DownxSoft.com is a software download web site which includes several download pages including the DownxSoft Downloads Home Page and other DownxSoft Downloads content (collectively, “DownxSoft”) subject to your compliance with the terms and conditions below. BY ACCESSING THE DownxSoft SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE DownxSoft SITE.

Policy

While visiting the DownxSoft Downloads Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the DownxSoft Downloads Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the DownxSoft Downloads Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the DownxSoft Downloads Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.

Supervision

DownxSoft Downloads has no obligation to supervise the DownxSoft Downloads Site but you agree that DownxSoft Downloads has the right to monitor the DownxSoft Downloads Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the DownxSoft Downloads Site properly, or to protect itself or its subscribers. DownxSoft Download will not intentionally monitor or disclose any private electronic-mail message unless required by law. DownxSoft Downloads reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Privacy

DownxSoft cannot ensure or guarantee privacy for DownxSoft Downloads users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and DownxSoft Downloads and its affiliate and related companies shall be relieved of all liability in connection therewith.

Limitation of Liability

DownxSoft Downloads takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the DownxSoft Downloads Site. Further, DownxSoft Downloads makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the DownxSoft Downloads Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall DownxSoft Downloads be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

Recourse

If you are dissatisfied with the DownxSoft Downloads Site or with any terms, conditions, rules, policies, guidelines, or practices of DownxSoft Downloads in operating the DownxSoft Downloads Site, your sole and exclusive remedy is to discontinue using the DownxSoft Downloads Site.

Confidential Information

You authorize DownxSoft Downloads to collect from any party and to retain all relevant information relating to your use of the DownxSoft Downloads Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify DownxSoft Downloads to the contrary by e-mailing us, you further authorize DownxSoft Downloads to disclose, on a confidential basis, to any party with whom DownxSoft Downloads has business relations all relevant information relating to your dealings with us and the DownxSoft Downloads Site.

Indemnity

You agree to defend, indemnify and hold DownxSoft Downloads and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the DownxSoft Downloads Site or the Internet or the placement or transmission of any message, information, software or other materials on the DownxSoft Downloads Site or on the Internet by you or users of your account.

Trademarks

DownxSoft and other names, logos and icons identifying DownxSoft and DownxSoft’ products and services referenced herein are trademarks or registered trademarks of DownxSoft. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

DISCLAIMER

THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL DownxSoft BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.

Miscellaneous

This Agreement, including any and all documents referenced herein, constitute the entire agreement between DownxSoft Downloads and you pertaining to the subject matter hereof. DownxSoft Downloads’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of Israel.