InstallPath Install Manager EULA - End User License Agreement
Last updated on January 1, 2014
ATTENTION PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE, USING THE INSTALLPATH INSTALL MANAGER AND DOWNLOADING ANY CONTENT. IF YOU USE THE SITE, THE INSTALLPATH INSTALL MANAGER OR DOWNLOAD CONTENT, OR ANY PORTION THEREOF, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND IRREVOCABLY AGREE TO, AND ACCEPT UPON YOURSELF, EACH OF THE FOLLOWING TERMS AND CONDITIONS.
Content includes, but is not limited to, any digital content or software that we own, or our Partners own, including the InstallPath Install Manager software, including any subsequent Update thereto, the Software Version Updater software and Updates.
We, Us and Our refers to Amonetize Ltd. and its subsidiaries.
You and Your refer to each user and his or her agents.
This is a legally binding contract between you and Amonetize Ltd. By downloading, installing, copying, running, or using the InstallPath Install Manager, screensavers, clipart, wallpaper, games, digital content or other software (collectively “Content”) available via our InstallPath Install Manager and other websites that post a link to this agreement (collectively the “Sites”), you are agreeing to be bound by the terms of this Agreement as well to our Privacy Policy which is posted separately at http://www.installpath.com/privacy.html. If you do not agree to our terms, you must navigate away from our Sites and InstallPath Install Manager, you may not download the Content or cease its downloading in case it has been started, and you must destroy any copies of the Content in your possession or control (all such actions shall be jointly referred to as “Separation Activities”).
We do not control, endorse, or guarantee content, including software, data or other information found on any Site. You agree that we are not responsible for any content, associated links, resources, or services associated with a Site. You further agree that we shall not be liable for any loss or damage of any sort associated with your use of the Content.
YOU HEREBY WAIVE ANY RIGHTS OR DEMANDS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.
If you are under 18, you must have your parent or guardian’s permission before you use our Sites, InstallPath Install Manager or download Content. In an effort to comply with the Children’s Online Privacy Protection Act, we will not knowingly collect personally identifiable information from children under the age of 18.
This Agreement may be modified by us from time to time. Your continued use of the Services following such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. Thus is it recommended that you review this Agreement periodically. If during your periodic review you find out that you do not agree to any modification(s) made by us to this Agreement you should execute the Separation Activities, otherwise you will be considered as accepting any said modification(s).
Services are each of the following: the InstallPath Install Manager, Modules, Contents, Sites, and any related features, updates, functionalities, products, services, software, programs or promotions provided by us or our Partners.
1. The Download and Installation Process
Your download and software installation is managed by an InstallPath Install manager. The InstallPath install manager will perform the following activities: (i) downloads the files necessary to install your software; and (ii) scans your computer for specific files and registry settings to ensure software compatibility with your operating system and other software installed on your computer. Once the InstallPath Install Manager is used, you will be presented with a welcome screen, it allows you to choose to install the software or cancel out of the process. We may show you one or more e-mails, promotions, advertisements contests and third-party software presented by us or our advertisers, or other entities with whom we have a business relationship to provide offers (the “Offers” and each an “Offer”).
You are not required to accept these offers to receive your download. We may also offer to: (i) change your browser’s homepage; (ii) change your default search provider; and (iii) install icons on your computer’s desktop, including third-party offers. Software we own and our partner’s software or digital content may include advertisements within the application. The InstallPath Install Manager is not installed to the User’s computer, and the User must manually delete the InstallPath Install Manager executable, The InstallPath Install Manager may install as part of its service a software version updater utility which will enable easier accessibility for users for future software updates and additional software related notifications, to uninstall this utility, follow the instruction in our uninstall section on the site based on your operating system and uninstall the utility named “Software Version Updater”.
User means an individual that has accessed the Sites on which we host our products or services, or used our InstallPath Install Manager.2. Delivery of Advertising & Third-Party Advertisers
By accessing the InstallPath Install Manager or our Sites and downloading the Content, you hereby grant us an irrevocable permission to install Modules on your computer and display promotional information, advertisements, and offers for third party products or services (collectively “Advertising”). The Advertising may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other digital content materials or services. The timing, frequency, placement and extent of the advertising changes are determined in our sole discretion. You further grant us an irrevocable permission to collect and use certain aggregate information in accord with our Privacy Policy.
We make no representations or warranties concerning third-party's offers or the Sites. You agree that we are not responsible or liable for any loss or damage of any sort incurred, or as the result of the delivery or display of such offers. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANYTHIRD-PARTY OR WEBSITES OR OFFERS REGARDLESS OF WHETHER THE OFFER IS HOSTED BY US. WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A THIRD PARTY. YOU ARE HOWEVER RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH THIRD PARTY’S OFFER AND READ THEIR TERMS AND CONDITION, AND THE PRIVACY POLICY.
InstallPath Install Manager is never installed on your computer so you don't need to uninstall it. To completely remove InstallPath Install Manager from your computer delete the file you downloaded (the file is usually located in your browser's downloads folder). The InstallPath Install Manager may install as part of its service the InstallPath software version updater utility which will enable easier accessibility for users for future software updates and additional software related notifications, to uninstall this utility, follow the instruction above based on your operating system and uninstall the utility named InstallPath Software Version Updater, for detailed uninstall information please visit this page: http://www.installpath.com/uninstall.html
3. Your Obligations
If you are asked for your name or any other personal information, you may not use another person’s name or misleading information on our sites and InstallPath Install Manager. You agree to use the InstallPath Install Manager, our sites and content only for lawful purposes. You agree not to take any action that might compromise the security of the Sites or the InstallPath Install Manager, render the InstallPath Install Manager or the Sites inaccessible to others or otherwise cause damage to the InstallPath Install Manager, the Sites or the Content. You agree not to use the InstallPath Install Manager or the Sites in any manner that might interfere with our or our Partner’s rights. You represent and warrant that (a) you are the owner or an authorized user of the computer that the Content is installed on, (b) you will use the InstallPath Install Manager, the content, and the sites only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations, and (c) you are at least thirteen years of age. Persons under thirteen years of age may not use the InstallPath Install Manager or the content. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the InstallPath Install Manager or the Content, except to uninstall the same as provided herein. You acknowledge sole responsibility for installing appropriate anti-virus software and other security measures on your computer.
4. Grant of License
We grant you a non-exclusive, revocable, non-sub licensable, non-transferable and non-assignable license to use the InstallPath Install Manager, for internal, non-commercial purposes and in accordance with the terms and conditions of this Agreement. Other than the rights expressly granted hereunder, no other right is granted. You agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the InstallPath Install Manager. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the InstallPath Install Manager. You may make only such copies of the InstallPath Install Manager as are reasonably necessary for your own use, and any copy made by you must bear the same copyright and other proprietary notices that appear on the copy furnished by us. Any Content on our Sites or in the InstallPath Install Manager that has its own license is subject to its own license rather than this one.
5. Term & Termination
This Agreement shall continue to be in effect perpetually, unless terminated earlier pursuant to the provisions herein. By deleting or removing the InstallPath Install Manager from your systems and/or destroying all copies thereof in your possession, you may at any time terminate this Agreement.
If you breach any term in this Agreement your right to use the Sites and Content will terminate automatically and you may be barred from using the Content & Sites. We may also terminate this license at any time without notice and cause and such unilateral termination shall not constitute any right, claim or demand against us.
6. Ownership
All rights to and in the InstallPath Install Manager or Content (including all components, copies, documentation, translations, enhancements, improvements or other modifications made to or derived thereof), including, but not limited to, copyrights, patents, trademarks, trade secret rights and any other applicable intellectual property right will at all times remain exclusively with the original owner, regardless of who may be deemed the owner of the tangible media on which the InstallPath Install Manager or the Content is copied, encoded or otherwise fixed. Except as expressly provided in this Agreement, You are not granted any rights to the InstallPath Install Manager or the Content. You hereby agree to assign and do assign to the original owner any modifications or derivative works of the InstallPath Install Manager or Content made by you in contravention of the limitations included in this Agreement.
7. Disclaimer of Warranties
WE PROVIDE THE INSTALLPATH INSTALL MANAGER AND ALL CONTENT “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER. THE INSTALLPATH INSTALL MANAGER, CONTENTS AND ALL SITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
8. Limitations of Liability & Exclusive Remedy
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00).
THE SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT WE, THE SITES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE INSTALLPATH INSTALL MANAGER, SITES OR CONTENT. YOUR SOLE AND EXCLUSIVE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE USE OF SUCH SOFTWARE.
IF YOU ARE LOCATED IN A JURISDICTIONS THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAN THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Waiver of Claims and Indemnification
By accessing or using our InstallPath Install Manager or Sites or downloading Content, you irrevocably forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us our subsidiaries, officers, directors, attorneys employees and licensors (each an “Indemnified Party”), harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject that arise out of, or relate to: (i) your use or inability to use the InstallPath Install Manager and the Content; (ii) any violation of this Agreement or the license agreement or privacy policy governing any third party software or digital content; (iii) Your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right; or (iv) any gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including without limitation attorneys’ fees incurred in connection with investigating, defending or settling any claim or loss.
12. Copyright Policy
InstallPath.com respects the rights of copyright holders. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:
contact@InstallPath.com
To be effective, notifications must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of works or materials being infringed; (iii) identification of the content that is claim to be infringing including, information regarding that location of the content that the copyright owner seeks to have removed, with sufficient detail so that InstallPath.com is capable of finding and verifying its existence; (iv) contact information about the notifying party including address, telephone number and email address; (v) a statement that the notifying party has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a complete and proper notice of claimed copyright infringement is received by InstallPath.com, it is InstallPath.com’s policy to: (i) remove or disable access to the content on InstallPath.com’s websites, InstallPath Install Manager or Content directories; and (ii) block a user who has posted infringing content two or more times from posting any further content.
13. Miscellaneous.
These terms constitute the complete and exclusive agreement between you, or the organization on whose behalf you are installing the InstallPath Install Manager and us, and supersedes any previous proposal, agreement or any other communication, oral or written, relating to the subject matter of this Agreement.
Enforcement, Choice of Law, Choice of Forum
Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Israel without respect to its choice of law provisions. Any action between the parties will be conducted exclusively in Tel Aviv, Israel. You irrevocably and exclusively submit to the Tel Aviv, Israeli court any dispute related to this Agreement, the termination thereof or the InstallPath Install Manager.
You hereby waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
No Modifications or Waiver
This Agreement may not be modified or amended except by a separate writing, signed by both you and us. The failure by us at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement.
Effect of Agreement, Survival of Terms
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
Electronic Form
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Questions or Additional Information
If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at: contact@InstallPath.com.
