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Netcom3 End User License Agreement (EULA)

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SOFTWARE END USER LICENSE AGREEMENT |
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PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE INSTALLING OR USING THIS SOFTWARE.
Netcom3 PC Cleaner. strives to provide
exceptional software products that help to resolve
computer problems and help to facilitate an error
free and more enjoyable Internet and computer
experience for the end user. By installing and using
this Netcom3 PC Cleaner (the "Software"), you hereby
agreed to the following terms and conditions.
1. License. Subject to the terms
and conditions of this Agreement, Netcom3 PC Cleaner
grants to you a limited, non-exclusive,
non-transferable license, without the right to
sub-license, to use or evaluate the Software in
accordance with this Agreement and any other written
agreement with Netcom3 PC Cleaner. You have
purchased a license to use the Software. Netcom3 PC
Cleaner does not transfer title of the Software to
you. This Agreement is a legally binding agreement
between Netcom3 PC Cleaner and the user(s) of this
Software. If you do not agree to the terms and
conditions of this Agreement, you are required to
immediately cease installing or using this Software
and remove the Software and any documentation from
your computer.
2. Distribution - Unless otherwise
authorized herein, this Software, any accompanying
documentation, and the license herein granted shall
not be copied, shared, distributed, re-sold, offered
for re-sale, transferred or sub-licensed in whole or
in part except that you may make one copy for
archive purposes only. For information about
redistribution of this Software, please contact
Netcom3 PC Cleaner at:
http://www.netcom3.com
3. User Agreement
3.1 Evaluation Version use -You may
evaluate this Software without purchasing a license
(the "Evaluation Version") for a maximum number of
days indicated and permitted by Netcom3 PC Cleaner,
or you may have limited access to some of the
features and functionality of the Software. In order
to use or continue to use all the features and
functionality of the Software you must purchase a
license from Netcom3 PC Cleaner. For more
information about purchasing a license to use the
Software, please contact Netcom3 PC Cleaner at:
http://www.netcom3.com
3.2 Activation of Software - Once
you have purchased a license from Netcom3 PC Cleaner
in order to continue to use the Software, you may be
required to activate the Software through the
Internet. There are technological measures within
the Software that are designed to prevent unlicensed
use of the Software. Netcom3 PC Cleaner will use
those measures to confirm you have a valid licensed
copy of the Software. Netcom3 PC Cleaner will not
collect any personally identifiable information from
your computer location or workstation during this
process.
3.3 Distribution - The Evaluation
Version of the Software may be freely distributed,
provided that:
1. Such distribution includes
only the original Software supplied by
Netcom3 PC Cleaner. You may not alter,
delete or add any files in the distribution
Software or modify the Software in any way.
2. The limited evaluation
nature of this Evaluation Version Software
is not misrepresented.
3. No money is charged to the
person receiving this Evaluation Version
Software, beyond reasonable cost of
packaging and other overhead, if applicable.
4. You provide prior email or
written notice to Netcom3 PC Cleaner that
you are distributing this Evaluation Version
and receive written confirmation of Netcom3
PC Cleaner’s authorization for such
distribution. If the Software is being
distributed with other hardware, media or
software, Netcom3 PC Cleaner’s prior written
authorization is required. You may be
required to report to us the number of units
of this Evaluation Version Software
distributed from time to time.
3.4 Use -Your license to use this
Software is limited to the number of licenses
purchased by you and for a limited number of days.
Upon the expiration of your license, you will be
required to renew and purchase another license in
order to continue to use all the features and
functionality of the Software. For more information
about purchasing additional licenses of this
Software or renewing your existing license, please
contact Netcom3 PC Cleaner at:
http://www.netcom3.com.
You shall not allow others to use, copy
or evaluate copies of this licensed Software. Others
may obtain an Evaluation Version of the Software or
purchase a license to use the Software from:
http://www.netcom3.com..
3.5 Use Restrictions - You shall
use this Software in compliance with all applicable
laws and not for any unlawful purpose. Each licensed
copy of this Software may be used on one single
computer location or workstation, unless otherwise
authorized herein. "Use" of the Software means that
you have loaded, installed, or run the Software on a
computer or similar device. If you install the
Software onto a multi-user platform, server or
network, each and every individual user of the
Software must be licensed separately or included by
a multi-site license in order to access all the
features and functionality of the Software. You may
make one copy of this Software for backup purposes,
providing you only have one copy installed on one
computer location or workstation (or number of users
covered in a multi site license). Others may not use
or install your licensed copy of this Software. The
assignment, sublicense, networking, sale, or
distributions of copies of this licensed Software
are strictly forbidden without the prior written
consent of Netcom3 PC Cleaner. It is a violation of
this Agreement to assign, sell, share, loan, rent,
lease, borrow, network or transfer the use of this
licensed Software. If any person other than yourself
uses Software registered in your name on another
computer location or workstation, regardless of
whether it is at the same time or different times,
then this Agreement is being violated and you are
responsible for that violation!
3.6 Copyright Restriction - This
Software contains copyrighted material, trade
secrets and other proprietary material. You shall
not, and shall not attempt to, modify, reverse
engineer, disassemble or decompile this Software.
Nor can you create any derivative works or other
works that are based upon or derived from the
Software in whole or in part.
Netcom3 PC Cleaner name, logo and
graphics file that represents this Software shall
not be used in any way to promote products developed
with our Software. Netcom3 PC Cleaner retains sole
and exclusive ownership of all right, title and
interest in and to the Software and all Intellectual
Property rights relating thereto. Copyright law and
international copyright treaty provisions protect
all parts of this Software. No program, code, part,
image, or text may be copied or used in any way by
the user except as intended within the bounds of
this Agreement. All rights not expressly granted
hereunder are reserved for Netcom3 PC Cleaner .
3.7 Limitation of Responsibility -
You will indemnify, hold harmless, and defend
Netcom3 PC Cleaner , its employees, agents and
distributors against any and all claims,
proceedings, demand and costs resulting from or in
any way connected with your use of the Software. In
no event (including, without limitation, in the
event of negligence) will Netcom3 PC Cleaner , its
employees, agents or distributors be liable for any
consequential, incidental, indirect, special or
punitive damages whatsoever (including, without
limitation, damages for loss of profits, loss of
use, business interruption, loss of information or
data, or pecuniary loss), in connection with or
arising out of or related to this Agreement, this
Software or the use or inability to use this
Software or the furnishing, performance or use of
any other matters hereunder whether based upon
contract, tort or any other theory including
negligence. Netcom3 PC Cleaner ’s entire liability,
without exception, is limited to the customers'
reimbursement of the purchase price of the Software
(maximum being the lesser of the amount paid by you
and the suggested retail price as listed by Netcom3
PC Cleaner , less any applicable taxes and shipping
fees) in exchange for the return of the product, all
copies, registration papers and manuals, and all
materials that constitute a transfer of license from
the customer back to Netcom3 PC Cleaner . Such
reimbursement will only occur if the Software was
purchased directly from Netcom3 PC Cleaner . If you
purchased the Software through a reseller,
distributor, retailer, or any other third party, you
need to request a refund directly from such parties.
Netcom3 PC Cleaner DOES NOT MAKE ANY GUARANTEES THAT
THE SOFTWARE WILL IDENTIFY ANY SPECIFIC COMPUTER
OPERATING SYSTEM REGISTRY ENTRY, OR ANY OTHER
ASSOCIATED FILES. Netcom3 PC Cleaner ALSO DOES NOT
MAKE ANY GUARANTEES THAT ANY OR ALL COMPUTER
OPERATING SYSTEM REGISTRY ENTRIES OR ASSOCIATED
FILES WILL BE IDENTIFIED AND OR REMOVED BY THE
SOFTWARE.
3.8 Warranties - Except as
expressly stated in writing by an authorized
employee of Netcom3 PC Cleaner , Netcom3 PC Cleaner
makes no representation or warranties in respect of
this Software and expressly excludes all other
warranties, expressed or implied, oral or written,
including, without limitation, any implied
warranties of merchantable quality or fitness for a
particular purpose.
3.9 Governing Law - GOVERNING LAW.
Any action related to this Agreement will be
governed by California law and controlling U.S.
federal law. No choice of law rules of any
jurisdiction will apply.
3.10 Termination - Any
failure to comply with the terms and conditions of
this Agreement will result in automatic and
immediate termination of this license. Upon
termination of this license granted herein for any
reason, you agree to immediately cease use of the
Software and destroy all copies of the Software
supplied under this Agreement. The financial
obligations incurred by you shall survive the
expiration or termination of this license.
4. Consent to Use of Data - You
agree that Netcom3 PC Cleaner may collect and use
information transmitted by you through the Software
and/or gathered in any manner as part of the product
support services provided to you, if any, related to
the Software. You are not obligated to transmit any
information related to the reporting of parasites or
malicious files if you choose not to do so when
prompted. Netcom3 PC Cleaner may also use any
information collected to provide notices to you
which may be of use or interest to you. The Software
contains components that enable and facilitate the
use of certain Internet-based services. You
acknowledge and agree that Netcom3 PC Cleaner may
automatically check the version of the Software that
you are utilizing and may provide updates, upgrades,
or fixes to the Software. In order to receive such
updates, upgrades or fixes, you must agree to the
download when prompted. You are not obligated to
download any upgrades or fixes to the Software that
are provided by Netcom3 PC Cleaner . Netcom3 PC
Cleaner will not collect any personally identifiable
information from your computer location or
workstation during this process.
To review Netcom3 PC Cleaner ’s privacy
policy, please visit:
http://www.netcom3.com/privacy.php
Netcom3 PC Cleaner Internet Security Suite and
Software is a registered trademark of Netcom3 PC
Cleaner Inc.
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Intuitive program, easy to use and provided clear solutions to improve pc
performance. A must have program for anyone with a pc.
- Sally Memphis - New York, US
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A fantastic tool for tuning your computer to perform at its best, so easy to install that even a total novice such as myself can see the difference straight away!
- John Lewis - Miami, US
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After just purchasing your product, i couldn't believe just how unintrusive it is, the program simply zips through the system and detects files that most internet users are
totally unaware off, it works a brilliant job of elimination.
- Hellen N. - Newquay, UK
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Your software found and deleted 725 problems in my PC. After fixing the errors, my computer has recovered amazingly, and now i get no more errors when I start up my PC. Thank you very much indeed! "
- Tony H. - Sydney, AUS
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