logo
botheader
EULA
 
Date of Last Revision: June 1, 2012

Welcome to the Scorpion Saver Toolbar! By clicking the “I Agree” button below, you agree to this software license agreement (“License Agreement”). The Toolbar (as defined below) is owned by ScorpionSaver, a Delaware corporation, doing business as “Scorpion Saver” (“Scorpion Saver”).

If you disagree with any of the terms of this License Agreement, Scorpion Saver does not grant you a license to use the Toolbar; click the “Cancel” or “I Disagree” button to exit the installer.

You may not use the Toolbar if you are not of legal age to form a binding contract with Scorpion Saver. If you are under 18 years old, click the “Cancel” or “I Disagree” button.

IMPORTANT!

By agreeing to these terms, you acknowledge that you have read and consent to this License Agreement, that you understand it, and that you agree to be bound by its terms. In particular, you agree that the Toolbar may perform all its functions, including as described below. The Toolbar monitors and records the ways in which you use your computer and the websites you visit so that: (i) you can receive targeted advertisements.  The Toolbar interacts with your computer by:

1. Displaying advertisements, including without limitation by inserting into web pages or displaying over parts of such web pages advertisements, banners or coupons that would not otherwise appear;

2. Converting words on pages you view into hyperlinks that are linked to advertisements;

3. Communicating with our servers to check for new offers, the placement of offers, the date and time you install and uninstall the Toolbar, and whether an updated version of the Toolbar is available;

4. Monitoring and recording the domain name of each page you view, the advertisements that appear on these pages, and the advertisements that you click; and

5. The Toolbar contains the third-party software (”Other Software”) set forth below subject to a separate end user license agreement (an ”Other EULA”) as follows:

The Other EULA governs your use of Other Software, and not the terms of this License Agreement. Any Other EULA will not affect any terms in this License Agreement or your use of the Toolbar.  Scorpion Saver is not responsible for any loss or damage of any sort incurred as a result of your download, installation, or use of Other Software.

YOU FURTHER ACKNOWLEDGE BY AGREEING TO THIS EULA THE FOLLOWING: (i) THE THIRD-PARTY PRODUCT NAMES, LOGOS, BRANDS, AND TRADEMARKS (THE ”THIRD PARTY TRADEMARKS”) SHOWN ON THE scorpionsaver.com WEBSITE, THE TOOLBAR AND IN THIS LICENSE AGREEMENT, INCLUDING WITHOUT LIMITATION, FACEBOOK AND ANY THIRD PARTY TRADEMARK OWNED BY FACEBOOK, INC. OR ANY OF ITS AFFILIATES, LICENSORS OR LICENSEES ARE THE PROPERTY OF THEIR RESPECTIVE TRADEMARK OWNERS, LICENSORS OR LICENSEES; (ii) THESE OWNERS ARE NOT AFFILIATED WITH THE scorpionsaver.com WEBSITE OR THE TOOLBAR; AND (iii)  THESE OWNERS: (a) HAVE NOT LICENSED THE USE OF THE THIRD PARTY TRADEMARKS ON THE scorpionsaver.com WEBSITE OR THE TOOLBAR; (b) HAVE NOT IN SOME OTHER WAY APPROVED THE USE OF THE THIRD PARTY TRADEMARKS ON THE scorpionsaver.com WEBSITE OR THE TOOLBAR; AND (c) DO NOT SPONSOR, APPROVE OR ENDORSE THE scorpionsaver.com WEBSITE OR THE TOOLBAR, OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITIES OF THE scorpionsaver.com WEBSITE OR THE TOOLBAR.

Information collected through the Toolbar is also subject to the scorpionsaver.com Website Privacy Policy at: http://www.scorpionsaver.com/privacy.php (”Privacy Policy”).

This License Agreement is supplemented by the scorpionsaver.com Website Terms of Use at: http://www.scorpionsaver.com/terms.php (”TOU”). Scorpion Saver reserves the right to update and change, from time to time, this License Agreement and all documents incorporated by reference. You can find the most recent version of this License Agreement at http://www.scorpionsaver.com/EULA.php. Scorpion Saver will notify you of new changes and provide you the opportunity to accept such changes. Use of the Toolbar after such changes constitutes acceptance of such changes.

1. License and Restrictions.

a) By accepting the terms of this License Agreement, you represent to Scorpion Saver and its shareholders, directors, officers, employees, contractors, agents, affiliates and assigns (collectively, ”Scorpion Saver”) that you are at least 18 years old. The Toolbar applications, documentation, and local computer files installed or utilized by the installer application or any other software or digital content owned and provided by Scorpion Saver, including without limitation, any bug fixes, upgrades, and modified versions or updates to the foregoing and any copies of the foregoing (collectively, the ”Toolbar”) are owned by Scorpion Saver, or Scorpion Saver’s licensors and content and data providers (”Scorpion Saver Licensors”).  Scorpion Saver grants you a personal, limited, revocable, nonexclusive, non-transferable, non-sublicenseable, worldwide ( except as limited below) license to use the Toolbar as provided in this License Agreement until this License Agreement is terminated.  This License Agreement defines your legal use of the Toolbar. All rights not expressly granted to you are reserved by Scorpion Saver or their respective owners.

b) YOU MAY:

install and personally use the Toolbar and any updates provided by Scorpion Saver (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Toolbar for your own noncommercial use or benefit. Your license to the Toolbar under this License Agreement continues until this License Agreement is terminated by either party.

c) To uninstall the Toolbar, including and all aspects of it and all components of any Scorpion Saver Licensor software or Other Software, you may take the following steps:

i) For Windows Internet Explorer:


1. Click on Tools, then Manage Add-ons.  Under Toolbars and Extensions, you can disable Scorpion Saver.

2. Under Add and Remove Programs located in the Control-Panel, Scorpion Saver can be permanently uninstalled.


ii) For FireFox:


1. Click on Tools, then Add-ons Manager.  Under Extensions, you can remove
and/or disable Scorpion Saver.

2. Under Add and Remove Programs located in the Control-Panel, Scorpion Saver can be permanently uninstalled.


iii) For Google Chrome:


1. Click on Customize and Control Google Chrome, then select Tools and choose Extensions. Under Extensions, you can remove and/or disable Scorpion Saver.

2. Under Add and Remove Programs located in the Control-Panel, Scorpion Saver can be permanently uninstalled.


d) YOU MAY NOT:

i) Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Toolbar or any portion of it;

ii) Incorporate the Toolbar into any computer chip or the firmware of a computing device manufactured by or for you;

iii) Use the Toolbar in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOU or this License Agreement;

iv) Use the Toolbar on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake. You understand that the Toolbar is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Scorpion Saver is not responsible; v) Use, or export the Toolbar in violation of applicable U.S. laws or regulations; or vi) Sell, lease, loan, distribute, transfer, or sublicense the Toolbar or access to it or derive income from the use or provision of the Toolbar, whether for direct commercial or monetary gain or otherwise, without Scorpion Saver’s prior, express, written permission.

2. Ownership.

You have no ownership rights in the Toolbar.  Rather, you have a license to use the Toolbar as long as this License Agreement remains in full force and effect.  Scorpion Saver and the Scorpion Saver Licensors own all rights, title, and interest in and to their applicable contributions to the Toolbar. This License Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Scorpion Saver, including without limitation the Toolbar and Scorpion Saver trademarks or other intellectual property, and creates no relationship between you and the Scorpion Saver Licensors, or between you and Scorpion Saver other than that of a licensee with Scorpion Saver.  You may not remove any copyright, trademark or other proprietary notice from any copy of the Toolbar.

3. Support and Upgrades.

Scorpion Saver may elect to provide or not provide you with support or upgrades, enhancements, or modifications for the Toolbar (collectively, ”Support”) in its sole discretion, and may terminate such Support at any time without notice to you. Scorpion Saver may change, suspend, or discontinue any aspect of the Toolbar at any time, including the availability of any Toolbar feature or content. Scorpion Saver may also impose limits on certain features or services or restrict your access to parts or all of the Toolbar or the scorpionsaver.com web site without notice or liability. Additionally, Scorpion Saver may automatically download and install updates to the Toolbar with or without prior notification.

4. Dealings with Advertisers.

Your correspondence or business dealings with, or participation in purchase of goods from or use of coupons of or promotions of advertisers found on or through the Toolbar or Other Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. Scorpion Saver will not be responsible or liable, directly or indirectly, for any loss or damage of any sort arising out of or related to any dealings with any such third parties or as the result of the presence of the opportunity to connect with such third parties.

5. Links to Third Party Web Sites.

The Toolbar provides, and third parties (including without limitation, through the Other Software) provide, links to other Web sites or resources (”Linked Sites”). The Linked Sites are not under the control of Scorpion Saver and Scorpion Saver is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Scorpion Saver is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Scorpion Saver of the site or any association with its operators. Scorpion Saver will not be responsible or liable, directly or indirectly, for any loss or damage of any sort arising out of or related to use of or reliance on any such content, goods or services available on or through any Linked Site.

6. Termination.

a) This License Agreement is effective until terminated. You may terminate this License Agreement at any time by discontinuing use of the Toolbar and destroying all copies of the Toolbar in your possession or under your control. Scorpion Saver may terminate this License Agreement if Scorpion Saver determines in its sole discretion that termination is in Scorpion Saver’s best interests or determines in its sole discretion that you have violated the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Scorpion Saver all copies of the Toolbar and to certify in writing that all known copies, including backup copies, have been destroyed or returned.

b) This License terminates automatically if you violate any term of this License Agreement, Scorpion Saver publicly posts a written notice of termination on Scorpion Saver’s web site, or Scorpion Saver sends a written notice of termination to you.

c) Your license to use the Toolbar, its components, and any third-party data, will terminate if you violate these restrictions. If this License Agreement terminates, you agree to cease all use of the Toolbar, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this License Agreement against you directly in their own name.

7. Disclaimer of Warranties.

a) USE OF THE TOOLBAR AND ANY DATA ACCESSED WHILE USING THE TOOLBAR IS AT YOUR SOLE RISK. THE TOOLBAR IS PROVIDED ON AN ”AS IS” AND ”AS AVAILABLE” BASIS.

b) Scorpion Saver DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TOOLBAR WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE TOOLBAR WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE TOOLBAR WILL BE CORRECTED, OR THAT THE TOOLBAR IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. Scorpion Saver IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE TOOLBAR.

c) Scorpion Saver AND Scorpion Saver LICENSORS DO NOT REPRESENT THAT THE TOOLBAR OR ANY DATA ACCESSED WHILE USING IT IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.

d) Scorpion Saver AND THE Scorpion Saver LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE TOOLBAR AND ANY DATA ACCESSED WHILE USING IT, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE TOOLBAR AND ANY DATA ACCESSED WHILE USING IT, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

e) THE TOOLBAR IS NOT DESIGNED, INTENDED OR LICENSED FOR USE ON A COMPUTER IN HAZARDOUS ENVIRONMENTS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR OTHER MISSION CRITICAL APPLICATIONS WHERE LIFE OR PROPERTY MAY BE AT STAKE. Scorpion Saver SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

8. Limitation of Liability.

a)Scorpion Saver AND THE Scorpion Saver LICENSORS ARE NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE TOOLBAR BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE TOOLBAR, YOUR USE OR INABILITY TO USE OR ACCESS THE TOOLBAR OR ANY DATA ACCESSED WHILE USING THE TOOLBAR, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED Scorpion Saver IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.

b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Scorpion Saver OR THE Scorpion Saver LICENSORS ARE FOUND LIABLE UNDER ANY THEORY, Scorpion Saver AND THE Scorpion Saver LICENSORS’ LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE TOOLBAR AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100.

c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 7 AND 8. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 7 AND 8 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 10(e) (SEVERABILITY) BELOW WILL APPLY

9. Indemnification.

You will defend, indemnify and hold Scorpion Saver harmless from any claim or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the Toolbar, your violation of any terms of this License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.

10. Miscellaneous.

a) Complete Agreement.

This License Agreement, the TOU and the Privacy Policy constitute the entire understanding between Scorpion Saver and you respecting use of the Toolbar, superseding all prior agreements between you and Scorpion Saver. If there is any conflict between the terms this License Agreement and those in the TOU or Privacy Policy, the terms of this License Agreement will control, except to the extent that the TOU or Privacy Policy impose additional restrictions and liabilities on your actions.

b) Governing Law;

Jurisdiction; Attorneys’ Fees.  The Toolbar is available through the Site and is controlled by us from our office in Florida, United States of America. It can be accessed from all 50 states of the United States and from all around the world. As each of these jurisdictions has laws and regulations that may differ from those of Florida, by accessing the Site and using the Toolbar you and Scorpion Saver agree that the laws of Florida (expect for conflicts of laws principles) will apply to all matters relating to use of the Toolbar.  The United Nations Convention on Contracts for the International Sale of Goods does not apply.  Exclusive jurisdiction must lie with the courts of Florida for all disputes, actions or proceedings arising out of or relating to this License Agreement.  In any dispute that arises out of the relationship of Scorpion Saver and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.

c) Time to Bring a Claim.

Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Toolbar, or the use of the Toolbar, must be filed within one year after such claim or cause of action arose.

d) English Language Controls.

This English-language License Agreement is Scorpion Saver’s official agreement with users of the Toolbar. In case of any inconsistency between this English-language License Agreement and its translation into another language, this English-language document controls.

e) Severability.

If a provision of this License Agreement is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this License Agreement must not be affected or impaired.

f) Waiver.

No failure or delay on the part of Scorpion Saver in exercising any right, power or remedy under this License Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this License Agreement.

g) United States Government Use.

The Toolbar (including any documentation) is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (b)(3) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraph (c)(l) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 as amended, or any successor regulations thereto, as applicable.

h) Export Restrictions.

You will not permit use of or export, directly or indirectly, re-export, divert or transfer the Toolbar in violation of any applicable export control law or regulation, including without limitation, the U.S. Export Administration Regulations.

i) Survival.

ll terms of this License Agreement that by their nature would survive termination do survive, including, without limitation, Sections 1(d), 2 & 4 − 10.

If you have questions about this License Agreement or want to contact us, please send an email to support@scorpionsaver.com or write to us at:

Scorpion Saver
 
Copyright 2013. All Rights Reserved. Privacy Policy | Terms of Use
Uninstall | EULA | How It Works | Contact Us