End User License Agreement IMPORTANT PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING THE APPLICATION. IF YOU USE THE SITE OR THE APPLICATION YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL OR USE THE APPLICATION. YOUR OBLIGATIONS UNDER THIS AGREEMENT WILL BE SIGNIFIED BY USE OF THE WORDS "YOU" OR "YOUR." This EULA is a legal agreement between you and File.org ApS, its subsidiaries, affiliates and contractors acting on our behalf (collectively "File.org", "us", "we", or "our") regarding your use of File Type Assistant ("The Application") available via www.filetypeassistant.com and file.org (the "Sites"). Unless you have another written agreement with File.org regarding the Application, you are agreeing that your use of this Application is governed by this EULA. You are also agreeing to our Privacy Policy (http://file.org/privacy.html). From time to time, we may in our sole discretion update or modify the EULA. The most recent version of the EULA can be found at the Site. If you breach any term in this Agreement, your right to use the Application will terminate automatically. 1. Description of Services. File Type Assistant is a desktop application that helps you open files and update software. The Application: (i) allows you to search file.org for information about file types; (ii) allows you to find software to help you open files you cannot currently open; (iii) notifies you of available updates to software installed on your PC. The Application will modify system settings upon installation, making the Application the default handler for unknown file types on your PC. 2. Your Obligations. You represent and warrants that (i) you are the owner or an authorized user of the computer that the Application is installed on; (ii) you will use the Application or the Site only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations; (iii) you are at least thirteen years of age. Persons under thirteen years of age may not use the Application or the Site. 3. Grant of a Limited Use License. We hereby grant, and you hereby accept, a limited, non-exclusive license to install the Application on computers owned by you or under your legitimate control. You may use the Application solely for your personal use. Other than the rights expressly granted hereunder, no other right is granted. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Application. You will not remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in the Application. You may not, in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law. 4. Use of the Application. The Application will scan your computer for software installed on it, and collect other information regarding your computer so we can alert you when updates to software are available. The collected data is sent to file.org and does not contain personally identifiable information. Your visits to file.org is governed by our Privacy Policy (http://file.org/privacy.html). By using the Application, you authorize us to use and store data (data being operating system version, system language, program names, program versions and other data related to installed software) so that we can provide the service to you. You grant us a royalty-free, sublicensable, worldwide license to use the data in connection with the service. You acknowledge that the Application connects to the Internet to check for software updates. When you uninstall the Application, we will no longer collect any data. 5. Distribution Restrictions. The Application may be freely distributed, with the exceptions noted below, provided that the distribution package IS NOT MODIFIED: a) THE APPLICATION MAY NOT BE PACKAGED OR BUNDLED WITH ANY OTHER PRODUCTS WITHOUT OUR WRITTEN PERMISSION. b) THE APPLICATION MAY NOT BE SOLD INDIVIDUALLY OR BUNDLED WITH OTHER PRODCUTS AND MAY NOT BE SOLD ON EBAY OR ANY OTHER SITE. c) YOU MAY NOT CHARGE FOR DOWNLOADS OF THE SOFTWARE IF YOU LIST OR LINK TO IT FROM YOUR SITE. d) YOU MAY NOT HOST THE INSTALLER FILE ON YOUR OWN OR ANY OTHER SERVER. DOWNLOAD LINKS MUST POINT TO OUR SITE UNLESS OTHERWISE AGREED. 6. Ownership. You acknowledge and agree that File.org has all right, title, and interest in and to the Application, including any intellectual property rights therein. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, servicemarks, logos, domain names, and other distinctive brand features), and File.org reserves all rights not expressly granted to you. 7. Warranty Disclaimer. THE APPLICATION IS DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. FILE.ORG DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE APPLICATION. FILE.ORG MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 8. Limitation of Liability. EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT WILL FILE.ORG BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF FILE.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. FILE.ORG'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE APPLICATION, IF ANY. BY INSTALLING OR USING THE APPLICATION, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES. 9. Waiver of Claims and Indemnification. By accessing or using our Site or downloading the Application, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us, our subsidiaries, officers, directors, attorneys, employees, licensors and affiliates, harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject, that arise out of, or relate to: (i) your use or inability to use the Application; (ii) any violation of this Agreement; (iii) any Third Party Software or offer; (iv) Your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right; or (v) any gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including without limitation attorneys' fees incurred in connection with investigating, defending or settling any claim or loss. 10. Termination. This Agreement is effective until terminated. You may terminate the Agreement at any time by irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control. File.org may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted herein will immediately terminate. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. 11. Governing Law. Except as otherwise set forth herein, this Agreement will be governed by, and will be construed under, the laws of Denmark. You consent to exclusive jurisdiction in the courts in Denmark for all disputes arising from this Agreement. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. 12. Uninstalling the Application During the installation, the Application adds uninstall entries in the Windows Control Panel. Uninstalling using the Control Panel differs slightly depending on which version of Windows you use. Windows XP users: a) Click the Start Menu. b) Select Control Panel. c) Select Add or Remove Programs. d.) Locate the Application in the "Currently Installed Programs" list. e) Click Change/Remove. Windows Vista and 7 users: a) Click the Start Menu. b) Select Control Panel. c) Under the Programs heading, click "Uninstall a program". d) Locate the Application in the "Programs and Features" list. e) Click Uninstall. 13. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided. If any provision of this Agreement is found to be unenforceable, that provision will be severed and the remainder of the Agreement shall be given full force and effect. Waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You are not permitted to assign this Agreement, and any unpermitted assignment will be void. This Agreement, the Application, and the Site may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Application or the Site at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected. Last Updated February 22, 2012