WinCleaner OneClick 12.18

EULA - End User License Agreement

Business Logic Corp.
End User License Agreement (EULA)
Software Subscription Agreement
IMPORTANT - THIS SUBSCRIPTION IS PROVIDED ONLY ON THE CONDITION THAT THE SUBSCRIBER (REFERRED TO IN THIS AGREEMENT AS “SUBSCRIBER”) AGREES TO THE TERMS AND CONDITIONS SET FORTH IN THE FOLLOWING LEGAL AGREEMENT WITH BUSINESS LOGIC CORPORATION. AND/OR ONE OF ITS SUBSIDIARIES (“BUSINESS LOGIC”). READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING IT. BY CLICKING ON THE “I AGREE” BUTTON BELOW OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT (1) YOU, ON BEHALF OF YOURSELF, OR (2) SUBSCRIBER, IF SUBSCRIBER IS A BUSINESS, AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Subscription and Grant of Right to Use. Subject to the terms and conditions of this Agreement, Business Logic agrees to provide Subscriber the subscription services (“Subscription”) as described in the purchase commitment mutually agreed upon between the parties (“Order”). Business Logic grants to Subscriber as part of the Subscription a non-exclusive, nontransferable right to use certain proprietary software applications ("Software"), and certain modifications or revisions to the Software (“Software Upgrades”), together with applicable documentation and the accompanying media, if any, (collectively, the “Products”). The Products are provided for UP TO 5 PCS OR SEATS IN THE SAME HOUSEHOLD. (not for the benefit of any other person or entity) for the time period set forth herein or in the applicable Order (“Subscription Term”), provided Subscriber has and continues to pay the applicable fees for the Products (“Subscription Fees”). Subject to compliance with the terms of this Agreement. All fees paid for the Products are nonrefundable. “Seat” means each computer, electronic appliance or device that is authorized to access or use the Products, directly or indirectly. Subscriber may NOT exceed the number of ALLOWABLE Seats. Unless specifically authorized in writing in advance by Business Logic, Subscriber may not rent, lease or timeshare the Products or provide subscription services for the Products or permit others to do so. Any source code provided to Subscriber by Business Logic is subject to the terms of this Agreement. Subject to the terms of this Agreement, Subscriber may allow its agents and independent contractors to use the Products solely for the benefit of Subscriber; provided, however, Subscriber remains responsible for any breach of this Agreement. Any other use of the Products by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. Evaluation subscriptions to the Products are provided by Business Logic subject to the terms and conditions of this Agreement. Evaluation subscriptions are available for a period of up to thirty (30) days, and may be used only to evaluate and facilitate Subscriber's decision to purchase a subscription to Products, and at the end of the evaluation period, Subscriber must pay the applicable Subscription Fees or this Agreement will automatically terminate and Subscriber must comply with the terms of Section 7 below.
2. Technical Support. Standard technical support includes online website support during business hours, and Software Upgrades for the Products during the Subscription Term upon payment of the annual Subscription Fee. Standard technical support is provided pursuant to the terms of this Agreement and the then-current technical support policies which are available at . Business Logic may require Subscriber to install Software Upgrades up to and including the latest release. Updates and Software Upgrades will be provided to Subscriber only if Subscriber has paid the appropriate annual Subscription. Software will stop working after the subscription period expires, unless the subscription is renewed or a new product key is purchased.
3. Intellectual Property Rights. The Products and all intellectual property rights therein and related thereto are the sole and exclusive property of Business Logic and any third party from whom Business Logic has licensed software for incorporation in or distribution with the Products. All right, title and interest in and to the Products and any modifications, translations, or derivatives thereof, even if unauthorized, and all applicable rights in patents, copyrights, trade secrets, trademarks and all intellectual property rights in the same shall remain exclusively with Business Logic and its licensors. The Products are valuable, proprietary, and unique, and Subscriber agrees to be bound by and observe the proprietary nature thereof. The Products contain material that is protected by patent, copyright and trade secret law, and by international treaty provisions. All rights not granted to Subscriber in this Agreement are reserved to Business Logic. No ownership of the Products passes to Subscriber. Business Logic may make changes to the Products at any time without notice. Except as otherwise expressly provided, Business Logic grants no express or implied right under Business Logic patents, copyrights, trademarks, or other intellectual property rights. Subscriber may make a sufficient number of copies of the Software for its authorized use and may maintain one (1) copy of the Software for backup purposes only. Subscriber may not remove any proprietary notice of Business Logic or any third party from any copy of the Products.
4. Protection and Restrictions. Subscriber agrees to take all reasonable steps to safeguard the Products to ensure that no unauthorized person has access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form is made. Subscriber acknowledges that the Products contain valuable, confidential information and trade secrets and that unauthorized use and/or copying is harmful to Business Logic. Subscriber may not directly or indirectly transfer, assign, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Products or any part thereof. Subscriber may not reverse engineer (except as required by law in order to assure interoperability), decompile, translate, adapt, or disassemble the Products, nor shall Subscriber attempt to create the source code from the object code for the Software. Any third party software included in the Products may only be used in conjunction with the Products, and not independently from the Products. Subscriber may not, and shall not allow third parties to, publish, distribute or disclose the results of any benchmark tests performed on the Products without Business Logic's prior written approval. Subscriber represents and warrants that it will comply with all laws, rules and regulations which apply to its use of the Products. Subscriber further represents and warrants that the Products will not be used to filter, screen, manage or censor Internet content for consumers without (a) permission from the affected consumers and (b) Business Logic's express prior written approval which may be withheld in Business Logic's sole and absolute discretion. Additional charges may apply if Subscriber assigns more than twenty (20) administrators to administer certain Business Logic products.
5. Limited Warranty. For the Subscription Term, Business Logic warrants that the Products will operate in substantial conformance with the then-current Business Logic published documentation under normal use. Notwithstanding the previous sentence, Business Logic does not warrant that: (i) Products will be free from defects; (ii) Products will satisfy all of Subscriber's requirements; (iii) Products will operate without interruption or error; (iv) Products will always locate or block access to or transmission of all desired addresses, applications and/or files; (v) Products will identify every transmission or file that should potentially be located or blocked; (vi) addresses and files contained in the Products will be appropriately categorized; or (vii) algorithms used in the Products will be complete or accurate. Business Logic shall use reasonable efforts to remedy any significant Product non-conformance reported to Business Logic that Business Logic can reasonably identify and confirm. Business Logic or its representative will repair or replace any such non-conforming or defective Products, or refund a pro-rata share of the Subscription Fees paid for the then-current term, at Business Logic's sole discretion. This paragraph sets forth Subscriber's sole and exclusive remedy and Business Logic's entire liability for any breach of warranty or other duty related to the Products. Any unauthorized Product modification, tampering with the Products, Product use inconsistent with the accompanying documentation, or related breach of this Agreement shall void the aforementioned warranty. EXCEPT AS EXPLICITLY SET FORTH HEREIN AND TO THE EXTENT ALLOWED BY LAW, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL BUSINESS LOGIC, ITS AFFILIATES, ITS LICENSORS OR RESELLERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO CLAIMS FOR LOSS OF DATA, GOODWILL, OPPORTUNITY, REVENUE, PROFITS, OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, PRIVACY, ACCESS TO OR USE OF ANY ADDRESSES OR FILES THAT SHOULD HAVE BEEN LOCATED OR BLOCKED, NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE AND THIRD PARTY CLAIMS, EVEN IF BUSINESS LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BUSINESS LOGIC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUBSCRIBER TO BUSINESS LOGIC FOR THE APPLICABLE PRODUCTS OVER THE ONE YEAR PERIOD PRIOR TO THE EVENT OUT OF WHICH THE CLAIM AROSE FOR THE PRODUCTS THAT DIRECTLY CAUSED THE LIABILITY.
7. Termination. This Agreement is effective until the end of the Subscription Term for such use as is authorized, or until terminated by either party. Subscriber may terminate this Agreement at any time upon notification to Business Logic. However, Subscriber shall not be entitled to a refund of any prepaid or other fees. Business Logic may terminate this Agreement if Business Logic finds that Subscriber has violated the terms hereof. Upon notification of termination by either party, Subscriber agrees to uninstall the Software, cease using and to destroy or return to Business Logic all copies of the Products and to certify in writing that all copies thereof, including backup copies, have been destroyed. Section 3-7, 9 and 11 shall survive the termination of this Agreement.
8. Government Restricted Rights. The Products are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. Use of the Products by the U.S. Government constitutes acknowledgment of Business Logic's proprietary rights therein. Contractor or Manufacturer is Business Logic.