PC Error Terminator END USER LICENSE AGREEMENT ("EULA")
1. License
1.1 Fast Eraser has agreed to license use of the Software to
you pursuant to this license agreement and the terms and conditions set
out below.
1.2 Fast Eraser grants to you a non-exclusive,
non-transferable, revocable license to:
(a) use the Software;
(b) make one copy for backup
purposes only; and
(c) use the
Software strictly in accordance with the provisions of this license.
1.3 Except where clause 2.2 applies, if you wish to use the Software on
more than one computer at the same time, you may make an additional copy
upon receipt of written consent from Fast Eraser and upon payment of an
additional license fee as stipulated by Fast Eraser.
2. License Fee
2.1 Where a license fee is payable by you in respect of the
Software, you are not entitled to use the Software until the license fee
has been paid. In the case of payment by credit card, payment will not be
deemed paid until the credit card payment has been authorized by the
billing provider. A separate license fee is payable in the circumstances
described in clause 1.3.(above)
2.2 If you are
downloading a free trial version of the Software, you may use it on one or
more computers for an unlimited period of time. However, you are not
entitled to receive technical support nor the full functionality that
comes with the Software until a license fee has been paid.
3. Licensee's Obligations
3.1 As the Licensee You hereby undertake the following
obligations:
(a) to not print, copy,
reproduce, translate, adapt, vary, alter, change, reverse engineer,
decompile or modify the Software by any means or in any other form other
than to make one temporary copy of the Software for back-up and security
purposes without the express consent of Fast Eraser, except as expressly
authorized by this agreement;
(b) to supervise and control the use of the Software in accordance with
the terms of this license;
(c) to ensure your employees, sub-contractors and other agents who have
authorized access to the Software are made aware of the terms of this
license;
(d) to not provide or otherwise make available the Software in any form to
any person other than those referred to in paragraph (c , above ) without
the written consent of Fast Eraser; and
(e)
to not give, lease, assign, license, sub-license, transfer, distribute,
disclose, disseminate or publish the software in any form to any other
person or attempt to do any of these acts;
(f) to not alter, change, remove or obscure any notices or other
indications (including copyright notices) as to ownership of the Software;
(g) not to access or use the Software on more that one personal
stand-alone computer, or otherwise allow the Software to be accessed or
used by more than one user at any one time.
(h) to not engage in any acts which infringe Fast Eraser rights in the
intellectual property rights in the Software;
3.2 You
acknowledge that the License granted by Clause 1 does not make you the
owner of the Software nor does it cause any transfer or assignment of any
copyright or any other intellectual or industrial property rights
subsisting in the Software to You.
4. Warranty
4.1 You hereby acknowledge that the Software cannot be
guaranteed error free and further acknowledge that the existence of any
such errors shall not constitute a breach of this license agreement by
Fast Eraser. In particular, Fast Eraser does not guarantee that the
Software will detect and/or remove all Registry problems on your computer.
4.2 You acknowledge that Fast Eraser may offer to maintain and update the
Software but it is not obliged to do so. Should you wish to receive
information about updates please view
Fast Eraser website on a regular basis
4.3 In the event any statute implies terms into this
agreement which cannot be lawfully excluded, such terms will apply to this
agreement, save that the liability of Fast Eraser. for breach of any such
implied term will be limited, at the option of Fast Eraser., to any one or
more of the following:
(a) the
replacement of the Software to which the breach relates or the supply of
equivalent Software;
(b) the repair of the Software;
(c) the payment of the cost of replacing the Software or of acquiring
equivalent Software; or
(d) the payment of the cost of having the Software repaired.
4.4 If the liability of Fast Eraser. for breach of any term, condition or
warranty implied by law into contracts for the supply of goods and
services ("Prescribed Terms") are capable of exclusion, they are hereby
excluded to the fullest extent permitted by law.
4.5 Except as provided by the Prescribed Terms (if any), which are not
capable of exclusion or limitation, or as expressly set out in these
terms:
(a)
Fast Eraser. makes no warranties in relation to the Software, including
warranties as to the performance or fitness for purpose of the Software;
(b) You will not under any circumstances have any cause of action against,
or right to claim or recover from, Fast Eraser. for or in respect of any
loss, damage or injury (including without limitation any loss of profit,
indirect or consequential loss, damage or injury) arising from the supply
or use of the Software or any breach of these terms.
4.6 Fast Eraser .will not be liable for any indirect or consequential
damages arising out of a breach of this license or arising out of the
supply of defective Software.
4.7 You
acknowledge that you have exercised your independent judgment in acquiring
the Software and have not relied upon any representations made by Fast
Eraser. which have not been stated expressly in this agreement or upon any
descriptions or illustrations or specifications contained in any document
including catalogues or publicity material produced by Fast Eraser.
5. Copyright and Trade Marks
5.1 You
acknowledge that the Software and all related products (including but not
limited to computer manuals and computer literature) ("Products") are the
subject of copyright. You therefore, shall not during or any time after
the expiry or termination of this license, permit any act which infringes
that copyright and, without limiting the generality of the foregoing, You
specifically acknowledge that you may not copy the Software or Products
except as otherwise expressly authorized by this agreement.
5.2 You shall not during or at any time after the expiry or termination of
this License permit any act which infringes the Trade Marks used in
connection with the Software.
5.3 You shall
indemnify Fast Eraser. fully against all liabilities, costs and expenses
which Fast Eraser. may incur to a third party as a result of Your breach
of the copyright and Trade Mark provisions of this agreement.
6. Term of License
6.1 This license commences upon payment of the license
fee and is granted in perpetuity, but may be terminated in the following
circumstances:
(a) if You
are in breach of any term of this license agreement;
(b) if You, being a corporation, become the subject of insolvency
proceedings;
(c) if You, being a firm or partnership, are dissolved; or
(d) if You destroy the Software and/or the Products for any reason.
6.2 Upon termination, You or a representative nominated by You shall
destroy any remaining copies of the Software and Products or otherwise
return or dispose of such material in the manner directed by Fast Eraser.
6.3 Termination pursuant to this clause shall not affect any rights or
remedies which Fast Eraser. may have otherwise under this license or at
law.
7. Assignment
The benefit of this agreement shall not be dealt with in any way by You
(whether by assignment, sub-licensing or otherwise) without Fast Eraser.
written consent.
8. Waiver
Failure or neglect by either party to enforce at any time any of the
provisions of this license agreement shall not be construed or deemed to
be a waiver of that party's rights under this license.
If you have any questions or require clarification relating to the terms
and conditions of this License Agreement, please contact
support.