Legal & Policies
installCore Terms of Service | installCore

Last updated on June 10, 2015

 

 

Important information - please read carefully: These terms of use ("Terms of Use") set forth the basis on which you (either an individual or an entity) are permitted to use our proprietary InstallCore delivery and installation platform SDK ("InstallCore Platform") provided to you by IronSource Ltd. ("us" or “our” or “we” or “Company”). These Terms of Use shall govern any and all kind of use and features offered via the InstallCore Platform as may become available from to time to time. Please read these Terms of Use carefully before using the InstallCore Platform.

 

BY USING THE INSTALLCORE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE DO NOT USE THE INSTALLCORE PLATFORM OR ANY PART THEREOF IN ANY MANNER WHATSOEVER.

Your use of the InstallCore Platform is expressly conditioned on your compliance and consent with these Terms of Use. By accessing or using the InstallCore Platform, you are indicating that you agree to be bound by these Terms of Use. We reserve the right to amend, discontinue, limit, disable, terminate or cancel any feature of the InstallCore Platform.

 

You may not use the InstallCore Platform if you are under 13 years of age or if you are not the owner or approved administrator of the computer on which you activated the InstallCore Platform.

 

As a condition precedent to the use of the InstallCore Platform and services as provided herein, you also agree to be bound by the Privacy Policy.

 

INSTALLCORE PLATFORM. The InstallCore Platform is a delivery and installation platform which performs and optimizes the installation of software applications developed or published by us or by independent software vendors ("Vendors" and "Vendor Software" respectively). During your installation of software provided by us or a Vendor, we may offer you to install additional software products and/or mobile applications, developed or published by other Vendors. In addition, we may offer you to change your home page or your default search provider. You may decline any of our offers or decide to cancel the installation.

 

Please note that only offers which received your advance permission and consent (through opt-in or opt-out mechanism, as determined solely by us) shall be installed on your computer ("Approved Offers"). For the avoidance of doubt, These Terms of Use govern solely your relationship with us, and not with any Vendors. Accordingly, These Terms of Use govern solely your use of the InstallCore Platform, and not your use of any Vendor Software or any of the Approved Offers.

 

For information regarding the Vendors or the Approved Offers and your contractual rights and obligations with respect to any transaction with the Vendors or your use of the Approved Offers, please refer to the applicable terms of service or license agreements governing such transaction or use. Before using the Vendor Software or the Approved Offers, we recommend that you read and understand the applicable terms and conditions of such software or services and privacy policies and ensure that you agree to their terms. You acknowledge that we are not responsible for the Vendor Software or the Approved Offers or for the content or privacy practices of the Vendors, and that These Terms of Use do not apply to any Vendor Software or Approved Offers or to other third party products and services. You knowingly and voluntarily assume all risks of using the Vendor Software or the Approved Offers. You agree that we shall have no liability whatsoever with respect to the Vendor Software or the Approved Offers and your usage of them

 

Please note that after initiating the installation process, you may not stop InstallCore Platform's operation, except with the designated 'cancel' button.  Please note that some software may have already been installed or be in the process of being installed when you stop the installation process at certain stages of the installation. Installation processes already started or completed cannot be reversed by the InstallCore Platform and you will need to reverse the installation process through your operating system.

 

RESTRICTIONS ON USE. You may not: (i) copy, distribute, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the InstallCore Platform; (ii) except as permitted herein, share or permit other individuals or entities to use the InstallCore Platform, rent, lease or transfer the InstallCore Platform or rights to use it; (iii) delete or modify any attributions, legal notices or other proprietary designations or labels on the InstallCore Platform, or on any third-party software/material contained therein; (iv) use the InstallCore Platform by itself or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the InstallCore Platform; (v) use the InstallCore Platform to install the Vendor Software or the Approved Offers in the background or remotely; or (vi) damage, interfere, disrupt or harm the Company, the InstallCore Platform, or any of the Vendors in any way. Any such forbidden uses shall immediately and automatically terminate your right to use the InstallCore Platform, without derogating from any other remedies available to the Company at law or in equity.
 
TITLE AND OWNERSHIP. You acknowledge and agree that the InstallCore Platform, including any revisions, corrections, modifications, enhancements or upgrades thereto, accompanying materials, and any copies you are permitted to make under these Terms of Use are owned by the Company or its licensors, and are protected under copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the InstallCore Platform, including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in or attached or connected or related to the InstallCore Platform, are and shall remain owned solely by the Company or its licensors. These Terms of Use do not convey to you any interest in or to the InstallCore Platform, but only a limited, revocable right of use in accordance with the terms of these Terms of Use. Nothing in these Terms of Use constitutes a waiver of our intellectual property rights under any law.

The InstallCore Platform logo and trademarks are trademarks of the Company and no right, license, or interest in any such trademarks is granted hereunder.

Please note that we do not grant you any rights in the Vendor Software or the Approved Offers and to the extent any rights are granted to you, they will be set out in the applicable terms of service or license agreements governing such Vendor Software or Approved Offers.

 

CHANGES TO YOUR COMPUTER. You hereby grant us permission to install the Vendor Software and the Approved Offers, including collateral software required to execute such software, as determined by the relevant Vendor. You acknowledge that software installation processes often require registry changes, as determined by the relevant software developer as well as access to the Internet, which shall be made at your sole expense. If you cancel the installation process, a shortcut will be added to your computer’s desktop (unless you choose otherwise) to enable you to restart the install process should you wish to do so. This shortcut, and its associated file, can be safely deleted from your temp directory. The installer for the Vendor Software will be saved to your “downloads” folder or any other designated folder to allow you to install the Vendor Software immediately, or at a later time. Any Approved Offers will be installed immediately with no further interaction required.

 

Upon completion of the installation process an online landing page (such as a "Thank You Page") may be displayed via your default web browser.

 

PRIVACY POLICY. You acknowledge and agree that by your access and use of the InstallCore Platform, we may collect or retain non-personally identifiable information. We shall treat such information in accordance with the Privacy Policy located at https://www.installcore.com/legal/privacy/, the provisions of which are adopted herein by reference, so when we refer to the Terms of Use we also refer to the Privacy Policy.

 

ADVERTISEMENTS. You understand and agree that your use of the InstallCore Platform is supported by advertising. Therefore, during your use of the InstallCore Platform you will be presented with third party advertisements. The Company has no control and takes no responsibility for the content of these advertisements and the sites or applications to which they may direct. Because we have no control over such sites and applications, you acknowledge and agree that the Company is not responsible for the availability of such external sites or applications, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or applications. The products and services available through the third party advertisements are each subject to their respective terms and conditions or agreements and you are cautioned and you are cautioned to carefully read the terms and conditions of any external sites or applications offered by such third parties.

 

CHANGES TO INSTALLCORE PLATFORM OR TERMS OF USE. We may change, modify, suspend, or discontinue any aspect of the InstallCore Platform or related services at any time. We may also impose limits on certain features or restrict your access to parts or all of the InstallCore Platform without notice or liability. Company reserves the right, at its sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of these Terms of Use at any time, including without limitation the availability of any feature of the InstallCore Platform. Material changes will be disclosed to you through a patch process, by email, or through website posting. Your continued use of the InstallCore Platform, following any revision of the InstallCore Platform or these Terms of Use, constitutes your complete and irrevocable acceptance of any and all such changes.

 

WARRANTY DISCLAIMER. THE INSTALLCORE PLATFORM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE INSTALLCORE PLATFORM REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE INSTALLCORE PLATFORM WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

 

EXCLUSION OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMAPNY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

 

LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE INSTALLCORE PLATFORM. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH SUCH INSTALLCORE PLATFORM IS TO IMMEDIATELY DEINSTALL OR CEASE USE OF THE INSTALLCORE PLATFORM.
THE COMPANY'S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE  TERMS OF USE SHALL NOT EXCEED THE AMOUNT PAID BY YOU.

 

INDEMNIFICATION. You agree to fully indemnify, defend and hold the Company, its affiliates and licensors and their respective companies, and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (a) any breach of these Terms of Use by you; (b) any violation by you of any law or the rights of any third party; or (c) any use by you of the InstallCore Platfrom or use by any other person accessing the InstallCore Platfrom using your user identification, whether or not with your authorization.

 

MISCELLANEOUS. THE COMPANY'S ACCEPTANCE OF YOUR USE OF THE INSTALLCORE PLATFORM, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of these Terms of Use is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Except for disputes relating to the Company's intellectual property (such as any patents (registered or pending), copyrights, trade secrets, designs or trademarks) ("Excluded Disputes"), you agree that all disputes between you and the Company (whether or not such dispute involves a third party) with regard to your relationship with the Company, including without limitation disputes related to these Terms of Use, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and the Company hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's claim, if the Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Notwithstanding any other provision under applicable law, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

 

You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with the Company.

 

These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with the Company exclusively in a state or federal court located in New York County, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the InstallCore Platform is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.

 

CONTACT US. If you have any questions (or comments) concerning these Terms of Use, you are most welcomed to send the Company an e-mail at:  legal@installcore.com  and we will make an effort to reply within a reasonable timeframe.
I HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY ALL OF ITS TERMS.