DYNAMITE DEALS FIREFOX ADD-ON TERMS OF SERVICE AND SOFTWARE END-USER LICENSE AGREEMENT

DYNAMITE DEALS FIREFOX ADD-ON TERMS OF SERVICE AND SOFTWARE END-USER LICENSE AGREEMENT Version 1.2

This document was last updated on April 9, 2010. You may view the most current version of this document at http://www.dynamitedeals.com/download/eula/firefox.html

Dynamite Data cares about your privacy. We do not collect or save your personal information. You may view the most current version of our privacy policy at http://www.dynamitedata.com/privacypolicy.php.

1. ACCEPTANCE OF TERMS. The accompanying executable code version of the Dynamite Deals Firefox Add-on and related documentation (the ”DD Add-on” is made available to you by Dynamite Data LLC (“Dynamite Data”) under the terms of this Dynamite Deals Firefox Add-on Terms of Service and Software End-User License Agreement (The "Agreement"). BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE DD ADD-ON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE DD ADD-ON. This Agreement will also govern any software upgrades provided by Dynamite Data that replace and/or supplement the original DD Add-on, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. Your use of the Add-on is expressly subject to the terms of the Dynamite Data Privacy Policy.

2. LICENSE GRANT AND USE. Dynamite Data LLC (Dynamite Data) grants to you a non-exclusive license to use the executable code version of the DD Add-on, at your own risk for any legal purpose. The DD Add-on is provided to you "as is," and without warranty. Pricing data shown by Dynamite Deals is gathered continuously from openly available sources on the internet. We cannot and do not independently validate the millions of prices and products shown by sellers on their active web pages. Sometimes sellers misstate actual prices for specific products on their web pages and other times sellers change their prices in the short gaps between the times when our search engines check their price data and report to you and the time you actually attempt to buy from them. As such, it is possible that the actual price charged by a seller for a particular product at an instant in time could vary from the price reported to you by Dynamite Deals.

3. TERMINATION. If you breach this Agreement your right to use the DD Add-on will terminate immediately and without notice, but all provisions of this Agreement except the license grant in Paragraph 2.will survive termination and continue in effect. Upon termination, you must uninstall and destroy all copies of the DD Add-on in your possession or control.

4. PROPRIETARY RIGHTS. Portions of the DD Add-on are available in source code form under the terms of the Dynamite Data Public License and other open source licenses (collectively “Open Source Licenses”) at http://www.DynamiteData.com. Nothing in this Agreement shall be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing: (a) Dynamite Data reserves all rights to software included in the DD Add-on, which is only licensed to you for your personal, non-commercial use; and (b) all rights, title, and interest in and to the DD Add-on and accompanying documentation, in whole or in part and all copies and derivative works thereof, are and will remain the sole and exclusive property of Dynamite Data; and (c) Dynamite Data, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the DD Add-on, except for the use rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the DD Add-on. This license does not grant you any right to use the trademarks, service marks or logos of Dynamite Data or its licensors.

5. DISCLAIMER OF WARRANTY. THE DD ADD-ON IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, DYNAMITE DATA AND DYNAMITE DATA'S DISTRIBUTORS, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU BEAR THE ENTIRE RISK REGARDING THE SELECTION OF THE DD ADD-ON AS TO ITS QUALITY AND PERFORMANCE AND THE SUITABILITY OF THE DD ADD-ON FOR YOUR PURPOSES. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

6. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, DYNAMITE DATA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "DYNAMITE DATA GROUP") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DD ADD-ON, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE DYNAMITE DATA GROUP'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

7. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the DD ADD-ON and its use.

8. U.S. GOVERNMENT END-USERS. The DD Add-on is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the DD Add-on with only those rights as set forth herein.

9. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Dynamite Data and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Dynamite Data. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; and Dynamite Data LLC may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.