Download89 Downloader End-User License Agreement
Please read and accept this Licensing Agreement before installing and using the software. If you are an individual, you must be of legal age or have parental consent. If you are acting on a behalf of a company, you must have full powers of attorney to enter into this agreement in the company’s name. By clicking on the 'Next' (or equivalent) button below, you will be expressing your acceptance of this agreement.
1. Purpose and technical context
Download89 Downloader is an executable Windows program that enables you to download computer programs.
You implicitly accept the terms and conditions herein, and that you know about Download89 Downloader - when you run Download89 Downloader. Advertiso GmbH reserves the right from time to time to update and amend this Software License.
In addition, if a sponsored software offer, like for example a toolbar, will be offered, it shall change the User’s home page, default search settings and 404-error traffic, in the event the User selects such options. The Download89 Downloader launches the installation of the downloaded software products.
The Download89 Downloader is not installed to the User’s computer, and the User must manually delete the Download89 Downloader executable.
Advertiso GmbH is the sole owner of the Download89 Downloader copyright.
Advertiso GmbH is the sole owner of the Download89 Downloader trade name, copyright and distribution rights. The copyright includes the 'look and feel' of the Download89 Downloader software. This agreement is a license to use Download89 Downloader and does not imply a transfer of ownership of the rights thereto.
You may not change, reverse engineer, disassemble or decompile Download89 Downloader.
A breach of any of the terms and conditions of this License shall be considered as a breach of this Agreement.
3. Warranties and liabilities
You shall use Download89 Downloader according to the terms and conditions herein. Advertiso GmbH shall not be liable for any damages arising from your use of Download89 Downloader in a manner contrary to this Software License.
Except for the statutory liabilities set forth in consumer legislation, you exonerate Advertiso GmbH from any liability arising from an improper execution of Download89 Downloader or the malfunction of Download89 Downloader arising from the manner in which you ran the software. The said exoneration from liability shall extend to Advertiso GmbH’s employees and management.
Advertiso GmbH states that this license to use Download89 Downloader does not infringe any previous agreement or current legislation.
Advertiso GmbH warrants that Download89 Downloader is not Spyware or Adware. Advertiso GmbH also warrants that Download89 Downloader does not show pop-ups or collect users’ personal data.
Advertiso GmbH does not guarantee the availability, continuity and failure-proof functioning of Download89 Downloader. Therefore, insofar as the law allows, this warranty does not include any damages arising from the lack of availability or discontinued functioning of Download89 Downloader and any services enabled with it.
Advertiso GmbH does not assume liability in the event of an unforeseeable circumstance or force majeure. Likewise, Advertiso GmbH shall not be liable for any causes beyond reasonable control, such as viruses and interference by third parties.
You shall not hold Advertiso GmbH liable for the intellectual property rights, distribution rights, integrity, quality and execution of the computer software downloaded with Download89 Downloader.
You state that you are aware that Advertiso GmbH may not have a relationship of any nature with the owners of the computer programs you download. You shall not hold Advertiso GmbH liable for any claims against you for your use or possession of the products downloaded with Download89 Downloader, including, but not limited to claims for libel, violations of publicity or data protection rights, intellectual property rights, trademark rights, and any other claim or complaint with regard to the content, quality and functioning of the said software.
The term of this Agreement commences with your acceptance hereof. Advertiso GmbH shall have the right to restrict, suspend or terminate this Agreement at its own discretion, either in full or in part, at any moment and for any reason, with no prior warning or liability.
This Agreement and, therefore, the License, shall terminate the moment you incur in a breach of the terms and conditions herein. You must delete any copies of Download89 Downloader in your possession at the time when this Agreement ends.
5. Use of tracking assets
Advertising on Advertiso GmbH’s sites includes Google AdSense, a system that uses 'cookies' to display publicity content that relates to the pages viewed by the User.
The User is free to de-activate and/or eliminate cookies by following their Internet browser instructions.
Google Analytics: http://www.google.com/intl/en_ALL/privacypolicy.html
Google Privacy: http://www.google.com/policies/privacy/
Advertiso GmbH does not spam and only handles data provided by the Users through electronic forms found on the Website or via email messages.
Advertiso GmbH tracks Pseudonymous Information such:
as your User ID, which is a unique ID code that is generated the first time you execute the Download89 Downloader;
File ID, which is the program the user wants to download;
The URL of the web page which you arrived from
Download89 Downloader Version, API Version;
A hash based on the IP address
for the purpose of verifying the correct execution of the software and to analyze any errors that occurred. This information is stored on servers controlled by Advertiso GmbH only for statistical purposes.
6. Applicable law and jurisdiction
This Software License and the execution of Download89 Downloader shall be governed in full by the laws of Germany. For any controversies arising from this Software License or the execution of Download89 Downloader, the parties submit to the jurisdiction of the courts and tribunals of the city of Hamburg.
Updated: January 17.01.2014