Terms & Conditions
THIS IS A LICENSE AGREEMENT BETWEEN YOU AND SOMOTO LTD. ("SOMOTO"). PLEASE READ CAREFULLY AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("TERMS") BEFORE ACCESSING THE WEBSITE AND DOWNLOADING THE SOFTWARE.
Somoto owns and operates FilesFrog.com, a software download web site that includes several download pages including the FilesFrog Downloads Home Page and other FilesFrog Downloads content (collectively, "FilesFrog”) subject to your compliance with the terms and conditions below.
THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND SOMOTO, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS
BY ACCESSING THE FILESFROG WEBSITE, 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 FILESFROG SITE.
While visiting the FilesFrog 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 FilesFrog 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 FilesFrog 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 FilesFrog 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.
Somoto has no obligation to supervise the FilesFrog Downloads Site but you agree that Somoto has the right to monitor the FilesFrog 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 FilesFrog Downloads Site properly, or to protect itself or its subscribers. Somoto will not intentionally monitor or disclose any private electronic-mail message unless required by law. Somoto 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.
Somoto cannot ensure or guarantee privacy for FilesFrog 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 Somoto and its affiliate and related companies shall be relieved of all liability in connection therewith.
Limitation of Liability
Somoto takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the FilesFrog Downloads Site. Further, Somoto makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the FilesFrog Downloads Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Somoto 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.
If you are dissatisfied with the FilesFrog Downloads Site or with any terms, conditions, rules, policies, guidelines, or practices of Somoto in operating the FilesFrog Downloads Site, your sole and exclusive remedy is to discontinue using the FilesFrog Downloads Site.
You authorize Somoto to collect from any party and to retain all relevant information relating to your use of the FilesFrog Downloads Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Somoto to the contrary by e-mailing us, you further authorize Somoto to disclose, on a confidential basis, to any party with whom Somoto has business relations all relevant information relating to your dealings with us and the FilesFrog Downloads Site.
You agree to defend, indemnify and hold Somoto and its software download site FilesFrog 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 FilesFrog Downloads Site or the Internet or the placement or transmission of any message, information, software or other materials on the FilesFrog Downloads Site or on the Internet by you or users of your account.
FilesFrog and other names, logos and icons identifying FilesFrog and FilesFrog products and services referenced herein are owned and / or trademarks or registered trademarks of Somoto. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
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 SOMOTO 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.
This Agreement, including any and all documents referenced herein, constitute the entire agreement between Somoto and you pertaining to the subject matter hereof. Somoto’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 the British Virgin Islands.