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SoftwareNest Terms and Conditions of Use
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Terms and Conditions of Use

Softwarenest.com is a free-to-try and free software library for Windows, Macintosh, Mobile and Linux, games and drivers. The services offered by Softwarenest.com ("Softwarenest" or "we" or "us" or "our" or "Softwarenest.com") include the main website, and an IT-related blog. Our services are hosted in the USA. These Terms of Use ("Terms" or "Agreement") govern your use of any Softwarenest website or service (collectively, the "Services") that includes an authorized link to these Terms.

By accesing this site, or by submitting an order for software or other products or services advertised on this site, YOU AGREE to be BOUND by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use this site or any of our services. Softwarenest reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Softwarenest Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Softwarenest services will be deemed acceptance thereof. The most current version of the Terms, will be linked from each of the services. By using any of these Services you accept these Terms.

    1. Privacy Policy; Additional Terms
    2. Eligibility
    3. Registration and Access Controls
    4. Intellectual Property; License
    5. Third-Party Content
    6. Acceptable Use
    7. Software Purchase
    8. Site Access; Account Deletion
    9. Indemnification
    10. Disclaimers; Limitation of Liability
    11. Governing Law, Venue, and Jurisdiction
    12. Miscellaneous
    13. Piracy


    1. Privacy Policy; Additional Terms

    Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services and you consent to our use of data in compliance with the Privacy Policy.

    Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.

    Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

    2. Eligibility

    Softwarenest Services' use, as well as Membership is void if prohibited. By using the Softwarenest Services, you represent and warrant that:
    a) all registration information you submit is truthful and accurate and you will maintain the accuracy of such information;
    b) you are at least 13 years old (in compliance with COPPA). Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age and you do not comply with the rules stated above;
    c) your use of the Softwarenest Services does not violate any applicable law or regulation;
    d) you are the developer or the owner of all software or any other content that you send to us;

    3. Registration and Access Controls

    You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

    4. Intellectual Property; License

    All web site design, text, graphics, logos, images, icons, and the selection and arrangement thereof, underlying source code and object code, and all other material on this web site (hereinafter referred to as the "Material") together with the domain name "Softwarenest.com" are the sole property of Softwarenest.com. This web site is protected by worldwide copyright laws and treaties. Softwarenest.com 2012. All rights reserved.

    Permission is granted to electronically copy, download, store and print in hard copy form portions of the Material for the limited purposes of registering as an author, registering new software or other products, placing an order for such products and maintaining your own personal records. You may not republish, retransmit, redistribute, modify, reverse engineer, upload or otherwise make the Material available to any other party or make the same available in hard copy or on any other media without the prior written permission of Softwarenest.com.

    COPYRIGHT TO ALL THE SOFTWARE PRODUCTS OR OTHER PRODUCTS REFERRED TO ON THIS WEB SITE ARE HELD BY THE RESPECTIVE AUTHORS OF SUCH PRODUCTS.

    Individuals who believe they have identified a case of copyright of intellectual property infringement in materials available on Softwarenest and wish to have that content removed may contact us by email at legal@softwarenest.com and submit a request conforming to the DMCA guidelines. Provided with proper notification and documentation, Softwarenest will remove any Submission that infringes upon the intellectual property rights of another.



    5. Third-Party Content

    We occasionally provide third party content or link to third party websites on the Services. When you access a web site not owned and maintained by Softwarenest.com, please understand that it is independent from Softwarenest.com, and that Softwarenest has no control over the content on that web site. In addition, a link to a Softwarenest web site does not mean that Softwarenest endorses or accepts any responsibility for the content, or the use, of such web site. You should review third parties' terms of use and privacy policies before you use their services.


    6. Acceptable Use

    The following is a list of the kind of Content that is illegal or prohibited to post on or through the Softwarenest Services. Softwarenest.com reserves the right to investigate and take appropriate legal action against anyone who, in Softwarenest.com's sole discretion, violates this provision. Prohibited Content (the list is not limited and can at any time be subject to alteration by Softwarenest at its sole discretion) includes content that:
    - is offensive and promotes racism, bigotry, hatred, physical harm or harassment of any kind against any group or individual; 
    - exploits people in a sexual or violent manner; 
    - contains nudity, violence, or offensive subject matter or contains a link to an adult website; 
    - promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 
    - promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing pirated music or links to pirated music files; 
    - involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 
    - furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 
    - solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 
    - involves commercial activities and/or sales without our prior written consent; 
    - covers or obscures any of the Softwarenest marks when using Softwarenest services;
    - is automatically created by any sort of script meant to add friends or send comments or messages; 
    - involves using the account, username, or password of another Member at any time;
    - means in any way using the Softwarenest Services in a manner inconsistent with any and all applicable laws and regulations. 



    7. Software Purchase

    All software and products available to purchase on Softwarenest.com are sold by third parties. Softwarenest makes no representations or warranties of any kind concerning the quality, safety or suitability of the software, either expressed or implied, including without limitation any implied warranties or merchantability, fitness for a particular purpose, or non-infringement. 

    Softwarenest will not provide any support regarding technical, financial, returns or any other problems that may arise from purchasing any software or product through our web site. The contract entered into by you for the purchase of a software or other products made available via or on this web site will be with the supplier of such products and not with Softwarenest.com. You should refer to such supplier's terms and conditions of sale for the terms of contract you enter into with the supplier. Your credit card transaction will be proccessed by said supplier on behalf of the person or company supplying the product ordered by you. Softwarenest.com does not create, manufacture, endorse or sponsor any of the products available via or on this web site.



    8. Site Access; Account Deletion

    We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

    - Restrict or terminate your access to the Services;
    - Change or discontinue the Services;
    - Deactivate your accounts and delete all related information and files in your accounts;
    - Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

    We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.

    If you do not agree to these Terms, you should immediately stop using our Services.If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account.
    Sections 9-12 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

    9. Indemnification

    You agree to indemnify and hold Softwarenest, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Softwarenest services, the violation of these terms and conditions by you, or the infringement by you, or other user of the web site using your computer, of any intellectual property or other right of any person or entity. Softwarenest retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 8 without our prior written approval.


    10. Disclaimers; Limitation of Liability

    The information, services and products available to you on this Website may contain errors and are subject to periods of interruption. Softwarenest is not responsible for any inaccurate content, whether it is caused by Users or by any equipment or malfunction related to Softwarenest Services. Moreover, Softwarenest is not responsible for the functioning of any of the links to related websites (including ease of downloading programs, procedure to follow in order to buy any item). 

    SOFTWARENEST PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SOFTWARENEST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SOFTWARENEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

    IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.

    All software titles available for download or purchase through Softwarenest.com are provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and the end user. Softwarenest disclaims any responsibility for or liability related to any and all software titles. Any questions complaints or claims related to a software title should be directed to the appropriate Author or Company responsible for creating and or distributing the software. 

    The software is provided by Softwarenest "as is" and "with all faults". Softwarenest makes no representations or warranties of any kind concerning the quality, safety or suitability of the software, either expressed or implied, including without limitation any implied warranties or merchantability, fitness for a particular purpose, or non-infringement. 

    Softwarenest makes no representations or warranties as to the truth, accuracy or completeness of any statements, information or materials concerning the software that is contained on and within Softwarenest. 

    In no event will Softwarenest be liable for any indirect, punitive, special, incidental or consequential damages however they may arise and even if Softwarenest have been previously advised of the possibility of such damages. 

    There are inherent dangers in the use of any software available for download on the Internet, and Softwarenest cautions you to make sure that you completely understand the potential risks before downloading any of the software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software, and Softwarenest will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the software. 

    Although Softwarenest.com has a strict policy of checking all software made available for downloading using up-to-date virus scanning technology, you should understand that Softwarenest.com cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or Viruses, Worms, Trojan horses or other code that manifest contaminating or destructive properties (this applies to the software with the distinctive sign "100% VIRUS FREE" as well). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.



    11. Governing Law, Venue, and Jurisdiction

    These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of Romania. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

    With respect to any disputes or claims not subject to arbitration, you agree to exclusive jurisdiction in the courts in Romania. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

    Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.


    12. Miscellaneous

    We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

    13. Piracy

    We at Softwarenest DO NOT TOLERATE the promotion or distribution of any form of pirated software, keygens, cracks, serial numbers, product registration codes or any other method of obtaining or enabling an illegally copied piece of software. Likewise we do not allow you to provide said methods or tools on any of our services.



    14. Questions regarding the Terms of Use

    Any doubts or question related to this Agreement can be sent by email to legal@softwarenest.com.


     


    Date: 14th February 2012




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