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End User License Agreement

INDIVIDUAL END USER LICENSE AGREEMENT

READ THIS AGREEMENT CAREFULLY BEFORE YOU DOWNLOAD OR INSTALL THE BEFRUGAL ADD-ON.

THE TERMS AND CONDITIONS CONTAINED HEREIN CONSTITUTE A LEGAL AGREEMENT. THIS AGREEMENT (THE "AGREEMENT") CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU AND CAPITAL INTELLECT, INC. ("CAPITAL INTELLECT") WITH RESPECT TO THE TERMS AND CONDITIONS DESCRIBED HEREIN.

BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE BEFRUGAL ADD-ON (THE "SOFTWARE"), YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE BEFRUGAL ADD-ON. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 6 AND 7) AND AN EXCLUSIVE REMEDY (SEE SECTIONS 6 AND 7). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. 


BeFrugal Add-On Usage and Functionality

The BeFrugal Add-On may show cash back, coupons, and deals available at a merchant website. If you click on such offers, you may be shown the appropriate BeFrugal website page with further information on the cash back, coupons or deals. You may then click on cash back, coupons or deals to earn the cash back or discount for purchases made during that browsing session. Any cash back earned will be subject to the Terms of Service of BeFrugal and corresponding merchant affiliate programs.

The BeFrugal Add-On may cause an information bar to appear when you visit a merchant website, and may notify you that the merchant website has cash back, coupons, or deals available via the BeFrugal Add-On. If you click on the information bar, you may be taken to the merchant website. If the information bar appears, you need to click on the information bar to get the cash back indicated. Any cash back earned will be subject to the Terms of Service of BeFrugal and corresponding merchant affiliate programs. Additionally, when you visit a merchant website, the BeFrugal Add-On may offer a dropdown list of coupon or promo codes as suggestions.

If you are a BeFrugal member, when you visit certain participating merchant website(s), such as by typing in the URL or by clicking on a link (including those on a search engine results page), the BeFrugal Add-On may redirect you through an affiliate network site to the merchant website, and a tracking cookie may be placed in your browser. This cookie is used to track any transaction or purchase through the merchant website and appropriately credit your BeFrugal account with cash back.

As part of the download and installation process for the BeFrugal Add-On, you may be provided with options to reset your homepage, your default search, and your new tab page. The BeFrugal Add-On may reset your homepage, and/or reset your default search, and/or reset your new tab page to Yahoo!. The Yahoo! homepage, default search, and new tab pages are subject to the Policies and Terms of Service of Yahoo!.

During your use of the BeFrugal Add-On, we may collect certain non-identifiable data in order to help us improve the coupons and other offerings we make as part of BeFrugal, and the BeFrugal Add-On. For example, we may collect information related to coupons or coupon codes used, cash back earned, and add-on features used. This data is only used to improve add-on functionality, and is only analyzed in aggregate form, and not in personally identifiable form. We do not share or sell any of this data with any third parties, unless compelled by applicable law, or regulation.


1.  License Grant. Capital Intellect has provided this copy of its Software to you (the "Licensee") subject to the terms and conditions of this Agreement, and Capital Intellect hereby grants to you a non-exclusive, non-transferable, limited right (the "License") to use the attached copy of the Software and the accompanying documentation (the "Documentation").  This License is for personal use only and in accordance with this Agreement and only in the United States and Canada. 

2.  Term and Termination.  Your License is effective commencing on the date you downloaded it unless terminated earlier as set forth herein. The License will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. You may terminate the License at any point by destroying all copies of the Software and the Documentation. CAPITAL INTELLECT may terminate this Agreement at any time for any reason, without notice, in its sole discretion. Upon any termination, you must destroy all copies of the Software and the Documentation.  


3.  Updates. By agreeing to this license, you acknowledge that the BeFrugal Add-On includes technology that allows BeFrugal to provide updates to the software. By installing, downloading, copying, updating or otherwise implementing the BeFrugal Add-On, you specifically agree to include and accept the heretofore mentioned software and technology through which BeFrugal keeps the BeFrugal Add-On and other related programs current. This is a condition of using the BeFrugal Add-On. Note that the BeFrugal Add-On updates automatically without any additional notice to you.

4.  Ownership Rights.  The Software is protected by United States patent and copyright laws and international treaty provisions. Capital Intellect and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except the limited right to use it as expressly set forth in this Agreement. 


5.  Restrictions.  You may not rent, lease, loan, resell or otherwise transfer the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based in whole or in part upon, the Software. You may not copy the Software or Documentation except as expressly permitted in Section 1 above, and all permitted copies must contain the same proprietary notices that appear on and in the Software and Documentation. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Capital Intellect. Capital Intellect reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.

6.  Warranty and Disclaimer.

a. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITH "ALL FAULTS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPITAL INTELLECT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMIT ALL RISKS ASSOCIATED WITH THE SOFTWARE NOT WORKING AS INTENDED, OR DAMAGING ANY HARDWARE OR OTHER SOFTWARE, OR FAILURE OF THE SOFTWARE RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE OR A VIRUS. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

b. Remedy. Capital Intellect's and its affiliates' entire obligation and your exclusive remedy for any breach of the foregoing warranty shall be, at Capital Intellect's sole option, to either (a) provide you with a copy of the Software that does substantially conform to the Documentation, or (b) refund the amount you paid for the Software. Outside the United States, the replacement remedy is not available to the extent Capital Intellect is subject to restrictions under United States export control laws and regulations.

7.  Limitation of Liability.  UNDER NO CIRCUMSTANCES OR LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL CAPITAL INTELLECT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF CAPITAL INTELLECT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES OR LOSSES OF ANY NATURE. IN NO EVENT WILL CAPITAL INTELLECT BE LIABLE FOR ANY DAMAGES CAUSED TO HARDWARE OR OTHER SOFTWARE OR BY THE COMBINATION OF OUR SOFTWARE WITH ANY OTHER SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. CAPITAL INTELLECT INC AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS SOFTWARE. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. YOU SHALL FILE ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE BEFRUGAL.COM ADD-ON WITHIN ONE (l) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

8.  United States Government.  The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. 

9.  Export Controls. Export of the Software may be subject to compliance with the rules and regulations promulgated from time to time by the Bureau of Export Administration, United States Department of Commerce, which restrict the export and re-export of certain products and technical data. If the export of the Software is controlled under such rules and regulations, then the Software shall not be exported or re-exported, directly or indirectly, (a) without all export or re-export licenses and United States or other governmental approvals required by any applicable laws, or (b) in violation of any applicable prohibition against the export or re-export of any part of the Software. Some countries have restrictions on the use of encryption within their borders, or the import or export of encryption even if for only temporary personal or business use. You acknowledge that the implementation and enforcement of these laws is not always consistent as to specific countries. Although the following countries are not an exhaustive list there may exist restrictions on the exportation to, or importation of, encryption by: Belgium, China (including Hong Kong), France, India, Indonesia, Israel, Russia, Saudi Arabia, Singapore, and South Korea. You acknowledge it is your ultimate responsibility to comply with any and all government export and other applicable laws and that Capital Intellect has no further responsibility after the initial license to you within the original country of sale.

In addition, neither the Software nor the Documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By downloading or using the Software you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

10.  Miscellaneous. This Agreement is governed by the laws of the Commonwealth of Massachusetts, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Software and, together with the Master Agreement, is the entire agreement between Capital Intellect and the Licensee and supersedes any other prior or contemporaneous agreements or communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Capital Intellect. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Capital Intellect or a duly authorized representative of Capital Intellect. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.

11.  Capital Intellect Customer Contact.  If you have any questions concerning these terms and conditions, or if you would like to contact Capital Intellect for any other reason, please write: Capital Intellect Inc., PO Box 51607, Boston, Massachusetts 02205.

12. Uninstall instructions
	a. Uninstall Instructions for Chrome: 
		To the right of your address bar, look for the extension's icon. Right-click the icon and select Remove from Chrome.
		If you don't see the extension's icon:
		1. On your computer, open Chrome.
		2. At the top-right of the browser window, click on the "More" menu (looks like three dots) > More tools > Extensions.
		3. Under the extension you want to remove, click Remove.
		4. Confirm by clicking Remove.

	b. Uninstall Instructions for Firefox:
		1. Click the Menu button (three horizontal lines), click on the "Add-ons and themes" and select "Extensions" on the left-side navigation panel.
		2. Scroll through the list of extensions.
		3. Click the Ellipsis (three dots) icon for the extension you wish to remove and select Remove.

	d. Uninstall Instructions for Edge:
		1. In Microsoft Edge, right-click the extension icon at the top-right of the browser, then select "Remove from Microsoft Edge" > Remove.
		or
		2. At the top-right of the browser window, click on the Menu (three dots) icon> Extensions, and then select "Remove" under the extension you want to remove. Select "Remove" again to confirm.
		
	e. Uninstall Instructions for Safari:
		Choose Safari > Preferences, then click Extensions.
		1. To turn off an extension, un-check its checkbox.
		2. To uninstall an extension, highlight the extension on the left side of the Preferences dialog and click on the Uninstall button. 	

If you understand and accept the terms and conditions of this Agreement on behalf of you, click the "I ACCEPT" button below.  If you either do not understand or do not accept the terms and conditions of this Agreement on behalf of you, click the '"I DO NOT ACCEPT" button below and installation will terminate.

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