Shops Away Mile Finder requires that you accept the following End-User License Agreement before installation can proceed:
Welcome to the Shops Away Mile Finder Toolbar. By downloading and installing the Shops Away Mile Finder Toolbar, you agree to be legally bound by this following End User License Agreement (this "EULA
"). As used in this EULA, the "Shops Away Mile Finder Toolbar
" or "Software
" means the Shops Away Mile Finder Toolbar software designed to work with the Internet web browser installed on your computer, including any updates, revisions, patches or other modifications from time to time to this software. Shops Away Mile Finder Toolbar reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. You can always find the most recent version of this EULA at http://shop.virgin-atlantic.com/eula.html
. Shops Away Mile Finder Toolbar may change this EULA by posting a new version without notice to you. Use of the Software after such change constitutes your acceptance of such changes. Any reference to "we", "our", "us" or the like in this EULA refers collectively to Collinson Latitude Ltd. "You", "your" or the like refers to you, the end user of the Shops Away Mile Finder Toolbar.1. Grant of Limited Use License.
If you agree to this EULA, you may install and personally use the Shops Away Mile Finder Toolbar and any updates provided by Shops Away Mile Finder Toolbar in object code form on a personal computer owned or controlled by you. Subject to your agreement to and continuing compliance with this EULA (as it may be amended by Shops Away Mile Finder Toolbar from time to time), Shops Away Mile Finder Toolbar hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Shops Away Mile Finder Toolbar consistent with the Permitted Uses and Restrictions provided below. This EULA does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.2. Permitted Uses.
By agreeing to this EULA, your permitted uses and restrictions with respect to the Software are as follows:a.
Generally. You may use the Shops Away Mile Finder Toolbar to enhance your Internet surfing experience by being provided with relevant references displayed in your browser. b.
All miles rewards or other incentives offered to you via transactions and activities that you may conduct via the Shops Away Mile Finder Toolbar are subject to the Shops Away Mile Finder Toolbar Terms &
Conditions, a copy of which is presently available on our website at <u>Terms and Conditions</u> By downloading and using the Shops Away Mile Finder Toolbar you acknowledge and agree that you have read, understand and agree to such Terms & Conditions and that such Terms & Conditions govern any and all miles rewards or other incentives you may be eligible to receive with your valid use of the Shops Away Mile Finder Toolbar, including restrictions and limitations on such rewards and incentives. The Terms & Conditions are incorporated into this EULA and hereby made an integral part hereof.3. Enhanced Experience.
When visiting certain sites, the Shops Away Mile Finder Toolbar may add to the page you are visiting certain html code to enhance your experience by adding deals, coupons and other information to links and text.4. Updates.
When installed on your computer, the Software periodically communicates with our servers. We may update the Software on your computer when a new version is released or when new features are added. These updates occur automatically. We also reserve the right to add features or functions to the Software. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software.5. Restrictions.
You may not (i) use the Shops Away Mile Finder Toolbar in any manner that could damage, disable, overburden or impair Shops Away Mile Finder Toolbar's search services (e.g., you may not use the Shops Away Mile Finder Toolbar in an automated manner (including by way of acting in concert with one or more other users of the Shops Away Mile Finder Toolbar to result in the same outcome as an automated approach)) or in any way to transmit, directly or indirectly, any unsolicited bulk communications, (ii) decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the Shops Away Mile Finder Toolbar or any portion thereof, or use the Shops Away Mile Finder Toolbar in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, including without limitation engaging in any click fraud or other similar conduct to fraudulently or improperly earn Shops Away Mile Finder Toolbar miles rewards via the Shops Away Mile Finder Toolbar or Shops Away Mile Finder Toolbar web properties. You agree to abide by United Kingdom copyright law and all other applicable laws of the United Kingdom and other nations and by any applicable international treaties in connection with your use of the Software.
The Shops Away Mile Finder Toolbar is intended to be used in a manner for you to be able to benefit from bona-fide search and shopping activities that you conduct on the Internet. If we or our technology partners, retailers or advertisers determine, in our sole discretion, that you have violated the terms of this EULA or have otherwise not acted in good faith, we reserve the right terminate your right to use the Shops Away Mile Finder Toolbar at any time, to cancel (and reverse, as applicable) all of the miles rewards you may have earned (or attempted to earn) via your use of the Shops Away Mile Finder Toolbar and to pursue any legal remedy against you available to us. You agree to indemnify and hold harmless Shops Away Mile Finder Toolbar, its technology partners, retailers and advertisers from any and all such determinations, actions and remedies. You acknowledge that the foregoing restrictions and penalties are reasonable and that they form an essential part of the bargain between you and us.6. Ownership.
All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to Shops Away Mile Finder Toolbar and Shops Away Mile Finder Toolbar holds title to each copy of the Software. You agree not to remove or alter our or any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property.7. Third Party Applications.
The Shops Away Mile Finder Toolbar may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and this EULA does not apply to your use of such other third party application, regardless of whether the Shops Away Mile Finder Toolbar and such application came bundled together. 8. Term.
This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of Software in your possession. Shops Away Mile Finder Toolbar may, upon notice to you, terminate this EULA, in its sole discretion, if you breach any of the terms and conditions or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. If we terminate this EULA, you will no longer have the right to use our Software in any way, and any miles rewards or other incentives that you may earn following such termination will be void, even if such rewards or incentives would otherwise have been validly earned but for our termination. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Shops Away Mile Finder Toolbar' proprietary rights shall survive any such termination. You agree that Shops Away Mile Finder Toolbar shall not be liable to you or any third party for any termination of your access to the Software or the services provided thereby.9. Disclaimer of Warranty.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS 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 SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF RETAILERABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE MAKE NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.10. Limitation of Liability.
SHOPS AWAY MILE FINDER'S SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL SHOPS AWAY MILE FINDER OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, OR RELIANCE ON THE SOFTWARE, EVEN IF SHOPS AWAY MILE FINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE FROM ANY CLAIM RELATING TO OR ARISING FROM YOUR USE OF THE SHOPS AWAY MILE FINDER TOOLBAR, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO £50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 11. Indemnification.
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY SHOPS AWAY MILE FINDER SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPS AWAY MILE FINDER, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES
") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA). 12. Data Collection and Privacy.
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United Kingdom has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. 14. Government End Users.
The Software 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 Software with only those rights as set forth in this EULA. 15. General.
This EULA is governed by and interpreted under the laws of the State of California, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim, dispute, or controversy you may have against Shops Away Mile Finder Toolbar arising out of, relating to, or connected in any with this EULA or the Software shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA
”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. The arbitration shall be held in San Francisco, CA and the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to Shops Away Mile Finder Toolbar if we are the prevailing party in such arbitration. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this EULA or portion thereof is found to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. Shops Away Mile Finder Toolbar may assign this EULA to any entity at its sole discretion and without notice to you. YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE SHOPS AWAY MILE FINDER TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES
") IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by Shops Away Mile Finder Toolbar, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software. 16. ACKNOWLEDGMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SHOPS AWAY MILE FINDER, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. WE RESERVE THE RIGHT TO MODIFY THIS EULA FROM TIME TO TIME. NOTICE OF SUCH CHANGES WILL BE MADE ON THE SHOPS AWAY MILE FINDER WEBSITE AS SET FORTH HEREIN.Effective Date: November 4, 2013