Smith College Club of Oregon Smart Shopper 1.0.3.1-signed

Licenční smlouva s koncovým uživatelem

Smith College Club of Oregon Smart Shopper vyžaduje před instalací odsouhlasení následujícího koncového licenčního ujednání:

Notice for All Users:
By installing the Smith College Club of Oregon Smart Shopper product, you can generate money for a cause that matters to you just by shopping online.

The Smart Shopper product is free to install and there is never an extra cost to you. The prices of the products and services on our partner websites are exactly the same as they would be if you didn’t have Smart Shopper installed.

Smart Shopper is safe. It does not store or transfer any personally identifiable information. Smith College Club of Oregon is never bundled with any third party software. It’s also easy to disable or remove Smart Shopper entirely from your computer if you want to.

Definitions
“Smart Shopper” means (a) the Smart Shopper Website, Smart Shopper downloadable browser application(s), and any other digital content owned and provided/licensed by Buy2Change Incorporated to Smith College Club of Oregon; and (b) any bug fixes, upgrades, modified versions, or updates to the Smart Shopper (collectively referred to as “Updates”) we subsequently provide to you.

Owner of Computer; All Users Bound; Age Limitation; Software License
You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of Smart Shopper or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused Smart Shopper to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to use Smart Shopper. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized Smart Shopper to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of Smart Shopper on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use Smart Shopper. By accepting the terms of this Agreement and using Smart Shopper, you represent that you are over the age of 18. As long as you comply with, and subject to, the terms of this Agreement, Buy2Change grants to you a non-exclusive, revocable license to use Smart Shopper, in binary executable form only, solely for the purposes described in this Agreement.

Restrictions
You may not rent, lease, loan, resell or otherwise transfer the Product. You may not permit third parties to benefit from the use or functionality of the Product. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, disassemble the Product, or otherwise attempt to discover the source code or structure, sequence and organization of any portion of the Product that is not distributed in source code form (except to the extent applicable law prohibits such restrictions). You may not modify, or create derivative works based in whole or in part upon, the Product. You may not copy the Product. You may not remove any proprietary notices or labels on the Product. All rights not expressly set forth hereunder are reserved by the Buy2Change Corporation.

Intellectual Property Rights
Buy2Change and its licensors shall retain all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not alter or remove any logo, or trademark (collectively, “Marks”), copyright or other proprietary notice(s) on the Product. This license does not grant you any right to use Marks of Buy2Change or its licensors.

Breach of Agreement
Upon breach of this Agreement, the above license and your right to use the Product will terminate immediately and without notice, but all other provisions and terms of this Agreement, except the license grant, will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product. Buy2Change reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.

Use of Product
You represent, warrant and agree as a condition to your use of the Product, that you will not use the Product: (i) to violate any applicable law, statute, ordinance or regulation; (ii) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (iii) to disseminate information or materials in any form or format (“Content”) that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable under applicable laws or community standards. You, not Buy2Change, remain solely responsible for all Content that you upload, post, e-mail, transmit, or otherwise disseminate using, or in connection with, the Product. You acknowledge that all Content that you access using the Product is at your own risk and you will be solely responsible for any damage to any party resulting there from. THIS PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Use of Information
By installing Smart Shopper you grant permission for Buy2Change to collect and use certain information. You acknowledge that you have reviewed Buy2Change’s Privacy Policy for Smart Shopper, which describes Buy2Change’s practices with respect to the collection, use and disclosure of information in connection with your Use of Smart Shopper. A copy of the Privacy Policy is available at http://Buy2Change.com/about/legalstuff.Buy2Change reserves the right to change the provisions of its Privacy Policy from time to time. Users will be notified of any changes to the Privacy Policy via a Primary Notice notification. In addition, Buy2Change will alert users via email or a notification prominently displayed on their account dashboard when there is a change to the Privacy Policy. Additionally, Buy2Change will post any changes to the Privacy Policy at the web address listed above. Your use of Smart Shopper following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.

Cookies
When you download the Buy2Change browser app we send a small file to your computer that uniquely identifies your browser app. This file is called a cookie. We use this cookie to identify you as a Buy2Change user and it facilitates the display of the preferences, settings and customization options that you have selected for your Buy2Change product(s). When the Buy2Change browser app detects that you are visiting a merchant partner website, it instructs the browser to load instructions and cookies that indicate Buy2Change is the affiliate/publisher for any purchases made with that specific merchant partner within your current browser session. Your browser is probably set up by default to accept cookies, including Buy2Change and affiliate/publisher cookies, but you can reset your browser to refuse all cookies or to alert you when a cookie is being sent to your computer. You should be aware, however, that some of Buy2Change’s features may not function properly if you disable cookies on your computer.

Links to Third Party Sites; Advertisers
Smart Shopper will provide you with access to other partner websites, services, products or content of third parties. We have no control over, nor do we endorse any such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products, or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.

United States Government End Users
If the user or licensee of this Product is an agency, department, or other entity of any Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of this Product, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited. No rights other than those provided in Agreement are conferred. This product was developed fully at private expense.

Updates
Buy2Change, in its sole discretion, may provide you with Updates to Smart Shopper as part of this Agreement. Smart Shopper will automatically check Buy2Change for the existence of any Update that Buy2Change has released, and in the event that one is available, Buy2Change adheres to the native plugin update features available from each browser plugin (Internet Explorer, Safari, Chrome and Firefox.) Nothing herein shall be construed or interpreted as requiring that Buy2Change provide Updates. When browser functionality allows (Internet Explorer), Buy2Change will not install any new software or Update that in our reasonable judgment has functionality that is materially different from the functionality of the previously installed Buy2Change Product without your prior consent. In the case of a browser controlled Update that does not allow Buy2Change to notify you prior to installing the update (Firefox, Chrome, and Safari), Buy2Change will provide a detailed notice of Update and necessary uninstall instructions immediately upon installation.

Uninstallation
You understand and agree that the presence of Smart Shopper on your computer is voluntary and that you may remove Smart Shopper from your computer at any time. To uninstall Smart Shopper, follow the instructions below:

Google Chrome
1. In your Chrome browser click on this link or type in chrome://extensions/
2. Find Smith College Club of Oregon Smart Shopper and click on the trashcan icon to the right of it - that's it

Firefox
· From your Firefox menu, Click Tools
· Click Add-ons
· Click ExtensionLocate Smith College Club of Oregon Smart Shopper and select Remove

Internet Explorer
· Click the Start Menu in Windows
· Click on Control Panel
· Under Programs, Click Uninstall Program
· Select Smith College Club of Oregon Smart Shopper from the Menu
· Select Uninstall

Safari
· From your Safari menu, select Safari
· Click Preferences
· Click Extensions
· Select Uninstall

Compatibility
Buy2Change does not warrant that Smart Shopper will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer’s performance to suffer. In the event that Smart Shopper is not compatible with your hardware or other software installed on your computer system, Smart Shopper can be uninstalled. Please refer to the previous section for detailed uninstall directions. Like all software, Smart Shopper utilizes some of your computer’s resources to run, including system memory and Internet connection. Use of Smart Shopper on a computer with inadequate system resources will cause such computer’s performance to suffer.

User Representations and Warranties
You acknowledge, represent and warrant that (a) your installation and/or Use of Smart Shopper will not violate any local, state or federal laws that apply to you or to the Use or installation of Smart Shopper; and (b) Buy2Change is not causing Smart Shopper to be installed on your computer, but has provided Smart Shopper to you, which you are installing of your own volition.

Indemnification
You agree to defend, indemnify, and hold harmless Buy2Change, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of your use of Smart Shopper or your breach of this Agreement.

Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER BUY2CHANGE NOR ITS LICENSORS WILL BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY (WHETHER IN AN ACTION BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR OTHER SUBJECT MATTER OF THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND COMPUTER MALFUNCTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU UNDER THIS LICENSE, AND US$100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Contact. Customer Support.
To contact Buy2Change, visit www.Buy2Change.com and click “Contact Us”. Alternatively, users can contact customer support by sending an email to info@Buy2Change.com or writing to us at 4841 38th Ave SW, Seattle WA 98126

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