iBoostUp download page
END USER LICENSE AGREEMENT FOR IBOOSTUP PRODUCTS
IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all
of the rights and restrictions described in this End-User License
Agreement ("EULA"). You will be asked to review and either accept or
not accept the terms of the EULA. This software will not install on your
computer unless or until you accept the terms of this EULA.
Your click of the "I accept the agreement" button is a symbol of your
signature that you accept the terms of the EULA. For your reference, you
may refer to the copy of this EULA that can be found in the Help for
This EULA is a legal agreement between you (either an individual or a
single entity) and iBoostUp for the iBoostUp software accompanying this
EULA, which includes the accompanying computer software, and may include
associated media, printed materials and any "online" or electronic
documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of
this EULA, you may not install or use the SOFTWARE.
SOFTWARE PRODUCT LICENSE The SOFTWARE is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
i) Software - You may install, use, access, display, run, or otherwise
interact with ("RUN") one copy of the SOFTWARE, on a single computer,
workstation, terminal, handheld PC, pager, "smart phone," or other
digital electronic device ("COMPUTER"). The primary user of the COMPUTER
on which the SOFTWARE is installed may make a second copy for his or her
exclusive use on a portable computer. You may also copy, post and
otherwise distribute the iZip download package containing the SOFTWARE;
provided that you keep the package intact and do not delete or revise
any portion of such package.
ii) Storage/Network Use - You may also store or install a copy of the
SOFTWARE on a storage device, such as a network server, used only to RUN
the SOFTWARE on your other COMPUTERS over an internal network; however,
you must acquire and dedicate a license for each separate COMPUTER on
which the SOFTWARE is RUN from the storage device. A license for the
SOFTWARE may not be shared or used concurrently on different COMPUTERS.
iii) Reservation of Rights - All rights not expressly granted are
reserved by iBoostUp.
iv) Accessing Services Using the SOFTWARE - Your use of any service
accessible using the SOFTWARE is not covered by this EULA and may be
i) You must maintain all copyright notices on all copies of the
ii) Limitations of Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE,
except and only to the extent that such activity is permitted by
applicable law notwithstanding this limitation.
iii) Rental. You may not rent or lease or lend the SOFTWARE.
iv) Software Transfer. You may permanently transfer all of your rights
under this EULA one time, provided you retain no copies, you transfer
all of the SOFTWARE (including all component parts, the media and
printed materials, any upgrades, this EULA and, if applicable, the
Certificate of Authenticity), you do not receive any payment or other
compensation for transferring the SOFTWARE and the recipient agrees to
the terms of this EULA. If the SOFTWARE portion is an upgrade, any
transfer must include all prior versions of the SOFTWARE.
v) Support Services. iBoostUp may provide you with support services
related to the SOFTWARE ("Support Services"), in its discretion. Use of
Support Services, if any, is governed by the Codeius policies and
programs described in the user manual, in "online" documentation, and/or
other iBoostUp-provided materials. Any supplemental software code
provided to you as a part of Support Services shall be considered part
of the SOFTWARE and subject to the terms of this EULA. With respect to
technical information you provide to iBoostUp as part of the Support
Services, iBoostUp may use such information for its business purposes,
including for product support and development. iBoostUp will not utilize
such technical information in a form that personally identifies you
except to the extent necessary to provide you with support.
vi) Replacement, Modification and Upgrade of the Software. iBoostUp
reserves the right to replace, modify or upgrade the SOFTWARE at any
time by offering you a replacement or modified version of the SOFTWARE
or such upgrade and to charge for such replacement, modification or
upgrade. Any such replacement or modified software code or upgrade to
the SOFTWARE offered to you by iBoostUp shall be considered part of the
SOFTWARE and subject to the terms of this EULA (unless this EULA is
superceded by a further EULA accompanying such replacement or modified
version of or upgrade to the SOFTWARE). In the event that iBoostUp
offers a replacement or modified version of or any upgrade to the
SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your
acceptance of such replacement or modified version of or upgrade to the
SOFTWARE and any accompanying superceding EULA and (b) in the case of
the replacement or modified SOFTWARE, your use of all prior versions of
the SOFTWARE is terminated.
3. TERMINATION. Without prejudice to any other rights, iBoostUp may
terminate this EULA if you fail to comply with the terms and conditions
of this EULA. iBoostUp may terminate this EULA by offering you a
superceding EULA for the SOFTWARE or any replacement or modified version
of or upgrade to the SOFTWARE and conditioning your continued use of the
SOFTWARE or such replacement, modified or upgraded version on your
acceptance of such superceding EULA. In addition, iBoostUp may terminate
this EULA by notifying you that your continued use of the SOFTWARE is
prohibited. In the event that iBoostUp terminates this EULA, you must
immediately stop using the SOFTWARE and destroy all copies of the
SOFTWARE and all of its component parts.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE
(including but not limited to any images, photographs, animations,
video, audio, music, text and "applets," incorporated into the
SOFTWARE), the accompanying printed materials, and any copies of the
SOFTWARE, are owned by the respective content owner. All title and
intellectual property rights in and to the content which may be accessed
through use of the SOFTWARE is the property of the respective content
owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such
content. If this SOFTWARE contains documentation which is provided only
in electronic form, you may print one copy of such electronic
documentation. You may not copy the printed materials accompanying the
5. DISCLAIMER OF WARRANTIES. IBOOSTUP AND ITS SUPPLIERS PROVIDE THE
SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE
EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET
ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE
OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
6. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL IBOOSTUP OR ITS SUPPLIERS BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE,
FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF IBOOSTUP OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE
EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. LIMITATION AND RELEASE OF LIABILITY. To the full extent allowed by
law, YOU HEREBY RELEASE IBOOSTUP AND ITS SUPPLIERS FROM ANY AND ALL
LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE
OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of
this EULA, do not install the SOFTWARE.
8. LAW AND FORUM. This Agreement shall be governed by and construed in
accordance with the laws in force from time to time in the State of
South Australia and the Commonwealth of Australia and in the event of
any claim or dispute arising in relation to this agreement the State and
Federal Courts sitting in the State of New South Wales shall have
exclusive jurisdiction to hear and determine the claim or dispute.
9. QUESTIONS. Should you have any questions, or if you desire to
contact iBoostUp for any reason, please contact us online at
http://www.iboostup.com/ or attention: iBoostUp Pty Ltd, PO Box H301,
Australia Square NSW 1215, Australia