End-User License Agreement
This End-User License Agreement (the “EULA”) is a legal agreement between you (either as an individual or on behalf of an entity) and Price Donkey (“Price Donkey”) regarding your use of Price Donkey’ products, software, services, and web sites, including Price Donkey and associated documentation (the “Software”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, USE, OR COPY THE SOFTWARE
1. Accepting the Agreement
2. Limited License from PriceDonkey
Price Donkey grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Software in accordance with this EULA (the “License”). The License is expressly conditioned upon your agreement to all of the terms of this EULA. The Software is licensed, not sold. Price Donkey reserves all other rights not granted by this EULA.
- 3.1 You agree to use the Software only for purposes that are permitted by this EULA, and in a manner that complies with the applicable laws, regulations, and generally accepted practices in the jurisdiction(s) in which you use the Software.
- 3.2 You agree that you will not engage in any activity that interferes with or disrupts the Software (or the servers and networks which are connected to the Software).
- 3.3 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, attempt to do so, or assist anyone in doing so.
- 3.4 Unless you have been specifically permitted to do so in a separate written agreement with Price Donkey, you agree that you will not reproduce, duplicate, copy, sell, resell, rent, trade, lease, exchange, repackage, or redistribute the Software for any purpose.
- 3.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Software.
4. Provision and Use of the Software
- 4.1 Price Donkey is constantly innovating and improving the Software in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Software which Price Donkey provides may change from time to time without prior notice to you. Any modifications and new features added to the Software are also subject to this EULA.
- 4.2 You acknowledge and agree that Price Donkey may stop (permanently or temporarily) providing, maintaining, or supporting the Software to you or to other users generally at Price Donkey’ sole discretion, without prior notice to you or other users.
- 4.3 You acknowledge and agree that you are solely responsible for (and that Price Donkey has no responsibility to you or to any third party for) any breach of your obligations under this EULA and for the consequences (including any loss or damage which Price Donkey may suffer) of any such breach.
- 4.4 You acknowledge and agree that you are solely responsible for (and that Price Donkey has no responsibility to you or to any third party for) any content that you create, transmit, or display while using the Software and for the consequences of your actions (including any loss or damage which Price Donkey may suffer) by doing so.
5. Privacy Notices
- 5.1 Automatic Software Updates. The Software communicates with Price Donkey to determine whether there are any patches, bug fixes, updates, upgrades, or other modifications that Price Donkey determines should apply to the Software. You agree that the Software may automatically install any such modifications to the Software.
- 5.2 Error Reports. In order to help us improve the Software, when the Software encounters certain errors, it may prompt you to send an error report containing the nature of the error and supplementary information to help Price Donkey troubleshoot the error. You may choose not to send the error report to Price Donkey.
- 5.3 Usage Data. Price Donkey collects anonymized data about your usage of the Software to help us maintain and improve it. The Software sends such data automatically at periodic intervals. If you do not want to send such usage data to Price Donkey, you may opt out by changing your settings in the Preferences section of the Software.
6. Intellectual Property Notices
You acknowledge and agree that the Software and all copyrights, trade secrets, inventions (whether or not patentable), trademarks or designations of origin, and other intellectual property rights therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist) are the exclusive property of Price Donkey. Price Donkey reserves all rights in and to the Software not expressly granted to you in this EULA.
7. Exclusion of Warranties
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Price Donkey does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or free from error; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; or (v) any errors in the Software will be corrected. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRICE DONKEY OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. PRICE DONKEY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. To the extent any representation, warranty, or legal or contractual obligation of Price Donkey is not waived herein (including with respect to any alleged negligence), you agree that any claim with respect to the foregoing shall survive for the shorter of (a) the statute of limitations applicable to such claim, and (b) 12 months from the date that you last use the Software under this EULA.
8. Disclaimer of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRICE DONKEY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF PRICE DONKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) any changes which Price Donkey may make to the Software, or for any permanent or temporary cessation in the provision of the Software (or any features within the Software); (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) deletion of, corruption of, or failure to store, any data, content, or communications maintained or transmitted by or through the Software; (vi) or any other matter relating to the Software.
- 9.1 This EULA is effective until terminated by Price Donkey.
- 9.2 Price Donkey reserves the right to suspend or terminate this EULA, the License and the rights afforded to you hereunder at any time at our discretion and without notice. Furthermore, if you fail to comply with any terms and conditions of this EULA, then the License and any rights afforded to you hereunder terminate automatically, without any notice or other action by Price Donkey. Upon the termination of the License, you must cease all use of, and uninstall, the Software.
- 9.3 Cancellation of monthly contracts will be cancelled at the end of the pre-paid month, access to all data will be terminated at the end of the month.
- 9.4 Annual contract can be cancelled. The canceling of an annual contract will convert the contract to a fee price based on a monthly contract. A refund will be issued at the end of the month based on the prorated amount remaining at a monthly contract amount for the months used.
10. Entire Agreement
This EULA constitutes the entire agreement between you and Price Donkey and governs your use of the Software, superseding any prior agreements between you and Price Donkey (including, but not limited to, any prior versions of the EULA).
11. Waiver, Severability, and Assignment
The failure of Price Donkey to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any portion of this Agreement is rendered or declared illegal, invalid, or unenforceable, the remainder of the agreement shall remain in force. You may not assign this EULA or any rights herein, and any such attempt will be void.
Price Donkey may modify or amend the terms of this EULA by posting a copy of the most current agreement on our website. By continuing to use or access the Software after the revised agreement comes into effect, you agree to be bound by the revised EULA.
13. Choice of Law and Venue
You agree that this EULA shall be governed by California law, consent to the exclusive jurisdiction and venue of applicable courts located in Placer County for any dispute related to the Software or this EULA, and agree to bring any action solely in such courts.
14. Service Inquiries
Please send any customer service inquiries, including questions about this EULA, to firstname.lastname@example.org. Any legal notices or process must be directed to Price Donkey at 2008 Opportunity Drive, Suite 160 Roseville CA 95678.