End User License Agreement
PLEASE READ CAREFULLY THE PROVISIONS OF THIS END USER LICENSE AGREEMENT ("EULA"); IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND REALDEFENSE, LLC ("USTECHSUPPORT"). THIS EULA GRANTS A LICENSE TO YOU TO USE USTECHSUPPORT'S SOFTWARE (MYCLEANPC), AS DEFINED BELOW. IT ALSO PROVIDES IMPORTANT INFORMATION REGARDING, AMONG OTHER THINGS, WARRANTIES AND LIMITATIONS ON USTECHSUPPORT'S LIABILITY IN CONNECTION WITH YOUR PURCHASE OF THE LICENSE.
BY OPENING THE PACKAGE IN WHICH THE SOFTWARE IS CONTAINED, BREAKING THE SEAL ON THE SOFTWARE, CLICKING ON THE "I AGREE" OR "YES" BUTTONS ON YOUR COMPUTER, OTHERWISE INDICATING YOUR AGREEMENT ELECTRONICALLY, OR INSTALLING THE SOFTWARE ON YOUR COMPUTER, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "CANCEL" OR "NO" BUTTONS, DO NOT INSTALL OR USE THE SOFTWARE, AND CONTACT EITHER YOUR VENDOR (IF YOU PURCHASED THE LICENSE AT RETAIL) OR USTECHSUPPORT (IF YOU PURCHASED THE LICENSE TO SOFTWARE DIRECTLY FROM USTECHSUPPORT) IN THE MANNER DESCRIBED BELOW FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE AMOUNT YOU PAID FOR THE LICENSE, LESS SHIPPING, HANDLING AND TAXES, WHERE APPLICABLE.
I. AUTHORIZED USE
Subject to this EULA, USTechSupport grants you a limited, nonexclusive, nontransferable, non-sublicensable license to install and use the Software on one computer solely for your own, personal use ("the License") for the period set forth in the documentation of your purchase. You may not install or use the Software on additional computers unless a greater number of copies or computers is specified in the documentation of your purchase of the License. You may make one (1) copy of the Software for back-up purposes only, or you may copy the Software onto your hard drive and retain the original for back-up purposes.
You acknowledge and agree that USTechSupport may: (a) monitor, by means of technology included in the Software and otherwise, the number of copies of the Software you are using to ensure that your use does not exceed the terms of your purchase; and (b) where unauthorized copies are detected, require your purchase of additional copies or the removal of the unauthorized copies. In addition, you agree that USTechSupport may audit your use of the Software for compliance with this EULA upon reasonable notice. In the event that an audit establishes any unauthorized use of the Software, you agree to reimburse USTechSupport for all reasonable costs and expenses incurred by USTechSupport in connection with the audit. You acknowledge and agree that this legal liability is in addition to other legal liabilities you may incur as a result of unauthorized use.
II. RESTRICTION ON YOUR USE
You agree that you will not engage in, and you will not permit any third party to engage in, any of the following:
- The resale, transfer, sublicensing, renting or leasing of any portion of the Software.
- The decompiling, disassembly, reverse engineering, modification or translation of the Software.
- Any attempt to discover the source code of the Software.
- The modification, alteration or incorporation of the Software into or with other software or the creation of derivative works of the Software.
- The use of the Software as part of any facility management, timesharing, service provider, or hosting arrangement.
- The removal of any product identification information or legal notice from the Software.
- The use for commercial purposes of any free Software offered by USTechSupport.
- The use of the Software in any manner not expressly authorized by this EULA.
III. DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. USTECHSUPPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, USTECHSUPPORT MAKES NO WARRANTY THAT: (a) THE SOFTWARE WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (b) IT WILL BE SECURE OR ERROR-FREE; OR (c) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE.
IV. TERM AND TERMINATION
You may use the Software for the period of your initial subscription as set forth in the documentation of your purchase of the License and any renewals of your subscription made in accordance with USTechSupport's Terms of Service.
USTechSupport reserves the right to terminate this EULA if you fail to comply with the provisions of this EULA. You agree that, in the event of a termination, you immediately will cease using the Software and you will destroy all copies of the Software.
In the event of a termination, all sections of this EULA, except Section I, shall survive and remain in full force and effect.
V. LIMITATION OF LIABILITY
YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (a) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (b) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE SOFTWARE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USTECHSUPPORT IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF USTECHSUPPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) YOUR USE OR YOUR INABILITY TO USE THE SOFTWARE, TECHNICAL SUPPORT AND WEBSITES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES FOR PRODUCTS OR SERVICES; (3) [UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA]. USTECHSUPPORT'S TOTAL, CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, IN NO EVENT WILL EXCEED THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR THE SOFTWARE AND TECHNICAL SUPPORT. THESE LIMITATIONS ON USTECHSUPPORT'S LIABILITY APPLY WHETHER OR NOT USTECHSUPPORT HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS USTECHSUPPORT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES AND COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, COSTS AND EXPENSES, ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR PURCHASE OF THE LICENSE; (2) YOUR FAILURE TO COMPLY WITH THE TERMS OF THIS EULA; OR (3) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON. YOU AGREE TO NOTIFY USTECHSUPPORT IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
VII. UNITED STATES GOVERNMENT RESTRICTED RIGHTS
For purposes of United States government procurements, the Software is deemed to be commercial computer software as defined in 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, United States government end users acquire only those rights set forth in this EULA.
VIII. EXPORT REGULATION
You acknowledge and agree that the Software may contain encryption technology, the export of which is restricted by the laws and regulations of the United States and certain foreign countries. You further agree to comply with all applicable laws and regulations and that you will not export the Software in contravention of United States law or to any prohibited country, entity or person. The Software is prohibited for export or re-export to Cuba, North Korea, Iran, Syria, and Sudan and to any country subject to trade sanctions.
IX. GOVERNING LAW
This EULA shall be governed by the laws of the State of California, exclusive of provisions regarding conflicts of laws. You consent to the exclusive jurisdiction of and venue in the courts of the State of California located in Los Angeles County, California, and the courts of the United States located in the Central District of California, to resolve any dispute arising out of or in connection with this EULA. You agree that: (a) notwithstanding the foregoing, USTechSupport may file a legal action against you to enforce its intellectual property rights in any court, wherever located, that has jurisdiction over the action; and (b) in any event, this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
X. SEVERABILITY, WAIVER AND REMEDIES
In the event that any provision of this EULA is determined judicially to be unenforceable by reason of its duration or extent, you and USTechSupport agree that the provision shall be interpreted so as to be limited to the maximum duration or extent permitted by applicable law. The invalidity or unenforceability of any provision of this EULA shall not affect the enforceability of any other provisions, which shall remain in full force and effect. No waiver or failure to enforce any provision of this EULA shall be deemed to be a waiver of the right to enforce that provision or other provisions on other occasions. All remedies set forth in this EULA are cumulative and do not preclude actions to enforce other remedies.
XII. ENTIRE AGREEMENT
You may not assign this EULA without USTechSupport's express, written consent.
XIV. ANONYMOUS DATA COLLECTION
We collect anonymous software performance data so that we can improve performance of our software and services. You have the option to turn off this data collection. We collect the following data:
- Every time any button is clicked inside the software
- Every time any software feature is viewed or opened
- Time it takes for each scan to complete
- Number of items found in each scan
- With the Adware Cleaner, we collect metadata which describes the infection, so that we can see how prevalent a particular variant of Adware is.
- If there is an error during a scan, we collect a stacktrace and other related information (which may include specific results)
- If the application fails and crashes hard (meaning the user has no option to continue execution of the program), a crash report is sent to us ONLY if the user clicks "Yes" on the dialog which will pop up on the next attempt to start
- We also create a unique ID per customer and a unique Session ID per customer