LICENSE AGREEMENT FOR THE LOLLIPOP SOFTWARE
USE OF THIS SOFTWARE: THIS LICENSE AGREEMENT FOR LOLLIPOP (“LICENSE AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND LOLLIPOP NETWORK, S.L. (“PROVIDER”) FOR THE LOLLIPOP SOFTWARE (“SOFTWARE”). BY INSTALLING THE SOFTWARE (AS DESCRIBED BELOW), COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS END-USER LICENSE AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
1.1. By way of this Software, the User shall receive deals, promotions and special discounts in a browser window. By downloading this application free of charge, the User will also benefit from a selection of the Internet’s best deals in banner/pop-under/pop-up/site-under format.
These Conditions govern the use of the Software and the Content by the User, as described herein, and constitute a license agreement between Provider and the User who indicates that they understand and agree to these Conditions and consents to the downloading and the operation of the Software on their computer.
1.2. User agrees to use and/or access the Software and its Content in accordance with these Terms and Conditions (including the Software License herein), the relevant applicable conditions for the use of specific Content or services, applicable law and accepted principles and practices, indemnifying Provider and any third parties for any loss or damage that may be caused by User as a result of breaching these obligations.
2. PERSONAL DATA PROCESSING
3. SOFTWARE LICENSE, HOMEPAGE MODIFICATION AND AUTOMATIC UPDATES
3.1. In accordance with these Terms and Conditions, Provider grants use of the Software known as “Lollipop”. The Software allows the User to receive deals, promotions and advertisements. The User accepts that the Software is automatically updated every time the User connects to the Internet, and will therefore have the latest version at al times, which includes all the necessary security updates. By downloading the Software, the User accepts that this may change their browser settings (home page, tab windows, among others).
3.2. The Software is a system supplying relevant advertising content which displays advertising messages or other information from Provider or third parties (with whom Provider has entered into agreements) on the User’s screen. The User authorises the actions performed by the Software as described herein, as well as the presentation of the aforementioned advertising or informative messages. The User accepts that Provider is not responsible for third-party advertising messages or information displayed by the Software when a new window opens. Therefore, Provider does not accept responsibility and/or liability for the advertising messages or information displayed and accepts no liability related thereto.
3.3. Uninstalling Lollipop: The User can uninstall the software at any time, using the standard uninstall procedures provided by the computer’s operating system. By way of example, users employing the Microsoft Windows operating system may uninstall the software by accessing the Control Panel >Add/Remove Programmes, selecting from the list of installed applications, clicking on the button Change/Remove and following the instructions described.
3.4. In order to perform the actions described in the previous sections, the Software sends certain data from the User’s computer to Provider’s servers and receives information and requests for this purpose from Provider’s servers. The data sent by the Software to Provider’s servers is limited to technical information and details regarding the connection: country of connection, default browser country, operating system version, packages of the installed operating system or browser service, vertical and horizontal screen resolution, IP address of the most recent Internet connection and other details or relevant information such as the User’s browsing context (topics consulted on the Internet), processed for the sole purpose of providing proper use and access to the Website, as well as the smooth operation and proper functionalities of the Software. At no point shall the User’s personal information or their other activities be sent; such information is processed on the User’s computer for the sole purpose of anonymously selecting advertising messages or other messages to display to the User. Under no circumstances may Provider identify the User or create a User profile.
When the User is connected to the Internet, the Software connects regularly to Provider’s servers to verify there are no problems accessing the network or the User’s computer. If an error is detected which prevents the Software’s proper running on the User’s computer, the Software will endeavour to detect the type of problem and repair it. Any changes made by the Software on the User’s computer will be carried out in parts that are clearly not essential and for the purposes set forth in these Terms and Conditions. The User requests and authorises the installation and updating of the Software, as well as accepts the terms outlined herein. The Software performs the actions described in these Terms and Conditions only when the User is connected to the Internet, whether using the Software or during an ordinary Internet connection.
3.5. Subject to the User’s acceptance and continued compliance with these Terms and Conditions, Provider hereby grants the User a “Free Version of the License”, which is a worldwide, royalty-free, non-exclusive, non-sub licensable, non-assignable license, limited to the duration of these Terms and Conditions, exclusively for using the Software (hereinafter “License”) as described herein.
3.6. This License is valid to the extent that any computer on which the Software is used is located in the territory where Provider offers its Content. If the User does not live or is not normally a resident in a territory in which the Provider expressly offers its Content, the User must not install or use the Software.
3.7. This License is granted for the User’s private use only. No User or any other person may modify, manipulate, transform, copy or reproduce in any non-transitory form, publish, disclose, extract, imitate, create derived concepts, decompile, decode, reverse engineer, transfer, transmit, rent out, distribute, license, sublicense, sell or otherwise deal with the Software or any of the rights granted under this License except with the express written authorization of Provider. In any case, it is forbidden to circumvent, delete or manipulate the copyright, digital fingerprints, watermarks or other technical protection devices or data identifying Provider’s or its licensors’ rights in the Software.
3.8. Provider bears no responsibility and/or makes no warranty that the Software will meet the User’s requirements or expectations or that the operation of the Software, information provided or connection to any content or the Internet will be uninterrupted or error-free.
4. USER WARRANTIES AND OBLIGATIONS
The User undertakes, warrants, and accepts that:
i. The User is a person of legal age in accordance with the laws of the place of connection, and/or effectively has the supervision of an adult to use and/or access the Software and the Content.
ii. The User has read and accepts all the technical requirements necessary for installing and running the Software.
iii. Usage restrictions: The User accepts not to use the Software: (i) for uses other than personal or private use; (ii) to defame, insult, disparage, attack, threaten or in any other way infringe any right of any other user or any other person; (iii) to communicate, process or use in any other manner any information or content which infringes the rights of others, for example, because it is defamatory, aggressive, obscene, pornographic, offensive, violent or likely to incite racist or xenophobic violence, or is illegal in any way, or because it is in breach of intellectual or industrial property rights, including any patents, trademarks, trade names, image rights, or privacy rights.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
Copyright © LOLLIPOP NETWORK, S.L.All rights reserved. The Software is the exclusive property of Provider. Provider reserves all rights over the Software, and only authorises its access and use as expressly permitted under these Terms and Conditions.
The License Agreement granted hereunder does not grant any ownership or right other than the use of the Software.
6. TERM, SUSPENSION AND TERMINATION
Provider reserves the right to suspend, restrict, modify the use and/or the access to or update the Software unilaterally, at any time and without prior notice. Likewise, Provider reserves the right to terminate access to the Software unilaterally, at any time and without prior notice should Provider consider, at its own discretion, that the User has breached these Terms and Conditions or any applicable law or regulatory provision, or if the service is interrupted for business reasons. Provider will not be liable for any loss or damage resulting from the adoption of such measures.
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8. FURTHER CONSIDERATIONS
8.1. The User acknowledges and accepts that this agreement shall be governed by Spanish law and any disputes will be resolved in the Courts of Barcelona, with the exception of those cases in which a legal provision establishes another jurisdiction in favour of the User. If any of the clauses included in this agreement were declared fully or partially invalid or ineffective, such provision will be ineffective only to the extent of such invalidity or ineffectiveness, without invalidating the remainder of this agreement.
Entirety of the agreement. The User accepts that this Agreement constitutes the entire Agreement between them and the Provider.
Reservation of rights. Any rights not expressly granted herein are reserved by the Provider.