The following License Agreement have been republished from www.pricefountain.com/eula and/or the program's installer.
Welcome to the PriceFountain™ downloadable desktop application ("PriceFountain") and/or website at the address http://pricefountain.com (the "Site"), brought to you (the “User", "you") by DealPly Technologies Ltd. ("we", "us", "our", or the "Company").
PriceFountain is a shopping assistance service designated to enhance your online shopping experience and help you compare prices, products and services while browsing through third party e-commerce websites. As you browse online, PriceFountain may detect the product or service you are browsing for and automatically present you with exclusive shopping offers that are relevant to you, as provided by third party vendors, and enable you to make use of such offers – as further explained below.
You may use PriceFountain and/or the Site only in accordance with the terms and conditions hereunder.
Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL PriceFountain, ENTER TO, CONNECT TO, ACCESS, OR USE PriceFountain AND/OR THE SITE IN ANY MANNER WHATSOEVER, AND PROMPTLY ERASE PriceFountain AND ANY PART THEREOF FROM YOUR SYSTEMS.
PriceFountain and the Site
PriceFountain enables us, among other things, to enhance your online shopping experience and help you compare prices, products and services while shopping through third party e-commerce websites - by offering you alternative products or services, showing you the same products or services offered by different vendors with different prices, and presenting you with coupons allowing you to enjoy exclusive discounts when checking out (collectively, "Offers and Deals").
As you browse online, PriceFountain may detect the product or service you are browsing for and automatically present you with exclusive Offers and Deals that are relevant to you, and enable you to make use of such offers. These Offers and Deals, including any information, prices, images, advertisements and links available therein, as well as any websites, services and resources available thereby (collectively, "Third Party Content"), are provided to you via PriceFountain by third party vendors, merchants, service providers and e-commerce websites, and may be enhanced by certain third party services and Third Party Software (as such term is defined below) (collectively, "Third Party Services").
Please note: The Company does not, either expressly or implicitly, endorse, recommend or in any manner assume any responsibility for any Third Party Content and/or Third Party Services, and for any torts or damages incurred to YOU AND/OR ANY OTHER PARTY as a result of, or in connection with, your use of PriceFountain AND/OR ANY THIRD PARTY CONTENT and/or THIRD PARTY SERVICES, and does not guarantee you that the prices presented in any third party content, including through PriceFountain, are the lowest possible prices, or make any representations about any products OR SERVICES included in the Third Party Content and/or Third Party Services OR MADE AVAILABLE THEREBY, or their quality.
You acknowledge and agree that you are using PriceFountain, THE Third Party Content and/or THE Third Party Services at your own risk and expense, and that The Company is not in any way responsible for the products and/or services offered or sold to you therein.
Note that when installing PriceFountain, the Company may change some of your system's preferences. Such changes may only be made according to your explicit consent to these Terms, and can be reverted at any time. Should you require further information or any assistance on this matter, please contact us at [email protected]
There are certain conducts which are strictly prohibited when using PriceFountain and/or the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at the Company's sole discretion) in the termination of your permission to use PriceFountain and/or the Site and also may expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble, in any way, any portion of the content made accessible by the Company on or through PriceFountain and/or the Site, including any information, videos, text, graphics, software programs used by the Company in connection with PriceFountain and/or the Site, material, data obtained from or through this Site, as well as any Third Party Content and any information relating thereto (collectively, the "Content"), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without the Company’s prior written consent; (iii) create a browser or border environment around the Content (no frames or inline linking); (iv) interfere with or violate any other website or user's right to privacy or other rights, or harvest or collect personally identifiable information about users of PriceFountain and/or the Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine any Content; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with PriceFountain and/or the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of PriceFountain and/or the Site, or the servers or networks that host and/or support PriceFountain and/or the Site and/or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to PriceFountain, Content and/or Site; (ix) frame or mirror any part of PriceFountain and/or the Site without the Company's prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from PriceFountain and/or the Site; (xi) forward any data generated from PriceFountain and/or the Site without the prior written consent of the Company; or (xii) use PriceFountain and/or the Site and/or Content for any illegal, immoral or unauthorized purpose; (xiii) use PriceFountain and/or the Site and/or Content for non-personal or commercial purposes without the Company's express prior written consent; (xiv) remove, or disassociate, from the Content any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); or (xv) infringe or violate any of the Terms.
License and Intellectual Property Rights
PriceFountain, the Site, the Content, the Company's proprietary software and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of PriceFountain and/or the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to the Company, and are subject to copyright and other applicable Intellectual Property rights under Israeli laws, foreign laws and international conventions.
The Company hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-sublicensable and fully revocable limited license to use PriceFountain and the Site for your personal use in accordance and compliance with these Terms. Without limitation, you may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company's proprietary rights, including the Company's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of the Company or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Site, PriceFountain and/or Content, and you represent and warrant that you will abide by all applicable laws in this respect.
PriceFountain may utilize or include third party software that is subject to open source and/or third party license terms (“Third Party Software” and "Third Party License" respectively). You acknowledge and agree that your right to use such Third Party Software as part of PriceFountain is subject to and governed by the terms and conditions of the Third Party License applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such Third Party License, the terms of the Third Party License shall prevail with regard to your use of the relevant Third Party Software. We are not responsible for any damages, claims or other liability arising from or related to your use of such Third Party Software.
Trademarks and Trade names
The Company's marks and logos and all other proprietary identifiers used by the Company in connection with PriceFountain and/or the Site (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on PriceFountain and/or the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, except as permitted under these Terms.
Inappropriate Content and Copyright Agent
We care for your safety. If you believe any Offers and Deals, Third Party Content and/or Third Party Services made available to you through PriceFountain and/or the Site are inappropriate or consist, without limitation, of illegal, offensive, violent or sexually inappropriate content, please report such content immediately to us; provided your report will not incur any liability upon the Company.
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); (iv) a statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company's Copyright Agent can be reached through the address specified above.
Links to Third Party Services
The availability and functionality of PriceFountain and the Site depend on various factors, such as communication networks. The Company does not warrant or guarantee that PriceFountain and/or the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
Changes to PriceFountain and/or the Site
The Company reserves the right (but is under no obligation) to modify, correct, amend, enhance, improve, make any other changes to, suspend or discontinue, temporarily or permanently, PriceFountain, the Site and/or the Content (or any part thereof) (the "Changes") without notice, at any time and for any reason, including without limitation any Changes which may be done automatically for the purpose of improving, enhancing or de-bugging the version of PriceFountain installed on your system. The Company may check with remote servers, hosted by the Company or by third parties, for available Changes. You agree that such Changes will be automatically requested, downloaded, and installed without further notice to you.
You agree that the Company shall not be liable to you or to any third party for any Changes whatsoever, and that your only recourse shall be to promptly erase PriceFountain and any part thereof from your systems and to stop using PriceFountain and the Site in any manner whatsoever. Your continued use of PriceFountain and/or the Site following any such Changes will constitute acceptance of, and agreement to be bound by, these Terms with respect to the then-current scope of PriceFountain and/or the Site.
The Company shall have no obligation to provide support, maintenance, updates, upgrades, modifications or new releases of PriceFountain and/or the Site (or any part thereof or any Content included therein).
Disclaimer and Warranties
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF PriceFountain AND/OR THE SITE AND/OR CONTENT AVAILABLE ON PriceFountain AND/OR THE SITE (INCLUDING THAT THE RESULTS OF USING PriceFountain WILL MEET YOUR REQUIREMENTS).
THE CONTENT AVAILABLE ON PriceFountain AND/OR THE SITE MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, AND DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS, OF PriceFountain, THE SITE AND/OR THE CONTENT AND THE USE OF PriceFountain AND/OR THE SITE, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON PriceFountain INCLUDING TO THE OFFERS AND DEALS AVAILABLE VIA PriceFountain AND ANY THIRD PARTY CONTENT AND/OR THIRD PARTY SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, THE APPEARANCE, THE PRODUCTS AND/OR SERVICES DESCRIPTION AND ATTRIBUTES ETC).
THE COMPANY DOES NOT ENDORSE OR RECOMMAND ANY OF THE THIRD PARTY CONTENT AND/OR THIRD PARTY SERVICES OFFERED AND/OR MADE AVAILABLE THROUGH PriceFountain. THE COMPANY MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS THAT THE INCLUSION OR OFFERING OF ANY SUCH THIRD PARTY CONTENT AND/OR THIRD PARTY SERVICES THROGH PriceFountain CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH THIRD PARTY CONTENT AND/OR THIRD PARTY SERVICES.
PriceFountain, THE SITE AND/OR THE CONTENT ARE ALL PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY AND/OR QUALITY OF PriceFountain, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF PriceFountain AND/OR THE SITE ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF PriceFountain, THE SITE, THE CONTENT AND/OR ANY THIRD PARTY CONTENT AND/OR THIRD PARTY SERVICES, IS ENTIRELY AT YOUR OWN RISK, AND THE COMPANY SHALL HAVE NO LIABILITY RELATING TO SUCH USE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF PriceFountain, THE SITE AND/OR THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING IN CONNECTION WITH OFFERS AND DEALS, THIRD PARTY CONTENT AND/OR THIRD PARTY SERVICES PURCHASED AT A THIRD PARTY SERVICE FOLLOWING THE USE OF PriceFountain, ETC.), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF PriceFountain, THE CONTENT AND/OR THE SITE, OR THE USE OR INABILITY TO USE PriceFountain AND/OR THE SITE, OR FAILURE OF PriceFountain AND/OR SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, AND/OR ANY OTHER ACT OR OMISSION OF THE COMPANY BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold the Company, including its officers, directors, shareholders, employees, sub-contractors and its agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of PriceFountain, the Content and/or the Site; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you and/or any third party may cause to any third party which relates to your use of PriceFountain and/or the Site (including your violation of any third party rights); and (iv) any claims for damages arising out of any decision made or action taken or not taken in reliance on PriceFountain, the Content and/or the Site.
Amendments to the Terms
The Company may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will notify you via PriceFountain regarding such changes. Such substantial changes will take effect seven (7) days after such notice was first provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of PriceFountain and/or the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
Termination of PriceFountain and/or Site's operation
At any time, the Company may block your access to PriceFountain and/or the Site, and/or temporarily or permanently limit, suspend or terminate such access, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law.
Additionally, the Company may at any time, at its sole discretion, cease the operation of PriceFountain and/or the Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to or in connection with the termination of PriceFountain and/or the Site operation and loss of any data. The provisions of the License and Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination or expiration of the Terms.
You can uninstall PriceFountain the same way as you would uninstall any other application from your computer.
Windows XP: (1) Click the Start button. (2) Select Control Panel. (3) Double-click the “Add/Remove Programs” applet icon. (4) The Add/Remove Programs applet displays a list of all apps installed on your computer. Select the entries related to PriceFountain, and then click the Remove button for each remaining entry.
Windows Vista / Windows 7: (1) Click the Start button. (2) Select Control Panel. (3) Select Programs. (4) Click Programs and Features. (5) Select the PriceFountain entry, and then click the Uninstall button.
Windows 8: (1) Right-click on the screen at bottom-left corner and select Control Panel from the menu. (2) When the Control Panel appears, select Uninstall a Program from the Programs group. (3) Select the PriceFountain entry to uninstall and then click the Uninstall button. (4) Click Yes to proceed with the process.
Please note that you may require administrative privileges to uninstall applications from your computer. If you do not have such privileges, you may contact your system administrator to provide them.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to PriceFountain, the Site and/or the Content or use of PriceFountain, Site and/or Content will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of PriceFountain, Site and/or Content will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without the Company's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company. The Company may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices via PriceFountain and/or the Site. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcomed to send the Company an e-mail at: [email protected]
, and we will make an effort to reply within a reasonable timeframe.
The Company's address for reporting any inappropriate content is as follows:
DealPly Technologies Ltd., 63 Rothschild Street, Tel Aviv, Israel.
According to the license agreement provied by DealPly Technologies Ltd., it was effective as of March 9, 2014. For the most up to date Terms or EULA, visit the publisher's website at www.pricefountain.com/eula. The above content is the sole property of DealPly Technologies Ltd. and replished on this site for transparency purposes only. All questions about these republished terms should be directed to the publisher directly by visiting the publisher's site at http://www.pricefountain.com/.
If you have PriceFountain installed on your computer, you can easily remove it by downloading "Should I Remove It?", its 100% FREE and installs in seconds (just click the download button below).