These Terms of Service ("Terms") are a legal agreement between you, the
individual or legal entity using the services described below ("you" or
"your"), and Devallix ("Devallix", "we", "us", or
"our"), the developer and publisher of the MagnetoClip software ("MagnetoClip" or
the "Software") and operator of the MagnetoClip website (together with the
Software, the "Service"). By accessing the website, downloading, installing,
activating, or using the Service, you acknowledge that you have read and
understand these Terms and agree to be bound by them. If you do not agree to
these Terms, do not access or use the Service.
Your use of the Software is additionally governed by the
MagnetoClip End User License Agreement. To the extent of any conflict
between these Terms and the EULA, the EULA governs your use of the Software.
1. The Service
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The Service provides download-management technology: a Windows desktop
application that captures files, videos, music, documents, and torrents from
the web, together with a companion browser extension, remote-dashboard access,
and the informational MagnetoClip website. The Software is a general-purpose
tool and is not affiliated with, endorsed by, or targeted at any particular
website, web service, or content provider.
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We may change, suspend, or discontinue any part of the Service at any
time, with or without notice, and we are not liable to you for any such change.
2. Accounts and License Activation
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The Software is a licensed product. Each valid serial key binds to one
computer, and activation is recorded by the license server (see Section 6).
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You agree to (a) provide accurate information when prompted, (b) keep
any activation credentials confidential, and (c) notify us promptly if you
believe your key has been compromised.
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You may deactivate your license on a device through
Settings → License → Deactivate this PC…, which frees the key for use
elsewhere.
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We may revoke or refuse activation of any serial key that we reasonably
suspect is being used in violation of these Terms or the EULA.
3. Your Use of the Service
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Provided you comply with these Terms and the EULA, we grant you a
personal, non-exclusive, revocable right to access and use the Service for your
own personal, non-commercial purposes.
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You are solely responsible for the content you download, store,
stream, transmit, or distribute using the Service, and for any consequences of
that activity.
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The Service is a general-purpose download tool. The availability,
format, legality, and accessibility of any content you attempt to download
depend on factors outside our control. We do not guarantee that any particular
content can or will be downloaded.
4. Prohibited Conduct
You may not use the Service to:
- violate any applicable law, regulation, or the rights of any third party;
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download, store, or distribute content you do not have the legal right
to download, store, or distribute, including copyrighted content downloaded or
distributed without authorization;
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infringe the copyrights, trademarks, privacy rights, or other
intellectual property or proprietary rights of any person or entity;
- damage, disable, overburden, or impair any server, network, or other system;
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circumvent or attempt to circumvent any technical protection measure,
copy protection, or digital rights management technology;
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decompile, disassemble, reverse engineer, or otherwise attempt to
derive the source code of the Software, except as expressly permitted by
applicable law;
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resell, sublicense, rent, lease, or transfer any part of the Service,
or provide access to it as an organized service provider, without our prior
written consent;
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attempt to gain unauthorized access to the Service, the license
server, or any related system; or
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use the Service in any manner that could reasonably be considered
abusive, harassing, or harmful to other users or to us.
5. Third-Party Content and Services
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The Service may incorporate or rely on open-source and other
third-party components, libraries, and dependencies ("Third-Party
Components"). Those components remain subject to their own applicable license
terms, which are provided with the Software or otherwise made available.
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The Service may interact with third-party services you choose to use,
including streaming websites, torrent trackers and peers, proxy servers, and
update servers. Your use of such third-party services is governed by those
services' own terms and policies, and we are not responsible for them.
6. Privacy
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Your use of the Service is subject to the
MagnetoClip Privacy Policy, which explains what limited
information we process (for example, the device information used to bind a
license to a computer) and how we handle it. Download content and history
remain local to your device.
7. Intellectual Property
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The Service, including all code, functionality, interfaces, graphics,
documentation, and other materials, is the property of Devallix and its
licensors and is protected by copyright, trademark, and other applicable
intellectual property laws. The MagnetoClip name, logo, tagline, and any
associated marks are trademarks or service marks of Devallix.
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No rights are granted to you in any such intellectual property except
as expressly set forth in these Terms or the EULA.
8. Disclaimer of Warranties
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THE SERVICE IS PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT ALL DEFECTS
WILL BE CORRECTED.
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WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, LEGALITY, OR
CONTENT OF ANY MATERIAL YOU DOWNLOAD THROUGH THE SERVICE, OR FOR ANY LOSS OF
DATA RESULTING FROM ITS USE.
9. Limitation of Liability
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DEVALLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR
FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR
RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, WHETHER IN
AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
DEVALLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE
LIABILITY OF DEVALLIX ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF
THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SOFTWARE. IF YOU
HAVE NOT PAID ANY AMOUNTS TO DEVALLIX, DEVALLIX'S AGGREGATE LIABILITY SHALL BE
LIMITED TO THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (US $100) OR THE
MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW.
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Nothing in these Terms limits or excludes liability that may not be
limited or excluded under applicable law.
10. Indemnification
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You agree to indemnify, defend, and hold harmless Devallix and its
officers, directors, employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including reasonable attorneys'
fees) arising out of or related to your use of the Service or your violation of
these Terms, the EULA, or any applicable law.
11. Termination
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We may suspend or terminate your access to the Service at any time,
with or without notice, if you violate these Terms, the EULA, or any applicable
law.
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Upon termination, you remain bound by the provisions that by their
nature should survive termination, including without limitation Sections 5, 7,
8, 9, 10, and 14.
12. Changes to These Terms
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We may modify these Terms at any time by posting a revised version and
updating the "Effective date" above. Your continued use of the Service after any
such modification constitutes your acceptance of the revised terms.
13. Export Compliance
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You agree to comply with all applicable export and re-export control
laws and regulations and shall not use the Service in violation of any such
laws or regulations.
14. General Provisions
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Entire Agreement. These Terms, together with the EULA and the
Privacy Policy, constitute the entire agreement between you and Devallix
regarding the Service and supersede all prior or contemporaneous agreements,
communications, and proposals.
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Governing Law. These Terms shall be governed by and construed in
accordance with the laws of the jurisdiction in which Devallix is established,
without regard to its conflict-of-laws principles. Any legal action or
proceeding arising out of or relating to these Terms shall be brought
exclusively in the courts of that jurisdiction.
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Severability. If any provision of these Terms is held to be
invalid or unenforceable, the remaining provisions will continue in full force
and effect.
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Waiver. The failure of Devallix to enforce any provision of these
Terms shall not constitute a waiver of such provision or of any other provision.
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Assignment. You may not assign or transfer these Terms or any
rights or obligations hereunder, in whole or in part, without our prior written
consent. Devallix may assign these Terms freely.
15. Contact
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If you have any questions regarding these Terms, please contact
Devallix through the support channels provided with the Software or on the
MagnetoClip website.