End User License Agreement
Turbo is a world-class software application for speed up internet
internet connection is required to use iNTERNET TURBO.
READ CAREFULLY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
("AGREEMENT") BEFORE PROCEEDING WITH OPERATION OF THE iNTERNET Turbo &™
SOFTWARE ("SOFTWARE") WHICH IS LICENSED HEREUNDER (NOT SOLD). BY
CLICKING THE "NEXT" BUTTON BELOW AND BY DOWNLOADING, INSTALLING OR USING
THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
TO TERMINATE SOFTWARE OPERATION. THIS AGREEMENT IS A LEGAL AGREEMENT
BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR
"LICENSEE") AND iNTERNET Turbo ("LICENSOR") REGARDING THE SOFTWARE.
LICENSE GRANT ("LICENSE")
Software is licensed, not sold. This agreement only gives you some
rights to use the Software. Licensor hereby grants to you, and you
accept, a nonexclusive license to use the Software only for purposes of
obtaining services from iNTERNET Turbo ("Services") and only as
authorized in this Agreement. The Software may be used only on a single
workstation and only on the original workstation in which it was
installed. Neither concurrent use on two or more computers nor use in a
local area network or other network is permitted.
Software is licensed as a single product. You may not separate the
components or install them on different devices. Other than the rights
expressly set forth in section 1.1 above, no other right or interest
whatsoever in or relating to the Software is transferred or granted to
Without limiting the foregoing, You may not (i) reverse engineer,
decompile, or disassemble the Software or any part of it, (ii) modify,
divide, part or revise the Software, or any part thereof, or otherwise
use parts, portions or elements of the Software, standing alone, (iii)
assign, sublicense, resell, transfer, pledge, loan, lease, rent, or
share your rights under this Agreement in whole or in part to any third
party, or (iv) remove any copyright notices. This Agreement shall
automatically terminate upon occurrence of any of the events set forth
in (i), (ii) (iii) or (iv) above.
time to time Licensor may, in its sole discretion, advise Licensee of
updates, upgrades, enhancements or improvements to the Software and/or
new releases of the Software (collectively, "Enhancements"), and may
allow Licensee to use such Enhancements upon and subject to payment of
prices as may be established by Licensor from time to time. All such
Enhancements to the Software provided to the End-User Licensee shall
also be governed by the terms of this License and the other terms of
expressly agree not to use the Software or the Services in a manner that
violates any law or regulation, or to facilitate the violation of any
law or regulation. You acknowledge that prohibited conduct includes, but
is not limited to, use of the Software or the Services to invade the
privacy of third parties, to transmit abusive, profane, libelous,
slanderous, threatening or otherwise harassing material, to transmit or
uploading any viruses, worms, ''Trojan Horses'' or other similar
materials onto the Service or the iNTERNET Turbo website, or to
reproduce, send or distribute to or through the Service any material
protected by copyright, privacy or other proprietary right without first
obtaining the written permission of the owner thereof. You expressly
agree not to damage, alter or modify the Software or the Service or any
the course of using the Software or the Service, text you create (which
may include personal or sensitive information) is forwarded to Licensor
for analysis. For information about use of personal information and
Certain versions of the Software may enable automatic text screening. If
such functionality is activated, all text input will be automatically
forwarded to Licensor for analysis. For more information about this
option, please contact Licensor email@example.com.
During the installation process, the software may collect certain
non-personally identifiable information about you, such as country,
language, version ID, setup ID, affiliate IDs, and installation date.
Other than this information, the software will not collect or maintain
any other personally or non-personally identifiable information about
Information designed to assist you in using the Software and the Service
can be accessed by clicking "Help" within the Software or by visiting
the iNTERNET Turbo website at
http://internet-turbo.com/help.html .If you require further
assistance, please contact us at
http:///www.internet-turbo.com/contact.html . If you would like to
uninstall the Software, please go to Control Panel in your computer,
click on "Uninstall a Program," and double click on "iNTERNET Turbo.
Please note that the serial key for the Software will remain in the
computer registry after the uninstall has been completed.
you are using a version of the Software that is not the most current
version, the Software may display pop-up advertisements when the
computer is started. In addition, the Software may display pop-up
advertisements at a maximum frequency of every twelve hours. Such pop-up
advertisements include an image with a link to iNTERNET Turbo website.
In addition, text advertisements for iNTERNET Turbo products or services
may be embedded in screens visible to the users of the Software.
acknowledge and agree that the Software is a proprietary product of the
Licensor, protected under copyright laws and any international copyright
treaties, patent law, trade-secrets law and other intellectual property
rights of general applicability.
further acknowledge and agree that between you and Licensor, all right,
title, and interest in and regarding the Software and all modifications
thereto or derivatives thereof, including associated intellectual
property rights, are and shall remain with Licensor.
Agreement does not convey to you an interest in or regarding the
Software, but only a limited right of use revocable in accordance with
the terms of this Agreement.
the removal of doubt, Licensor may remotely update the Software, and
Licensor may remotely terminate the use or operation of the Software
where it is within Licensor's rights to do so. In addition, Licensor may
you. Licensor may also offer you, from time to time, by e-mail or any
other means of communication, products or services offered by Licensor
or its partners.
terminate the License by destroying the Software and documentation and
all copies thereof, but no License fees will be refunded.
addition to all other legal rights and remedies, Licensor may terminate
this Agreement upon the breach of any term hereof. The provisions of
this Agreement that protect the rights of iNTERNET Turbo shall survive
termination of this Agreement.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 4, THE SOFTWARE
AND THE SERVICES AND ANY OTHER MATERIALS PROVIDED BY iNTERNET Turbo OR
THIRD PARTIES ARE PROVIDED "AS IS AND WITHOUT WARRANTY OF ANY KIND, AND
iNTERNET Turbo MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, NON-INFRINGEMENT OF THE SOFTWARE OR SERVICES, OR ANY
OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE
ACCURACY, TIMELINESS OR USEFULNESS OF THE SOFTWARE OR SERVICES.
LIMITED WARRANTY FOR PURCHASED PRODUCTS ONLY (NOT APPLICABLE TO FREE OR
Software will perform substantially in accordance with its
specifications, if any, for a period of thirty (30) from the date of
purchase. In the event of notification, within the warranty period, of a
failure of the Product to perform in accordance with such
specifications, your sole and exclusive remedy and Licensor or any
Software distributor's or dealer's sole and exclusive obligation shall
be, at Licensor's option either (i) to replace the Software so that the
Software will perform substantially in accordance with the
specifications, or (ii) to refund to you the amount paid by you for the
copies of the Software that you purchased. Copies of the Specifications
may be obtained from the Licensor upon request.
warranty does not cover any Software that has been purchased or obtained
other than from Licensor or its authorized resellers, altered or changed
in any way by anyone other than Licensor or used other than expressly
permitted under this Agreement.
Licensor is not responsible for problems associated with or caused by
incompatible operating systems or equipment, or for problems in the
interaction of the Software with software not furnished by Licensor.
DURING THE INSTALLATION PROCESS OF THE TRIAL VERSION OF THE SOFTWARE,
THE USER HAS AN OPTION OF INSTALLING ADDITIONAL APPLICATIONS FOR USE.
INSTALLING THESE APPLICATIONS TOGETHER WITH THE TRIAL VERSION OF THE
SOFTWARE IS OPTIONAL. In the course of installation process, Licensees
will be prompted to provide an email address for activation and
identification purposes only, unless licensee has agreed to receive
promotional emails as well.
oral or written information or advice given by Licensor or its dealers,
distributors, employees or agents shall in any way extend, modify or add
to the foregoing warranty.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN,
EXPRESS WARRANTY SET FORTH ABOVE, CONSTITUTES THE ONLY WARRANTY WITH
RESPECT TO THE SOFTWARE.
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE IS BORNE
BY THE LICENSEE. THE SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE
USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. LICENSEE HEREBY EXPRESSLY
AGREES NOT TO USE OR RELY ON THE SOFTWARE FOR ANY APPLICATIONS THAT MAY
RESULT IN ANY DAMAGE IF FAILED.
SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT
LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY
MEETS ITS REQUIREMENTS.
LICENSOR DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES
PERFORMED BY THE SOFTWARE OR BY THE SERVICE PROVIDED BY THE LICENSOR
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY
INFORMATION OR DATA RECEIVED ON OR THROUGH THE SOFTWARE OR RELATING TO
IT WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE
PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.
DOCUMENTS AND GRAPHICS IN THE SOFTWARE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. LICENSOR MAKES NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Licensor may, at its sole discretion, at any time, without prior notice
and temporarily or permanently:
terminate, limit or deny the Services;
change, reduce or limit the functionality and features of the Software
create different priorities or grades for different users;
introduce new features that may cause functionality change in earlier
condition the continuation of the License on your accepting Product
improvements, corrections, adaptations, or changes, or accepting revised
or new terms of License, as will be made available on or through the
iNTERNET Turbo website. iNTERNET Turbo shall notify its users through
the Software, by e-mail or through the iNTERNET Turbo website of changes
in this Agreement.
LICENSOR SHALL NOT BE LIABLE UNDER ANY CLAIM RELATED TO THE SOFTWARE,
INCLUDING CLAIMS IN RESPECT OF INFRINGEMENTS OF RIGHTS, INFRINGEMENT OF
PATENT, COPYRIGHT, REGISTERED DESIGN OR TRADEMARK AND OTHER INTELLECTUAL
5.2 IN NO
EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE USE OR
INABILITY TO USE, OR THE QUALITY OF, OF THE SOFTWARE OR SERVICES. IN NO
EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, DELAYS, LOSS
OF BUSINESS OR PROFITS OR BUSINESS INTERRUPTION), OR FOR LOST DATA,
DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE, OR MALFUNCTION, OR DOWNTIME,
REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR NOT
CUMULATIVE LIABILITY OF LICENSOR TO YOU FOR ALL CLAIMS RELATING TO THE
SOFTWARE, SERVICESOR TO THIS AGREEMENT, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, WILL BE LIMITED TO, AND IN NO EVENT SHALL
EXCEED, THE AMOUNT ORIGINALLY PAID BY YOU TO LICENSOR FOR THE LICENSE OF
COMPLIANCE WITH LAWS
Licensee shall be solely responsible to comply, at its own expense, with
local, state, national and international laws and regulations, including
without limitation laws regarding data protection, security and privacy
and with all governmental approvals, licenses, permits and
authorizations which may be required with regards to the Licensee's use
of the Software or Services.
Notwithstanding and without limiting any of the aforementioned, in no
case shall the Licensor be held liable for any liability arising out of
Licensee's failure to comply with any such laws, regulations, approvals,
licenses or authorizations.
Licensor's request, you agree to defend, indemnify and to hold harmless
Licensor, its licensors, officers, directors, shareholders and employees
from any losses, claims, liabilities or damages (including but not
limited to attorney's fees) which may arise from your use of the
Software or the Services and/or material obtained from or through the
Service or from your breach of this Agreement. Licensor is not
responsible for claims arising from use of the Software or Services or
your breach of this Agreement, including, without limitation, claims of
copyright infringement, patent infringement, misappropriation of trade
secrets, libel, slander, trade libel, defamation, harassment, invasion
of privacy or fraud.
Agreement does not grant any right, title or interest in connection with
any trademarks, service marks or other intellectual property owned by
the Licensor or any third party, and you agree that no such right, title
or interest shall be asserted by you with respect to such trademarks,
service marks or other intellectual property.
Agreement shall be construed and governed in accordance with the laws of
the State of New York, without giving effect to any principles of
conflicts of laws thereof, and the eligible courts of the State of New
York shall have exclusive jurisdiction over all disputes between the
Agreement sets forth all of your rights, and is the entire Agreement
between you and Licensor for the Software and Services. This Agreement
supersedes any other communications, representations or advertising
relating to the Software or Services.
any term of this Agreement be declared void or unenforceable by any
court of competent jurisdiction, such declaration shall have no effect
on the remaining terms hereof.
failure of either party to enforce any rights granted hereunder or to
take action against the other party in the event of any breach hereunder
shall not be deemed a waiver by that party as to subsequent enforcement
of rights or subsequent actions in the event of future breaches.
RESERVATION OF RIGHTS
rights not expressly granted herein are reserved by Licensor.
attempt by Licensee to sublicense, assign or transfer any of the rights,
duties or obligations hereunder is void ab initio.
ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES
TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT
THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN LICENSEE AND LICENSOR AND SUPERCEDES ANY PROPOSALS OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
acknowledges that Licensor's Software integrates third parties'
software, to which the Licensor has been granted a license with the
right to sub license to further sub-licensee. Therefore, all Licensees'
obligations under this Agreement shall be deemed to have been given by
the Licensee both to the Licensor and to such third parties.
to you may be made by email to the email address provided at
registration, regular mail or through the Services.