End User License Agreement
End User License Agreement
Last updated June 18, 2008
What is the Pronto Shopping Helper?
The Pronto Shopping Helper is a free Firefox add-on that provides shopping lists and access to product and price information to help you shop on-line.
The Pronto Shopping Helper allows you to add products to shopping lists, fetches product information from Pronto.com or other web pages you identify, displays prices in a grid, notifies you of prices changes and notifies you of changes in product availability.
The Pronto Shopping Helper is free. You can easily uninstall the Software at any time.
Before installing the Software or using the Pronto Shopping Helper, you must agree to the terms of both the Pronto Shopping Helper Privacy Policy ("Shopping Helper Privacy Policy") and End User License Agreement ("EULA"). The Shopping Helper Privacy Policy describes what information is stored, where it is stored and what information is transmitted to and from external web sites. The EULA sets certain conditions on your use of the Pronto Shopping Helper.
This EULA is a binding agreement that controls your use of the Software and Pronto Shopping Helper.
Updates and changes to this EULA
Notice of Changes. You agree that we may change the terms and conditions of this EULA at any time. We will always post the date of the latest version of the EULA at the top of the EULA. In order to make sure that you are familiar with the latest version of this EULA, we encourage you to visit the Legal Terms section often.
Effect of Changes. You agree that if you continue to use the Pronto Software after we have posted a change to this EULA, then you are bound by the updated terms and conditions of the EULA. In other words, if you do not uninstall the Software, you agree to be bound by the most current version of this EULA.
We own the Software
You agree that the Pronto Shopping Helper Software is owned by us, Pronto, Inc. (sometimes referred to as “Pronto” or “us” or “we”). That means that as between you and us you acknowledge that we own, or we license from other companies, all copyrights, trademarks, patents in and to the Software and that you will not make any claim to any ownership in the Software (or any part of the Software).
Your use of the Pronto Shopping Helper Software
Under this EULA, we are granting to you the right to use the Pronto Shopping Helper Software for free, but you agree that you will only use it for your own personal use and only as allowed under this EULA. In other words, you agree, among other things, that you cannot and will not redistribute the Software or sell the Software or allow others to use the Software in a way that violates this EULA.
Your age
You agree that you are at least 18 years old.
Your agreement to download and install the Software
If you have downloaded and installed the Software on your computer, then you agree that you have done so consciously and willingly, and that you own the computer on which you have installed the Software. If you do not own the computer on which you have downloaded and installed the Software, then you agree that the owner of the computer has given you the right and the authority to download and install the Software on that computer.
Registration, Password, and Security
You do not need to register with Pronto to use the Software. If you do choose to register with Pronto after you install the Software, then, you agree to: (a) provide true and accurate, current, and complete information; (b) maintain and update your information to keep it accurate, current, and complete; and (c) notify Pronto immediately of any unauthorized use of your account. As part of the registration process, you will be required to provide an email address and your zip code, and you will need to create a password. You are responsible for the confidentiality and use of your account and password. Please see the Pronto.com Pronto.com Privacy Policy for more information about what we do with your personally identifiable information if you use the Pronto.com web site.
What you allow us to do
If you have installed the Software on your computer, then you agree that you allow us to do the following things:
Automatically update your version of the Software with the most recent version. We will automatically install fixes, patches and upgrades to the Software. If we release a new version of the Software that has significant or important changes, we may let you know that we have updated your version of the Software by notifying you. You can see the version of the Pronto Shopping Helper Software that you are using under the Preferences section.
Turning the Software on/off and uninstalling the Software.
To uninstall or disable the software, use Firefox's Add-ons management tool which can be accessed from the Firefox menu choice: Tools -> Add-ons.
What you agree to not do
  • Use the Software in any way that violates any laws, government regulations or court orders.
  • Use the Software, or the information you obtain through the Software, in any manner other than for your own personal, non-commercial use.
  • Copy, change, modify, sell, offer for sale, rent, publicly post or make derivative works of some or all of the Software or some or all of the information you obtain through the Software.
  • Remove or attempt to remove any of the logos, trademarks, copyright notices, patent notices or other identifying marks of the Software.
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component.
  • Reverse engineer, reverse assemble, decompile, or otherwise attempt to:
    1. defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Software, or
    2. derive the source code or the underlying ideas, algorithms, structure or organization from the Software.
  • Interfere, attempt to interfere or prevent in any way the proper working of the Software.
  • Distribute this Software in any manner without the prior written authorization of Pronto.
  • Promote, allow or encourage the download and/or installation of the Software through any service or website other than through the Pronto Web Site or a Pronto approved distribution partner.
  • Promote, allow or encourage the download and/or installation of the Software in any manner that is deceptive or misleading to a user or without a user's express prior consent.
  • Use the Software in any manner other than as permitted under this EULA.
Disclaimer - Things we are not responsible for
You acknowledge and agree that we are not responsible and are not liable in any way for the following:
Whether you register with Pronto or not, we also collect information that is non-personal or anonymous, meaning that the information does not identify you, but may identify your computer or your general geographic area. We may combine your non-personally identifiable information with some or all of our users, or we may combine your non-personally identifiable information with information from other sources, to do trend analyses or generate other reports to help us provide better utility for our users, our partners, or our business. We currently collect and use non-personally identifiable information as follows:
* Other software.
If you have downloaded and installed the Software, it will interact with some of the other software on your computer. We are not responsible in any way for any other software applications on your computer, and cannot guarantee that our Software will be compatible with any of them.
* Hardware.
If you have downloaded and installed the Software, it will interact with some of your hardware (i.e. your physical computer, your printer, etc.). We are not responsible in any way for any of your hardware applications and cannot guarantee that our Software will be compatible with any of them.
* Other Web Sites.
Although the Software displays the products and services of various merchants, often together with links to those merchants and other web sites, unless expressly stated to the contrary, such display in no way means, implies, suggests or constitutes any relationship or approval of or by those merchants or their products or services. We are not responsible in any way for any other web sites, products, services or information.
Disclaimer of warranty
THE PRONTO SHOPPING HELPER SOFTWARE, ANY INFORMATION AND ANYTHING ELSE RELATING TO THE PRONTO SHOPPING HELPER SOFTWARE, ARE PROVIDED BY PRONTO "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. PRONTO IS ALSO NOT RESPONSIBLE FOR, AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND/OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE PRONTO SHOPPING HELPER SOFTWARE OR ANY SECURITY BREACHES OF THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. Some states and jurisdictions do not allow the disclaimer of warranties or limitations on how long an implied warranty lasts, so the above disclaimer and limitation may not apply to you. Limits on our liability
UNDER NO CIRCUMSTANCES SHALL PRONTO, OR ITS PARENT COMPANY, OR ANY OF ITS AFFILIATE COMPANIES, OR ANYONE WORKING FOR, OR ON BEHALF OF, PRONTO, OR ITS PARENT COMPANY, OR ANY OF ITS AFFILIATE COMPANIES, BE LIABLE TO YOU FOR ANY COST OF PROCUREMENT OF ANY GOODS OR SERVICES NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN ANY CASE ARISING OUT OF OR RELATING TO THIS EULA OR THE PRONTO SHOPPING HELPER SOFTWARE OR THE INFORMATION PROVIDED THROUGH THE SOFTWARE, NO MATTER WHAT THE CLAIM IS BASED ON AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or jurisdictions do not allow us to limit our liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnification - The circumstances that you agree to pay for our legal fees, costs and damages
You agree that if you use the Software or any information gathered through the Software in a manner that violates this EULA or harms another person or company, or causes another person or company to seek any loss, damage, claim or demand against us or our parent or affiliated companies, then you agree to pay for any costs, fees or damages we incur related to that loss, damage, claim or demand. You agree that we may choose, at our own expense, to take control of the exclusive defense of any matter, but doing so shall not excuse your indemnity obligations.
Termination by Pronto
You agree that we may modify or terminate your use of the Software at any time, for any reason or for no reason, and without notice or liability to you or any third party. In the event of any termination by us, you agree that this EULA shall continue in force.
Removal of the Software by you
You may stop using the Software, turn off the Software or completely remove the Software from your computer at any time, for any reason or for no reason, and without notice or liability to us or any third party. If you stop using the Software in any way, you agree that this EULA shall continue in force.
Miscellaneous
Export Controls
You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge and agree that none of the Software or underlying technology (or any product thereof) may be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iran, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; (c) to any prohibited country, person, end-user or entity specified by United States export laws or (d) otherwise without all necessary United States export licenses and compliance with United States and other export laws.
Governing Law.
This EULA and the Shopping Helper Privacy Policy shall be governed by and construed in accordance with, the laws of the State of New York, without regard to that state's conflict of law provisions. The state and federal courts in and for New York County, New York shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this EULA or the Shopping Helper Privacy Policy. The United Nations Convention on Contracts for the Sale of Goods does not apply to this EULA or the Shopping Helper Privacy Policy.
Entire Agreement.
This EULA, as may be modified or updated from time to time as described above, is the entire understanding and agreement between you and Pronto with respect to your use of the Software. If any section or paragraph in this EULA is found to be invalid, illegal, or unenforceable, then you agree that the Agreement shall then be interpreted as if that section or paragraph was removed and the rest of the EULA remained in effect and in place.
© Copyright 2008-2010 by Pronto, Inc.