This End-User License Agreement ("EULA" or "Terms") is a binding legal agreement between you (either an individual or a single entity) and XWidget for the XWidget software product identified above, which shall include computer software and may include associated media ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also shall include any updates and supplements to the original SOFTWARE PRODUCT provided to you by XWidget. In the event of a disagreement between a license agreement accompanying the software itself and this EULA, this EULA shall govern. By continuing with your installation, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. English shall be deemed the language that controls the terms of this EULA.
If you do not agree to ALL of the terms of this EULA, do not install or use the SOFTWARE PRODUCT, including evaluation versions thereof. THE SOFTWARE PRODUCT IS BY ITS NATURE A SYSTEM UTILITY AND IT MAY CAUSE IRREVERSIBLE CHANGES TO THE COMPUTER SYSTEM. THE SOFTWARE PRODUCT SHOULD BE HANDLED WITH CARE, PRECAUTION AND UNDER PROFESSIONAL GUIDANCE. YOU SHALL SOLELY BE RESPONSIBLE FOR ANY CHANGES MADE BY THE SOFTWARE PRODUCT TO YOUR COMPUTER SYSTEM. PLEASE DO NOT INSTALL OR USE THE SOFTWARE PRODUCT IF YOU DO NOT UNDERSTAND THE TERMS OF THIS EULA AND CANNOT PROPERLY INSTALL THE SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold, and hence your acquisition or purchase is that of a license.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Applications Software. You may install, use, access, display, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal or other digital electronic device ("COMPUTER").
Reservation of Rights. All rights not expressly granted herein are reserved by XWidget.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law. You may not use any portion of the SOFTWARE PRODUCT to create derivative products of any kind.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks or any intellectual property rights of XWidget.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, XWidget may terminate this EULA if you fail to comply with any of the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by XWidget. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation.
4. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by XWidget solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed material accompanying the SOFTWARE PRODUCT.
5. Third Party Content and Services on the SOFTWARE PRODUCT
The SOFTWARE PRODUCT may contain user or third party content, information, opinions and services, including but not limited to User Submissions. Such third party content, information and opinions and third party services are not endorsed in any way by SOFTWARE PRODUCT and are provided solely as a convenience to SOFTWARE PRODUCT users. In no event will SOFTWARE PRODUCT be liable for loss or damage of any kind incurred by you due to your use of or reliance on any third party content, information and opinions that are posted, uploaded or otherwise made available on the SOFTWARE PRODUCT and/or through the SOFTWARE PRODUCT Site Services or for your use of any third party services made available through the SOFTWARE PRODUCT Site and /or the SOFTWARE PRODUCT Site Services.
IN NO EVENT SHALL THE TOTAL LIABILITY OF XWidget, ITS SUPPLIERS, AND REFERRAL PARTNERS TO YOU IN THE AGGREGATE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$10.00.
MISCELLANEOUS
This EULA is governed by the laws of the State of California and any dispute arising out of the terms of this agreement shall be subject to venue in the Courts of Santa Clara, California.
If you desire to contact XWidget for any reason, please click on the Contact us link on the website.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS. XWidget does not provide any warranty for its product.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall XWidget or its parents, subsidiaries, directors, principles, agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT, even if XWidget has been advised of the possibility of such damages. In any case, XWidget's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT .
BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that XWidget cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY. XWidget specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By installing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by XWidget that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, XWidget and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard t o the SOFTWARE PRODUCT. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XWidget AND ITS DIRECTORS, SUBSIDIARIES, PARENTS, PRINCIPLES, AGENTS, OFFICERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and XWidget relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. This EULA specifically supersedes any EULA or license agreement that may be present within the SOFTWARE PRODUCT or its accompanying documentation. To the extent the terms of any XWidget policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
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Quality of Products Installed:
Advertisers working with InstallMonetizer monetize from the installs we provide in various methods (from search updates, coupons to freemium products). They review each product through quality assurance before it is released. However, they recommend the software developer and end users to review the recommended software product, its privacy and terms before engaging with that advertiser. This is the same sort of engagement every user should do when installing any software Other quality checks: - recommendations are only shown during installing of the software developers product. No additional advertisers are recommended post install. - users have the chance to accept or decline each offer. They are shown a description of the product and links to all privacy and terms for each advertiser.
Benefits of working with InstallMonetizer:
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