הסכם רישיון למשתמש קצה עבור easyfundraising Donation Reminder
easyfundraising Donation Reminder easyfundraising מאת
<h1>Find and Remind End User License Agreement</h1>
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By downloading and installing the Find & Remind, you agree to be legally bound by this following End User License Agreement (this "EULA"). As used in this EULA, the "Find & Remind " or "Software" means the 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. This EULA applies to any Find & Remind branded with third party brands.
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easyfundraising reserves the right to update and change, from time to time, this EULA and all documents incorporated by reference herein. easyfundraising 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.
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<hr><h4>Grant of Limited Use License</h4>
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If you agree to this EULA, you may install and personally use the Find & Remind and any updates provided by easyfundraising 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 easyfundraising from time to time), easyfundraising hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Find & Remind 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.
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<hr><h4>Permitted Uses</h4>
<p>By agreeing to this EULA, your permitted uses and restrictions with respect to the Software are as follows:</p>
- Generally: You may use the Find & Remind to enhance your Internet surfing experience by being provided with relevant references displayed in your browser.
- Search the Internet: During installation, you will be requested to change the default search engine in your browser's search box, if such a search box exists in your browser.
- eCommerce: When visiting a participating merchant's website with which easyfundraising has a business relationship, the Software will prompt you that: (1) this is a participating merchant; and (2) the Software will give you the option of earning funds for your cause on an opt-in basis. If you then decide not to opt in, you will not be entitled to earn any funds in connection with your activity. If you do opt-in as set forth above, then your chosen cause for which you are earning funds be entitled to earnings or other benefits upon the successful completion of a sales transaction on a commissionable item. In order for the sales transaction to be tracked following opt-in, the software will set a cookie on your computer through an affiliate network. If you visit another referral partner site (cashback or voucher codes sites etc) before completing any transaction there is a high likelihood that the Software affiliate cookie will be overwritten and your cause will no longer be entitled to receive a donation. Please also note, for all methods of being routed through to the easyfundraising website, if cookies or other similar tracking devices from other referral partners are already present on your computer, you will still be prompted to opt in, which may result in removing the opportunity for the other referral partner receiving a commission.
- Enhanced Experience: When visiting certain sites, the Find & Remind may add to the page you are visiting certain html code to enhance your experience by adding deals/coupons to links and text, as well as a notification system that will keep you connected with the brand associated with the Find & Remind that you have installed.
- 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.
<p>You may not:</p>
- use the Find & Remind in any manner that could damage, disable, overburden or impair easyfundraising's search services (e.g., you may not use the Find & Remind in an automated manner) or in any way to transmit, directly or indirectly, any unsolicited bulk communications;
- decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the Find & Remind or any portion thereof; or
- use the Find & Remind 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 earn donations via the Find & Remind or easyfundraising web properties. You agree to abide by UK copyright law and all other applicable laws of the UK and other nations and by any applicable international treaties in connection with the Software.
<hr><h4>Ownership</h4>
<p>All rights to and in the Software, including, but not limited to, copyrights, patents, trademarks, and trade secret rights, belong to easyfundraising and easyfundraising holds title to each copy of the Software. You agree not to remove or alter our or any third party's 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.</p>
<hr><h4>Term</h4>
<p>This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of Software in your possession. easyfundraising may terminate this EULA, in its sole discretion, if you breach any of the terms and conditions, for lack of use 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. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and easyfundraising's proprietary rights shall survive any such termination. You agree that easyfundraising Ltd shall not be liable to you or any third-party for any termination of your access to the Software or the services provided thereby.</p>
<hr><h4>Disclaimer of Warranty</h4>
<p>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 MERCHANTABILITY, 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.</p>
<hr><h4>Limitation Of Liability</h4>
<p>EASYFUNDRAISING'S SOLE OBLIGATION OR LIABILITY UNDER THIS EULA IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL EASYFUNDRAISING 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, EVEN IF EASYFUNDRAISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
<hr><h4>Indemnification</h4>
<p>BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY EASYFUNDRAISING SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS EASYFUNDRAISING, 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).</p>
<hr><h4>High Risk Activities</h4>
<p>The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. ACCORDINGLY, EASYFUNDRAISING SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY SUCH ACTIVITIES, AND YOU AGREE THAT EASYFUNDRAISING WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.</p>
<hr><h4>Data Collection and Privacy</h4>
<p>By using the Software and related services, you agree that Easyfundraising may collect and use certain information and data relating to your use, as more fully described in our toolbar privacy policy, posted at the easyfundraising website, http://www.easyfundraising.org.uk/spread-the-word/find-and-remind/privacy/ and our general website privacy policy posted at http://www.easyfundraising.org.uk/privacy/. All such data is owned exclusively by easyfundraising. These policies, as they may be amended from time to time, are integrated and incorporated by reference into this EULA.</p>
<hr><h4>General</h4>
<p>Controlling Law.</p>
<p>This EULA and the relationship between you and easyfundraising is governed by the laws of England and Wales without regard to its conflict of law provisions. You and easyfundraising agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales.</p>
<p>YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE US EASYFUNDRAISING 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 easyfundraising, 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.</p>
<hr><h4>ACKNOWLEDGMENT</h4>
<p>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 EASYFUNDRAISING, 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 EASYFUNDRAISING WEBSITE AS SET FORTH HEREIN.</p>
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