End User License Agreement
End User License AgreementPLEASE READ THIS SOFTWARE UPDATER END USER LICENSE AGREEMENT CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE THE SOFTWARE (AS DEFINED BELOW). This Software Updater End User License Agreement (this 'Agreement') is a legal agreement between You (an entity or person, as applicable), and Software Updater division. ('WE' OR 'US' 'Our'), for use of Software Updater and our Website (the 'Software Updater') in accordance with the terms and subject to the conditions and limitations set forth in this Agreement.
YOU HEREBY AGREE THAT YOUR USE OF THE SOFTWARE UPDATER ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. LIMITED LICENSE.
We hereby grant you a limited, revocable, non-exclusive, non-transferable license to use the Software Updater solely for your own personal/individual use. You hereby agree not to resell or make any commercial use of the Software without our consent.
2. LIMITATIONS ON USE.
You may not modify, reverse engineer, decompile, or disassemble the Software Updater. You may not adapt, alter, modify, translate, or create derivative works of the Software Updater. You may use the Software Updater only as permitted in this Agreement. Renting, leasing, or lending of the Software Updater is prohibited. We hereby reserve all rights not expressly granted to You in this Agreement. If the Software Updater is time-limited and is not properly registered with Us or our designated agent by the date on which the original time limit expires (the 'Expiration Date'), You are not allowed to continue using the Software Updater beyond the existing Expiration Date. The Software Updater is licensed as a single product. You may not separate the components or install it on different devices.
3. PROPRIETARY RIGHTS.
Title, ownership rights, and intellectual property rights in the Software Updater shall remain with Us and/or Our licensors, if any. You acknowledge such ownership and intellectual property rights and any action to jeopardize, limit or interfere in any manner with Us or Our licensors, if any, ownership of or rights with respect to the Software Updater is prohibited. You agree that any copies of the Software Updater will contain the same proprietary notices which appear on and in the Software Updater.
We own intellectual property rights to any protectable part of the Software Updater, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Software Updater owned by Us.
4. YOUR RESPONSIBILITIES.
You agree not to use the Software Updater in order to break any applicable law, rule or regulation, and You agree to comply with regulations of the applicable law. You are responsible for providing and maintaining all equipment necessary to use the Software Updater. IF YOU ARE USING THE SOFTWARE UPDATER ON A COMPANY-PROVIDED DEVICE, YOU ARE RESPONSIBLE FOR ENSURING THAT INSTALLATION OF THE SOFTWARE UPDATER COMPORTS WITH YOUR COMPANY'S INTERNAL POLICIES. WS WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH INSTALLATION OR USE OF THE SOFTWARE UPDATER REGARDLESS TO WHICH DEVICE IT WAS INSTALLED ON, OR THE RELEVENT COMPANY POLICIES.
Should You breach this Agreement, Your right to use the Software Updater shall terminate at once and without notice. You may also terminate this Agreement by simply discontinuing use of the Software Updater, and uninstalling it. In the event of any termination of this Agreement, the restrictions on Your use of the Software Updater as set forth in Paragraph 2 ('Limitations on Use') and Paragraph 3 ('Proprietary Rights') above shall survive such termination, and You hereby agree to be bound by those terms.
7. Cancellation and Termination
8. Modification to the Software
9. DISCLAIMER OF WARRANTY
THE SOFTWARE UPDATER AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WE, OUE AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE THE SOFTWARE UPDATER AND ITS CONTENT. WE AND OUR AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SOFTWARE UPDATER, CONTENT, THE APPLICATIONS, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SOFTWARE UPDATER. NO INFORMATION OBTAINED BY YOU FROM THE SOFTWARE UPDATER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THE TERMS. WE DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SOFTWARE UPDATER WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE UPDATER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SOFTWARE UPDATER, ITS CONTENT AND THE APPLICATIONS IS AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY
You further agree that We are not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you. Furthermore, We are not responsible for claims arising from Your use of or Your breach of this Agreement, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Software Updater or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold Us harmless, Our affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Software Updater or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
12. INFORMATION RECEIVED BY YOU
You acknowledge and agree that the information you will be exposed to, or receive, or use with Us, including, but not limited to text, graphics, pictures, links, bookmarks, web sites, advertisements, products, goods, or services, is not reviewed, controlled, examined, verified or endorsed by Us in any way (even if We receive remuneration for such information) and are the sole responsibility of the person from whom such information originated. You will be solely responsible for all information that you download, upload, send or otherwise access via Our Site or the Software Updater. You will be responsible for securing adequate legal rights to store, link to, browse in, or otherwise make use of such information and for ensuring that such information complies with all applicable laws, including but not limited to, any and all proprietary rights of third parties, rules of copyright, secrecy, defamation, decency, privacy, security and export laws.
The Software Updater is not responsible for the softwares it provides for download and cannot be held liable for issues or faults that arise from the download or use of the softwares.
The Terms shall be governed and construed in accordance with the laws of the State of Israel without giving effect to the conflict of laws principles thereof. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and Us, these Terms constitute the entire agreement between You and Us with respect to the use of the Software Updater, its Content, or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with Us.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
What personal information do we collect from the people that visit our blog, website or app?
When accessing and downloading files from the site, as appropriate, we may collect information such as your IP Address, ISP, Browser, OS and other technical details to help you with your downloading experience.
When do we collect information?
Initial information is collected when you first access the site, and further information is collected when you click on the download links.
How do we use your information?
We may use the information to process your requests on the site and check for fraudulent activities.
How do we protect visitor information?
Although we only collect basic data, we use routine Virus and Malware Scanning to ensure that no one else has access to it.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly. Download might be disabled.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We may implement the following services:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
- DoubleClick Platform Integration
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users can visit our site anonymously
Users are able to change their personal information by sending us a ticket.
How does our site handle do not track signals?
We don't honour do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
We don't honour them because: We can only process downloads with Cookies
Does our site allow third party behavioural tracking?
It's also important to note that we allow third party behavioural tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via in site notification within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
To be in accordance with CANSPAM we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can and we will promptly remove you from ALL correspondence.
Last Edited on January 9th, 2017