End user agreement for Flash Cookie Cleaner
End User License Agreement
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a binding legal agreement between you (either an individual or a single entity) and Consumer Software International, its subsidiaries and affiliates, for the Flash Cookie Cleaner software product identified above, which shall include computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also shall include any updates and supplements to the original SOFTWARE PRODUCT provided to you by Consumer Software International. In the event of a disagreement between any terms and conditions accompanying the Software Product itself and this document, this document shall govern. By continuing with your installation, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. English shall be deemed the language that controls the terms of this EULA.
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. THE VERY NATURE OF THIS SOFTWARE IS OF SYSTEM UTILITY AND IT MAY CAUSE IRREVERSIBLE CHANGES TO YOUR COMPUTER SYSTEM. IT SHOULD BE HANDLED WITH CARE, PRECAUTION AND UNDER PROFESSIONAL GUIDANCE. YOU SHALL SOLELY BE RESPONSIBLE FOR ANY CHANGES MADE BY THE PROGRAM TO YOUR COMPUTER SYSTEM. PLEASE DO NOT INSTALL OR USE THIS PROGRAM IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT AND CANNOT PROPERLY INSTALL THIS PRODUCT.
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:
Applications Software. You may install, use, access, display, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal or other digital electronic 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.
Reservation of Rights. All rights not expressly granted herein are reserved by Consumer Software International.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law. You may not use any portion of the SOFTWARE PRODUCT to create derivative products of any kind.
Separation of Components. The SOFTWARE PRODUCT is used 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 or any intellectual property rights of Consumer Software International.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Support Services. Consumer Software International may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Consumer Software International policies and programs described in "online" documentation, and/or in other Consumer Software International-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 Consumer Software International as part of the Support Services, Consumer Software International may use such information for its business purposes, including for product support and development.
Termination. Without prejudice to any other rights, Consumer Software International may terminate this EULA immediately, without notice, if you fail to comply with any of 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.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Consumer Software International 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 SOFTWARE PRODUCT that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded SOFTWARE 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.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Consumer Software International or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium, including but not limited to electronic download. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Consumer Software International solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed material accompanying the SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT and documentation provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
This EULA is governed by the laws of the State of New York and any dispute arising out of the terms of this agreement shall be subject to venue in the Courts of New York County, New York. The United Nations Convention on the International Sale of Goods (CISG) shall not apply to the interpretation or enforcement of this Agreement. If you desire to contact Consumer Software International for any reason, please write: Consumer Software International, 802 6th Avenue, Suite 219, New York, New York 10001 within thirty (30) days of purchase.
CUSTOMER REMEDIES. Consumer Software International's and its suppliers' entire liability and your exclusive remedy shall be, at Consumer Software International's sole discretion. Remedies and product support services will not be offered by Consumer Software International.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Consumer Software International or its parents, subsidiaries, directors, principles, agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Consumer Software International has been advised of the possibility of such damages. In any case, Consumer Software International's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT.
DISTRIBUTION PERMISSION. Consumer Software International encourages you to share the installation executable with others. Under no circumstance does Consumer Software International grant any party permission to wrap this installation executable within another executable, install it in conjunction with another installation executable, and/or modify, remove or add files to the installation executable as compiled and released by Consumer Software International.
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. Consumer Software International specifically disclaims any express or implied warranty of fitness for such purposes.
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 Consumer Software International 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 PERFORMANCE WARRANTY. Consumer Software International 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 Consumer Software International 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.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Consumer Software International 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 AGREEMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSUMER SOFTWARE INTERNATIONAL AND ITS DIRECTORS, SUBSIDIARIES, PARENTS, PRINCIPLES, 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, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Consumer Software International 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 Consumer Software International 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.
COLLECTION AND THIRD PARTY COSTS: You agree that you are liable and shall, immediately upon notice from Consumer Software International, indemnify Consumer Software International for any costs, fees, damages or other liabilities (including attorneys' fees) that Consumer Software International incurs in connection with any collection activities or in responding to any third party dispute procedures (including Better Business Bureau (or any arbitration or mediation procedures), in a court of law or at equity) which you initiate that are ultimately adjudged or decided in favor of Consumer Software International.
ASSIGNMENT. You party may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior consent of Consumer Software International and the payment of applicable fees.
CONFIDENTIALITY. Except as otherwise permitted under this Agreement, you will not disclose to any third party, or make any use of the Consumer Software International's confidential information, including the SOFTWARE PRODUCT and accompanying documentation. You will use at least the same standard of care to maintain the confidentiality of the Consumer Software International's confidential information that you use to maintain the confidentiality of your own confidential information, but in no event less than reasonable care. The non-disclosure and non-use obligations of this Agreement with respect to each item of Consumer Software International's confidential information shall survive the termination of this Agreement.