These Terms are only for the Website. The Website is owned and operated by EZ Freeware, LLC ("EZ" "we," "us" or "our"). EZ is a limited liability company organized under laws of the State of Delaware, United States. All users (the "User" or "you") of this Website are subject to these Terms. Use of the Website means acceptance of these Terms. If you do not agree with the Terms, do not use the Website. We can change the Terms at any time in our sole business discretion. Please check these terms periodically for changes. Check often if you visit the Website often. Your use of the Website after changes to the Terms have been posted will be treated as your acceptance of those changes. If you do not like the changes, do not use the Website any more.
Ownership and Control: EZ and its licensors own and control the Website and all of its text, logos, graphics, pictures, icons, data, computer programs, files and other material. The Website is protected by United States and International intellectual property rights laws. EZ grants you a limited, non-exclusive, non-transferable, right and license to access and use the Website for your personal or business purposes. You may not rent, sell, transfer, lease, or grant access to the Website for any third parties. You may not copy, attempt to modify, or create derivative work from the Website. EZ reserves ownership and control over all intellectual property rights not licensed to you in these Terms.
Submissions to the Us or the Website: If you send us any questions about the Website via email, telephone, or other means, we may store and maintain such information indefinitely. We also may disclose the information to third parties for any business reason we determine.
Software Downloads: Use of software applications downloaded from the Website will be governed by a product license agreement (a "License"). You must agree to the License terms as a condition of downloading any software products. The products may include open source software tools, applications, or components ("the "Open Source") which are subject to separate Open Source license terms as stated in the License. The Website or License provides specific information on the Open Source and the license terms governing the use of this software.
Special Offers for Users: EZ may offer Users who download its software applications such as the Free Editor application the opportunity to download additional free software. The additional free software is usually distributed or offered on behalf of EZ's contractors. If you accept an offer to download additional free software, EZ will receive a fee from the contractor. These Terms will not govern your use of any free software you receive from an EZ contractor. The contractor will generally require you to accept separate application terms prior to the download or installation of the software.
The Website is Not for Children: EZ has not designed and does not want the Website used by Children. If you are under 13, you may not submit or post any personally identifiable information to the Website or to EZ.
Termination: EZ may terminate your access and use of the Website for: (a) violations of these Terms; (b) abuse of Website resources or an attempt to gain unauthorized entry to the Website administrative features or equipment; or (c) as required by law or legal process. The termination of a User's access to the Website may happen without prior notice or warning in any form in EZ's sole business discretion. EZ is not be liable for any such termination. EZ reserves the right to delete or save a User's content upon a termination as it may determine in its discretion.
Links: The Website may contain links to other websites which EZ does not own or control. EZ is not responsible or liable for the operation or content available on such other websites. Your use of other websites is at your own peril. EZ has not liability to you for any harm or loss of data that happen while you are using other websites.
No Warranty: YOUR WEBSITE USE OR THE ACCEPTANCE OF ANY OFFERS FROM EZ OR ITS CONTRACTORS ARE AT THE USER'S SOLE PERIL. THE WEBSITE AND THE OFFERS ARE PROVIDED "AS IS" AND "AS AVAILABLE." EZ MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Trademark Rights: "Free Opener" is a trademark of EZ. Any other trademarks, service marks, product names, graphics, and logos on the Website are the property of their respective owners. Your use of the EZ trademarks without our prior written consent is strictly prohibited.
Copyrights: EZ will respond promptly to any claims that the intellectual property rights of any third party are being violated via the Website. EZ abides by all applicable intellectual property laws and regulations of any legal jurisdiction or authority. If you believe your rights are being violated via the Website, notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) the identification of the copyrighted work in question; (c) the identification of the material that you claim infringes the copyrighted work and additional information as may be reasonably required for EZ to locate the work, including the full URL; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner or applicable law; and (f) a statement that, under penalty of perjury, the information in your notice is accurate and that you are the copyright owner or you are authorized to act for the lawful copyright owner.
Addressing Copyright Issues: Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
Chris Miller, Copyright Officer
584 Market St. #44979
San Francisco, CA 94104
Liability Limitations: EZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM ANY USE OR INABILITY TO USE THE WEBSITE BY ANY PERSON, OR BY ANY SOFTWARE APPLICATIONS, PRODUCTS, OR OFFERS RECEIVED THROUGH THE WEBSITE. IF A LEGAL JURISDICTION OR COURT WILL NOT ALLOW THE EXCLUSION OF ANY WARRANTIES OR THE LIMITATION OR EXCLUSION OF DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction: The Terms and the contractual agreement between you and EZ are governed by the laws of the State of California. No conflict of law provisions of any jurisdiction will apply. Each party shall submit to the personal and exclusive jurisdiction of the courts located in San Mateo or Santa Clara Counties, California.
Severance of Terms: If any portion of the Terms are judged to be invalid by a court of competent jurisdiction, you and EZ still agree that the court shall give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in valid and effective.
No Agency: These terms do not create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between EZ and any User.
Copyright © 2011-2012 EZ Freeware, LLC. All rights reserved.