Through this section of the website the company wants to make all the users aware of the Terms & Conditions of the use of the websites content and services, including the End User License Agreement. Please read this agreement carefully before using or downloading any content from this site. If you use or download any content you agree to the following Terms & Conditions and to the License Agreement as well. The information of the company can be found in the last section of this page.
Terms & Conditions
All the users who visit Softeclipse have to accept and follow the Terms & Conditions of the use of the content and services provided by the Company. The content found on the website is protected by copyright and trademark law and so, any misuse of the content or service by any user can be applicable to the laws and regulations.
In the case of being under 18, you must have your parent or guardian’s permission before you use our website or download Content from it.
Before you use any of the Toolbars found during the installation, you must review the Toolbar End User License Agreements found in every toolbar download process.
1. Description of Provided Service
This website provides a large range of constant services including the downloading of third party programs. In order to always be updated and to offer correct services, the downloading availability and facilitation of the different services is constantly checked; new and different toolbars and offers are provided which could be of an interest to the users, and much more among these stated services offered by the company including a support system for the user. The download and software installation is managed by DomaIQ.
DomaIQ downloads the necessary files the user’s computer needs to install the software; it scans the user’s computer to detect specific files and registry settings in order to check the software compatibility with the user’s operating system and with other softwares that are installed in the user’s computer.
Once DomaIQ is initiated the user will get a welcome screen which will allow the user to accept and install the software or else cancel and leave the process. During the installation the user can find various partner software offers which the user can decide to install or not by accepting or declining the offer. During the installation the user will be offered to change its browsers homepage, to change its default search provider and to install icons to the user’s computer desktop. The software’s offered may include advertisements as well.
3. User Obligations
The user will not use third person’s name or information being the owner or authorized user of the computer in which the software will be installed. The user will agree not to use the website and its content for anything else that’s not related to the law. Also, the user won’t take any action that could compromise the security of the website or damage the site and its content. The user has to be above 18 years in order to use the site and people under 13 years can’t use the content of the site. The user agrees not to use any process that is automated or manual in order to attempt to interfere or directly interfere in the content and shall only do so when wanted to uninstall any content. The user is responsible of installing appropriate anti-virus software’s and other security measures on its computer.
4. Grant of License
The user is given a non exclusive, non transferable and non assignable license to use the content found on the website, always in accordance with the terms & conditions of this agreement. The user can’t rent, lease, sell, redistribute, sublicense or transfer any content to third parties and can only exclusively make copies of the content for its own use including the copy the same copyright and other proprietary noticed that appear on the content provided by us.
This license will terminate, without any notice, if the user violates any part of this agreement.
Softeclipse owns all the intellectual property rights of the content and the license doesn’t sell or render the user as the owner of the content. The ownership of the content will remain with the company.
Even though the company does a constant checking of the availability, functionality and of any threat of virus during any download, the company cannot warrant the complete absence of a virus and neither does it take responsibility of third party programs the user may download. The company doesn’t take responsibility of the accuracy and the results of the downloading of the software’s or programs. We provide all content “AS IS”, “With all faults” and without any warranty whatsoever. All the content and software’s provided in this website are provided on “As Is, As Available” basis. The company doesn’t warranty, express or imply any part of the content provided or if the content will meet the needs of the user.
If the user isn’t satisfied with the websites content or with the terms conditions and this agreement, then the user will have to discontinue using the site and its content.
The company will not take responsibility of any type of damage caused due to any kind of reason. Normally if there is any damage caused the user could be notified directly by the software’s representative without leaving any kind of responsibility on our company. Also, the software websites can make their changes or could go through any kind of technical issues, which won’t be our company’s fault exempting the company from any kind of responsibility for any error received from third party websites. The company is not responsible for any damage be it incidental, consequential, special, indirect, punitive or exemplary which can include damages as the loss of data, equipment downtime, lost profits, etc. If this may occur, the user agrees to accept the sole responsibility for any damage occurred. The company also takes no responsibility for third party advertisers’ terms and conditions or of what they have to offer.
The links provided on the website are currently put according to the user’s choice and are not checked by the website, keeping the company free of responsibility of the content of these links as they are not put down by the company.
11. Waiver of Claims and Indemnification
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 Minnesota without respect to its choice of law provisions. Any action between the parties will be venued in a Minnesota state or federal court. You irrevocably submit to the personal jurisdiction in Minnesota 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.
Correction of Errors and Inaccuracies. This Agreement, the Content, 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 Content or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.
The company can check and make any kind of changes on the website as well as on the Terms & Conditions of it. The Terms & Conditions noted are always applied according to the Spanish Legislation and if any term found in this agreement isn’t followed you will lose the right of using the website and the content.
When users apply for a service on the website, they will get the conditions they have to agree to or not, and will able to decide if they accept or not. Once they accept they cannot resign to the terms and conditions.
All the content found on the website is protected by the Intellectual Rights of Property or Industrial from the society or third parties and the users will not be able to change avoid manipulate or even delete any security system or device found on the website.
If any user wants to contact the company in order to send any request, recommendation or complaint they can easily do this by writing to us through the customer support which is available on the website. They can also send an email to the following address:contact@Softeclipse.com