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END-USER LICENSE AGREEMENT FOR PC OPTIMIZER PRO SOFTWARE

 Contents

  1. SCOPE OF THIS END-USER LICENSE AGREEMENT
  2. LICENSE
  3. SCOPE OF USAGE OF LICENSE
  4. SOFTWARE UPDATES
  5. PRODUCT INSTALLATION AND SOFTWARE COUNTERFIETING:
  6. PRODUCT SUPPORT
  7. MONEY BACK GUARANTEE AND REFUND POLICY
  8. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
  9. MONEY BACK GUARANTEE AND REFUND POLICY
  10. EXPORT REGULATION
  11. TERM AND TERMINATION
  12. COPYRIGHT
  13. OWNERSHIP
  14. COPYRIGHT AND RESERVED RIGHTS
  15. DMCA NOTICE AND INTELLECTUAL PROPERTY
  16. JURISDICTION - GENERAL TERMS
  17. TAXES
  18. WARRANTY
  19. DISCLAIMER OF DAMAGES
  20. PRIVACY; DATA PROTECTION STATEMENT
  21. LIMITATION OF LIABILITY
  22. PC OPTIMIZER PRO SOFTWARE SERVICES
  23. CONTACT US

PC OPTIMIZER PRO END-USER LICENSE AGREEMENT 

IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("EULA") BEFORE USING PC OPTIMIZER PRO (HEREINAFTER REFFRED TO AS "SOFTWARE" OR "PRODUCT"). PC OPTIMIZER PRO, A PRODUCT OWNED AND OPERATED BY XPORTSOFT TECHNOLOGIES INDIA AND/OR ITS SUBSIDIARIES (HEREINAFTER "XPORTSOFT", "PC OPTIMIZER PRO", "WE", "US", THE "MANUFACTURER" OR THE "MAKERS") IS PLEASED TO LICENSE THE PC OPTIMIZER PRO SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TO BELOW AS "USER", "YOU" OR "YOUR") ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND PC OPTIMIZER PRO. BY CLICKING ON THE "AGREE", "I ACCEPT" OR "YES" BUTTON OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, INSTALLING THE DOWNLOADED SOFTWARE, ACCESSING THE SOFTWARE ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAINING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE "AGREE", "I ACCEPT", OR "YES" BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT USE OR ACCESS THIS SOFTWARE OR OUR WEBSITE AT WWW.PCOPTIMIZERPRO.COM. AS ALREADY STATED, IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "CANCEL" OR "NO" OR "CLOSE WINDOW" BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT OUR CUSTOMER SERVICE REPRESENTATIVES, USING THE CONTACT DETAILS GIVEN LATER IN THIS LICENSE AGREEMENT, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE AMOUNT YOU PAID FOR YOUR CURRENT SERVICE PERIOD (DEFINED BELOW) AT ANY TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE OF AN ANNUAL SUBSCRIPTION.


SCOPE OF THIS END-USER LICENSE AGREEMENT

This Software and the accompanying documentation are protected by copyright laws. Objects accompanying this EULA strictly include PC Optimizer Pro computer software; and may also include online help, associated media and printed materials. PC Optimizer Pro is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. To use this Software, you must have been granted the necessary rights. This End-User License Agreement regulates the scope of rights granted to you as user of the Software by PC Optimizer Pro or Xportsoft Technologies (hereinafter referred to as "Makers"). Microsoft, Windows, Windows XP, Windows 7, Windows 8, and 'Microsoft Partner Silver Application Development' logo are products, logos, registered trademarks or protected names of Microsoft Corporation in the USA and/or in other countries. "Intel Software Partner" logo is registered trademark and protected name of Intel Corporation in the USA and/or in other countries. "IBM Business Partner" logo is registered trademark and protected name of IBM Corporation in the USA and/or in other countries. The makers of PC Optimizer Pro reserve the exclusive right to periodically update this EULA at their discretion, at any time, and without notice to you by way of posting the new EULA or any modifications or related addendum at the following: URL: http://www.pcoptimizerpro.com/eula.aspx.

1. LICENSE

1.1. The software which accompanies or is accessible through this license (collectively the "Software") is the property of Xportsoft Technologies or its licensees and is protected by copyright law. While we continue to own the intellectual property rights to the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Xportsoft Technologies may furnish. 1.2. Except as may be modified by a PC Optimizer Pro license certificate, activation key, license coupon, or license key (collectively, "License Key") that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows: You are entitled to: A. use the Software on or in conjunction with up to (i) the number of computers specified by your order for the use of the Software, for e.g. if your order includes three license keys, permitting you to use them on up to three computers, then you may use PC Optimizer Pro on three different using the given license keys; or (ii) in the case of Software purchased on a CD or other physical medium, the number specified on the Software package; or (iii) if you received the Software in combination with other hardware or software, solely in conjunction with such other hardware or software; B. transfer the Software on a permanent basis to another person or entity, provided that You first notify Xportsoft Technologies of Your intention in writing and that You retain no copies of the Software and the transferee agrees to the terms of this license. 1.3. Notwithstanding Section 1.2 above, if a License Key accompanies, precedes, or follows this license, You may: A. make that number of copies of the Software licensed to You by Xportsoft Technologies as provided in Your License Key. Your License Key shall constitute proof of Your right to make such copies; B. make one copy of the Software for backup purposes, or copy the Software onto the hard disk of Your computer and retain the original for backup purposes. C. use the Software on a network if You have a licensed copy of the Software for each computer that can access the Software over that network; or D. Use the Software on the same computer to create an image file of a hard drive on that computer and store the image file on removable media for disaster recovery purposes; E. Use the Software to create a boot disk for reapplying the hard drive image that was created for disaster recovery purposes to the hard drive on that same computer; and F. Use the Software to clone a hard drive from that same computer to a replacement computer, and to use the Software on the replacement computer, provided that the Software has been removed from the original computer. 1.4. You are not entitled to: A. use the Software in any way not authorized by this license; B. copy the printed documentation which accompanies the Software; C. sub-license, rent or lease any portion of the Software; D. reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; E. use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version; upon upgrading the Software, all copies of the prior version must be destroyed; F. use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version; or G. use the Software for the purpose of creating multiple computers or hard drives not connected to the original computer, with similar or identical configurations to that of the original computer or hard drive. 1.5. The software is installed as a free trial and is only able to be used with all of its features after the purchase of a license key. A user may uninstall this Software at any time, using the standard uninstall procedures as offered with your computer's Operation System, through accessing the computer's "Control Panel>Uninstall A Program" folder, selecting 'PC Optimizer Pro' from the list of installed applications, and right-clicking on 'PC Optimizer Pro' to select "Uninstall". 1.6. Service Period The software (including all its accompanying features and services), and software documentation, (including any product packaging, terms of use, privacy policy, registration emails, order confirmation, etc.) (the "Documentation"), that accompanies this License Agreement (collectively the "Software") is the property of Xportsoft Technologies or its licensors, and is protected by copyright law. Although Xportsoft Technologies continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software during the "Service Period". The "Service Period" shall begin on the date of Your purchase of a copy of the Software. The Service Period shall last for the period of time set out in the "Documentation" or the applicable transaction documentation from the authorized distributor, retailer or reseller from which You obtained the Software. The Software may automatically roll back to limited-functionality mode at the end of the Service Period, and You will (or may) not be entitled to use all of the premium features of the Software unless the Service Period is renewed. Renewal of the subscriptions of the Service Period can be accessed either by contacting our customer support representatives or buy directly clicking on, and following, the prompts that will begin to appear systematically on your computer when your product license nears its expiration date. 1.7. In-a-Nutshell: WITHSTANDING ALL CLAUSES STATED IN SECTION 1 ABOVE, THE MAKERS OF PC OPTIMIZER PRO SOFTWARE GRANT YOU A SIMPLE, NON-EXCLUSIVE RIGHT TO INSTALL AND USE PC OPTIMIZER PRO ON THE NUMBER OF COMPUTERS, AND FOR A PERIOD OF TIME, SPECIFIED ON YOUR ORDER.

2. SCOPE OF USAGE OF LICENSE

2.1. Usage rights A. Registered Version You have the simple, non-exclusive right to use the Software for your own purposes for a time period specified in your order: you are entitled to install and use one copy of the Software on one computer, unless you have been provided with a different number of licenses in the sales package/by our sales representatives or retailers/ through special offers/in the authorized e-shop/or in the accompanying documents. If this is the case, you are entitled to install and use one copy of the Software on one computer per license supplied. As a license holder, you must ensure that no unauthorized access can be made to the License Key (or "Product Key") provided to you to activate the Software. In particular, any publication of the License Key is forbidden. Use of the Software in this End-User License Agreement is considered any long-term or temporary, complete or partial reproduction (copying) of the Software by any act of saving, loading, running or displaying for the purpose of running the Software and processing the data contained in the Software by a computer. You are also permitted to perform the above actions for the purpose of observation and inspection or testing of the Software. Reproduction of the manual is not permitted, unless you are printing a copy of the manual that was only provided in electronic form for personal use only. You are permitted to make a backup copy of the Software and reasonable data backups to the extent that this is necessary to ensure future use of the Software. B. Unregistered Version For unregistered versions, the following terms are changed: You have the simple, non-exclusive right to use the Software for your own purposes with a limited functionality, or with restrictions, only. We may lock any number of features at any time and without any prior notice to you for use by unregistered users. After your purchase of a License Key, and registration or activation of the product, its full functionality will be unlocked and all features will be accessible to you for use. Distribution of Software versions of this product that PC Optimizer Pro has explicitly declared to be an "unregistered version" is allowed, as long as no sale, rental or other paid distribution takes place. A message regarding distribution or publication is requested. The unregistered version may be installed and used on an unlimited number of computers at the same time. As already stated, the purchase of an activation or license keyfor a single installed unregistered version or if the activation key is for a certain number of unregistered versions upgrades the corresponding number of unregistered versions to the full version. The user is, then, permitted to use the Software beyond the authorized restricted mode. For the full version, the provisions listed under A. regarding the scope of use as well as this End-User License Agreement come into effect. C. Volume License You can contact our sales representatives through email, live chat or through our 24x7 toll free number: 1-866-364-6553 to ask for bulk or volume licenses. For volume licenses, wherever the following terms are changed: You have the simple, non-exclusive right to use the Software on the number of computers specified on your order confirmation receipt or purchase invoice. As a license holder, you must take suitable action to ensure that the number of users of the Software on several PCs throughout an organization, network or personal user does not exceed the number of licenses included in the Volume License. If you have provided personal details, financial, organizational, personal, etc. when purchasing the Volume License Software, you assert that these details are accurate and up-to-date to the best of your knowledge and belief.

3. SOFTWARE UPDATES

3.1. You shall have the right to receive new features to and versions of the Software as PC Optimizer Pro, in its sole discretion, makes such features and versions available during Your Service Period or after its expiration if PC Optimizer Pro, in its sole discretion, decides to make such updates available to you. PC Optimizer Pro continually strives to improve the usability and performance of its products and services. In order to optimize the Software, and to provide You with the most current version of the Software for a pleasant PC optimization experience, You agree the Software may download and install new updates and versions of the Software as they are made available by PC Optimizer Pro in its sole discretion. You agree to receive and permit PC Optimizer Pro to deliver such new updates and versions to Your Device. Additionally, PC Optimizer Pro may modify the terms and conditions that apply to Your use of the Software to reflect such updates and You agree to such updated terms. 3.2. Wherever applicable, PC Optimizer Pro may use content that is updated from time to time, including but not limited to the following: revised registry cleaning areas, added junk cleanup areas, modifications in file shredding and registry optimization techniques, changes in database of potentially unwanted startup programs, etc.; these updates also collectively fall under the term "Updates". You shall have the right to receive Updates for the Software during Your Service Period and even after its expiration if PC Optimizer Pro, in its sole discretion, decides to make such updates available to you. 3.3. You acknowledge that certain PC Optimizer Pro software products utilize content that is updated from time to time. For example, driver update products utilize updated computer components, drivers and file versions, and/or updated BIOS versions; and content delivery features utilize updated URL links, etc. (all such data will also be collectively covered under, "Updates" clause of this License Agreement). As already stated, You may obtain Updates for any period for which You have (i) purchased a subscription for Updates for the Software (including any subscription included with Your original purchase of the Software), (ii) purchased upgrade for the Software, (iii) entered into a maintenance or support agreement that includes Updates, or (iv) otherwise separately acquired the right to obtain Updates, or in case updates are provided to you (regardless of your use of the Software as registered or unregistered version) by PC Optimizer Pro in its sole discretion. Except to the extent expressly stated above, this license does not permit You to ask PC Optimizer Pro for Updates. PC Optimizer Pro may anytime discontinue providing updates to you without prior notice. 3.4. You further acknowledge that you must routinely download and permit installation of Software Updates in order to obtain maximum benefit from the Software. 3.5. PC Optimizer Pro, may install software updates silently on your PC to ensure your normal computing is not bothered. We ensure the updates we provide are secure, lightweight, and are meant to fix bugs, improve UI, add features, enhance designs and color codes, and make other enhancements in order to provide you a pleasant user experience. Our silent update processes do not harm your computer by any means and do not downgrade its performance one bit. 3.6. PC Optimizer Pro, from time to time, may provide you Software Updates through a special, secure update wizard that will offer you easy prompts for easy navigation and to assist you in completing the update processes successfully. During the update processes, we may offer additional, useful software applications (which may be embedded or bundled and may be published by either Xportsoft Technologies or by any other third-party vendor deemed reliable by Xportsoft Technologies) that will be installed on your computer while PC Optimizer Pro completes its update process. However, you have the option to choose whether or not you want to the PC Optimizer Pro update wizard to install those applications on your computer. You can accept or decline an offer by selecting or clearing the check box given on the prompt screen during the update process. 3.7. Considering section 3.6. above; in case you wish to install the applications being offered to you during the update process, please mind that the use of those applications is compliant with, and governed by, the Terms of Use, Privacy Policy and EULA of their corresponding publisher. Though we do our best to ensure whatever products we offer or bundle with our update wizard is useful, authentic and secure, PC Optimizer Pro will hold no liability whatsoever in case of any type of issue, discrepancy, loss or damage that might occur due to your use of third-party software applications. For products from Xportsoft Technologies, all clauses of this End User License Agreement will stand in effect.

4. PRODUCT INSTALLATION AND SOFTWARE COUNTERFIETING:

A. In case you reach out to any of our customer support representative for seeking assistance in installing the Software on your computer, if required, we may temporarily disable other products, or features of such products, if such products or features are incompatible with the Software, are obstructing the installation of the Software. By expressing your consent to install the Software, you agree to our terms and permit us do so. In such event, you agree that PC Optimizer Pro will not hold any sort of liability whatsoever if any discrepancy occurs in terms of loss of your paid software, damages or loss of profits or any other loss. B. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that PC Optimizer Pro may use these measures to protect itself against software piracy. In case our technological measure figure out the use of any keygen, software patching or cracking done by You to unlock the full functionality of our software, you agree that we may completely block You from accessing our software. Also, in severe scenario, we may file a legal suit in the concerned jurisdiction to seek compensation against our loss of profits or reputation for software counterfeiting, in case we consider that your act has caused any sort of monetary or reputation harm to us. All attempts at fraud will be prosecuted. To know more about this, You may contact our Customer Support Division using the information provided to by PC Optimizer Pro during activation, or as set out below.

5. PRODUCT SUPPORT

In connection with Your use of the Software You may choose to access certain "Product Support" features that may be offered from within the Software or through our website www.pcoptimizerpro.com, which may include live chat with a customer support agent and/or assistance from a customer support agent via remote computer access (any such support offered from within the Software or Website and for the purpose of resolving issues related to only the Software shall be referred to in this License Agreement as the "Product Support"). Product Support may include, but is not limited to, queries related to installation, uninstallation, or working of PC Optimizer Pro. Any such Product Support shall be provided in PC Optimizer Pro's sole discretion without any guarantee or warranty of any kind other than any guarantees applicable under consumer laws in Your jurisdiction, including under Competition and Consumer Laws for Australian Consumers, which cannot be excluded or limited in any way. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Product Support. In the course of providing the Product Support, PC Optimizer Pro may determine that the user issue is beyond the scope of the Product Support Services covered under this EULA or services offered to you as part of your purchase of PC Optimizer Pro. PC Optimizer Pro reserves the right to refuse, suspend or terminate any of the Product Support Service in its sole discretion. The makers may provide you with support services related to PC Optimizer Pro ("Product Support"). Use of the Services is governed by PC Optimizer Pro policies and processes described in the PC Optimizer Pro Online Help and/or other materials provided to you. Any supplemental software code provided to you as part of the Product Support Services shall be considered part of the software and subject to the terms and conditions of this EULA. As a Product Support policy, the makers may use technical information provided by you for business purposes, including for product support and development. The makers will not utilize such technical information in a form that personally identifies you. If required and considered necessary to help you resolve issues that are beyond the scope of Product Support services included in your purchase of PC Optimizer Pro, we may recommend you to purchase, download or install any utility or service either owned and operated by Xportsoft Technologies or by any other third-party service provider. However, in your sole discretion, you may accept or reject any such service recommended or offered to you. PLEASE NOTE: DURING REMOTE ACCESS SESSION, WE DO NOT ACCESS ANY TYPE OF PERSONAL DATA, INFORMATION OR SENSITIVE FILES, SETTINGS OR PROGRAMS INSTALLED OR AVAILABLE ON YOUR COMPUTER. AT THE MAXIMUM STRETCH, OUR CUSTOMER SUPPORT REPRESENTATIVES MAY LEAVE A SMALL TEXT FILE ON YOUR COMPUTER TO HELP YOU KEEP A RECORD OF THE SUPPORT SERVICE PROCESS WE PERFORMED FOR YOU. SUCH FILES ARE HARMLESS AND CAN BE DELETED AT ANY TIME, IF YOU SO DESIRE. 5.1. Policy for use of 24x7 Product Support PC Optimizer Pro offers '24x7 Product Support', a built-in feature that will help you resolve your issues and queries related to PC Optimizer Pro as per the clauses and terms set out in section 5 of this document.

6. MONEY BACK GUARANTEE AND REFUND POLICY

If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please make no further use of the Software and contact PC Optimizer Pro Customer Service, using the contact details set out in Section 21 of this License Agreement, for details on how to return the Software and obtain a refund of the amount You paid for the current Service Period at any time during the thirty (30) day period following the date of purchase of a subscription. Unless the Software is defective, You will be responsible for the cost of returning the Software to Xportsoft Technologies, including any applicable taxes. If You are a consumer (i.e. You are using the software for personal, non-commercial reasons and You are acting outside Your, or anyone else’s, business, trade or profession or You are otherwise a consumer under applicable laws in Your jurisdiction (a "Consumer")), this does not affect any legal rights which You have as a Consumer under applicable laws in Your jurisdiction. If you are an Australian Consumer, this does not affect any legal rights which You have as a Consumer under the Australian Competition and Consumer Act 2010. If You received the Software as a "bundled" product with the purchase of Your PC, or if You fail to notify PC Optimizer Pro Customer Service or the Retailer within the Guarantee Period, You are not entitled to a refund. If you receive the software as part of a combo or bundle, and wish to seek refund for the any of the applications bundled in the package you purchased, your license to use the rest of the applications will also be revoked.

7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

7.1. Pre-release Software If PC Optimizer Pro or any of its components are marked "Pre-release" or "Beta" the components of the software constituting pre-release code may be changed substantially before commercial release. The makers strongly recommend 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. 7.2. Installation and Use You may install and use an unlimited number of copies of PC Optimizer Pro on multiple computers. 7.3.Maintenance of Copyright Notices You must not remove or alter copyright notices you get with a copy of PC Optimizer Pro. 7.4. Distribution You may not distribute copies of PC Optimizer Pro to third parties except under express consent of the makers. 7.5.Prohibition on Reverse Engineering, Decompilation, and Disassembly You may not reverse -engineer, decompile, or disassemble 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 PC Optimizer Pro for the intent of reverse engineering, decompiling, or disassembly of the software. 7.6. Rental You may not rent, lease, or lend PC Optimizer Pro. 7.7. Transfer You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. 7.8. Restrictions on Alteration You may not rename, edit or create any derivative works from PC Optimizer Pro.

8. EXPORT REGULATION

You acknowledge that the Software and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license, or other governmental approval, is required. In particular, the Software is prohibited for export or re-export (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, accessing or using the Software, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. USE OR FACILITATION OF THE SOFTWARE IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.

9. TERM AND TERMINATION

9.1. Term The initial term of this Agreement will commence on the date you download, purchase or otherwise acquire the Software, and will continue (i) for the term specified in your order for the Software, or (ii) if you purchased the Software on CD or other physical medium, on the Software package, or (iii) if renewal terms are available, PC Optimizer Pro will provide notice, offers or alerts offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the "Term". 9.2. Termination PC Optimizer Pro, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement. 9.3. Effect of Termination On the expiration or termination of this Agreement, you will cease using the Software, PC Optimizer Pro may cease making Updates available to you, and the Software may cease functioning. Section 10, 11, 12, 16, 17 and 19 will survive the expiration or termination of this Agreement.

10. COPYRIGHT

All title, including but not limited to copyrights, in and to PC Optimizer Pro (including but not limited to any images, text, and "applets" incorporated into PC Optimizer Pro, and any copies of the software are owned by the makers or suppliers of PC Optimizer Pros. PC Optimizer Pro software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.

11. OWNERSHIP

9.1. Term The initial term of this Agreement will commence on the date you download, purchase or otherwise acquire the Software, and will continue (i) for the term specified in your order for the Software, or (ii) if you purchased the Software on CD or other physical medium, on the Software package, or (iii) if renewal terms are available, PC Optimizer Pro will provide notice, offers or alerts offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the "Term". 9.2. Termination PC Optimizer Pro, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement. 9.3. Effect of Termination On the expiration or termination of this Agreement, you will cease using the Software, PC Optimizer Pro may cease making Updates available to you, and the Software may cease functioning. Section 10, 11, 12, 16, 17 and 19 will survive the expiration or termination of this Agreement.

12. COPYRIGHT AND RESERVED RIGHTS

All title, including but not limited to copyrights, in and to PC Optimizer Pro (including but not limited to any images, logos, graphics, text, and "applets" incorporated into PC Optimizer Pro, and any copies of the software are owned by the makers or suppliers of PC Optimizer Pro. PC Optimizer Pro software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.

12. COPYRIGHT AND RESERVED RIGHTS

All title, including but not limited to copyrights, in and to PC Optimizer Pro (including but not limited to any images, logos, graphics, text, and "applets" incorporated into PC Optimizer Pro, and any copies of the software are owned by the makers or suppliers of PC Optimizer Pro. PC Optimizer Pro software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.

13. DMCA NOTICE AND INTELLECTUAL PROPERTY

PC Optimizer Pro cares and protects Intellectual Property rights and requests its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, PC Optimizer Pro will respond expeditiously to claims of copyright infringement that might be committed accidentally in our Software and/or the PC Optimizer Pro website (the "Site") if such claims are reported to our Copyright Management Team in the nick of time. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or Software by completing the following DMCA Notice of Alleged Infringement and delivering it to us. Upon receipt of Notice carrying details requested below, PC Optimizer Pro will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site or Software. If you believe that one of your works has been copied in a way that infringes copyright laws, within the Software or Service, please report it to PC Optimizer Pro with the following information provided: 13.1. Detailed description of the work protected by copyright laws which you believe being infringed, also describing of the origin of the right itself; 13.2. Indicate where, in the platform, you have found the infringement; 13.3. Your name, address, phone number, and email address; 13.4. A declaration in which you state, in good faith, that the use of the Content is not authorized by the copyright owner, or any of its licensees, or under the copyright laws; 13.5. A declaration stating that the information you provide are true and that you are the legitimate copyright owner or you are legitimately acting on behalf of the owner; 13.6. The user shall declare in advance, if any of his/her content is copyrighted and registered with the authority.

14. JURISDICTION - GENERAL TERMS

14.1. U.S. Government restricted rights: PC Optimizer Pro and all the documentation related to it 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. 14.2. This agreement and your use of PC Optimizer Pro and all related services are governed by the Cyber Laws of the U.S., and the relevant courts of the US have exclusive jurisdiction over any dispute arising out of Your use of the Software. However, wherever applicable in sole discretion of PC Optimizer Pro, relevant and applicable Cyber Laws of India or the country in which the user resides may also apply. In case of any conflict between the Cyber Laws of India and those of the country in which the user resides, the Cyber Laws of India will be applicable. 14.3. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. 14.4. This Agreement was originally prepared in the English language. Although PC Optimizer Pro may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy. 14.5. This agreement constitutes the entire agreement between You and PC Optimizer Pro with respect to this transaction and any prior statements or representations. Any changes or addendum to this agreement will be posted on our website and, therefore, you are requested to check out our Website periodically. 14.6. Mandatory consumer protection laws in the country in which you habitually reside are not affected by this. In case of any conflict, the consumer protection laws of India will be applicable. 14.7. The provisions of the UN Convention on the International Sale of goods are excluded.

15. TAXES

You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software.

16. WARRANTY

THE MAKERS OF PC OPTIMIZER PRO EXPRESSLY DISCLAIM ANY WARRANTY FOR PC OPTIMIZER PRO. 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 PC OPTIMIZER PRO - REMAINS WITH YOU.

17. DISCLAIMER OF DAMAGES

PC OPTIMIZER PRO DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. PC OPTIMIZER PRO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.

18. PRIVACY; DATA PROTECTION STATEMENT

18.1. PC Optimizer Pro may deliver any notice to you via pop-up window, dialog box, broadcast messages, email or other means, even though you may or may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date PC Optimizer Pro first makes it available through the Software, irrespective of when you actually receive it. 18.2. You acknowledge that PC Optimizer Pro collects certain information regarding the users of the Software, including certain personally identifiable information that you entrust to us while using our software or support services which may include, but is not limited to, your phone number, address, email id, credit card details, etc. You hereby consent to PC Optimizer Pro’s collection and use of such information, and agree that PC Optimizer Pro's collection and use of such information will be governed by PC Optimizer Pro's Privacy Policy, currently published at https://pcoptimizerpro.com/privacypolicy.aspx andPC Optimizer Pro may revise the same from time to time. From time to time, the Software may collect certain information, including personally identifiable information, from the Device on which it is installed, which may include: A. Status information regarding installation and operation of the Software. This information indicates to PC Optimizer Pro whether installation of the Software was successfully completed as well as whether the Software has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the Software at the time of installation or error. The status information is collected by PC Optimizer Pro for the purpose of evaluating and improving its product performance and installation success rate. PC Optimizer Pro may also use this information to optimize its web-pages. B. Information contained in email messages that You send and receive, through or from, the Software or PC Optimizer Pro to report any issue or to seek support. These email messages may contain personally identifiable information. If You send such messages to PC Optimizer Pro, PC Optimizer Pro will use them only for the purpose of improving its service technology. PC Optimizer Pro will not correlate or match up these files with any other personally identifiable information. Other terms on use and storage of your personal information will be in accordance with PC Optimizer Pro's Privacy Policy posted at http://pcoptimizerpro.com/privacypolicy.aspx. C. The Internet Protocol (IP) address and/or Media Access Control (MAC) address and theMachine ID of the Device on which the Software is installed to enable the Software to function and for license administration purposes. D. Other general, statistical information used for product analysis, and for improving product functionality. E. Unless it is expressly defined as optional, the collected information as set out above is necessary for the purpose of the functionality of theProduct. F. By using the Software, You acknowledge and agree that PC Optimizer Pro may collect, transmit, store, disclose and analyze such information in line with its Privacy and Data Sharing Policies.

19. LIMITATION OF LIABILITY

19.1. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 19.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY: A. IN NO EVENT WILL PC OPTIMIZER PRO OR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANY DEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USE OF THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS, INCLUDING BUT NOT LIMITED TO, CONTENT UPDATES, DRIVERS OR OTHER FILES RECEIVED FROM ANY THIRD PARTY (COLLECTIVELY, "THIRD PARTY PRODUCTS"), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY"S) USE OF THE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTION WITH THIRD PARTY PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BE ADDRESSED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND SUCH THIRD PARTIES. B. IN NO EVENT WILL PC OPTIMIZER PRO OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PC OPTIMIZER PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. IN NO EVENT WILL PC OPTIMIZER PRO’S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE. D. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.

19. LIMITATION OF LIABILITY

19.1. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 19.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY: A. IN NO EVENT WILL PC OPTIMIZER PRO OR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANY DEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USE OF THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS, INCLUDING BUT NOT LIMITED TO, CONTENT UPDATES, DRIVERS OR OTHER FILES RECEIVED FROM ANY THIRD PARTY (COLLECTIVELY, "THIRD PARTY PRODUCTS"), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY"S) USE OF THE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTION WITH THIRD PARTY PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BE ADDRESSED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND SUCH THIRD PARTIES. B. IN NO EVENT WILL PC OPTIMIZER PRO OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PC OPTIMIZER PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. IN NO EVENT WILL PC OPTIMIZER PRO’S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE. D. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.

20. PC OPTIMIZER PRO SOFTWARE SERVICES

20.1. In consideration for the Service, you grant the makers the right to gather information pertaining to your use of the PC, 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 as part of the Service, such information may be used by the makers for business purposes, including, but not limited to product support and development. The makers will not unreasonably utilize such information in a form that personally identifies you to 3rd parties. 20.2. 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 PC Optimizer Pro and subject to the terms and conditions of this EULA. 20.3. Upon installation and/or registration of the software, you grant to the makers your express permission to contact you with important information about you and updates to their services, policies and business practices. You have the option to choose not to be contacted by unsubscribing PC Optimizer Pro services. If any information you provide to the makers is incomplete or inaccurate, the makers have the right to terminate your subscription and ability to use the Service. 20.4. Privacy Policy regarding PC Optimizer Pro software and its usage can be seen at https://www.pcoptimizerpro.com/privacypolicy.aspx. 20.5. By using/purchasing the Software, you permit PC Optimizer Pro to open (auto-launch) your Web browser to open Web pages relating to your use of PC Optimizer Pro for the purpose of relevantly showing you the data which may include, but is not limited to, the status of your subscription, current actions, your PC's optimization status, periodic offers, renewal alerts, etc. You consent to the auto-launching of your Web browser by PC Optimizer Pro, though we may provide you in-app options to turn the said feature on or off. 20.6. By using/purchasing the Software, you permit PC Optimizer Pro to show you periodic broadcast messages which may be in the form of tray alerts, Web pages, etc. and can be intended to offer you recommendations regarding safe and better computing, offer special discounts and promotional deals on either PC Optimizer Pro or products owned and operated by Xportsoft Technologies, offer notifications relating to your PC's optimization or privacy status, provide seasonal and festive discounts, etc. By using the product, you authorize PC Optimizer Pro to send your way such messages and notifications, though we may provide you in-app options to turn the said feature on or off. Also, we ensure that only authentic and secure data and messages are provided to you and PC Optimizer Pro is firm on ensuring that such message, alerts, notifications, etc and completely secure, hassle-free and harmless for you and your computer system.

21. CONTACT US

Wish to have a word with us, we'll love it. Here's all the information you will ever need to get in touch with us in case you have any queries or need any clarifications regarding this EULA or any of our Products or Services. Xportsoft Technologies Near GuggaMaadi, Khojkipur Kardhan Road Haryana 133001 India support@pcoptimizerpro.com

 

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