End User License Agreement

END USER LICENSE AGREEMENT

1. General. THIS END USER LICENSE AGREEMENT GOVERNS THE USE OF THE VALASSIS COUPON PRINT DRIVER  (THE “SOFTWARE”), AVAILABLE FOR DOWNLOAD ON THE WWW.REDPLUM.COM WEBSITE (THE “WEBSITE”), WHICH SOFTWARE IS DEVELOPED, MAINTAINED AND OPERATED BY VALASSIS INTERACTIVE, INC. (“VALASSIS”).  VALASSIS AGREES TO GRANT YOU A LIMITED LICENSE TO DOWNLOAD, INSTALL AND USE THE SOFTWARE SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS HEREIN AS WELL AS THE WEBSITE Privacy Policy and Terms of Use (COLLECTIVELY REFERRED TO HEREIN AS THE “END USER LICENSE AGREEMENT” OR “EULA”).  PLEASE READ THIS EULA CAREFULLY.  BY DOWNLOADING OR USING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD OR USE THE SOFTWARE.  

The Software contains certain technologies that assist in managing the overall distribution and security of coupons, offers and promotions (“Offers”) made available, directly and indirectly, by Valassis and its affiliates.  By downloading the Software, you agree to its installation on your personal computer or similar device.  Valassis does not guarantee that the Software is compatible with your Internet browser or computer system.

 

2.  Software License; Use Restrictions.  Subject to the terms and conditions of this EULA, Valassis grants you a limited, non-exclusive, non-sublicenseable, non-transferable license to download, install and use one copy of the selected version of the Software (including all images, text, graphics, or audio or video materials incorporated therein) solely for your personal non-commercial use in connection with the purposes permitted under this EULA. All rights not expressly granted to you hereunder are reserved by Valassis.

You may use the Software to print Offers solely for your personal non-commercial use. Any other reproduction, transmission, photocopying, display or editing of Offers you have printed using the Software without the express written permission of Valassis is strictly prohibited.  You may not make the functionality of your licensed copy of the Software available to multiple users through any means, including, but not limited to, by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of service. The Software contains certain authentication and print control technologies that will be installed when you install the Software, and You agree to not interfere with or circumvent such residual technologies, nor engage or allow any entity or person to do so. 

You may not:

  • copy or reproduce the Software, except that you may make a reasonable number of copies of the Software solely for backup purposes; 
  • modify, decompile, reverse engineer, or create derivative works of the Software;
  • probe, scan or test the vulnerability of the Software or any systems or network connected to the Software, nor breach the security or authentication measures of the Software or any network connected to the Software; 
  • attempt to gain unauthorized access to any portion or feature of the Software, any other systems or networks connected to the Software, to any Valassis server, or any of the services offered on or through the Software, by hacking, password "mining" or any other illegitimate means; 
  • exploit the Software or any service or information made available through the Software, in any way where the purpose is to reveal any information, including but not limited to, personal identification or information;  
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Software or Valassis' systems or networks, or any systems or networks connected to the Software or to Valassis;  
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Software or any transaction being performed using the Software, or with any other person's use of the Software;  
  • pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, in connection with your use of the Software; or
  • use the Software for any purpose that is unlawful or prohibited by this EULA, or to solicit the performance of any illegal activity or other activity which infringes the rights of Valassis or others. 

You acknowledge that your failure to abide by these terms may subject you to civil and criminal liability.

3. Proprietary Rights.   The Software, including all source code, images, text, graphics, or audio or video materials incorporated therein, is licensed, not sold, to you, and all right, title and interest in the Software is and remains the exclusive property of Valassis and its licensors.  The Software is protected by trade dress, copyright, patent and/or trademark laws and various other intellectual property rights and unfair competition laws.  All third party trademarks and service marks that are used to identify the products and services of other companies are the property of their respective owners.  Except as expressly provided herein, no part of the Software may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without Valassis' express prior written consent.  You may not remove, obscure, or alter any copyright notices, trade names, trademarks, service marks, logos, other distinctive brand features or other proprietary rights notices affixed to or contained within the Software or any Offer printed using the Software.   

4. Additional Restrictions.  Offers selected for printing using the Software may be subject to additional restrictions, including expiration dates and terms and conditions of the third party vendors offering them as well as limits on the number of Offers that each consumer may print or redeem.  Please see Offer text for details. 

5. Offers and Information Made Available Through the Software.  Valassis makes an effort to keep the Offers made available for printing through the Software reliable and accurate, but does not guarantee the reliability or accuracy of any of the Offers or information available through either the Software or on any websites that may be accessed from the Software.  Valassis provides users of the Software a tool for retrieving and printing Offers and has no control over the legality of the Offers made by other companies, the ability of any of the other companies to complete the sales in accordance with the Offers or the quality of the goods and/or services offered by the other companies.  Valassis has no control over whether the other companies will honor the Offers made available through the Software and does not guarantee the accuracy or completeness of the information made available through the Software.  In the event you have a dispute with another company in any way relating to the Software or the use of Offers or information made available through the Software, you agree to waive and release Valassis from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

By making Offers available for printing through the Software, Valassis does not endorse or recommend that you make a purchase or enter a transaction of any kind nor does Valassis make any representation regarding the suitability of any particular transaction or course of action.  Any opinions, advice, statements, services, offers or other information or content made available through the Software are those of the respective authors and not of Valassis.

Valassis reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Software. 

6. Your Representations and Warranties.  By using the Software, you represent and warrant that (a) you are at least 18 years old, (b) you have read and agree to abide by this EULA, (c) you are not barred from using the Software (including any Offers printed through the Software) under the laws of the United States or other countries including the country in which you are resident or from which you use the Software (d) you have read and agree to the Website Privacy Policy and Terms of Use, (e) any information you submit to Valassis is truthful and accurate, and (f) you will not use the Software (including any Offers printed through the Software) for any unlawful purpose or in violation of any applicable law.

7. Your Obligation to Indemnify.  You agree to indemnify, defend and hold Valassis, its agents, affiliates, subsidiaries, directors, officers, employees and applicable third parties (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss and expense (including damage awards, settlement amounts, and reasonable legal fees) brought against any Indemnified Person(s) arising out of, related to, or which may arise from, your use of the Software (including any Offers printed through the Software) and/or your breach of this EULA.

8. Disclaimer of Warranties; Limitation On Liability.  Nothing in the Software shall be construed as an offer by Valassis to sell anything to you.  Any purchases you make using a Offer will be from other companies.  Please contact the applicable seller, and not Valassis, with any questions or concerns regarding their products and any orders you place with them. Valassis does not guarantee that the Software or any coupons, files, or other information available for downloading through or with the Software are free of infection from viruses or other harmful components and Valassis shall have no liability in connection with any such harmful component.  Valassis shall not be liable for any errors or delays in the Software (including any Offer) or for any actions taken in reliance thereon.  Valassis makes no promises, and shall have no liability, with respect to the reliability, accuracy, timeliness or completeness of any Offers or information made available through the Software.  All Offers are subject to change without notice.  Valassis has no control over, and shall have no liability in connection with: (a) whether an Offer complies with applicable law, (b) whether an Offer will be honored as indicated, or (c) the quality of the goods and/or services offered by third parties.

THE SOFTWARE IS MADE AVAILABLE ON AN “AS IS” AND “WHERE IS” BASIS.  YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE (INCLUDING ANY OFFER PRINTED THROUGH THE SOFTWARE).  VALASSIS, ON BEHALF OF ITSELF, ITS AFFILIATES, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) RELATED TO THE SOFTWARE, THE OFFERS OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SOFTWARE OR ANY LINKED SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH, OR AS A RESULT OF, ANY USE OF THE SOFTWARE OR VISIT TO A LINKED SITE.  VALASSIS DOES NOT WARRANT THAT THE SOFTWARE WILL BE COMPATIBLE WITH YOUR INTERNET BROWSER OR COMPUTER OR ANY THIRD PARTY HARDWARE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.  VALASSIS PROVIDES NO WARRANTY WITH RESPECT TO THE QUALITY OR ACCURACY OF BARCODE RENDERING OR ACCEPTANCE OF ANY OFFER OR COUPON PRINTED USING THE SOFTWARE.  Under no circumstances will Valassis be liable for any damages (including, but not limited to, special, incidental, consequential, indirect or punitive damages) arising out of the use of, or the inability to use, the Software (including any OFFER PRINTED through the software), or any services or products otherwise made available through the Software, even if Valassis has been advised of the possibility of such damages.  IN NO EVENT WILL VALASSIS’ AGGREGATE LIABILITY IN CONNECTION WITH THE SOFTWARE EXCEED $50, REGARDLESS OF THE CAUSE OF ACTION.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

9. Termination of Use.  Except as otherwise prohibited by law, Valassis may, in its sole discretion, terminate your account or your use of the Software at anytime, for any or no reason.  Valassis reserves the right to change, suspend or discontinue all or any aspects of the Software at any time without prior notice.

10. Software Updates.  Valassis may require you to update your version of the Software at any time. Such updates will be subject to this EULA unless accompanied by a separate license agreement.  While every effort will be made to retain your personal settings and preferences, there is still the possibility that they may be lost.  

11. Third Party Software.  The Software and any future enhancements may contain or incorporate certain third party components (“Third Party Components”), which are provided to you under terms and conditions that are different from this EULA, or which require Valassis to provide you with certain notice and/or information.   These include Advanced Installer (www.advancedinstaller.com).  Your use of each Third Party Component will also be subject to this EULA.   In addition, use of the Software requires you to download Java for Windows.  (See license terms at http://www.oracle.com/technetwork/java/javase/terms/license/index.html).  Use of the Java Commercial Features for any commercial or production purpose requires a separate license from Oracle. “Commercial Features” means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html.

VALASSIS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY COMPONENTS.  

12. Miscellaneous. This EULA shall be governed by the laws of the State of Michigan (without regard to the rules governing conflicts or choice of laws) and any action shall be initiated and maintained exclusively in a forum of competent jurisdiction in the State of Michigan.  This EULA, including the Website Privacy Policy and Terms of Use, contains the entire understanding and agreement of the parties relating to the subject matter.  In the event that any provision hereof is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect.  No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.  

13. Modifications to this EULA.  Valassis may change the EULA at any time and such changes will be effective immediately upon posting on www.redplum.com/info/end-user-license-agreement . You should check this EULA periodically because your continued use of the Software constitutes your acceptance of any modified terms and conditions.  If you do not agree to the modified terms and conditions, you should discontinue use of the Software.  You may not assign the EULA or any of your interests, rights or obligations under these terms. For questions regarding this EULA or the Website Privacy Policy and Terms of Use, please contact Valassis via email at wecare@redplum.com or write: Valassis Interactive, Inc., Attention: Print Driver Support/Digital Media Team, 19975 Victor Parkway  Livonia, MI  48152, United States.


© 2013 Valassis Interactive, Inc. All rights reserved.
Last Updated 10/11/2013