IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE DRIVECLEANER . DriveCleaner Inc. AND/OR ITS SUBSIDIARIES IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE DRIVECLEANER (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND DriveCleaner Inc. BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE", "NO" BUTTON, OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT THE CUSTOMER SUPPORT TEAM.
The software which accompanies this license (collectively the
"Software") is the property of DriveCleaner Inc. or its licensors and
is protected by copyright law. While DriveCleaner Inc. continues to own
DriveCleaner, You will have certain rights to use DriveCleaner after
Your acceptance of this license. This license governs any releases,
revisions, or enhancements to DriveCleaner that DriveCleaner Inc. may
furnish to You.
Your
rights and obligations with respect to the use of this Software for the
period provided by DriveCleaner Inc. by the time of Software
downloading are as follows:
You may:
A. use one copy of DriveCleaner on one (1) single computer during subscription period;
B. make one copy of DriveCleaner for
archival purposes, or copy the DriveCleaner onto the hard disk of Your
computer and retain the original for archival purposes;
C. use DriveCleaner on a network,
provided that You have a licensed copy of DriveCleaner for each
computer that can access DriveCleaner over that network; and
D. after written permission from
DriveCleaner Inc., transfer DriveCleaner on a permanent basis to
another person or entity, provided that You retain no copies of
DriveCleaner and the transferee agrees to the terms of this license;
E. be informed of any changes or updates regarding the DriveCleaner by e-mail or any other contact method available.
You may not:
A. copy the printed documentation which may accompany DriveCleaner;
B. sublicense, rent or lease any
portion of DriveCleaner; reverse engineer, decompile, disassemble,
modify, translate, make any attempt to discover the source code of
DriveCleaner, or create derivative works from DriveCleaner
C. use a previous version or copy of
DriveCleaner 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;
D. use a later version of the
DriveCleaner than is provided herewith unless You have purchased
upgrade insurance or have otherwise separately acquired the right to
use such later version;
E. use a later version of the
DriveCleaner than is provided herewith unless You have purchased
upgrade insurance or have otherwise separately acquired the right to
use such later version; nor
F. use DriveCleaner in any manner not authorized by this license.
A. Refund issue will not be considered if a Supporter Tool log has not been submitted.
This will let the Technical Department analyze all possible issues, find reasons and provide solutions for them.
B. Our 24/7 customer support service
should be contacted for any troubleshooting. Customer support service
should be informed in the event the customer's system crashed for any
reason, in order for the customer to be entitled to claim a refund. If
the support team is not contacted, a refund will NOT be made.
This reduces all problems to technical difficulties which will be researched and solved.
DriveCleaner Inc. is not responsible for any help the customer gets from third party
technicians. Also any actions taken by the customer are made at his or
her risk.
C. Some of our products may be unsuited
to run with other software. We have the right to uninstall incompatible
products. We will notify our customers before uninstalling such
products. A customer CANNOT claim a refund if the reason is a
requisition or removal of conflicting software.
Coexistence of some
products may lead to many unsatisfactory effects as well as to slow the
customer's system. That is why the usage of DriveCleaner requires the
uninstallation of products which represent a risk to the system.
D. Customers CANNOT demand a refund on
Software if the problem is not related to that particular software. We
declare the functionality of all Software we sell. Refunds will not be
granted on the grounds of the Software not performing any function it
was not originally intended to perform. The issues the customer faces
can be related to the interaction of the Software with different
systems or other software.DriveCleaner Inc. is not responsible for any
harmful interactions.
In this case the Technical department will analyze the customer's system data and reports possible reasons for the problem.
E. We are not liable if the customer's system was restored or repaired and a refund will NOT be made in such a case.
In
a few cases, protection-related DriveCleaner cannot deal with
overloaded and damaged systems. In such cases, the DriveCleaner Inc. is
not responsible.
F. DriveCleaner Inc. cannot be held responsible for actions performed by the customer when not using our Software.
G. If the customer has problems
downloading DriveCleaner he or she may contact the customer support
service which will provide them with an alternative method within 72
hours after the complaint was filed. Declaring a refund is NOT possible
without installing and a 7-days trial procedure.
Partial refunds for defective DriveCleaner may be granted if the product has been acquired as part of a bundled purchase.
I. Refunds will not be given because of
wrong or improper software settings set. Instructions on correct
settings are described in the manual and can be also requested through
the software's web site or Customer Support Service.
J. Refunds will not be given for not
providing software burned on CD or any other media. There is no charge
for CD cost or shipping. The customer can record software downloaded
from Internet to CD or any other media for non-commercial purposes.
K. Monthly subscription customers may
only claim for refund for following months or within the first five
days of the current month. Refunds will not be given for previous
months.
Certain DriveCleaner Inc. products utilize content that is updated from time to time (antivirus products utilize updated virus definitions; content filtering products utilize updated URL lists; firewall products utilize updated firewall rules; vulnerability assessment products utilize updated vulnerability data, etc.; collectively, these are referred to as "Content Updates"). You may obtain Content Updates for any period for which You have registered a subscription for Content Updates for the DriveCleaner , downloaded a free copy, purchased upgrade insurance for the DriveCleaner , entered into a maintenance agreement that includes Content Updates, or otherwise separately acquired the right to obtain Content Updates. This license does not otherwise permit You to obtain and use Content Updates.
DriveCleaner Inc. warrants that the media on which the DriveCleaner
is distributed will be free from defects for a period of sixty (60)
days from the date of delivery of the DriveCleaner to You. Your sole
remedy in the event of a breach of this warranty will be that
DriveCleaner Inc. will, at its option, replace any defective media
returned to DriveCleaner Inc. within the warranty period. DriveCleaner Inc. does not warrant that the DriveCleaner will meet Your requirements
or that operation of the DriveCleaner will be uninterrupted or that the
DriveCleaner will be error-free.
DriveCleaner setup procedure
may uninstall some products or some components in order to avoid their
incompatibility with the Software being installed.
THE ABOVE
WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND
COUNTRY TO COUNTRY.
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.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY
SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL
DriveCleaner Inc. OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE
DRIVECLEANER EVEN IF DriveCleaner Inc. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL DriveCleaner Inc.OR ITS LICENSORS' LIABILITY EXCEED THE PRICE OF PURCHASE OF
DriveCleaner. The disclaimers and limitations set forth above will
apply regardless of whether You accept DriveCleaner.