End user agreement for nCleaner
nCleaner second v2.3.3
Copyright NKProds SRL 2007
Web: http://www.nkprods.com (EN) http://www.nkprods.com/forum/
Contact: firstname.lastname@example.org email@example.com
nCleaner is FREE for NON-COMMERCIAL USE ONLY.
NK PRODS SRL will be referred to in this documents as NKProds and NKPRODS
DO NOT CLEAN USING DEFAULT OPTIONS. GO THROUGH THE AVAILABLE OPTIONS AND SELECT WHAT YOU WANT TO BE CLEANED (DELETED) AND WHAT YOU WANT TO KEEP, FROM EVERY SCREEN (MODULE). ALSO BE ABSOLUTELY IT'S SAFE SURE BEFORE ADDING A STARTUP ENTRY OR REMOVING A STARTUP ENTRY OR BEFORE APPLYING ANY OPTION THE TWEAK SCREEN (MODULE).
NOTE: WHEN nCLEANER IS STARTED FOR THE FIRST TIME IT WILL ADD AN ENTRY IN THE REGISTRY TO BE STARTED EACH TIME WINDOWS STARTS. YOU CAN DISABLE THIS FROM THE SETTINGS SCREEN.
YOU ARE NOT ALLOWED TO USE NCLEANER FOR ANY COMMERCIAL PURPOSE OF ANY WAY. YOU ARE NOT ALLOWED TO USE NCLEANER IF YOU DON'T AGREE AND ACCEPT THIS DISCLAIMER / LICENSE.
NOTE: nCLEANER MAY CONNECT FROM TIME TO TIME THROUGH THE INTERNET TO WWW.NKPRODS.COM TO CHECK FOR UPDATES. DURING THIS PROCESS IT WILL DOWNLOAD A SMALL FILE THAT CONTAINS THE NUMBER OF THE LATEST VERSION AVAILABLE ON THE INTERNET TO CHECK IF THE VERSION AVAILABLE ON THE INTERNET IS NEWER THAN THE VERSION INSTALLED ON THE USER'S COMPUTER. nCLEANER WILL NOT SEND ANY DATA FROM THE USER'S COMPUTER. YOU CAN DISABLE THIS FEATURE FROM THE SETTINGS SCREEN.
BOGHIU ANDREI AND NKPRODS IS WILLING TO LICENSE THE ENCLOSED SOFTWARE (AS WELL AS UPDATES NKPRODS MAY FURNISH YOU FROM TIME TO TIME) AND DOCUMENTATION (THE " SOFTWARE ") TO YOU (" YOU ") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS SOFTWARE LICENSE AGREEMENT (THE " AGREEMENT "). IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY (THE " COMPANY ") AND ARE ENTERING INTO THIS AGREEMENT TO OBTAIN THE SOFTWARE FOR USE BY THE COMPANY FOR ITS OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
USE THIS SOFTWARE ON YOUR OWN RISK. THE AUTHOR IS NOT RESPONSIBLE FOR ANY DAMAGE OF ANY KIND PRODUCED TO THE USERS AND/OR THEIR COMPUTERS AND SYSTEM OR TO OTHER COMPUTERS AND SYSTEMS. THE AUTHOR IS NOT RESPONSIBLE FOR ANY DAMAGE OF ANY KIND PRODUCED BY THIS SOFTWARE AND IT'S USE.
LICENSE . Subject to the terms and conditions of this Agreement, Boghiu Andrei and NKProds hereby grants You a limited, non-exclusive, personal license to install, perform and use the Software, in machine-readable form only, solely for Your own personal or internal business use on a single computer in accordance with the instructions, specifications and documentation provided with the Software. You may make one (1) copy of the Software only for backup and archival purposes, provided that You reproduce all copyright and other proprietary notices that are on the original copy of the Software.
RESTRICTIONS . You may not use or copy the Software, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the Software or any portion thereof. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Software contains trade secrets, trademarks, patents, and copyrights owned by Boghiu Andrei andor NKProds, and You shall maintain the Software in confidence. You shall not allow any access to or use of the Software by anyone other than You, or Your employees or agents, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement. You may transfer the limited license granted herein solely in connection with the transfer of the Software, provided, however , that You deliver all copies of the Software to the transferee, that You do not keep any copies of the Software or related materials, and that the transferee is given a copy of this Agreement and acknowledges and agrees to be bound by its terms. Any attempt to transfer any of the rights, duties or obligations hereunder not in accordance with the foregoing is null and void and without any force or effect.
LICENSE FEES . You are responsible for paying Boghiu Andrei or the retailer from whom you purchased the Software, the specified fees, and applicable taxes, for the license of the Software.
OWNERSHIP . The Software is licensed, not sold, to You for Your use only under the terms of this Agreement, and Boghiu Andrei reserves all rights not expressly granted to You. You own the media, if any, on which the Software is recorded, but Boghiu Andrei retains ownership of all copies of the Software itself.
UPDATES/SUPPORT . From time to time, Boghiu Andrei and NKProds may make new releases, revisions or enhancement to the Software (" Updates ") available to You. Your purchase must be recorded with Boghiu Andrei either through product registration or a direct purchase through www.nkprods.com for You to be notified of Updates.
TERM/TERMINATION . The Agreement becomes effective when You agree to the terms and conditions of this Agreement by opening, installing, using, accessing or manipulating the Software (the " Effective Date "), and this Agreement will terminate immediately upon notice to You if You materially breach any term or condition of this Agreement. You agree upon termination to promptly destroy the Software and all copies thereof.
TRIAL . If you are using the Software on a trial basis, and are authorized to do so, then You shall have a license under this Agreement to use the Software for the number of days indicated in the materials accompany the Software (the " Trial Period ") from the date You install it, solely for the purpose of evaluating the Software to determine whether to purchase an ongoing license to the Software. At the end of the Trial Period, the Software will stop working. During the Trial Period, the Software is provided to You "as is" and Your use is entirely at Your own risk.
WARRANTY DISCLAIMER . THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND BOGHIU ANDREI AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTILIABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BOGHIU ANDREI, NKPRODS, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES .
LIMITATION OF REMEDIES . REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL BOGHIU ANDREI OR NKPRODS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF BOGHIU ANDREI OR NKPRODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL THE LIABILITY OF BOGHIU ANDREI OR NKPRODS EXCEED THE TOTAL AMOUNT RECEIVED BY BOGHIU ANDREI OR NKPRODS FROM YOU UNDER THIS AGREEMENT .
FOR nCleaner ® SOFTWARE ONLY: YOUR ACKNOWLEDGMENTS. The nCleaner Software includes features that enable You to delete all the free hard drive space on Your computer or erase the contents of Your entire hard drive (the "Targeted Content") such that no Targeted Content can be undeleted. If You choose to utilize one of these functions of the nCleaner Software, You will permanently delete the Targeted Content and You will be unable to recover it.
HIGH RISK ACTIVITY . You acknowledge and agree that the Software is not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that Boghiu Andrei and NKProds makes no warranty and shall have no liability arising from any use of the Software in any high risk or strict liability activities.
EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE AUTHOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IF YOU DON'T AGREE TO EVERYTHING SPECIFIED ABOVE PLEASE STOP USING THE SOFTWARE NCLEANER AT ONCE. YOU ARE NOT ALLOWED TO USE NCLEANER IF YOU DON'T AGREE AND ACCEPT THIS DISCLAIMER / LICENSE.