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EULA - PCFIX SOFTWARE END USER LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
Dubai Click llc. (the "Provider") 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 PCFix Software (the "Software") and by marking the "I accept the terms of the License Agreement" checkbox, you are deemed to and do consent to be bound by and become a party to this License and you represent that you have the authority to enter into this Agreement. If you do not agree to be bound by all of the terms of this Agreement click the ‘Cancel` button and do not install the PCFix Software.
1. Grant of the License. Subject to the terms and conditions of this License, and subject to payment of applicable fees ("License Fee"), the Provider grants You a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the Term and solely for your own private use, a number of Copies of the PCFix Software and related written materials in either printed text or machine readable version (the "Documentation") equal to the number of licenses actually bought on the Provider`s e-commerce website. Any use of more copies of the PCFix Software than are licensed is prohibited. The license for the Software may not be shared by alternating use of the Software between different computers.
2. License Restrictions - Unless specifically permitted in terms of this Agreement, You may not (i) copy, reproduce, change, modify, create a derivative work thereof, reverse compile or reverse engineer, disassemble, decompile or otherwise attempt to extract the source code or internal data of the Software or any part thereof; (ii) remove or in any way obscure any ownership or trademark notices on the Software; (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise commercially exploit the Software; (iv) circumvent any serial number or any other mechanism used or deployed by the Provider to protect the Software against unlicensed use, copying or distribution; (v) post or otherwise make available, the Software or any portion thereof, including the serial number, on the Internet or other publicly available forum; (vi) export or re-export the Software in violation of any applicable laws or regulations; or (vii) make any use of such Software in any way that violates any applicable law.
3. User Agreement
3.1 Evaluation Version use - You may be granted an evaluation copy of the Software free of charge (the "Evaluation Copy" or "Free Trial"). Certain features and/or functionality of the Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Software, You must pay the License Fee and input a valid serial number. Upon such actions being taken, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety. For more information about purchasing a license to use the Software, please contact the Provider at http://www.PC-Fix-2010.com.
3.2 Activation of Software - Once you have purchased a license from the Provider in order to continue to use 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. The Provider will use those measures to confirm you have a valid licensed copy of the Software. The Provider will not collect any personally identifiable information from your computer location or workstation during this process.
3.3 Distribution - The Evaluation Version of the Software may be freely distributed, provided that:
1. Such distribution includes only the original Software supplied by the Provider. You may not alter, delete or add any files in the distribution Software or modify the Software in any way.
2. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
3. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
4. You provide prior email or written notice to the Provider that you are distributing this Evaluation Version and receive written confirmation of The Provider`s authorization for such distribution. If the Software is being distributed with other hardware, media or software, The Provider`s prior written authorization is required. You may be required to report to us the number of units of this Evaluation Version Software distributed from time to time.
3.4 Use - Your license to use this Software is limited to the number of licenses purchased by you and for the period of the subscription. Upon the expiration of your license, you will be required to renew and purchase another license in order to continue to use all the features and functionality of the Software. For more information about purchasing additional licenses of this Software or renewing your existing license, please contact The Provider at: http://www.PC-Fix-2010.com.
You shall not allow others to use, copy or evaluate copies of this licensed Software. Others may obtain an Evaluation Version of the Software or purchase a license to use the Software from: http://www.PCFix.com.
3.5 Use Restrictions - You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this 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 by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of The Provider. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. 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 this Agreement is being violated and you will be held responsible for that violation.
3.6 Copyright Restriction - The Software is protected by copyright, as well as other intellectual property laws both nationally and under international treaty provisions. Notwithstanding anything else, the Software is licensed and not sold. The Provider and PCFix`s name, logo and graphics file that represents this Software shall not be used in any way to promote products developed with our Software. This License Agreement does not give You any intellectual property rights in the Software or any Third Party Software, and does not grant You any license, right or interest in any trade mark, trade name or service mark of PCFix or any other third party. The Provider retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. All rights not expressly granted hereunder are reserved for The Provider.
3.7 Limitation of Responsibility
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL THE PROVIDER OR ITS SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OR THE INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE IN CONNECTION WITH ANY ASPECT OF THIS SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF THE PROVIDER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE PROVIDER OR ITS SUPPLIERS WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE ("LICENSE FEE"). YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
You will indemnify and hold the Provider harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney`s fees) arising from or relating to your use of the Software. Your obligations under this section shall survive the expiration or termination of this Agreement.
3.8 Warranties - The Software is provided to You under this License on an “as is” basis, without warranty or representation of any kind. The Software is provided as general purpose software and not for your particular use. You accept that the Provider and its suppliers do not represent or warrant that the Software will meet your requirements or be error or defect free or that any defects in the operation or functionality of the Software will be corrected. The Provider further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Your use of the Software is at your sole risk and You are responsible for any decisions made and actions taken based on the Software, irrespective of any recommendations proferred by such Software. The Provider makes no representation regarding Third Party Software which may be accessed through or included with the Software.
3.9 Governing Law - This Agreement shall be governed exclusively by the laws of the Province of Quebec and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Montreal, Quebec, and any competent Courts of Appeal there from. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.10 Termination - Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. Consent to Use of Data - You agree that The Provider 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. The Provider may also 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 The Provider 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 the download when prompted. You are not obligated to download any upgrades or fixes to the Software that are provided by The Provider. The Provider will not collect any personally identifiable information from your computer location or workstation during this process.
5. Support - the Provider may provide You with support services related to the Software. Any obligation the Provider may have to support the previous version of the Software ends upon the expiration of the Term or the termination of the License, whichever is the earlier. Support may not be available in the language in which the Software was acquired.
6. General Provisions - Any rights not expressly granted under this License Agreement are being reserved. This License is the entire agreement between You and the Provider with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
To review The Provider`s privacy policy, please visit: http://www.PC-Fix-2010.com.
PCFix is a registered trademark of Dubai Click llc.