Privacy Policy

Last update: May 2013

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING INSTAIR


1. License Grant:
This “Instair” is only intended for private use on a single PC. The Copying of the complete program package and the transferring for a strictly private use is allowed. The commercial or professional use of the free “Instair” is allowed, too. Subject to the terms of this Agreement, Instair grants to Licensee a personal, non-exclusive, non-transferable license for the “Instair”, without the right to sublicense, to install and execute one (1) copy of the “Instair”, in accordance with its documentation, on up to two (2) computers.


2. Restrictions on Use:
Except as expressly permitted in Section 1 (License Grant) (if at all), Licensee may not (a) copy, translate, modify, reverse engineer, decompile, disassemble, create derivative works of, or otherwise use the Software or any part thereof, (b) distribute, sell, assign, pledge, sublicense, lease, loan, use for service bureau purposes, rent, or otherwise transfer the Software or any part thereof in any form to another person, (c) remove from the Software, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings to the Software. Instair does not grant to Licensee any express or implied licenses or rights to any enabling technologies or systems that may be necessary to use the Software.


3. Ownership:
The Software is licensed (for free), not sold, and Licensee agrees that the Software and all intellectual property and proprietary rights therein are owned by Instair. Instair reserves title and all right and interests in and to the Software not expressly granted to Licensee in Section 1 (License Grant), including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this Agreement, and all rights not expressly granted are reserved by Instair.


4. No Warranties:
THE SOFTWARE IS PROVIDED AND LICENSED TO LICENSEE “AS IS”. Licensee assumes the entire risk as to, and acknowledges that License relies solely at Licensee’s own risk on, results and performance arising out of the use of the Software. Should the Software prove to have defects in any way, Licensee assumes the entire cost of all servicing, rep or correction arising in connection with such defects. INSTAIR DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, INSTAIR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES THAT THE SOFTWARE, INSTAIR’S EFFORTS, OR ANY SYSTEM WITH WHICH LICENSEE WILL USE THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE SOFTWARE OR WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE ASSUMES THE RESPONSIBILITY FOR THE SELECTION OF LICENSEE’S REQUIREMENTS, SOFTWARE, AND HARDWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to Licensee, in which case the duration of any such implied warranties is limited to thirty (30) days from the date the Software is first downloaded by Licensee. In case of breach of such implied warranties, Instair’s sole and exclusive obligation and liability and Licensee’s sole and exclusive remedy will be, at Instair’s sole discretion, to (i) repair, correct, or work around any defect; (ii) provide a replacement copy of the Software; or (iii) terminate this Agreement and issue Licensee a refund of any fees that Licensee may have paid Instair for the Software (if any).


5. Limitation of Liability:
INSTAIR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY EFFECTS, OUTCOME, FOLLOW-UP OR IMPACT CAUSED IN THE PUBLIC (E.G. SOCIAL NETWORKS) BY USING CLICKTO. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL INSTAIR BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS , OR DAMAGES RESULTING FROM LICENSEE’S USE OF THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY.


6. Indemnification:
Licensee agrees to indemnify and hold Instair harmless from and against all damages, liabilities, losses, costs and expenses arising from or relating to Licensee’s use or misuse of the Software or Licensee’s breach of this Agreement.


7. Term and Termination:
The term of this Agreement will commence upon Licensee’s clicking of the “INSTALL” button and will continue until terminated as specified in this Section 7 (Term and Termination). Licensee may terminate this Agreement any time by destroying all copies of the Software in Licensee’s possession and by discontinuing all use of the Software. Instair may terminate this Agreement and without prior notice take appropriate technical measures to effect such termination in the following cases:
(a) Licensee fails to comply with the terms of this Agreement;
(b) Licensee distributes the Software without prior authorization by Instair; or
(c) Licensee’s use of the Software gives rise to any legal action against Instair or its officers, directors, employees or agents.

Any termination by Instair pursuant to this Section 7 (Term and Termination) will be exercised without limiting any other rights or remedies of Instair. Upon termination of this Agreement, the license granted in Section 1 (License Grant) will terminate and Licensee must immediately destroy all copies of the Software in Licensee’s possession or control. Some Sections of this Agreement will survive termination.


9. SOFTWARE NOT INTENDED FOR HIGH-RISK ACTIVITIES:
The Software is not designed, manufactured or intended for use as online equipment control equipment in hazardous environments requiring fail-safe performance, such as, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. INSTAIR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY HIGH RISK USES LISTED ABOVE.


10. Customer Support:
Instair does not provide any support via phone. Please ask for further information about Instair support at contact@instair.net.


11. Miscellaneous:
Nothing contained herein will be construed to create any agency, employment, partnership, principal-agent relationship, or other form of joint enterprise between the parties. No waiver or modification of the Agreement will be valid unless signed by each party. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. The headings in this Agreement do not affect its interpretation. Licensee may not assign or transfer any of Licensee’s rights or obligations under this Agreement to a third party without the prior written consent of Instair. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning. Instair may assign this Agreement without consent to any third party. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Notices to Instair must be sent to the following address, and will be deemed effective three (3) days after certified mailing, return receipt requested:

Instair at FLAT 2,19/F HENAN BUILDING,90-92 JAFFE RD WANCHAI,HONG KONG

Notices to Licensee may be sent to Licensee’s e-mail address and will be deemed effective upon arrival at Licensee’s e-mail server.

Instair may modify or amend this agreement at any time by providing you notice of the modification or amendment, and by installing, copying or using the Software after any such modification or amendment, you agree to be bound thereby.
This Agreement is governed by the laws of Hong Kong without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of courts located in Hong Kong.
This Agreement is the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.
You acknowledge that you have read this agreement, that you understand it, that you agree to be bound by its terms, and that this is the complete and exclusive statement of the agreement between you and Instair regarding the Instair Software.


Instair

FLAT 2,19/F HENAN BUILDING,90-92 JAFFE RD WANCHAI,HONG KONG

E-Mail: contact@instair.net

COPYRIGHT © 2013 INSTAIR. ALL RIGHTS RESERVED