InstallPath Install Manager Terms of Service
Introduction
Last updated on January 1, 2014
These Terms of Service constitute a binding agreement between Amonetize Ltd. ("Amonetize", "We" or "Us", “InstallPath”, “InstallPath.com”, “InstallPath Install Manager”), and you, a natural person or a person acting on behalf of a corporation ("You" or "Yourself").
If you wish to know more about how we collect information and process it, please check our privacy policy.
What exactly is InstallPath Install Manager?
InstallPath Install Manager is a delivery and installation platform ("InstallPath") which performs and optimizes the installation of digital content and software applications developed and/or published by digital content creators or independent software vendors ("ISV's"). During installation we may offer you to install additional software (the "Offers" or "Additional Software"), developed and/or published by other ISVs. In addition, we may offer you to change your home page or your default search provider. You may decline any of our offers, including The Offers, and may decide to cancel the installation. As part of your installation of the InstallPath you hereby irrevocably agree that as long as the InstallPath is installed on your computer, We will install on your computer, at our sole discretion, updates to the ApprovedOffers (“Updates”) and additional modules for the InstallPath(“Modules”), which shall be integral part of, and be deemed, theInstallPath for all matters and purposes of these Terms of Service and any other document included in Our website related to the InstallPath.We will offer you Additional Software and provide you with third party advertisements through the InstallPath and the Modules
Please note that only Offers which received your prior permission and consent (through opt-in or opt-out mechanism, as determined solely by us) shall be installed on your computer (The "Approved Offers").
For the avoidance of doubt, these Terms of Service govern your relationship with us alone, and NOT with any ISV. Accordingly, these Terms of Use govern your use of InstallPath Install Manager alone, and not your use of the Software and/or The Approved Offers.
For information regarding ISVs which developed and/or published the Software and/or Approved Offers and your contractual rights and obligations with these ISVs please refer to the Software's and the Approved Offers' Terms of Service and/or their respective End User License Agreements.
In the event InstallPath Install Manager is used to manage the installation of software developed and/or published by us and/or where we use InstallPath Install Manager to offer you to install additional software developed and/or published by us, the following provisions of The Software's and/or The relevant additional terms of service shall be in effect, where in case where those provisions contradict or cannot be settled with these Term of Service, these Terms shall prevail.
Consent
By using InstallPath Install Manager you understand, acknowledge, agree and give your consent to the terms of this agreement. IF YOU DO NOT AGREE TO THIS AGREEMENT OR TO ANY PART THEREOF, YOU MAY NOT AND SHOULD NOT USE the InstallPath Install Manager or immediately cease the use thereof.
By using InstallPath Install Manager, you hereby warrant that You are eligible to enter into these Terms of Service and were not prohibited by any authorized authority, judicial order or law into entering in any agreement; You are over 18 years of age or obtained consent to enter into these Terms of Service from your parent or guardian; You do not reside in a proscribed state and are not a member of any proscribed organization and have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms of Service.
Grant of License and Limitation of Use
Subject to the terms and conditions of these Terms of Services, we grants you a limited, personal, non-assignable and non-exclusive license to use the Service provided by the InstallPath Install Manager to you in accordance with the terms and conditions of this Agreement. Other than the rights expressly granted hereunder, no other right is granted. You may not use InstallPath Install Manager if you are under 18 years of age or if you are not the owner or approved administrator of the computer on which you activated InstallPath Install Manager.
You may not (and may not permit anyone else to: (a) make any illegal use of InstallPath Install Manager, including by using InstallPath Install Manager to install pirated, stolen or unlicensed software or any sort of malware; (b) use InstallPath Install Manager to install the Software and/or Approved Offers in the background or remotely; (c) duplicate, copy, distribute, alter, modify, reverse engineer, automatically gather information (using bots, crawlers, spiders, sifters etc.), rip, test, pen-test, monitor or upload any sort of malware into InstallPath Install Manager or any part thereof; (d) "mirror" the InstallPath Install Manager or any part thereof on any other serve; or (e) damage, interfere, disrupt or harm Amonetize, InstallPath, or any ISV in any way.
This license shall automatically terminate if You violate any of these restrictions and may be terminated by Us at any time. Upon the termination of this license, you must destroy any downloaded materials which are the subject of this license in your possession whether in electronic or printed format.
After initiating the installation process You may not stop InstallPath Install Manager's operation, except with the designated 'cancel' button, furthermore, We may disable your ability to do so in certain stages of the installation. Please note that by stopping the InstallPath Install Manager operation in certain stages of the installation, not through the designated 'cancel' button may result in damage to your computer, for which we shall not be responsible.
Without limiting any other provision in these Terms of Service, You may not use the InstallPath Install Manager or Approved Offers to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities
- Link to the InstallPath Install Manager or Approved Offers from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable
- Frame or display the InstallPath Install Manager or Approved Offers in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Us and any third party
- Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices
- Transmit files that contain viruses, spyware, adware, or other harmful code
- Advertise or promote goods or services without our permission (including, without limitation, by sending spam)
- Interfere with others using the InstallPath Install Manager or otherwise disrupt the InstallPath Install Manager
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and Us
- Engage in unauthorized spidering, "scraping," or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit or Intellectual Property
InstallPath Install Manager, its design and layout, any texts presented during the installation process which relates to Us and/or InstallPath Install Manager, including, without limitation, our logos and trade and service marks and any related rights, all whether registered or not, and any improvement, enhancement or modification to the foregoing are our intellectual property. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on InstallPath Install Manager and its related services.
We have no rights and can grant no rights in respect to the Software and/or Offers and any design and layout which relates to such software.
Nothing in these Terms of Use shall be construed as granting or relinquishing any right or interest in InstallPath Install Manager and its related services to you or to any third party.
Confidential Information
The term "Confidential Information" means any information of or relating to Amonetize or the InstallPath Install Manager including any of its Modules that becomes known to You through disclosure, observation or otherwise, and that either is designated as confidential by Amonetize or that is not generally known or readily ascertainable to the public, including, without limitation, nonpublic information regarding Our products, services, programs, features, data, techniques, technology, code, ideas, inventions, research, testing, methods, procedures, know-how, trade secrets, business and financial information and other activities. All Confidential Information remains the property of Amonetize, and no license or other right in or to any Confidential Information is granted hereby. You will not disclose any Confidential Information to any third party, and will take all reasonable precautions to prevent its unauthorized dissemination. You will not use any Confidential Information for the benefit of anyone other than Amonetize. Upon our written request, you will destroy or return to Us all Confidential Information in your custody or control. In addition to the terms of this provision, You and Amonetize will continue to be subject to any nondisclosure agreement that you and Amonetize have entered into separately. This provision will survive any expiration or termination of these Terms of Service.
Indemnification
You will defend, indemnify, and hold harmless Amonetize, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the "Amonetize’s Parties") with respect to all claims, costs (including attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the InstallPath Install Manager or Approved Offers (including, without limitation use of your account, whether or not authorized by you). We retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases You agree to cooperate with Us to defend such claim. You may not settle any claim covered by this Section without Our prior written approval.
Changes to your Computer
You hereby grant InstallPath Install Manager permission to install the Software and the Approved Offers, Updates and Modules including collateral software required to execute such software, as determined by Us or the relevant ISV, as applicable.
You acknowledge that software installation often required registry changes, as determined by the relevant software developer as well as access to the Internet, which shall be made at your sole expense.
We take special efforts to protect against abusive or unauthorized usage of our installation process. In order to protect from potentially malicious activities, we require certification and digital signature of software applications code and may use encryption, decoding or additional methods to prevent reverse engineering and abuse of the InstallPath Install Manager platform.
In addition and without derogating from the aforesaid we reserve the right to install update notification software on your computer, which may initiate updates from time to time.
Installation that was initiated but was interrupted and/or canceled before completion may result in residual data and/or software remaining on your computer which can be removed manually, including a desktop application to continue installation from interruption.
Upon completion of the installation process an online landing page (such as a "Thank You Page") may be displayed via your default web browser.
Advertisements
During your use of InstallPath Install Manager and browsing of the Thank You Page or as long as the InstallPath is installed on your computer, we may present you with third party advertisements, including through the Modules. We have no control and take no responsibility for the content of these advertisements and the content to which they direct, including regarding appropriateness and information security.
Disclaimers of Warranties and Limitation on Liability
We care for your information security, and therefore have conducted several tests to verify that the Software and the Approved Offers are exactly what they claim to be and that InstallPath Install Manager is not being used in an inappropriate or illegal manner. However, such tests can only be reasonably done to some extent, and are partial by definition.
We do not warrant, endorse, guarantee or responsible for any third party, including third parties ISVs, and any party who offer digital content and/or products and/or services through InstallPath Install Manager, to the fullest extent of the law.
Nothing on the InstallPath Install Manager should be taken to constitute professional advice or a formal recommendation.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact Us immediately. We will not be responsible for any loss or damage resulting from your failure to notify Us of unauthorized use.
We, nor our subsidiaries, officers, affiliates and its licensors, are not liable for any damages resulting from your installation and/or use of the Software or the Approved Offers, Updates or any part thereof, not resulting directly from a malfunction in InstallPath Install Manager, including without limitation damages caused by any form of malware or inappropriate or illegal (including copyright infringing and spamming) content, unforeseeable damages and damages relating to commercial or infringing use, to the fullest extent of the law.
InstallPath Install Manager and any of its Modules are provided "AS-IS", "AS-AVAILABLE" and "WITH ALL FAULTS". You agree that your use of InstallPath Install Manager is at your own risk. We disclaim all warranties and representations, whether express or implied in connection with InstallPath Install Manager and your use of InstallPath Install Manager, to the fullest extent of the law, including without limitation, fitness for any particular purpose and promises of specific results.
InstallPath Install Manager is installation management software, designed for installing third party ISVs software and other digital content. For this reason we cannot warrant the success of the installation process, which may not be completed for various reasons not related with InstallPath Install Manager, including incompatible hardware or a malfunction with The Software.
Therefore, we do not warrant or guarantee, and you may not hold us, nor our subsidiaries, officers, affiliates and its licensors, responsible or liable for, any lack of, accuracy, correctness, completeness, continuity, reliability, timeliness, error-free, malware-free and security of InstallPath Install Manager, its content or any part thereof. You will be solely responsible for your use of InstallPath Install Manager and any damages to your electronic communication or computing devices.
IN NO EVENT SHALL OUR, NOR OUR SUBSIDIARIES, OFFICERS, AFFILIATES, AND LICENSORS, AGGREGATE LIABILITY FOR ANY CLAIM AND/OR DAMAGE CAUSED TO YOU OR TO ANY THIRD PARTY DUE TO THESE TERMS OF SERVICES, INCLUDING (WITHOUR LIMITATION) YOUR USE OF INSTALLPATH INSTALL MANAGER, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE U.S. DOLLARS (U.S. $1).
Moreover, InstallPath Install Manager is meant to install the digital content or Software, Approved Offers and Updates, and as such they are not covered by this Agreement, we nor our subsidiaries, officers, affiliates and its licensors, shall never be liable, to the fullest extent possible, for any damage resulting from their actions or use.
In no event will The InstallPath Install Manager be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships.
THE LIMITATIONS ON OUR LIABILITY TO YOU STATED IN THIS PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT WE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
ANY SOFTWARE OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INSTALLPATH INSTALL MANAGER SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR OTHER MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMONETIZE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Termination and Amendments:
We may terminate these terms at any time, for any reason and for no reason at all, and we may amend it from time to time, provided that such amendment shall have no retroactive effect. We may terminate our services, for you or for all our users, and may do so with or without prior notification. Such unilateral termination shall not be considered as breach of agreement, but merely exercise Our legal right hereunder, thus it shall not constitute any right, demand or claim against Us, Our officers, shareholders, employees, consultants or other representative.
Governing Law and Jurisdiction:
By using InstallPath Install Manager You agree that any action at law or in equity arising out of or relating to these the Terms of Service, the Privacy Policy and the relationship between you and Amonetize shall govern solely by and construed in accordance with the law of Israel, without regard to its principles of conflict of laws. You agree to submit exclusively to the personal and Israeli courts located in Tel Aviv, Israel, in regard to any disputes which may rise between you and Us or any of Our officers, shareholders, employees, consultants or other representative. You agree not to initiate any class action against us, and seek remedies only personally.
General:
We may assign and transfer our rights according to these Terms to any third party at our sole discretion without notice. You shall not assign your rights according to this agreement, without our prior written consent.
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Nothing in these Terms of Service shall be construed to create a partnership, joint venture or agency relationship between the parties.
If any of the terms herein are invalid, it will not affect the validity of the remaining, still valid terms of this agreement. Any omission from these Terms will be interpreted in a way that serves the ideas expressed in these Terms. In no way the interpretation of these Terms will contradict the Israeli law.
Any cause of action you might have relating to Amonetize and/or the InstallPath Install Manager is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
Failure to assert any right in regard to this Agreement on our behalf shall not constitute concession, yield or relinquishment of any sort.
The terms of this agreement may be revised from time to time at our sole discretion. The last revision will be reflected in the “Last modified by” heading above.
If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at: conatct@InstallPath.com.
