End user agreement for Advanced PC Optimizer
Advanced PC Optimizer- END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY:This End-User License Agreement("EULA") is a legal agreement between you (either an individual or a single entity) and OVR Software for the OVR software product identified above, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services("Product").An amendment or addendum to this Agreement may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.
IMPORTANT - If you do not agree to ALL of the terms of this EULA, do not purchase, install or use the SOFTWARE PRODUCT, including evaluation versions thereof.
Software PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold, and hence your acquisition or purchase is that of a license.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Installation and use: You may install, use, access, display and run one copy of the Product on a single computer, such as a workstation, terminal or other device ("Computer").
* Storage/Network Use: You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Separation of Components: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
* Trademarks: This EULA does not grant you any rights in connection with any trademarks or service marks of OVR Software.
* Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Not For Resale Software: Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
* Support Services: OVR Software may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the OVR policies and programs described in the user manual, in "online" documentation, and/or in other OVR Software-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to OVR Software as part of the Support Services, OVR Software may use such information for its business purposes, including for product support and development. OVR Software will not utilize such technical information in a form that personally identifies you.
* Termination: Without prejudice to any other rights, OVR Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
* Upgrades: If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by OVR Software as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
* COPYRIGHT: All rights, title and copyrights in and to the Software (including any images, photographs incorporated into the Software) and any copies of the Software, are owned by the OVR Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the Software like any other copyrighted material except that you may make one copy of the Software solely for backup or archival purposes. The Software is licensed, not sold.
* Third Party Sites: You may link to third party sites through the use of the Product. The third party sites are not under the control of OVR Software, and OVR Software is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. OVR Software is not responsible for webcasting or any other form of transmission received from any third party sites. OVR Software is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by OVR Software of the third party site.
* Applicable Law: If you acquired this SOFTWARE PRODUCT in the United States , this EULA is governed by the laws of the State of Washington. If you acquired this SOFTWARE PRODUCT in Canada , unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Saskatchewan, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Regina , Saskatchewan . If this SOFTWARE PRODUCT was acquired outside the United States , then local law may apply. Should you have any questions concerning this EULA, please send e-mail us at: email@example.com
* Availibility and Delivery: OVR Software may without advance notice modify the functions and the design features of its products. It is thus up to the client to check product availability, features and associated service prior it any order. Apart from software packages, it is agreed that risk transfer to the client occurs on the date of delivery of the products. Should delivery be delayed for reasons beyond OVR Softwares’s control, delivery shall be deemed to have taken place at the agreed date and no damages whatsoever may be claimed by the client on account of such delay.
* Price - Terms of Payment: Prices given by the OVR Software are for information only and may be modified without prior notice. It is up to client to check the current price list.
* Software Recommendations: Although OVR Software , software works on most standard equipment and systems, it is up to the client to make sure of the appropriateness of the software to his needs and his technical environment.
OVR Software warrants that (a) the SOFTWARE PRODUCT will operate on your computer for a period of thirty (30) days from the date of receipt, and (b) any Support Services provided by OVR Software shall be substantially as described in applicable written materials provided to you by OVR Software, and OVR Software support engineers will make commercially reasonable efforts to solve any problem issues, however, OVR Software specifically disclaims any warranty as to the availability, timeliness, or accuracy of the customer support information given. THIS WARRANTY COVERS ONLY DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
LIMITATION OF LIABILITY
Under no circumstances will OVR Software, its officers, agents, employees, affiliates or associates be liable for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss), deriving from use of, improper use of or inability to use the Software or any of the material, documentation or information included or distributed with the Software, regardless of the nature and foundation of the individual claim or claims. The liability of OVR Software will under all circumstances be limited to the purchase price of the Software Product. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
NO PERFORMANCE WARRANTY
OVR Software specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by OVR Software that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
Evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to OVR Software and to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.
NOT FOR MISSION CRITICAL USE
You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. OVR Software specifically disclaims any express or implied warranty of fitness for such purposes.
Data BACKUP RESPONSIBILITY
The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that OVR Software cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, OVR Software and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OVR Software AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE OFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
This EULA is the entire agreement between you and OVR Software relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. This EULA specifically supersedes any EULA or license agreement that may be present within the SOFTWARE PRODUCT or its accompanying documentation. To the extent the terms of any OVR Software policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.