Terms of Service

SoftReviews Download Manager End User License Agreement

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:

This is a legally binding contract between you and SoftReviews. By downloading, installing, copying, running, or using our SoftReviews Download Manager (collectively referred to as “Download Manager”) available via SoftReviews, and other websites we own that post a link to this agreement (collectively the “Sites”), you are agreeing to be bound by the terms of this Agreement. You are also agreeing to our Privacy Policy. If you do not agree to our terms, you must navigate away from our Sites, you may not download the Download Manager, and you must destroy any copies of the Download Manager in your possession.

If you are under 18, you must have your parent or guardian’s permission before you use our Sites or Download Manager. In an effort to comply with the Children’s Online Privacy Protection Act, we will not knowingly collect personally identifiable information from children under the age of 13.

This Agreement may be modified by us from time to time. If you breach any term in this Agreement, your right to use the Sites and Content will terminate automatically.

1. The Download Process

You are seeking to download Software (collectively referred to as “Software”) using the Download Manager. The Download Manager will download the Software you are seeking and will present you with options to (i) download and save the Software on your computer and (ii) initiate the Software on your computer.

Your download and software installation is managed by the Download Manager, which (i) downloads the files necessary to the Software; and (ii) scans your computer for specific files and registry settings to ensure software compatibility with your operating system and other software installed on your computer.

Once the Download Manager has been initiated, you will be presented with a welcome screen, it allows you to choose to download the Software or cancel out of the process. You also will be presented with a number of sponsored applications which you may choose to download or not. You are not required to accept a sponsored application offer to receive the Software, and the Software will never be downloaded without your consent. We may also offer to: (i) change your browser’s homepage; (ii) change your default search provider; and (iii) install icons on your computer’s desktop, including third-party offers.

2. Delivery of Advertising

By accessing the Sites and downloading the Download Manager, you hereby grant us permission to display promotional information, advertisements, and offers for third party products, offers or services (collectively “Advertisements”) from our advertising partners. The Advertisements may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services. The timing, frequency, placement, and extent of the Advertisements changes are determined in our sole discretion. You further grant us permission to collect and use certain aggregate information in accord with our Privacy Policy.

3. Your Obligations

You may not use another person’s name or information on our Sites. You agree to use the Sites and Download Manager 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 Download Manager. You agree not to use the Sites in any manner that might interfere with our or our Partner’s rights. You represent and warrant that (a) you are the owner or an authorized user of the computer that the Download Manager is installed on, (b) you will use the Download Manager, 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) you are at least thirteen years of age. Persons under thirteen years of age may not use the Download Manager. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the Content, 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.

4. Termination

This license will immediately terminate if you violate any provision of this Agreement. We may also terminate this license at any time without notice.

5. Ownership

We own all intellectual property rights in and to the Download Manager. This license is not a sale, and does not render you the owner of a copy of the Download Manager. Ownership of the Download Manager and all components and copies thereof will at all times remain with us, regardless of who may be deemed the owner of the tangible media on which the Download Manager is copied, encoded, or otherwise fixed.

6. Disclaimer of Warranties

WE PROVIDE THE DOWNLOAD MANAGER “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
THE SOFTWARE THAT YOU DOWNLOAD THROUGH THE DOWNLOAD MANAGER IS PROVIDED“AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER.
THE ADVERTISEMENTS THAT YOU DOWNLOAD THROUGH THE DOWNLOAD MANAGER IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE DOWNLOAD MANAGER, THE SOFTWARE, OR THE ADVERTISING, NOR DO WE REPRESENT THE DOWNLOAD MANAGER, 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.

7. Exclusive Remedy

IF YOU ARE DISSATISFIED WITH THE SITES, THE DOWNLOAD MANAGER, THE SOFTWARE OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT.

8. Limitations of Liability

WE ARE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR 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 DOWNLOAD MANAGER, THE SOFTWARE OR THE ADVERTISING, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND WHATSOEVER ACKNOWLEDGES THAT NO CLAIM WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR AFFILIATES.

9. Third-Party Advertisers

We make no representations or warranties concerning third party products, offers or services (collectively “Advertisements”), you agree that we are not responsible or liable for any loss or damage of any sort incurred, or as the result of the delivery or display of the Advertisements. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ADVERTISEMENTS REGARDLESS OF WHETHER THE ADVERTISEMENT IS HOSTED BY US. WE MAKE AN EFFORT TO SCREEN ALL ADVERTISEMENTS TO ENSURE THE BEST POSSIBLE EXPERIENCE FOR OUR USERS. HOWEVER, WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND AN ADVERTISING PARTNER. YOU ARE HOWEVER RESPONSIBLE FOR, AND MUST CAREFULLY REVIEW, EACH ADVERTISING PARTNER OFFER AND READ THEIR TERMS AND CONDITIONS, AND THE PRIVACY POLICY.

10. Waiver of Claims and Indemnification

By accessing or using our Sites or using the Download Manager, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us our subsidiaries, officers, directors, attorneys employees, and licensors, harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings, or judgments (collectively, “Losses”) to which an Indemnified Party may become subject that arise out of, or relate to: (i) your use or inability to use the Download Manager; (ii) any violation of this Agreement or the license agreement or privacy policy governing any Third Party Software; (iii) Your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret, or other personal or proprietary right; or (iv) any gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including, without limitation, attorneys’ fees incurred in connection with investigating, defending, or settling any claim or loss.

11. Copyright Policy

SoftReviews 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 protected].

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 claimed to be infringing, including information regarding that location of the content that the copyright owner seeks to have removed, with sufficient detail so that SoftReviews 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 SoftReviews, it is SoftReviews’ policy to: (i) remove or disable access to the content on SoftReviews’ websites or content directories; and (ii) block a user who has posted infringing content two or more times from posting any further content.

12. Miscellaneous

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 a California state or federal court. You irrevocably submit to the personal jurisdiction in California state or federal court.

No Modifications or Waiver

This Agreement may not be modified or amended except by a separate writing, signed by both you and us. The failure by us 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 us 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.

Electronic Form

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 Download Manager, and Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update this Agreement, the Download Manager, or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies, or omissions will be corrected.

13. Definition of Terms

Download Manager is the application which will download the Software you are seeking and will present you with Advertisements.

Offers include e-mail, promotions, advertisements contests, and third-party software presented by our Advertising Partners and us.

Advertisements include e-mail, promotions, advertisements, contests, and third-party software presented by our Advertising Partners and us.

Personally Identifiable Information (PII) is any information that identifies or could be used to identify, contact, or locate you. It also includes your credit card number.

Advertising Partner is an advertiser or other entity with whom we have a business relationship to provide Offers.

Software includes, but is not limited to, our screensavers, wallpapers, games, animated gifs, clip art, buddy icons, greeting cards, browser skins, fonts, desktop themes, html editors, sound effects, social networking software, storage, and calendar software.

User means an individual that has accessed the Sites on which we host our Products or Services.

We, Us, and Our refers to SoftReviews and its subsidiaries.

You and Your refer to each user and his or her agents.

14. Questions or Additional Information

If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at: [email protected].

You may also contact us through our mailing address:

Spiral Media
2150 South 1300 East
Suite 500
Salt Lake City, Utah, 84106
(801) 528-4614
[email protected]

Last Updated: January 30, 2013