End user agreement for PC Optimizer Pro
IMPORTANT-READ CAREFULLY: This PC Optimizer Pro Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Tweaking Tools Company, accompanying this EULA, which includes computer software and may include associated media, printed materials, and "on-line" or electronic documentation ("PC Optimizer Pro"). By exercising your rights to install and use copies of the PC Optimizer Pro, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the PC Optimizer Pro software.
The PC Optimizer Pro is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PC Optimizer Pro is licensed, not sold. The PC Optimizer Pro software is a product from Tweaking Tools Company.
Tweaking Tools Company reserves the exclusive right to periodically update this EULA at its discretion at any time, with reasonable notice to you by posting the new EULA at the following URL: http://www.tweakingtools.com/legal/pcoptimizerpro/eula.htm
1. GRANT OF LICENSE:
The PC Optimizer Pro is licensed as follows:
Installation and Use. Tweaking Tools Company grants you a non-exclusive right to install and use copies of the PC Optimizer Pro on your computers running validly licensed copies of the operating system for which the PC Optimizer Pro was designed [e.g., Microsoft Windows(r) XP; Microsoft Windows(r) 2000, Microsoft Windows(r) ME, etc.].
Backup Copies. You may also make copies of the PC Optimizer Pro as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Pre-release Software. If any component of the PC Optimizer Pro or any of its components is marked "Pre-release" or "Beta", the component of the PC Optimizer Pro constitutes pre-release code and may be changed substantially before commercial release. Tweaking Tools Company strongly recommends against using such pre-release software in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up.
* Installation and Use. You may install and use an unlimited number of copies of the PC Optimizer Pro.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the PC Optimizer Pro.
* Distribution. You may not distribute copies of the PC Optimizer Pro to third parties, except as expressly provided in Section 1.
* Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the PC Optimizer Pro, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not download the software for the intent of reverse engineering, decompiling, or disassembly of the PC Optimizer Pro.
* Rental. You may not rent, lease, or lend the PC Optimizer Pro.
* Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Restrictions on Alteration. You may not rename, edit or create any derivative works from the PC Optimizer Pro.
* Support Services. Tweaking Tools Company may provide you with support services related to the PC Optimizer Pro ("Support Services"). Use of Support Services is governed by the Tweaking Tools Company policies and programs described in the user manual, in "on line" documentation and/or other Avenue Media-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the PC Optimizer Pro and subject to the terms and conditions of this EULA. With respect to technical information you provide to Tweaking Tools Company as part of the Support Services, Tweaking Tools Company may use such information for its business purposes, including for product support and development. Tweaking Tools Company will not utilize such technical information in a form that personally identifies you.
* Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the PC Optimizer Pro.
Without prejudice to any other rights, Tweaking Tools Company may terminate this EULA and your use of the PC Optimizer Pro at anytime, if you fail to comply with the terms and conditions of this EULA, or for any other reason at the sole discretion of PC Optimizer Pro Company. In such event, you must destroy all copies of the PC Optimizer Pro and all of its component parts, and warrant that you have no further copies in your possession.
All title, including but not limited to copyrights, in and to the PC Optimizer Pro (including but not limited to any images, text, and "applets" incorporated into the PC Optimizer Pro), the accompanying printed materials, and any copies of the PC Optimizer Pro are owned by Tweaking Tools Company or its suppliers. The PC Optimizer Pro is protected by copyright laws and international treaty provisions. Therefore, you must treat the PC Optimizer Pro like any other copyrighted material.
5. U.S. GOVERNMENT RESTRICTED RIGHTS:
The PC Optimizer Pro and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
6. PC Optimizer Pro SOFTWARE SERVICES
* In consideration for the Service, you grant Tweaking Tools Company the right to gather information pertaining to your use of the machine, the Internet, and various other software packages you may have installed. Examples of information collected may include but is not limited to keywords searched for, links and ads clicked, and the length of your visit(s) to web sites and pages. With respect to information gathered by the PC Optimizer Pro as part of the Service, Tweaking Tools Company may use such information for its business purposes, including, but not limited to product support and development. Tweaking Tools Company will not unreasonably utilize such information in a form that personally identifies you to 3rd parties.
* For your convenience, the PC Optimizer Pro automatically updates itself and any other PC Optimizer Pro-installed software to the latest available versions at periodic intervals. In consideration for this feature, you grant Tweaking Tools Company access to your machine to automatically update the PC Optimizer Pro, add new features and other benefits, and periodically install and uninstall optional software packages. Any supplemental software code or optional software packages provided to you as part of the Service (including but not limited to any images, text, and "applets" accompanying the supplemental software code or optional software packages) shall be considered part of the PC Optimizer Pro and subject to the terms and conditions of this EULA.
* Upon installation and/or registration of the software, you grant to Tweaking Tools Company your express permission to contact you with important information about your account and updates to our services, policies and business practices. You have the option to choose not to be contacted by terminating your PC Optimizer Pro account and uninstalling the PC Optimizer Pro. If any information you provide to Tweaking Tools Company is incomplete or inaccurate, Tweaking Tools Company has the right to terminate your subscription and ability to use the Service.
7. NO WARRANTIES:
Tweaking Tools Company expressly disclaims any warranty for the PC Optimizer Pro. THE PC Optimizer Pro AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PC Optimizer Pro REMAINS WITH YOU.
8. LIMITATION OF LIABILITY:
To the maximum extent permitted by applicable law, in no event shall Tweaking Tools Company or its suppliers be liable for any special, incidental, indirect, consequential, or other 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 PC Optimizer Pro or the provision of or failure to provide Support Services, even if Tweaking Tools Company has been advised of the possibility of such damages. In any case, Avenue Media's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the PC Optimizer Pro or US$5.00; provided however, if you have entered into a Tweaking Tools Company Support Services Agreement, PC Optimizer Pro Company’s entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
Venue and the law governing this EULA are the laws of U.S.A.
Should you have any questions concerning this EULA, or if you desire to contact Tweaking Tools Company for any reason email us at email@example.com