Terms of Service

InstallMac Terms of Service

Last updated on April 8, 2013

 

These Terms of Service constitute a binding agreement between Genieo Innovation Ltd. (“Genieo “, “We” or “Us”), and you, a natural person or a person acting on behalf of a corporation (“You” or “Yourself”).

 

If you wish to know more about how we collect information and process it, please check our privacy policy.

 

What exactly is InstallMac?

 

InstallMac is a delivery and installation platform (“InstallMac“) which performs and optimizes the installation of softwares applications developed and/or published by independent software vendors (“ISV’s”). During installation We may offer you to install additional softwares (the “Offers” or “Additional Softwares“), developed and/or published by other ISVs. In addition, We may offer you to change your home page or your default search provider. You may decline any of our offers, including The Offers, and may decide to cancel the installation.

 

Please note that only Offers which received your prior permission and consent (through opt-in or opt-out mechanism, as determined solely by us) shall be installed on your computer (The “Approved Offers“).

 

For the avoidance of doubt, these Terms of Service govern your relationship with us alone, and NOT with any ISV. Accordingly, these Terms of Use govern your use of InstallMac alone, and not your use of the Software and/or The Approved Offers.

 

For information regarding ISVs which developed and/or published the Software and/or Approved Offers and your contractual rights and obligations with these ISVs please refer to the Software’s and the Approved Offers’ Terms of Service and/or its End User License Agreements.

 

In the event InstallMac is used to manage the installation of software developed and/or published by us and/or where we use InstallMac to offer you to install additional software developed and/or published by us, the following provisions of The Software’s and/or The relevant Additional’s terms of service shall be in effect, where in case where those provisions contradict or cannot be settled with these Term of Service, these Terms shall prevail.

 

 

Consent

 

By using InstallMac you understand, acknowledge, agree and give your consent to the terms of this agreement. IF YOU DO NOT AGREE TO THIS AGREEMENT OR TO ANY PART THEREOF, YOU MAY NOT AND SHOULD NOT USE THE INSTALLMAC PLATFORM.

 

By using InstallMac, you hereby warrant that You are eligible to enter into these Terms of Service and were not prohibited by any authorized authority, judicial order or law into entering in any agreement; You are over 18 years of age or obtained consent to enter into these Terms of Service from your parent or guardian; You do not reside in a proscribed state and are not a member of any proscribed organization and have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms of Service.

 

 

Grant of License and Limitation of Use

 

Subject to the terms and conditions of these Terms of Services, Genieo grants you a limited, personal, non-assignable and non-exclusive license to use the Service provided by Genieo to you in accordance with the terms and conditions of this Agreement. Other than the rights expressly granted hereunder, no other right is granted.  You may not use InstallMac if you are under 13 years of age or if you are not the owner or approved administrator of the computer on which you activated InstallMac.

 

You may not (and may not permit anyone else to: (a) make any illegal use of InstallMac, including by using InstallMac to install pirated, stolen or unlicensed software or any sort of malware; (b) use InstallMac to install the Software and/or Approved Offers in the background or remotely; (c) duplicate, copy, distribute, alter, modify, reverse engineer, automatically gather information (using bots, crawlers, spiders, sifters etc.), rip, test, pen-test, monitor or upload any sort of malware into InstallMac or any part thereof; or (d) damage, interfere, disrupt or harm Genieo , InstallMac, or any ISV in any way.

 

After initiating the installation process You may not stop InstallMac’s operation, except with the designated ‘cancel’ button, furthermore, We may disable your ability to do so in certain stages of the installation . Please note that by stopping the InstallMac operation in certain stages of the installation, not through the designated ‘cancel’ button may result in damage to your computer, for which we shall not be responsible.

 

 

Intellectual Property

 

InstallMac, its design and layout, any texts presented during the installation process which relates to Us and/or InstallMac, including, without limitation, our logos and trade and service marks and any related rights, all whether registered or not, are our intellectual property. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed or contained within or on InstallMac and its related services.

 

We have no rights and can grant no rights in respect to the Software and/or Offers and any design and layout which relates to such softwares.

 

Nothing in these Terms of Use shall be construed as granting or relinquishing any right or interest in InstallMac and its related services to you or to any third party.

 

Changes to your Computer

 

You hereby grant InstallMac permission to install the Software and the Approved Offers, including collateral software required to execute such softwares, as determined by the relevant ISV.

 

You acknowledge that software installation often required admin privilege, registry changes, as determined by the relevant software developer as well as access to the Internet, which shall be made at your sole expense.

 

We take special efforts to protect against abusive or unauthorized usage of our installation process. In order to protect from potentially malicious activities, we require certification and digital signature of software applications code and may use encryption, decoding or additional methods to prevent reverse engineering and abuse of the InstallMac platform.

 

In addition we reserve the right to install an update notification software on Your Computer, which may initiate updates from time to time.

 

Installation that was initiated but was interrupted and/or canceled before completion may result in residual data and/or software remaining on your computer which can be removed manually, including a desktop application to continue installation from interruption.

 

Upon completion of the installation process an online landing page (such as a “Thank You Page”) may be displayed via your default web browser.

 

 

Advertisements

 

During your use of InstallMac and browsing of the Thank You Page, we may present you with third party advertisements. We have no control and take no responsibility for the content of these advertisements and the content to which they direct, including regarding appropriateness and information security.

 

 

Disclaimers of Warranties and Limitation on Liability

 

We care for your information security, and therefore have conducted several tests to verify that the Software and the Approved Offers are exactly what they claim to be and that InstallMac is not being used in an inappropriate or illegal manner. However, such tests can only be reasonably done to some extent, and are partial by definition.

 

We do not warrant, endorse, guarantee or responsible for any third party, including third parties ISVs, and any party who offer products and/or services through InstallMac, to the fullest extent of the law.

 

We, nor our subsidiarie, officers, affiliates and its licensors, are not liable for any damages resulting from your installation and/or use of the Software or the Approved Offers or any part thereof, not resulting directly from a malfunction in InstallMac, including without limitation damages caused by any form of malware or inappropriate or illegal (including copyright infringing and spamming) content, unforeseeable damages and damages relating to commercial or infringing use, to the fullest extent of the law.

 

InstallMac is provided “AS-IS”, “AS-AVAILABLE” and “WITH ALL FAULTS”. You agree that your use of InstallMac is at your own risk. We disclaim all warranties and representations, whether express or implied in connection with InstallMac and your use of InstallMac, to the fullest extent of the law, including without limitation, fitness for any particular purpose and promises of specific results.

 

 InstallMac is an installation management software, designed for installing third party ISVs software. For this reason we cannot warrant the success of the installation process, which may not be completed for various reasons not related with InstallMac, including incompatible hardware or a malfunction with The Software.

 

Therefore, we do not warrant or guarantee, and you may not hold us, nor our subsidiarie, officers, affiliates and its licensors,  responsible or liable for, any lack of, accuracy, correctness, completeness, continuity, reliability, timeliness, error-free, malware-free and security of InstallMac, its content or any part thereof. You will be solely responsible for your use of InstallMac and any damages to your electronic communication or computing devices.

 

IN NO EVENT SHALL OUR, NOR OUR SUBSIDIARIES, OFFICERS, AFFILIATES, AND LICENSORS, AGGREGATE LIABILITY FOR ANY CLAIM AND/OR DAMAGE CAUSED TO YOU OR TO ANY THIRD PARTY DUE TO THESE TERMS OF SERVICES, INCLUDING  (WITHOUR LIMITATION) YOUR USE OF INSTALLMAC, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE THOUSAND U.S. DOLLARS  (U.S. $1000).

 

Moreover, InstallMac is meant to install the Software and the Approved Offers, and as such they are not covered by this Agreement, we nor our subsidiarie, officers, affiliates and its licensors, shall never be liable, to the fullest extent possible, for any damage resulting from their actions or use.

 

THE LIMITATIONS ON OUR LIABILITY TO YOU STATED IN THIS PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT WE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

ANY SOFTWARE OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR OTHER MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENIEO  OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

Termination and Amendments:

 

We may terminate these terms at any time, for any reason and for no reason at all, and we may amend it from time to time, provided that such amendment shall have no retroactive effect shall. We may terminate our services, for You or for all our users, and may do so with or without prior notification.

 

Governing Law and Jurisdiction:

By using InstallMac You agree that any action at law or in equity arising out of or relating to these the Terms of Service, the Privacy Policy and the relationship between you and Genieo shall govern solely by and construed in accordance with the law of the state of New York, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of applicable courts located in in New York, New York in regard to any disputes which may rise between you and us. You agree not to initiate any class action against us, and seek remedies only personally.

 

General:

 

We may assign and transfer our rights according to these Terms to any third party at our sole discretion without notice. You shall not assign your rights according to this agreement, without our prior written consent.

 

If any of the terms herein are invalid, it will not affect the validity of the remaining, still valid terms of this agreement. Any omission from these Terms will be interpreted in a way that serves the ideas expressed in these Terms. In no way the interpretation of these Terms will contradict the Israeli law.

 

Any cause of action you might have relating to InstallMac is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.

 

Failure to assert any right in regard to this Agreement on our behalf shall not constitute concession, yield or relinquishment of any sort.

 

The terms of this agreement may be revised from time to time at our sole discretion. The last revision will be reflected in the “Last modified by” heading above.

 

If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at: info@installmac.com.