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PC CLEANER END USER LICENSE AGREEMENT
PLEASE READ THIS PC CLEANER END USER LICENSE
AGREEMENT (this “AGREEMENT”) CAREFULLY BEFORE
INSTALLING OR USING PC CLEANER SOFTWARE (“PC
CLEANER”). BY INSTALLING OR USING PC CLEANER,
INCLUDING THE FREE 30-DAY TRIAL VERSION THEREOF
(THE “TRIAL VERSION”) AND THE EVALUATION VERSION
(AS DEFINED HEREIN) THEREOF (TOGETHER WITH PC
CLEANER AND THE TRIAL VERSION, THE “SOFTWARE”),
YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF
THIS AGREEMENT.
PC Cleaner, Inc. (“PC Cleaners”), a California
corporation, strives to provide exceptional
software products that help to resolve computer
problems and help to facilitate an error-free and
more enjoyable Internet and computer experience
for the end user. By installing the Software, you
hereby agree to the following terms and conditions
and will automatically be subject to this
Agreement.
1.
License.
Subject to the terms and conditions of this
Agreement, PC Cleaners hereby grants to you a
limited, non-exclusive, non-transferable license,
without the right to sub-license (except as
otherwise provided herein), to use or evaluate the
Software in accordance with this Agreement. PC
Cleaners retains all rights in the Software other
than those expressly granted to you in the
preceding sentence. You understand that you have
been granted a license to use the Software.
Without limiting anything herein contained, PC
Cleaners does not transfer title of the Software
to you.
2.
Intellectual Property.
As between you, the end user, and PC Cleaners, PC
Cleaners shall at all times remain the sole and
exclusive owner of the Software technology,
including, without limitation, all know-how,
copyrights and patents related to the Software
(“PC Cleaner Technology”). PC Cleaners shall at
all times have the right (but not the obligation)
to prosecute, maintain, enforce and defend PC
Cleaner Technology, in its sole discretion.
3.
Limited Warranty; Limited Remedy.
PC Cleaners warrants that the Software
will be conforming and free from defects
until
ninety (90) days after the date of
manufacture (which date of manufacture shall be
clearly marked in materials provided to you).
Notwithstanding anything contained in this
Agreement to the contrary, the warranty of PC
Cleaners as provided herein shall be void if any
alterations, modifications or work have been
performed on the Software, or to the extent that
any alleged defect is the result of abuse, misuse,
improper maintenance or storage, accident, action
or inaction on the part of any party other than PC
Cleaners. Subject to the foregoing, if the
Software is not as warranted, you must notify PC
Cleaners in writing within the ninety-day warranty
period noted above and return the Software to PC
Cleaners within such ninety-day period in its
original packaging, together with
any copies of the Software made by you or in your
possession, a copy of your invoice or receipt and
all materials provided to you with the Software,
including, without limitation, all registration
papers and manuals.
PC Cleaners will, at its option, promptly repair
or replace the defective Software. Any such
repaired or replaced Software shall be shipped
back to you at PC Cleaner’s sole expense. This
remedy will not be deemed to have failed of its
essential purpose so long as PC Cleaners is
willing and able to repair or replace the
defective Software in the prescribed manner. THIS
LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, DESIGN,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR USE.
Without limiting the generality of the foregoing,
PC Cleaners expressly disclaims (a) the success of
the Software (to the extent the Software is not
discovered to be defective within the ninety-day
warranty period) and (b) the usefulness for any
purpose of the Software or any technology provided
thereunder. PC Cleaners specifically disclaims any
representation or warranty that the Software will
meet your requirements, that the operation of the
Software will be uninterrupted, that the Software
will be error-free, and any and every
representation or warranty with respect to the
amount of performance increase or utility that the
Software will provide you.
The Software will not necessarily increase
performance or provide a utility benefit on your
computer, and PC Cleaners makes no claim that your
computer has any general or specific deficiency,
defect, or issue with underperformance. Any claims
or advertisements made by PC Cleaners that the
Software will increase performance or utility of
your computer relate to possible or potential
improvement or utility. PC Cleaners makes no
representation or warranty that a specific utility
or amount of performance increase, nor
any
utility or performance increase, will be realized
on your computer. Each computer is different and
the scenarios under which each computer is used
are different. PC Cleaners makes no claim that the
Software will benefit any particular computer or
type of computer or any particular use of a
computer.
Furthermore, PC Cleaners DOES NOT GUARANTEE
THAT THE SOFTWARE WILL IDENTIFY AND/OR REMOVE ANY
SPECIFIC COMPUTER OPERATING SYSTEM REGISTRY ENTRY
OR ANY ASSOCIATED FILE.
4.
Limitation of Liability.
IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE
EVENT OF NEGLIGENCE ON THE PART OF PC CLEANERS)
WILL PC CLEANERS BE LIABLE FOR ANY ACTUAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY
KIND ARISING FROM OR RELATING TO THIS AGREEMENT OR
ANY LICENSE GRANTED HEREUNDER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
DATA, OR PECUNIARY LOSS). PC Cleaners’ liability
under this Agreement, without exception, is
limited to the lesser of (i) the amount paid by
you for the Software and (ii) the suggested retail
price for the Software as listed by PC Cleaners;
in either instance, less any applicable taxes and
shipping fees. Upon seeking any reimbursement for
the Software, you must return to PC Cleaners the
Software in its original packaging, any copies of
the Software made by you or in your possession, a
copy of your invoice or receipt and all materials
provided to you with the Software, including,
without limitation, all registration papers and
manuals. You must also complete, execute and
submit to PC Cleaners any forms reasonably
requested by PC Cleaners to effect a valid
transfer of the license from you back to PC
Cleaners. You will not be entitled to any such
reimbursement unless you purchased the Software
directly from PC Cleaners and return the Software
postmarked no later than thirty (30) calendar days
from the date of purchase. If you purchased the
Software through a reseller, distributor,
retailer, or any other third party, you must
request a refund directly from such third party.
5.
User Agreement
4.1A Free
Trial Version Use -You may use the free 30-day
trial version of the Software provided by PC
Cleaners (the "Trial Version") without purchasing
a license for a maximum of thirty (30) calendar
days. You shall become subject to all terms of
this Agreement, to the same extent as if you had
purchased a license to use the Software,
immediately and automatically upon installing or
using the Trial Version. In order to use the
Software upon expiration of the 30-day term of the
Trial Version, you must purchase a license to use
the Software. For more information about the Trial
Version and about purchasing a license to use the
Software, please visit
http://www.pc-cleaners.com/pccleaner-30daytrial.php.
4.1B
Evaluation Version Use. You may evaluate a
version of the Software with limited features and
functionality (the “Evaluation Version”) provided
by PC Cleaners without purchasing a license for
the maximum number of days indicated by PC
Cleaners upon licensing to you the Evaluation
Version. You shall become subject to all terms of
this Agreement, to the same extent as if you had
purchased a license to use the Software,
immediately and automatically upon installing or
using the Evaluation Version. In order to use the
Software upon expiration of the term of the
Evaluation Version, or otherwise to have full
access to the features and functionality of the
Software, you must purchase a license to use the
Software. For more information about purchasing a
license to use the Software, please visit
http://www.pc-cleaners.com.
4.2
Activation of Software. Upon purchasing a
license from PC Cleaners in order to continue to
use the Software or to have full access to the
features and functionality of the Software, you
may be required to activate the Software through
the Internet. There are technological measures
within the Software that are designed to prevent
unlicensed use of the Software. PC Cleaners will
use those measures to confirm you have a valid
licensed copy of the Software. PC Cleaners will
not collect any information regarding your
personal identity from your computer location or
workstation during this process.
4.3
Distribution of Evaluation Version. The
Evaluation Version of the Software may be freely
distributed, provided that:
a. Such distribution includes only the original
Evaluation Version of the Software supplied by PC
Cleaners. You may not alter, delete or add any
files to the Evaluation Version before its
distribution or otherwise modify the Software in
any way.
b. You must not misrepresent to any distributee
that the Evaluation Version contains all of the
features and functionality of the Software in its
purchased version.
c. No money is charged to any recipient of the
Evaluation Version, beyond the reasonable cost of
its packaging and shipment.
d. You must provide prior email or written notice
to PC Cleaners before distributing the Evaluation
Version to any third party and receive written
confirmation of PC Cleaners’ authorization for
such distribution
prior to
making any such distribution. If you intend to
distribute the Evaluation Version with other
hardware, media, or software, you must notify PC
Cleaners thereof with your notification to PC
Cleaners of your intent to distribute the
Evaluation Version and receive PC Cleaners written
authorization prior to making such distribution.
e. You may, from time to time, be required to
report to us the number of units of the Evaluation
Version distributed by you.
Hence, you must keep, for a period covering
at least the preceding three (3) years, complete
and accurate records pertaining to your
distribution of the Evaluation Version in
sufficient detail to permit PC Cleaners to confirm
the number of units of the Evaluation Version
distributed by you. PC Cleaners shall have the
right to audit such records for the purpose of
verifying any information provided, upon providing
you with reasonable written notice. PC Cleaners
shall bear the full cost of any such audit, unless
such audit discloses a variance of more than five
percent (5%) from the number of units actually
distributed, in which case you shall bear the full
cost of such audit.
4.4
Purchased Version Use.
–Upon purchasing a license(s) to use the
Software, you shall be permitted to use the
license(s) subject to this Agreement and all other
terms and conditions provided to you by PC
Cleaners, including, without limitation, any term
governing the duration of any such license.
Upon the expiration of the term of your
license, you must renew and purchase another
license in order to retain full access to the
Software. For more information about purchasing
additional licenses to the Software or renewing
your existing license, please visit
http://www.pc-cleaners.com.
You may not copy the Software (except as otherwise
provided herein); distribute or sub-license the
Software to any third party; nor allow any third
party to use, copy, or evaluate any copy of the
Software. A third party may obtain an Evaluation
Version of the Software or purchase a license to
use the Software from http://www.pc-cleaners.com.
4.5 Use
Restrictions. You shall use the Software in
compliance with all applicable laws and not for
any unlawful purpose. Each licensed copy of the
Software may be used on one single computer
location or workstation, unless otherwise
authorized herein. "Use" of the Software means
that you have loaded, installed, or run the
Software on a computer or similar device. If you
install the Software onto a multi-user platform,
server or network, each and every individual user
of the Software must be licensed separately or
included in a multi-site license in order to
access all the features and functionality of the
Software. You may make one copy of the Software
for backup purposes, provided you have only one
copy installed on one computer location or
workstation (unless you have a multi-site license,
in which case the Software may be installed in the
number of computers expressly covered by the
multi-site license). Third parties may not use or
install your licensed copy of the Software. The
assignment, sub-license, networking, sale, or
distribution of copies of this licensed Software
is strictly forbidden without the prior written
consent of PC Cleaners, which may be withheld in
PC Cleaners’ absolute discretion. It is a
violation of this Agreement to assign, sell,
share, loan, rent, lease, borrow, network or
transfer the use of this licensed Software or any
accompanying documentation. If any person other
than yourself uses Software registered in your
name on another computer location or workstation,
regardless of whether it is at the same time or
different times, then you are in violation of this
Agreement. For more information on restrictions on
the distribution of the Software, please visit
http://www.PC-Cleaners.com.
5.
Proprietary Information. The Software contains
copyrighted material, trade secrets and other
proprietary material. You shall not, and shall not
attempt to, modify, reverse engineer, disassemble
or decompile this Software. Nor can you create any
derivative works or other works that are based
upon or derived from the Software, whether in
whole or in part.
You shall not use PC Cleaners’ name, logo or
graphics in any way or for any purpose, including,
without limitation, to promote any product. PC
Cleaners retains sole and exclusive ownership of
all right, title and interest in and to the
Software and all intellectual property rights
relating thereto. Copyright law and international
copyright treaty provisions protect all parts of
the Software. You may not use or copy any program,
code, part, image, or text of the Software except
as expressly provided herein. All rights not
expressly granted to you hereunder are retained by
PC Cleaners.
6.
Indemnification of PC Cleaners. You hereby
agree to indemnify, save, hold harmless and defend
PC Cleaners, its directors, officers, employees,
agents and distributors from and against any and
all losses, damages, liabilities, expenses and
costs, including reasonable attorneys’ fees and
legal costs, resulting from or in any way
connected with this Agreement; your breach of any
term of this Agreement; your purchase, handling or
use of the Software; or any use of the Software by
any distributee of the Software
7.
Governing Law. Any action related to this
Agreement will be governed by California law,
without giving effect to any choice of law
provision
8.
Termination. Any breach by you of any term or
condition of this Agreement will result in the
automatic and immediate termination of your
license to the Software, without any further
action on the part of PC Cleaners and without any
refund to you. Upon termination of your license to
the Software for any reason, you agree to
immediately cease use of the Software and to
destroy any copies of the Software in your control
or possession. Any financial obligations to PC
Cleaners incurred by you prior to the expiration
or earlier termination of your license shall
survive the expiration or termination of your
license. Nothing herein contained shall limit PC
Cleaners’ remedies in the event of breach by you
of this Agreement. PC Cleaners shall remain
entitled to all remedies available under the law
or in equity in the event of your breach of this
Agreement.
9. Binding
Arbitration. Any dispute arising out of or
relating to this Agreement or the license to the
Software that is not otherwise amicably settled
between you and PC Cleaners shall be exclusively
resolved by arbitration between you and PC
Cleaners in accordance with the applicable
arbitration rules of the American Arbitration
Association, with the arbitration to be conducted
with one arbitrator in the English language taking
place in Newport Beach, California or such other
location as mutually agreed by you and PC
Cleaners. The results of any such arbitration
proceeding shall be binding upon you and PC
Cleaners, and judgment may be entered upon the
arbitration award in any court having jurisdiction
thereof. Notwithstanding the foregoing, PC
Cleaners may seek interim injunctive relief from
any court of competent jurisdiction.
10.
Consent to Use of Data. You agree that PC
Cleaners may collect and use information
transmitted by you through the Software and/or
gathered in any manner as part of the product
support services provided to you, if any, related
to the Software. You are not obligated to transmit
any information related to the reporting of
parasites or malicious files if you choose not to
do so when prompted. PC Cleaners may also (but
shall not be obligated to) use any information
collected to provide notices to you which may be
of use or interest to you. The Software contains
components that enable and facilitate the use of
certain Internet-based services. You acknowledge
and agree that PC Cleaners may automatically check
the version of the Software that you are utilizing
and may provide updates, upgrades, or fixes to the
Software. In order to receive such updates,
upgrades or fixes, you must agree to download the
same when prompted. You are not obligated to
download any upgrades or fixes to the Software..
PC Cleaners will not collect any information that
personally identifies you from your computer
location or workstation during this process.
To review PC Cleaners ’ privacy policy, please
visit:
http://www.pc-cleaners.com/privacypolicy.php
11. How to
Uninstall PC Cleaner software
To uninstall the program from Windows 7:
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Click Start and click Control Panel
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In the Programs section, click the Uninstall a
program option (In Icon view, click the
Programs and Features option)
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Select the software and click the Uninstall
button
To uninstall the program from Window Vista:
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Click Start and click Control Panel.
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In the left pane, select Control Panel Home.
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In the Program section, click Uninstall a
Program.
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Select the software and click the Uninstall
button.
To uninstall the program from Windows XP:
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Start -> Control Panel
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Open ‘Add or Remove Programs‘
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Select the software and click ‘Remove’
12.
Miscellaneous. This
Agreement constitutes the complete, final and
exclusive embodiment of the entire agreement
between you and PC Cleaners with regard to its
subject matter. If any provision of this Agreement
is determined to be invalid or unenforceable, in
whole or in part, this determination will not
affect any other provision of this Agreement, and
the provision in question will be modified so as
to be rendered enforceable.
13.
Contacting Us
If you would like to contact us for any reason,
please contact us as described below:
PC Cleaners Inc.
Attention: Privacy Policy
220 Newport Center Dr. Suite 197
Newport Beach, CA 92660
Email: support@pc-cleaners.com
PC Cleaners Software is a registered trademark of
PC Cleaners, Inc.
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