End User License Agreement Effective: 12/06/2020
User must review this End User License Agreement ("EULA") and the General Terms and Conditions prior to downloading and installing Disco Toolbar Extension and using Disco Services. By downloading and installing Disco Toolbar Extension, the User accepts the terms and conditions of this EULA and agrees to be legally bound by them.
Disco reserves the right to update this EULA and any documents incorporated herein by reference in its sole discretion from time to time and without providing prior notice to the User by publishing the updated version on the Website. Continued use of Disco Software by the User shall be deemed to constitute acceptance of the changes.
User hereby represents and confirms that User is an individual of at least 18 years of age, acting on behalf of him/herself, resident in the United Kingdom or any country of the European Economic Area. 1. Definitions:
"Disco Toolbar Extension
" or "Software
" means the software application designed to work with the internet browser installed on User's computer and including any versions, updates, patches or other modifications as may be installed from time to time;
" means the end user of the Disco Software and Services, individual of at least 18 years of age and resident in the UK or the EEA;
" means Get Disco Ltd, a company incorporated in England and Wales with the registered address at 2 Seething Lane, 7th Floor, London, England, EC3N 4AT;
" means an online store that offers goods and/or services on its website(s) and provides Discount to Users of Disco based on the affiliate advertising program;
" means cashback in the form of instant discount on the price of the products offered by Merchants to Disco User;
" means provision of Disco Toolbar Extension (including updates, amendments, patches, and revisions as may be provided by Disco from time to time) and other services provided by Disco enabling User to receive Discount at Merchants' websites;
" means getdisco.com 2. General Provisions:
2.1. This EULA sets out the legally binding terms and conditions that govern the rights and obligations of User and Disco in connection with Disco Software.
2.2. Disco reserves the right to make changes to this EULA without prior notification to User by publishing the updated version of EULA on Disco Website. User is advised to review the latest version of EULA published on Website. Continued use of Software and Disco Services shall constitute acceptance of the changes. In case User does not wish to accept the updated EULA, User must uninstall Disco Software and all its copies from User's devices and terminate use of Software and Disco Services. 3. Grant of License:
3.1. Disco grants to User a non-exclusive, non-transferable, revocable, personal, limited license to install and use the Disco Software on the terms and conditions of this EULA for personal use only within the territory of the United Kingdom and the European Economic Area. Disco grants User the right to install and use Software on User's computer or mobile device, provided that such computer or device uses an operating system compatible with Software.
3.2. Disco may provide updates to Disco Software in its sole discretion and without prior notice to User. However, notice of material changes to Disco Software will be displayed as a notification in Disco Toolbar Extension. Any updates or modifications to Disco Software provided by Disco shall be a part of Disco Software and subject to the terms and conditions of EULA. User shall be responsible for updating Software and using the latest version of Disco Toolbar Extension.
3.3. Disco Software is protected under intellectual property laws and international treaties. Disco and/or its suppliers own all right, title and interest in and to Disco Software, including all copyrights, patents, trademarks, and other intellectual property tights therein. By downloading, installing or using Disco Software, User shall not acquire any rights to Disco Software except the limited right to use Disco Software as expressly provided for herein. All title, interest and intellectual property rights in and to the content accessed by User through Disco Software and Services is the property of the respective owner(s) and may be protected by intellectual property laws. User hereby acknowledges and accepts that downloading, installing or using Disco Software does not transfer to User any right, title or interest in and to Disco Software or intellectual property therein.
3.4. User shall not resell, lease, loan, rent or otherwise transfer Disco Software or permit any third party to benefit from Disco Software and the services provided hereunder. User shall not transfer any rights granted hereunder.
3.5. User shall not reverse engineer, decompile, or disassemble, copy, modify Disco Software, create derivative works based in whole or in part on Disco Software, or cause any third party to do the same.
5.1. This EULA shall be effective from the date of downloading of the Disco Software and until terminated by either party hereto. Upon termination for any reason, User must delete Software and all its copies from all User's devices where Software was installed.
5.2. The license granted hereunder shall be terminated immediately and without notice to User in case the User fails to comply with the provisions of this EULA.
5.3. Disco may terminate the license granted hereunder without notice at any time in its sole discretion with or without cause.
5.4. User may terminate the license by deleting Software and all its copies from all devices of the User where Software was installed. 6. Warranty ad Liability
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCO AND ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, ENJOYMENT, QUALITY AND NON-INFRINGEMENT WITH REGARD TO DISCO TOOLBAR EXTENSION. THERE ARE NO WARRANTIES NOT EXPRESSLY STATED IN THIS EULA. DISCO TOOLBAR EXTENSION IS PROVIDED "AS IS" WITH "ALL FAULTS" AND "AS AVAILABLE." THERE ARE NO WARRANTIES THAT USER'S ACCESS TO OR USE OF DISCO TOOLBAR EXTENSION OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE. ACCORDINGLY, ANY USE OF DISCO SOFTWARE IS AT USER'S OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH DISCO SOFTWARE NOT WORKING AS INTENDED, OR DAMAGING ANY HARDWARE OR OTHER SOFTWARE, OR FAILURE OF DISCO SOFTWARE RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS.
6.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISCO, ITS AFFILIATES, OR SUPPLIERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE DISCO TOOLBAR EXTENSION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, DISCO SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR OTHER SOFTWARE, OR BY THE COMBINATION OF DISCO TOOLBAR EXTENSION WITH ANY OTHER SOFTWARE.
6.3. Provisions of Clause 6.1-6.2. shall be enforceable to the maximum extent permitted by applicable law. 7. Miscellaneous:
7.1. This EULA shall be interpreted in accordance with the laws of the UK.
7.2. This EULA, and any rights and licenses granted hereunder may not be transferred or assigned by User and any attempted transfer or assignment will be invalid. Disco may assign this EULA in whole or in part, at any time, without prior notice to User.
7.3. User The terms of this EULA are in addition to the provisions of the General Terms and Conditions which User accepts and agrees to be legally bound by when User sets up Disco account and/or accesses and uses Disco Services.
7.4. User may submit any questions, notifications or complaints to Disco using Disco's contact form at https://getdisco.com/
User acknowledges that User has read and understood this EULA and agrees to be bound by its terms. This EULA represents the entire agreement between User and Disco concerning the subject matter hereof. In case User disagrees with any provision of this EULA, User must not download, install or use the Software.