AEDGE PERFOMANCE BCN, S.L.U END USER LICENSE AGREEMENT

Software License Agreement for OfferBox

IMPORTANT - PLEASE READ CAREFULLY

USING THIS SOFTWARE: THIS LICENSE AGREEMENT FOR OFFERBOX (“LICENSE AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND AEDGE PERFORMANCE BCN, S.L.U. (“PROVIDER”) FOR THE OFFERBOX SOFTWARE (“SOFTWARE”). BY TICKING THE LICENSE AGREEMENT CHECKBOX AND CLICKING ON “INSTALL”, INSTALLING THE SOFTWARE (AS DESCRIBED BELOW), COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

GRANTING OF LICENSE: Subject to the following terms, the Provider hereby grants you a non-exclusive, non-transferable license to: (i) install the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes

LICENSE RESTRICTIONS: You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any such forbidden use shall immediately terminate your license to the Software.

TITLE: You agree that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights corresponding to the Software shall remain the Provider’s.
All the information is saved on the application and is not sent to the provider or third party.
The User can uninstall the Software at any time, using the standard uninstall procedures provided by the computer’s operating system, accessing the Control Panel >Add/Remove Programs, selecting from the list of installed applications and clicking on the button Change/Remove.

UPDATES: The Software you use may automatically download and install OfferBox updates from time to time. Said updates are designed to improve, enhance and further develop the Services provided and may take the form of bug fixes, enhanced functions, new Software modules and entirely new versions. You agree to receive such updates and authorise OfferBox to provide them to you, as part of your use of these Services.

CONTENT WWW.OFFERBOX.COM WEBSITE AND OFFERBOX APPLICATION: OfferBox will show products, contextual offers, and coupons based on your the User’s Internet web search, and also “Daily deals” in which the User’s will be offered the best daily offers available in their geographical location. Any method used to visit an online merchant page will also trigger OfferBox to show relevant products, offers and coupons. Once active, offers will appear on a separate browser within a notification from the OfferBox icon in the notifications menu, which is alerting of the availability of offers and will change automatically according to the relevant terms of your search, online merchant’s pages you visit and/or to the preferences chosen by you only once the application is activated. The User has the option to pause the notifications and/or choose the categories of offers he/she wishes to receive from the OfferBox option on the Start menu or by clicking “Preferences” on the notifications menu. Also, the user has the possibility to disable the software from starting for every Windows session. No personal data is collected. These products, offers, and coupons will redirect you to the site of the merchant. We are not responsible for the content of linked sites. The resources are only suggested; they do not necessarily imply endorsement.

DISCLAIMER OF WARRANTY: The Software is provided to you at no charge. ACCORDINGLY, YOU AGREE THAT THE PROVIDER HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. THE PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.

LIMITATION OF LIABILITY: You must assume the entire risk of using the programme. UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from Provider to effect such termination. You may also terminate this License Agreement at any time by uninstalling all copies of the Software.

OTHERS:
-Governing law. This Agreement will be governed under Spanish laws, and the parties hereby agree to submit exclusively to the Barcelona law Courts.
Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement.
-Entire agreement. The User agrees that this is the entire agreement between you and the Provider.
-Reservation of rights. All rights not expressly granted in this Agreement are reserved by Provider.

COOKIES: By using OfferBox, the user acknowledges and accepts that the software may install cookies from the company Exelate UK Ld. or AEDGE PERFOMANCE BCN, S.L.U. OfferBox does not use or has any access to the cookies from Exelate UK Ltd. The user is able to configure their browser to not to accept cookies. More information regarding the use of cookies is available at http://www.youronlinechoices.com/ . Exelate UK Ltd privacy policy is available at http://exelate.com/new/consumer-privacy/website-privacy-policy/ and that of AEDGE PERFROMANCE BCN, S.L.U. is available at http://www.aedgency.com/legal/privacy-policy/.

OFFERBOX PROXY SERVER: Provided that the OfferBox application has been installed with the user’s prior consent, the software will use a proxy developed by AEDGE PERFORMANCE, which will intermediate between the Internet browser the user opts to browse the Internet and OfferBox. This intermediary software is used in a dissociated manner to the personal information in order to adapt the offers.

Copyright (c) 2009 AEDGE PERFORMANCE BCN, S.L.U. All rights reserved.