Software Installation and License Agreement
Last Modified: 26.10.2023
This Software Installation and License Agreement (hereinafter referred to as the "Agreement") establishes a legally binding agreement between you, the individual or entity utilizing the services provided through the software installation platform (hereinafter referred to as the "User"), and uzip, the rightful owner of the platform and holder of all necessary licenses and rights pertaining to the software offered through the platform (hereinafter referred to as the "Company"). This Agreement governs the User's access to and utilization of the software installation platform (hereinafter referred to as the "Installation Platform") and the software made available through this platform (hereinafter referred to as the "Offered Software").
By downloading, accessing, or otherwise utilizing the Installation Platform or the Offered Software, the User acknowledges that they have diligently reviewed, comprehended, and agree to be legally bound by the entirety of the terms and conditions stipulated within this Agreement. Should the User disagree with any provision outlined in this Agreement, in its entirety or in part, the User is strictly prohibited from using the Installation Platform and must refrain from installing the Offered Software.
1. The Installation Platform and Offered Software
The Company's Installation Platform is designed to facilitate and streamline the download and subsequent installation of the Offered Software. The platform aims to simplify the installation process and may present the User with optimization options. It is important to note that Users retain the absolute right to decline the installation of any Offered Software presented through the platform and may, at their discretion, cancel the installation process at any point.
1.1 User Consent and Authorization for Installation
Before the installation process commences, the User will be explicitly prompted to provide their informed consent. This consent is granted through a clear and affirmative action initiated by the User, such as clicking on a designated "Accept" button or interacting with a similar mechanism within the Installation Platform. Upon providing consent, the User authorizes the Company to install the Offered Software on their device. This authorization extends to any supplementary software components deemed essential by the Company for the comprehensive and proper functioning of the Offered Software.
1.2 Modifications to System Settings
The User acknowledges and agrees that the installation of the Offered Software may necessitate specific modifications to the system settings of their device. These modifications may encompass, but are not limited to, alterations to the User's default search engine, adjustments to homepage settings, and the installation of additional software, which may include, without limitation, computer repair utilities. These modifications are frequently essential for ensuring the seamless functionality of the Offered Software, facilitating timely updates, and supporting its designated revenue model, which may incorporate affiliate partnerships and the display of advertising content.
1.3 Interruptions to the Installation Process
The Installation Platform is meticulously engineered to provide the User with a clear, accessible, and user-friendly method for halting or canceling the installation process. However, it is crucial to understand that this capability might be temporarily restricted during specific stages of the installation. This restriction is implemented to mitigate potential data corruption or system instability that could arise from an abrupt or improper interruption. Users are strongly advised that interrupting the installation process outside of the designated mechanisms provided within the Installation Platform may lead to unintended consequences, for which the Company bears no responsibility.
2. License Grant
This Agreement grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Installation Platform and to download and subsequently install the Offered Software. This license is strictly for non-commercial purposes. The continued validity of this license is expressly contingent upon the User's unwavering adherence to the terms and conditions set forth within this Agreement. All rights not expressly granted to the User under the terms of this Agreement are explicitly reserved by the Company and its respective licensors.
3. Intellectual Property Rights
The Company and its licensors retain all ownership rights, title, and interest in and to the Installation Platform and the Offered Software. This comprehensive ownership includes, without limitation, all intellectual property rights, encompassing but not limited to copyrights, trademarks, trade secrets, patents, and any derivative works, modifications, or improvements. The User unequivocally agrees not to challenge, contest, or infringe upon these rights in any manner whatsoever.s.
4. User Representations and Warranties
By entering into this Agreement, the User makes the following representations and warranties:
5. Prohibited Conduct
When using the Installation Platform or the Offered Software, the User agrees to refrain from engaging in any of the following activities:
The Company reserves the right, at its sole discretion, to suspend or terminate the User's access to the Installation Platform and the Offered Software for any violation of this Agreement. Such actions may also result in civil or criminal liability.
6. Software Updates
The Company retains the right, at any time and without prior notice to the User, to update, upgrade, or modify the Installation Platform and the Offered Software. These updates may include, but are not limited to, bug fixes, the introduction of new features, security enhancements, or other improvements deemed necessary by the Company. The User acknowledges that the installation of the Offered Software may enable automatic updates, and the User consents to the download and installation of such updates. While the Company endeavors to provide timely and relevant updates, it is under no obligation to do so.
7. Disclaimer
THE INSTALLATION PLATFORM AND THE OFFERED SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE INSTALLATION PLATFORM OR THE OFFERED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THEIR USE OF THE INSTALLATION PLATFORM AND THE OFFERED SOFTWARE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR DAMAGE TO EQUIPMENT, ARISING OUT OF OR RELATED TO THE USER'S USE OF OR INABILITY TO USE THE INSTALLATION PLATFORM OR THE OFFERED SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO THE USER FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN US DOLLARS (US $10) OR THE AMOUNT PAID BY THE USER, IF ANY, FOR THE OFFERED SOFTWARE, WHICHEVER IS LESS
9. Term and Termination
This Agreement shall remain in full force and effect until terminated by either party. The User may terminate this Agreement at any time by ceasing to use the Installation Platform and uninstalling the Offered Software from their device. The Company may terminate this Agreement or suspend the User's access to the Installation Platform and the Offered Software at any time, with or without cause, and without prior notice.
10. Indemnification
The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the User's breach of this Agreement or the User's use of the Installation Platform or the Offered Software.
11. Modifications to this Agreement
The Company reserves the right, at its sole discretion, to modify or amend this Agreement at any time. The "Last Modified" date at the beginning of this Agreement will accurately reflect the date of the most recent revisions. The User's continued use of the Installation Platform or the Offered Software after any modifications or amendments to this Agreement constitutes their acceptance of the revised Agreement. Users are strongly encouraged to periodically review this Agreement for any changes.
12. Miscellaneous
12.1 Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflicts of law principles. Any dispute arising out of or relating to this Agreement shall be exclusively settled in the courts of Tel Aviv, Israel.
12.2 Entire Agreement: This Agreement constitutes the entire agreement between the User and the Company concerning the User's use of the Installation Platform and the Offered Software and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
12.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
12.4 Waiver: No waiver of any term or provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. The Company's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
12.5 Assignment: This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by the User. However, this Agreement may be assigned by the Company without restriction.
12.6 Notices: All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, or upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: If to the Company: Uzip [email protected]
If to the User: The email address provided by the User to the Company.