Download Manager Plus 2.5.0

EULA - End User License Agreement

Terms of Use

PLEASE READ THE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE ("SITE"). THE TERMS CONSTITUTE AN AGREEMENT BETWEEN KOYOTE-LAB INC. ("DOWNLOAD MANAGER PLUS ") AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE OR ACCESS THE SITE.

THESE TERMS MAY BE MODIFIED BY DOWNLOAD MANAGER PLUS AT ITS SOLE DISCRETION AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THE SITE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE SITE. CONTINUED USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO, YOU SHOULD VISIT THIS PAGE PERIODICALLY. THESE TERMS WERE LAST MODIFIED ON MARCH 26, 2012. SHOULD YOU HAVE ANY QUESTONS PLEASE CONTACT US AT INFO@DOWNLOADMANAGERPLUS.COM.

1. CONTENT OWNERSHIP AND PROPRIETARY RIGHTS

The Site and its contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights and mask works, and all derivative works thereof associated with the Site and the Content are the sole property of Download Manager Plus and its affiliates and partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. Download Manager Plus does not convey, through allowing access to the Site, any ownership rights in the Site or in any Content (excluding Your Submissions, if any (as described below)). You may not copy (except as expressly permitted by this license), modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Site or the Content, except to the extent as may be permitted by the licensing terms governing the use of any open source components included with the Content (please see below).

2. LICENSE GRANT

The Site is distributed with portions of open source code that are licensed under the GNU General Public License. The terms of this license can be found at (http://www.gnu.org/licenses/). Subject to the following terms, Download Manager Plus grants to you a perpetual, worldwide license to the Site's software pursuant to the GNU General Public License v.3 (“GPLv3 License”) as published by the Free Software Foundation (http://www.fsf.org/). The GPLv3 License for the open source software components and software component's source code, permits you to run, copy, modify, and/or redistribute the open-source software components (subject to certain FSF obligations in some cases) . These Terms pertain solely to the Content and do not limit your rights under, or grant You rights that supersede, the license terms of any particular open source component. To the extent that any of the terms set out in these Terms conflict with any contained in the GNU license, the conflicting terms will not apply to the corresponding GNU open source code and GPLv3 License. You can access the GPLv3 source code at http://www.fsf.org/.

3. ELIGIBILITY; SCOPE OF TERMS

You must be over the age of legal majority in your particular jurisdiction to access or use the Site. These Terms govern Your access and use of the Site and all applications, software and services (collectively, "Services") available via the Site, except to the extent such Services are subject to a separate agreement. Additional terms may apply to the use of some or all of the Services provided to You via the Site.

In the event Download Manager develops “Forums” for end users as part of the Site and service, Download Manager Plus will require individuals to register, and upon registration You will have the opportunity to post comments, posts, content, media, materials or information ("Submissions") in forums, wikis, bulletin boards, chat rooms or other public areas. To access these Forums, You may be asked to provide registration details such as personal information. It is a condition of use of this Site that all the details You provide will be correct, current, and complete. If Download Manager Plus believes the details are not correct, current, or complete, Download Manager Plus has the right to refuse Your access to the Site, or any of its resources.

4. RESTRICTIONS REGARDING YOUR USE OF THE SITE

In connection with Your use of the Site, You agree that You shall not: (i) transmit or communicate any data or information that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site; (viii) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Site user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Site in any manner that in Download Manager Plus's judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or (xiii) undertake any acts not expressly permitted under the Terms.

5. TERMINATION

Download Manager Plus may discontinue or suspend the Site, any aspect of the Site or the Site's Services at any time, in its sole discretion, without notice and liability to any user. Download Manager Plus may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Download Manager Plus shall not be liable to You or any third party for any termination or suspension of Your access to the Site.

6. DISCLAIMER OF WARRANTY

THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOWNLOAD MANAGER PLUS, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE AND ITS CONTENT. DOWNLOAD MANAGER PLUS AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY DOWNLOAD MANAGER PLUS IN THE TERMS. DOWNLOAD MANAGER PLUS DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KOYOTE-LAB INC., ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOWNLOAD MANAGER PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

8. INDEMNITY

You agree to defend, indemnify and hold harmless Download Manager Plus, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of the Site or violation of these Terms.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.

9. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

Download Manager Plus respects the intellectual property rights of others, and requires that the people who use the Site do the same. If You believe any materials accessible on or from the Site infringe Your copyright, You may request removal of those materials (or access thereto) from the Site by contacting Download Manager Plus's copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures.

10. LINKS TO OTHER SITES

From time to time, Download Manager Plus may provide links on the Site that will allow You to access the websites of third parties (“Linked Sites”). Download Manager Plus has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of Download Manager Plus and Download Manager Plus does not endorse or sponsor the products, services, information, content, advertising, code or other materials presented on or through these Linked Sites. Your use of the Linked Sites or their products, services, information, content, advertising, code or other materials presented on or through the Linked Sites is at your own risk. Under no circumstances will Download Manager Plus be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any Linked Sites. You should direct any concerns to that site's administrator or webmaster.

11. PRIVACY POLICY

This Privacy Policy governs the use of personal information, and is incorporated herein by reference. The Privacy Policy is available at http://www.downloadmanagerplus.com/privacy_policy.php

12. MISCELLANEOUS

The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and Download Manager Plus, these Terms constitute the entire agreement between You and Download Manager Plus with respect to the use of the Site, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with Download Manager Plus. You may provide notices to Download Manager Plus via email to notice@downloadmanagerplus.com or by writing to 2 Filiou Zanettou, Limassol, Cyprus 3021.