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InstallX, LLC'S
TERMS OF SERVICE

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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 OF SERVICE.

This is a legally binding contract ("Agreement") between you and InstallX, LLC. By downloading, installing, copying, running, or using Content, or accessing a site, either of which links to this Agreement. For purposed of this Agreement, "Content" includes, but is not limited to: screensavers, clipart, and other software, such as MusicOasis, FileWhiz, KeepMySettingsX; and "Sites" includes, but is not limited to: www.freeze.com, www.screensaver.com, www.wallpapers.com, www.clipartcastle.com, www.eztocreate.com, www.worldoffreegames.com, www.music-oasis.com, www.video-buzz.com, www.sonicdownloads.net, www.file-whiz.com, and other websites we own, control, or that otherwise post a link to this agreement. We refer to Content and Sites collectively as the "Services".

If you are under 18, you must have your parent or guardian's permission before you use our Sites or download Content. 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. InstallX Install Manager. Your download and software installation may be managed by and InstallX installation manager (including, but not limited to InstallIQ): (i) downloads the files necessary to install your software; and (ii) scans your computer for specific files and registry settings to ensure software compatibility with your computer system and other software installed on your computer. We may show you one or more partner software offers. You are not required to accept a software offer to receive your download. Offers may include, but are not limited to: (i) changing your browser's homepage; (ii) changing your default search provider; and (iii) installing icons on your computer's desktop, including third-party software offers. The content and/or Offers may be supported by advertising.

2. KeepMySettingsX. KeepMySettingsX is a separate application that is installed with another software application (such as a browser toolbar) or at the time you change a setting on your computer (such as your default search provider) (this third party software and/or settings are together or individually, a "Protected Setting"). KeepMySettingsX is designed to monitor Protected Settings and may alert you if another program or third party is attempting to change a Protected Setting. KeepMySettingsX may only be compatible with the Protected Settings with which it was installed and such compatibility may change at any time at the sole discretion of InstallX with or without notice to you. If one of the Protected Settings is no longer supported, you hereby authorize InstallX to change your settings to another Protected Setting that is currently supported. If your computer system does not already have the software application to support the new Protected Setting, you consent that we may install software upon notice to you. You can access the KeepMySettingsX control panel by clicking an icon in the Windows notification tray. If your computer is connected to the internet, KeepMySettingsX may automatically download and update itself to the latest version.

3. FileWhiz. FileWhiz contains certain third-party free/libre/open-source software ("FLOSS") components which are governed by their respective licenses, and not this Agreement. A list of FLOSS components and their respective licenses is listed here. By downloading or using FileWhiz in any way, you are accepting and agreeing to be bound by all licenses specified here, in their entirety.

4. Delivery of Advertising. By accessing the Sites or downloading the Content, you hereby grant us permission to display promotional information, advertisements, and offers for third party products or services (collectively "Advertising"). The Advertising 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 Advertising is determined in our sole discretion. You further grant us permission to collect and use certain aggregate information in accordance with our Privacy Policy.

5. MyFreeze Blog Posts. InstallX allows you to post links and a personalized message to your existing blog. You must comply with your blog provider's terms and conditions. You further agree that your personalized message will not contain any material that: (i) is indecent, misleading, defamatory, libelous, obscene, pornographic, hate speech, infringing, or otherwise objectionable; (ii) violates the copyright, trademark or other intellectual property rights of any other person; or (iii) is libelous, or an invasion of privacy or publicity rights or any other third party rights. InstallX has no control over the material you post to your blog. Further, InstallX assumes no responsibility or liability for the material you post and no obligation to monitor your posts.

6. User Generated Content. InstallX may allow you to post content, including text, data, images, photographs, illustrations, animation, graphics, and videos ("User Generated Content") on the Sites or within our products. You are solely responsible for any User Generated Content and the consequences of posting or publishing the User Generated Content. You agree that any User Generated Content you post will not contain any material that: (i) is indecent, misleading, defamatory, libelous, obscene, pornographic, hate speech, infringing, or otherwise objectionable; (ii) violates the copyright, trademark or other intellectual property rights of any other person; or (iii) is libelous, or an invasion of privacy or publicity rights or any other third party rights. InstallX assumes no responsibility or liability for the User Generated Content you post and no obligation to monitor your posts.

7. Service Changes. InstallX reserves the right to discontinue, update, or change the Services or any feature thereof, at anytime, without notice to you.

8. Your Obligations. You may not use another person's name or information in your use of the Services. You agree to use the Sites and Content 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 Content. You agree not to use the Sites in any manner that might interfere with our or our Partner's rights. You represent and warrants that (a) you are the owner or an authorized user of the computer that the Content is installed on, (b) you will use the Content, 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 Content. 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. You may not use, or export the Content in violation of applicable U.S. laws or regulations. THE CONTENT AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE CONTENT OUTSIDE THE UNITED STATES OF AMERICA, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING.

9. Grant of License. We grant you a non-exclusive, non-transferable and non-assignable license to use the Services within the United States of America, in accordance with the terms of service of this Agreement. Other than the rights expressly granted hereunder, no other right is granted. You agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Services. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Services. You may make only such copies of the Services as are reasonably necessary for your own use, and any copy made by you must bear the same copyright and other proprietary notices that appear on the copy furnished by us.

10. 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.

11. Ownership. We or our licensors own all intellectual property rights in and to the Services. This license is not a sale and does not render you the owner of a copy of the Services. Ownership of the Services 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 Services is copied, encoded or otherwise fixed. Notwithstanding the forgoing, the FileWhiz Content uses third party materials available under various open source and/or public licenses, for more information: Learn More.

12. Disclaimer of Warranties. WE PROVIDE ALL SERVICES "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. 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 CONTENT NOR DO WE REPRESENT THE CONTENT 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 IS WITH YOU.

13. Exclusive Remedy. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICES OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND SERVICES.

14. 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 CONTENT, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.

15. Third-Party Advertisers. We make no representations or warranties concerning third-party or Partner Offers, 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 Offers. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANYTHIRD-PARTY OR PARTNER WEBSITE OR OFFERS REGARDLESS OF WHETHER THE OFFER IS HOSTED BY US. WE MAKE AN EFFORT TO SCREEN ALL OFFERS TO ENSURE THE BEST POSSIBLE EXPERIENCE FOR OUR USERS. HOWEVER, WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A PARTNER. YOU ARE HOWEVER RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH PARTNER OFFER AND READ THEIR TERMS AND CONDITION, AND THE PRIVACY POLICY.

16. Waiver of Claims and Indemnification. By accessing or using our Sites or downloading Content, 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 Content; (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.

17. Copyright Policy. InstallX 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:

Attn: General Counsel
InstallX
1900 Medical Arts Avenue South, Sartell, MN 56377
320-257-7500
legal@nativex.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 InstallX 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 InstallX, it is InstallX's policy to: (i) remove or disable access to the content on InstallX''s websites or content directories; and (ii) block a user who has posted infringing content two or more times from posting any further content.

18. Miscellaneous.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

19. Definition of Terms.
Offers include e-mail, promotions, advertisements contests and software offers presented by our 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.

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

Content 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 InstallX and its subsidiaries.

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

20. Questions or Additional Information. If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us by writing to:

InstallX
Attention: Customer Care
1900 Medical Arts Ave. S. Sartell, MN 56377

Alternatively, if you would like to contact us via e-mail, please send a message to support@installiq.com.

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Last Modified: July 24th, 2014.