The following License Agreement have been republished from coupon-marvel.com/legal.html and/or the program's installer.
This End-User License Agreement ("EULA") is a legal agreement between you, a single end user entity, referred to herein as "Licensee", "you" or "your" and Social Growth Technologies, Inc. ("Licensor") for Charm Savings application. Please note that this EULA applies only to the Social Growth Technologies' Charm Savings, and does NOT apply to other Licensor services, or to other software provided by Licensor, all of which are governed by their own license agreements.By downloading, installing, running, executing, or otherwise using any portion of the Software, You agree to be bound by the terms of this EULA. If you do not agree to be bound to the terms of this EULA, please do not download, install, RUN, EXECUTE, accept, USE or permit others to download, install, run, execute, ACCEPT, or otherwise use the Software.1. Certain Definitions. The following are certain key definitions used in this EULA:(a) "Documentation" means the standard user documentation for the Software, if any.(b) "Intellectual Property Rights" means all intellectual property rights and proprietary rights throughout the world, including without limitation, copyright, patent, trademark, trade name, trade dress, service mark, know-how, trade secret, moral rights, design rights, and database rights, and all rights of registration and renewal.(c) "Software" means the object code version of the Charm Savings software, and any bug fixes and related minor updates, but excluding any upgrades that provide new features or functionality.2. Grant of License. Licensor grants you a non-exclusive, non-transferable, revocable and non-sublicenseable limited license to use the Software in accordance with the terms and conditions of this EULA.3. No Sale. You acknowledge and agree that this copy of the Software has been licensed to you pursuant to the terms and conditions of this EULA and that such copy of the Software has not been sold to you. In addition, you acknowledge that this copy of the Software is not subject to the "first sale" doctrine as that term is defined in United States copyright laws.4. Scope of License. You may not: (a)reverse engineer, decompile, or disassemble the Software; (b)correct, modify, adapt, or create derivative works of the Software or Documentation; (c)work around any technical limitations in the Software; (d)install, copy, or use the Software or Documentation other than as expressly specified in this EULA; (e)publish the Software or Documentation for others to copy; (f)rent, lease, or lend the Software or Documentation; (g)use the Software or Documentation as part of commercial software hosting services; or (h)use the Software or Documentation in violation of this EULA or in any way that is against the law.5. Proprietary Rights.(a) Retained Rights. This is a license, not a sale. All rights not expressly granted are reserved by Licensor and its software suppliers who retain all rights, title and interest in and to the Software. Licensee acknowledges that this EULA does not grant Licensee either (1) title to the Software licensed hereunder or (2) any intellectual property rights in the Software Service, any derivatives thereof or in Licensor's trademarks.(b) Legally Protected. All such intellectual property rights are protected at local, national and international levels by various laws and treaties, including but not limited to those related to trade secrets, copyrights, trademarks, and patents.(c) Trade Secret. The Software constitutes a valuable asset and trade secret of Licensor and its software suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Licensee agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software Service, either directly or indirectly, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Licensee further agrees not to attempt in any way, directly or indirectly, to deactivate any hardware or software security devices included with the Software Service.(d) Security Measures. Licensee shall take reasonable security measures to protect the Software and/or trade secrets and material otherwise protected, specifically under copyright law. Licensee agrees to hold the Software in confidence. Licensee shall not provide the Software to any other party without the written consent of Licensor. Licensee will provide Licensor with timely notification of any suspected unauthorized use, copying or disclosure of the Software and agrees to cooperate with and assist Licensor in the identification and prevention of any such unauthorized use, copying or disclosure of the Software. Under no condition will Licensee treat the Software with less security than it treats its own confidential information/trade secrets.(e) Proprietary Notices. Licensee shall not remove or alter any copyright, trademark, service mark, patent notice and/or any other references to protected rights contained in whatever form in the Software Service. Licensee shall reproduce such notices and references in their original form wherever the production of copies or duplicates is permissible.6. Reporting Problems. You may report a problem with the software by providing the relevant details to [email protected]
WARRANTY DISCLAIMER. You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, loss of data, and effort of the Software is with you. Licensor does not warrant that the operation of the Software will be error-free, uninterrupted, or that functions and features of the Software will meet your requirements or provide you with specific results.To the maximum extent permitted by applicable law, the software is provided "as-is", "with all faults", and without warranty of any kind. licensor hereby disclaims all warranties and conditions with respect to the software, any services or information available through it, or failure of or failure to provide support or other services, either express, implied or statutory (if any), including, but not limited to, the warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of quiet enjoyment, of accuracy or completeness, of workmanlike effort, of correspondence to description, of lack of negligence, of lack of viruses OR HARMFUL COMPONENTS, or of infringement of third-party rights. No oral or written information or advice given by licensor will create a warranty.Some jurisdictions, local and international, do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some of the above exclusions and limitations may not apply to you.8. LIMITATION OF DAMAGES AND LIABILITY.To the maximum extent permitted by applicable law, in no event will licensor be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for loss of data, for failure to meet any duty (including of good faith and of reasonable care), for negligence, and for any other pecuniary or other loss whatsoever, arising out of or in any way related to the software, any services or information available through it, or failure of or failure to provide support or other services, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract, or breach of warranty of licensor, and even if licensor has been advised of the possibility of such damages.Some jurisdictions, local and international, do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.Notwithstanding any damages that you might incur for any reason whatsoever, the entire liability of Licensor under any provision of this EULA, and your exclusive remedy hereunder will be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to $50. The foregoing limitations, exclusions, and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.9. Indemnity. You agree to defend, indemnify, and hold Licensor harmless from and against any and all claims, losses, liability, costs, and expenses (including attorney’s fees) arising from your use of the Software or violation of this EULA.10. Export Restrictions. The Software and Documentation are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software and Documentation. These laws include restrictions on destinations, end users, and end use. In particular, but without limitation, the Software and Documentation may not be exported or re-exported (a)into any United States embargoed countries or (b)to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using the Software or Documentation, you represent and warrant that you are not located in any such country or any such list.11. United States Government Restricted Rights. The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software—Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable.This Software is licensed solely under the terms of this EULA. If a government entity believes that it has additional rights because it is a government entity, that government entity shall provide Licensor with all such proof of rights prior to acceptance of this EULA.12. Additional Software. This EULA also applies to updates and/or upgrades to the original Software provided by Licensor, unless Licensor provides other terms along with such additional Licenses, updates and/or upgrades. Supplemental software code, profiles, and templates, parameters, business rules and algorithms, which are created by Licensor as part of its support and or professional services, as well as all specifications and Licensor scope of work documents related to the Software shall be considered proprietary to Licensor and are subject to the Proprietary Rights section of this EULA as though they were the Software Service.13. Termination. Once you have activated the Software, the licenses and rights provided to you by this EULA are effective until terminated. Your rights to the Software terminate automatically without notice from Licensor if you fail to comply with this EULA. Charm Savings is an optional application and you can always choose whether to use it or not as part of your browsing experience. You can remove or disable the application at any time.14. Alerts. Upon installation, Charm Savings members are opted-in to receive alerts of coupons, deals, and special offers while they shop. If a user no longer wishes to receive alerts, they may click on the Charm Savings icon and check the box labeled .Turn off Charm Savings. This will instantly deactivate all alerts by Charm Savings on all Affiliate Store sites. If the user wishes to reactive Charm Savings, they simply need to uncheck the box.15. Internet Updates. The Software may connect to Licensor or its service provider over the Internet from time to time to obtain updates or additional components for installation. You may not receive a separate notice when the Software makes this connection, or upon installation of such updates or components. by using the software, you consent to the transmission of such information. if you do not consent to the transmission of such information, please do not use the software.16. Governing Law/Jurisdiction/Dispute Resolution. All matters pertaining to this EULA and its subject matter (including its interpretation, application, validity, performance and breach) must be brought within, and shall be governed by, construed and enforced in accordance with the laws of, the State of Maryland (without giving effect to its conflicts of law principles), unless Licensee is a governmental entity required by law to enter into agreements governed by the law of Licensee’s state or Licensee is subject to a law that requires the application of an alternate law. Unless otherwise prohibited by applicable law, the parties herein agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located within the State of Maryland. In the event that litigation results from or arises out of this EULA or the performance thereof, the Licensee agrees to reimburse the Licensor its reasonable attorneys' fees and court costs should it be the prevailing party, in addition to any other relief to which the Licensor may be entitled. In addition, this EULA will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act ("UCITA"), and the United Nations Convention on Contracts for the International Sale of Goods ("CISG") is hereby excluded. 17. Injunctive Relief. Licensee agrees that, in addition to any other rights or remedies which Licensor may have at law or in equity, Licensor shall be entitled to injunctive relief in any court of competent jurisdiction for any breach or threatened breach of the terms and conditions of this EULA. Licensee agrees that any breach of this EULA constitutes irreparable harm and that monetary damages alone do not provide Licensor adequate relief.18. Miscellaneous.(a) Licensor shall not be responsible or liable for any failure in performance or loss or damage due to any cause beyond its control.(b) This EULA, and any portion of it, may not be assigned without Licensor’s prior written permission. Any such assignment or attempted assignment shall be void ab initio. This EULA shall inure to the benefit of Licensor’s permitted successors and assigns. Licensor can freely assign this EULA and any of its obligations hereunder to any third party.(c) If for any reason a court of competent jurisdiction finds any provision of this EULA to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to carry out the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Any consent to or waiver by one party of a breach by the other party shall not constitute a consent to or waiver of any other different or subsequent breach. The paragraph and section captions within this EULA are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This EULA shall be given equal consideration in its construction and interpretation without regard to which party drafted it.(d) All provisions of this EULA relating to Licensor’s proprietary rights, disclaimers, and limits of liability or duty, confidentiality, nondisclosure, and Licensee’s actions upon termination, shall survive expiration or the termination of this EULA for any reason.(e) This EULA is the entire agreement between Licensee and Licensor relating to the Software and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. This EULA may only be modified by a written agreement signed by both parties(f) You acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and condition.
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