This download is free.
ATTENTION PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING ANY CONTENT. IF YOU USE THE SITE OR DOWNLOAD CONTENT YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS.
Homepageoptimizer is owned and operated by Homepageoptimizer (referred to as the “Company”).
1. Delivery of Advertising
2. Your Obligations
You may not use another person’s name or information on Company’s Sites. You agree to use the Sites and the Software only for lawful purposes. You agree not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Software. You agree not to use the Sites in any manner that might interfere with Partners’ rights. You represent and warrant that (a) you are the owner or an authorized user of the computer that the Software is installed on, (b) you will use the Software, and the Sites only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations, and (c) the user of the Software and Sites is at least thirteen years of age. Persons under thirteen years of age may not use the Software. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the Software, except to uninstall the same as provided herein. You acknowledge sole responsibility for installing appropriate anti-virus software and other security measures on your computer.
This license will immediately terminate if you violate any provision of this Agreement. Company may also terminate this license at any time without notice.
Company owns all intellectual property rights in and to the Software. This license is not a sale and does not render you the owner of a copy of the Software. Ownership of the Software and all components and copies thereof will at all times remain with Company, regardless of who may be deemed the owner of the tangible media on which the Software is copied, encoded or otherwise fixed.
5. Disclaimer of Warranties
COMPANY PROVIDES THE SOFTWARE “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
THE ADVERTISEMENTS THAT YOU RECIEVE THROUGH THE SOFTWARE IS PROVIDED“AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT ANY PART OF THE SOFTWARE OR THE ADVERTISING, NOR DOES COMPANY REPRESENT THE ADVERTISING OR THE SOFTWARE WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT OR SOFTWARE IS WITH YOU.
6. Exclusive Remedy
IF YOU ARE DISSATISFIED WITH THE SITES, THE SOFTWARE OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND SOFTWARE.
Instructions for removing the Software are posted on the Site, or you may contact firstname.lastname@example.org expressly for email assistance with removal of the Software.
7. Limitations of Liability
COMPANY IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT COMPANY AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00). BY INSTALLING OR USING THE SOFTWARE OR THE ADVERTISING, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND WHATSOEVER ACKNOWLEDGES THAT NO CLAIM WILL BE MADE AGAINST COMPANY OR ITS LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES, PARTNERS, OR AFFILIATES.
8. Third-Party Advertisers
9. Waiver of Claims and Indemnification
10. Copyright Policy
The Company respects the rights of copyright holders. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to email@example.com.
To be effective, notifications must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of works or materials being infringed; (iii) identification of the content that is claim to be infringing including, information regarding that location of the content that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence; (iv) contact information about the notifying party including address, telephone number and email address; (v) a statement that the notifying party has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a complete and proper notice of claimed copyright infringement is received by the Company, it is the Company’s policy to remove or disable access to the content on the Company’s websites or content directories.
Enforcement, Choice of Law, Choice of Forum
Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the State of California without respect to its choice of law provisions. Any action between the parties will be venued in the State of California. You irrevocably submit to the personal jurisdiction in the State of California.
The failure by Company at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by Company will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
Effect of Agreement, Survival of Terms
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third-party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Correction of Errors and Inaccuracies
This Agreement, the Software, and Sites may contain typographical errors or other errors or inaccuracies. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Software or Sites at any time without prior notice. Company does not however, guarantee that any errors, inaccuracies or omissions will be corrected.
12. Questions or Additional Information
If you have any questions regarding this Agreement or wish to obtain additional information, you can contact Homepageoptimizer at: firstname.lastname@example.org. You may also write to:
Homepageoptimizer 2603 Camino Ramon, 2nd Floor, PMB2003 San Ramon, CA 94583 US