End User License Agreement
 

PLEASE READ THIS AGREEMENT CAREFULLY.

THIS END USER LICENSE AGREEMENT ("EULA"); IS A LEGAL ENFORCEABLE CONTRACT BETWEEN YOU AND TECH CLEANUP, INC. (“TCU”). THIS EULA GRANTS YOU A LICENSE TO USE TCU’S SOFTWARE. IT ALSO PROVIDES IMPORTANT INFORMATION REGARDING, WARRANTIES, LIMITATIONS ON TCU'S LIABILITY, AND OTHER ITEMS. 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, OR OTHERWISE INDICATING YOUR AGREEMENT ELECTRONICALLY 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 TCU IN THE MANNER DESCRIBED BELOW FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE AMOUNT YOU PAID FOR THE LICENSE, LESS SHIPPING & HANDLING, WHERE APPLICABLE. 

The Software subject to this EULA is any software offered by TCU which you use, including software for which you purchase a license either at retail or directly from TCU or Software which is provided to you as a free product, in any format, and includes all of the Software's accompanying features, services, documentation, updates, upgrades, modifications, additions and copies that TCU, from time to time and in its sole discretion, may make available to licensees of its Software. The Software is licensed to you. Because you are purchasing a license to the Software, you do not own the Software and you have only limited rights to use the Software, which are set forth below. TCU and its affiliates, partners, licensors, and suppliers retain all of their respective copyright, trademark, patent, trade secret and other proprietary rights in the Software. All rights not expressly granted to you by this EULA are reserved by TCU and its affiliates, partners, licensors, and suppliers. Your purchase of a license for the Software also is subject to TCU's Terms of Service and TCU's Privacy Policy. In the event of any conflict between the Terms of Service and this EULA, the terms of this EULA shall apply.

AUTHORIZED USE

Subject to this EULA, TCU grants you a limited, non-exclusive, 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 only use the Software for the number of computers that are specified in the documentation of your purchase of the License or order confirmation. You may make one (1) copy of the Software for backup purposes only, or you may copy the Software onto your hard drive and retain the original for backup purposes. You acknowledge and agree that TCU 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 TCU 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 TCU for all reasonable costs and expenses incurred by TCU 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. 

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.
  • The removal of any product identification information or legal notice from the Software.
  • The use for commercial purposes of any free Software offered by TCU.
  • The use of the Software in any manner not expressly authorized by this EULA.

DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. TCU AND IT’S AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, TCU 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.

TERM AND TERMINATION

You may use the Software for the period of your subscription as set forth in the documentation of your purchase of the License and any renewals of your subscription made in accordance with TCU's Terms of Service and Privacy Policy. TCU reserves the right, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of the License, this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by TCU. In the event of a termination, you shall immediately cease using the Software, uninstall, 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.

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, UNDER NO CIRCUMSTANCES WILL TCU, ITS AFFILITAES, PARTNERS, SUPPLIERS OR LICENSORS 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 TCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) YOUR USE OR YOUR INABILITY TO USE THE SOFTWARE, HUMAN INTELLIGENCE 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]. TCU'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 HUMAN INTELLIGENCE. THESE LIMITATIONS ON TCU'S LIABILITY APPLY WHETHER OR NOT TCU HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES. COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF THIRTY-NINE DOLLARS ($39.00) IF WITHIN THE FIRST 30 DAYS OR NINETEEN NINETY NINE ($19.99) THEREAFTER.


Removal Guarantee

To be eligible for a refund under our Removal Pledge Guarantee you must be currently enrolled in our auto-renewal subscription and notify our human intelligence experts that your computer has a virus, malware, adware or other potentially unwanted software.  If we are unable to remove the item from the computer that is covered under your subscription, we will refund the current term of your subscription the actual amount you paid for the qualifying product, or the value of the qualifying product if it was included in a bundle (see terms of service for details), less any discounts, rebates, refunds, shipping, handling or taxes.  The refund does not apply to any damage and/or loss even if the damage and/or loss was caused by Tech Cleanup, Inc. negligence or otherwise. We recommend that you always backup your data to prevent data loss.


INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TCU 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 TCU IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. 

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. 

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.

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, TCU 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. 

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 TCU 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.

PRIVACY

Matters of privacy regarding information collected by TCU in connection with your purchase of the License and your use of the Software are governed by TCU's Privacy Policy.

ENTIRE AGREEMENT

This EULA, TCU's Terms of Service, and TCU's Privacy Policy contain the complete agreement between you and TCU with respect to the Software and supersede all prior or contemporaneous agreements, understandings or negotiations, whether oral or written, between you and TCU. No modification or rescission of this EULA shall be effective without the express, written consent of an authorized officer of TCU. ASSIGNMENT You may not assign this EULA without TCU's express, written consent.