add-on. If there are any provisions or clauses in this EULA which may now or in the future be held to be illegal or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in force.
In addition to any other limitations which may be set forth herein, REM shall not be responsible for events which are out of the control of REM and which negatively impact the performance or use of the Add-on, such as acts of God, acts by governmental authorities, or other acts not within the control of REM.
The terms of this EULA are in addition to the terms of the “Terms Of Service” which you agreed to when you install the Add-on. In the event of any conflict between the terms of this EULA and the terms of the “Terms Of Service”, the terms of this EULA shall prevail.
The Add-on and information retrieved by it including any information regarding or relating to third party products and services, is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, REM excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy of the Add-on or any information retrieved by it.
REM shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Add-on regardless of the form of action.
REM do not warrant that the Add-on will be uninterrupted or error free, that defects will be corrected, or free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
You may withdraw your consent for us to collect and process your data at any time by uninstalling the Add-on.
The Add-on is brought to you by R&E Media GmbH, a company incorporated in Germany. If you want to know what information we hold about you or if you have any other queries in relation to this EULA, please contact us using the following information:
Postal Address: R&E Media GmbH, Neumarkt 1d, 506667 Cologne, Germany