Effective Date: This Terms of Use Agreement was last updated on April 16, 2007.
This Terms of Use Agreement sets forth the standards of use of the InstallFree Online Service. By using the InstallFree website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at InstallFree website http://www.installfree.com/. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Personal and Non Commercial Use This website is for your personal, non-commercial use. You may download and copy information on this website for your own personal use as long as you maintain all copyright and other notices contained in the content. You may not download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information, products or services obtained from this website.
2. Disclaimer of Warranties. The site is provided by InstallFree on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, InstallFree makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. InstallFree shall have no liability for any interruptions in the use of this Website. InstallFree disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
3. Limitation of Liability INSTALLFREE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR INSTALLFREE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF INSTALLFREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Indemnification You agree to indemnify and hold InstallFree, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service InstallFree reserves the right to modify or discontinue the Service with or without notice to the Member. InstallFree shall not be liable to Member or any third party should InstallFree exercise its right to modify or discontinue the Service. Member acknowledges and accepts that InstallFree does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While InstallFree makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
InstallFree makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction Our website is operated and provided in the State of Connecticut. As such, we are subject to the laws of the State of Connecticut, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Connecticut.
8. Compliance with Laws Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 InstallFree.com, with all rights reserved, or is the property of InstallFree and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of InstallFree is strictly prohibited. Members agree that they will not use any spider, or other automatic device, or manual process to copy our web pages or the content contained therein without prior written permission of an authorized officer of InstallFree.
InstallFreeTM, Application PointTM, Desktop PointTM and InstallFree.comTM are proprietary marks of InstallFree Inc. InstallFree's trademarks may not be used in connection with any product or service that is not provided by InstallFree, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits InstallFree.
All other trademarks displayed on InstallFree's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with InstallFree.
10. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, InstallFree.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
InstallFree
60 Long Ridge Road. Suite 201
Stamford CT 06902
11. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by InstallFree, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.