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.
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 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 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
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 TECHNICAL SUPPORT. 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 TWENTY DOLLARS ($20.00).
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.
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.
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.
You may not assign this EULA without TCU's express, written consent.