END USER LICENSE AGREEMENT FOR IOLO TECHNOLOGIES, LLC
IMPORTANT--READ CAREFULLY--READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY, BECAUSE BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE OR ATTEMPTING TO DO ANY OF THESE THINGS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THIS LICENSE, DO NOT DOWNLOAD, INSTALL, COPY, TRANSMIT OR USE THE SOFTWARE.
This License governs your use of the SOFTWARE made available for your use by iolo technologies, LLC ("iolo" or "IOLO"). All iolo applications (and third-party software included therein) downloaded, copied or otherwise obtained from any source; all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions (even if you allow us to provide these to you automatically); and any associated media, any printed materials, any online or electronic documentation, as well as related services, shall hereinafter be collectively referred to as the "SOFTWARE". By installing, copying, downloading or otherwise using the SOFTWARE, you agree to be bound by the terms of this License.
This License covers only the SOFTWARE. During the process of downloading and installing the SOFTWARE, there may be components that are proprietary to Microsoft or other third-party providers and which iolo provides to you under a license or other grant of rights from them. There may be circumstances in which those other third parties may require you, during the download or installation process, to acknowledge and agree specifically to certain terms and conditions that apply to those components. If that is the case, you should review those terms and conditions carefully, since by continuing the download and installation process you will also be agreeing to them and you will be acknowledging and agreeing that those other parties, not iolo, are responsible for any questions, complaints or claims you may have related to any or all of those components.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
GRANT OF LICENSE
Subject to your agreement and compliance with the terms and conditions of this License, iolo grants you a limited, personal, non-exclusive and revocable license to use the Software. This License gives you the right to:
1) Install and use the SOFTWARE solely for your individual use and not for any other purpose or use whatsoever;
2) Copy the SOFTWARE to the hard disk or other fixed storage medium of only one (1) computer that you own or that is under your control. If a greater number of copies and/or number of computers is specified within the documentation or the applicable transaction documentation from an authorized distributor or reseller from which you obtained the SOFTWARE, you may use the SOFTWARE in accordance with such specifications; and
3) Make one copy of the SOFTWARE solely for the purposes of back-up to the installed SOFTWARE.
RESERVATION OF RIGHTS, REQUIREMENTS, RESTRICTIONS AND LIMITATIONS
Reservation of Rights. The license grants above are the only rights granted to you in connection with this License and your use of the SOFTWARE and any and all rights not expressly granted to you by the license grants, iolo expressly and fully reserves. Other than those license rights granted to you in this License or for backup or archival purposes specifically permitted by law, you may not use or make any other copies of the SOFTWARE.
Storage/Network Use. You may not use the SOFTWARE over a network or distribute the SOFTWARE to other computers over a network unless you have a licensed copy of the SOFTWARE for each computer that can access the SOFTWARE over that network, except as specifically described in documentation provided with the SOFTWARE.
No Reverse Engineering, Decompilation, and Disassembly. You are not permitted to tamper with or attempt to bypass, modify, defeat or otherwise circumvent the operation of the SOFTWARE or alter, reverse engineer, decompile, disassemble or otherwise attempt to discover or disclose the SOFTWARE source code or underlying programming.
Separation of Components. The SOFTWARE is licensed as a single product. You may not separate its component parts unless expressly authorized by iolo.
Data Files. The SOFTWARE may create data files automatically for use with the SOFTWARE. Any such data files will be deemed part of the SOFTWARE.
Transfer of License. You may permanently transfer your license to SOFTWARE to another person, firm or enterprise provided that:
1) You do not keep any copies of SOFTWARE; and
2) The new person, firm or enterprise accepts the terms of this License.
No Partial Transfer of License. Partial transfer of your rights under this License is not permitted. For example, if the applicable documentation grants you the right to use multiple copies of the SOFTWARE, only a transfer of the right to use all such copies of the SOFTWARE would be valid. Additionally, the use of the SOFTWARE as part of a facilities management, timesharing, service provider or service bureau arrangement is not permitted.
No Rental or Sublicense. You are not permitted to distribute, transmit, sublicense, lease or rent the SOFTWARE to any other person, firm or enterprise.
Termination. Without prejudice to any other rights, iolo may terminate this License if iolo reasonably believes that you fail to comply with the terms and conditions of the License. In such event, you must stop all use of the SOFTWARE and you must destroy the SOFTWARE and all copies of the SOFTWARE and all of the component parts thereof.
Confidentiality. You agree to keep information contained in the SOFTWARE that is not publicly known confidential to yourself and to not disclose such information to others without iolo's prior written approval.
Dependent Software. The software, network services or other products other than the SOFTWARE upon which the SOFTWARE's performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers or iolo). iolo and its suppliers do not warrant that those software products, network services or other products will continue to be available or that they will operate without interruption or modification.
COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text, "applets" or other content or materials contained and/or incorporated therein) and any copies thereof are owned by iolo and/or its suppliers.
USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be used by you to store, process and use content created by you and third parties. Such content may be protected by copyright, other intellectual property laws and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You further agree that iolo may take appropriate measures to protect copyrights or content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration activities through certain SOFTWARE features, refusal to accept your request to enable restoration of data based on information from certain SOFTWARE features, and termination of this License in the event of your illegitimate use of the SOFTWARE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE is provided with RESTRICTED RIGHTS. Any use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is iolo technologies, LLC, 7470 North Figueroa Street, Los Angeles, CA, 90041.
REPLACEMENT OF DEFECTIVE CD-ROM MEDIA
In situations where a back-up copy of the SOFTWARE is furnished to you by iolo on CD-ROM media, as your sole and exclusive remedy, for a period of ninety (90) days from the date of its delivery to you the CD-ROM media on which the back-up copy of the SOFTWARE is furnished iolo will replace any defective CD-ROM media used under conditions of normal use. A processing fee may be required if physical media is shipped to the original licensee.
This remedy extends only to you as the original licensee and represents iolo's entire liability and your sole and exclusive remedy. Defective CD-ROMS must be returned to iolo within the 90-day period with proof of purchase in the form of a bill of sale (which is evidence that the CD-ROM media is within the warranty period). iolo will have no obligation to replace a disk, which, in its reasonable determination, has been damaged by accident, abuse or misapplication.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND IOLO, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. IOLO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, IOLO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IOLO, AN IOLO AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT IOLO OR AN IOLO AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
IOLO PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. IOLO STRONGLY RECOMMENDS YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER IOLO, NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, IOLO'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend iolo, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold iolo, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of the SOFTWARE. iolo reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with iolo upon its request.
SOFTWARE DATA COLLECTION AND MONITORING
The SOFTWARE contains features that allow iolo and/or third parties to collect data from, control, and/or monitor computers and devices running or interacting with the SOFTWARE in order to prevent unlicensed or illegal use of the SOFTWARE. The SOFTWARE may contain enforcement technology that imposes limits on the ability to install and uninstall the SOFTWARE to not more than a finite number of times on a finite number of machines. The SOFTWARE containing enforcement technology requires licensing as set forth during the installation process and in the documentation, and the SOFTWARE may only operate for a finite period of time prior to licensing by the user. If you do not complete licensing during the finite time period set forth in the documentation or as prompted by the SOFTWARE, the SOFTWARE will cease to function until licensing is complete. Under this License, you hereby agree that the activities described above may occur.
In order to improve products and services, iolo may receive information from your computer about your computer and about operations performed on your computer by the SOFTWARE. iolo will not provide information specifically about your computer to anyone other than you without your consent. However, iolo may aggregate the data received from your computer with data iolo receives from other users, and iolo may use or disclose that aggregated data without consent.
AUTOMATIC UPDATE FEATURE
From time to time, iolo or third parties may automatically update or otherwise modify the SOFTWARE. One, but not the only, example of when this may happen is for purposes of enhancement of security functions, error correction, and improvement of functions, at such time as you interact with iolo's or third-parties' servers, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of the SOFTWARE, including functions you may rely upon. You hereby agree that such activities may occur at iolo's sole discretion and that iolo may condition continued use of the SOFTWARE upon your complete installation or acceptance of such updates or modifications.
PLATFORMS NOT SUPPORTED BY MANUFACTURER
The SOFTWARE and/or its associated packaging and materials may contain statements about system configuration requirements or operating system compatibility. iolo specifically disclaims any and all compatibility support for platforms where manufacturer support has been discontinued.
FUNCTIONAL CHANGES
UPDATES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN AND IOLO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE DESCRIBED HEREIN (INCLUDING REMOVAL OR DISCONTINUATION OF FEATURES, FUNCTIONS OR SERVICES) AT ANY TIME WITHOUT NOTICE. AT THE TIME OF PURCHASE, THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE AFTER PURCHASE AND INSTALLATION BY THE USER. BECAUSE SOFTWARE IS SOLD AS A SUBSCRIPTION-BASED SERVICE, ALL USERS MUST ACCEPT ALL CHANGES MADE TO SOFTWARE DURING SUCH SUBSCRIPTION, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF IOLO ELECTS IN ITS SOLE DISCRETION TO DISCONTINUE IT.
SEVERABILITY
If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
This agreement shall be governed by the laws of the State of California and the United States of America, without regard to conflict-of-laws provisions. Any disputes arising out of this License shall be subject to the exclusive venue of the state and federal courts of Los Angeles County, California, and the parties hereby consent to the venue and jurisdiction of such courts. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. IOLO RESERVES THE RIGHT TO AMEND THE SPECIFIC TERMS OF THE LICENSE REGARDING THE SOFTWARE AT ITS SOLE DISCRETION BY UPDATING ITS POLICY LOCATED AT http://www.iolo.com/eula OR ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amended terms, you must cease use of the entire SOFTWARE product and any other related materials bundled in the package at the time of purchase pursuant to the terms in the first paragraph of this License, titled "IMPORTANT—READ CAREFULLY." Your continued use of the SOFTWARE after notice shall be deemed agreement to be bound by such amendment.
THIRD-PARTY BENEFICIARY
For all purposes of this License, each of iolo's third-party licensors of any of the SOFTWARE shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
QUESTIONS OR COMMENTS
Should you have any questions concerning this License or the limited warranty, you may contact iolo in writing at, 7470 North Figueroa Street, Los Angeles, California, 90041.
Copyright 2009 iolo technologies, LLC. iolo, iolo AntiVirus, iolo Personal Firewall, DriveScrubber, Search and Recover, Macro Magic, System Shield, System Mechanic, Memory Mechanic, System Mechanic Mobile Toolkit, and System Mechanic Professional are trademarks or registered trademarks of iolo technologies, LLC. All other trademarks are the property of their respective owners.