End User License Agreement
ATTENTION PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING ANY CONTENT. IF YOU USE THE SITE OR DOWNLOAD CONTENT YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS.
If you are under 18, you must have your parent or guardian’s permission before you use our Sites 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 13.
This Agreement may be modified by us from time to time. If you breach any term in this Agreement your right to use the Sites and Content will terminate automatically.
1. The Download Process
Your download and software installation is managed by WebInstall™. WebInstall™: (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 WebInstall™ has been initiated, 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 partner software offers. You are not required to accept a software offer 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 may include advertisements within the application.
2. Delivery of Advertising
3. Your Obligations
You may not use another person’s name or information on our Sites. You agree to use the Sites and Content only for lawful purposes. You agree not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Content. You agree not to use the Sites in any manner that might interfere with our or our Partner’s rights. You represent and warrants that (a) you are the owner or an authorized user of the computer that the Content is installed on, (b) you will use 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 Content. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify 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, non-transferable and non-assignable license to use the Content within the United States of America, 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 Content. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Content. You may make only such copies of the Content 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.
This license will immediately terminate if you violate any provision of this Agreement. We may also terminate this license at any time without notice.
We own all intellectual property rights in and to the Content. This license is not a sale and does not render you the owner of a copy of the Content. Ownership of the Content and all components and copies thereof will at all times remain with us, regardless of who may be deemed the owner of the tangible media on which the Content is copied, encoded or otherwise fixed.
7. Disclaimer of Warranties
WE PROVIDE ALL CONTENT “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER. 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.
8. Exclusive Remedy
IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT.
9. Limitations of Liability
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). BY INSTALLING OR USING THE CONTENT, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
10. Third-Party Advertisers
11. Waiver of Claims and Indemnification
12. Copyright Policy
WebInstall™ 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:
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 WebInstall™ 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 WebInstall™, it is WebInstall™’s policy to: (i) remove or disable access to the content on WebInstall™’s websites or content directories; and (ii) block a user who has posted infringing content two or more times from posting any further content.
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 the United States of America and the State of Minnesota without respect to its choice of law provisions. Any action between the parties will be venued in a California state or federal court. You irrevocably submit to the personal jurisdiction in California state or federal court.
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. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
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.
Correction of Errors and Inaccuracies This Agreement, the Content, and Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Content or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.
14. Definition of Terms.
Offers include e-mail, promotions, advertisements contests and third-party software presented by our Partners and us.
Personally Identifiable Information (PII) is any information that identifies or could be used to identify, contact or locate you. It also includes your credit card number.
Partner is an advertiser, or other entity with whom we have a business relationship to provide Offers.
Content includes, but is not limited to, our screensavers, wallpapers, games, animated gifs, clip art, buddy icons, greeting cards, browser skins, fonts, desktop themes, html editors, sound effects, social networking software, storage, and calendar software.
User means an individual that has accessed the Sites on which we host our Products or Services.
We, Us and Our refers to WebInstall™ and its subsidiaries.
You and Your refer to each user and his or her agents.
15. Questions or Additional Information
If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at: [email protected].
Our Software License Agreement
End User License Agreement