Alternate Operating System Scanner End User License Agreement

ALTERNATE OPERATING SYSTEM SCANNER END USER LICENCE AGREEMENT ("EULA")

NOTIFICATION: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE, AGREEING TO THE TERMS SET OUT BELOW. BY INSTALLING, EXECUTING, ACCESSING OR OTHERWISE USING THE ALTERNATE OPERATING SYSTEM SCANNER SOFTWARE ("SOFTWARE"), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT SET OUT BELOW ("THIS AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE AND YOU MUST CEASE INSTALLING, EXECUTING OR OTHERWISE ACCESSING THE SOFTWARE.

IN CIRCUMSTANCES WHERE YOU PURCHASE THE SOFTWARE WITHOUT ACCEPTING THE TERMS OF THIS AGREEMENT AND WISH TO RETURN THE SOFTWARE, PLEASE CONTACT PC TOOLS TO DETERMINE WHETHER YOU ARE ELIGIBLE FOR A REFUND.

DISCLAIMER: THIS SOFTWARE IS DESIGNED TO DETECT AND REMOVE CERTAIN FORMS OF SPYWARE, ADWARE AND MALWARE FROM YOUR SYSTEM. BY REMOVING SPYWARE, ADWARE OR MALWARE, CHANGES MAY NEED TO MADE TO YOUR SYSTEM'S FILES AND REGISTRY KEYS AND CERTAIN FILES MAY NEED TO BE DELETED. FURTHER, CERTAIN SOFTWARE INSTALLED ON YOUR SYSTEM MAY REQUIRE, AS A CONDITION OF THEIR LICENCE AGREEMENT, THAT YOU USE CERTAIN SPYWARE, ADWARE OR MALWARE. BY REMOVING SPYWARE, ADWARE OR MALWARE, YOU MAY BE IN BREACH OF SUCH LICENCE AGREEMENTS.

WITHOUT LIMITING THE TERMS OF THIS AGREEMENT AS SET OUT BELOW, YOU AGREE THAT YOU ASSUME ALL RISK IN USING THIS SOFTWARE AND IN REMOVING FROM YOUR SYSTEM, ANY SPYWARE, ADWARE OR OTHER MALWARE DETECTED BY THIS SOFTWARE. YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND PC TOOLS IS UNDER NO LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANY DAMAGE OR LOSS (INCLUDING CONSEQUENTIAL LOSSES, ECONOMIC LOSS OR LOSS OF PROFITS) HOWSOEVER CAUSED TO YOU OR YOUR SYSTEM BY THE USE OF THIS SOFTWARE.

LICENCE TERMS:

  1. GRANT OF LICENCE
    1. If you are a resident of Oceania at the time you either first purchased or first installed the Software (whichever occurred first), then the licensor of the Software is an Australian Company, PC Tools Pty Ltd ACN 108 759 208 and the parties to this Agreement will be you and PC Tools Pty Ltd ACN 108 759 208. If you are not a resident of Oceania at the time you either first purchased or first installed the Software (whichever occurred first), then the licensor of the Software is an Irish Company, PC Tools Limited (Irish Company Number 426110) and the parties to this Agreement will be you and PC Tools Limited (Irish Company Number 426110). For the purposes of this Agreement, the licensor (being either PC Tools Limited or PC Tools Pty Ltd) will be referred to as "PC Tools". For the purposes of this Agreement, "Oceania" means American Samoa, Antarctica, Australia and its outside territories, including Heard Island & McDonald Islands, Cocos (Keeling) Islands, Christmas Island, Ashmore & Carter Islands, and Coral Sea Islands, Cook Islands, Fiji, French Polynesia, Guam, Kiribati, Marshall Islands, Federated States of Micronesia, Nauru, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Wallis and Futuna Islands.
    2. PC Tools has agreed to license use of the Software to you pursuant to the terms and conditions of this Agreement as set out herein.
    3. PC Tools grants to you a non-exclusive, non-transferable, revocable licence to:
      1. install and execute the Software;
      2. make one copy for backup purposes only; and
      3. use the Software strictly in accordance with the provisions of this Agreement.
    4. Except where clause 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 PC Tools and upon payment of an additional licence fee as stipulated by PC Tools.
    5. This Agreement only grants you rights in respect to the version of the Software which was supplied with this Agreement. It does not grant you any rights in respect of any other version of the Software. However, if you enter into a separate agreement with PC Tools for PC Tools to supply any updates of the Software to you, then, unless specified by PC Tools to the contrary, this Agreement will also apply to those updates.
    6. You acknowledge that PC Tools may offer to maintain and update the Software but it is not obliged to do so.
  2. LICENCE FEE
    1. Where a licence fee is payable by you in respect of the Software, you are not entitled to use the Software until the licence 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 licence fee may be payable in the circumstances described in clause 1.4.
    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, unless we separately specify to the contrary, you are not entitled to receive technical support nor the full functionality that comes with the Software until a licence fee has been paid.
  3. LICENSEE'S OBLIGATIONS
    1. As the Licensee, you hereby undertake the following obligations:
      1. to not print, translate, adapt, vary, alter, change, reverse engineer, decompile or modify the Software by any means or in any other form without the written consent of PC Tools;
      2. to not distribute any translated, adapted, varied, altered or modified version of the Software;
      3. to supervise and control the use of the Software in accordance with the terms of this Agreement;
      4. to ensure that your employees, sub-contractors and other agents who have authorised access to the Software, and any person to whom you distribute the Software, are made aware of and agree to the terms of this Agreement;
      5. to not provide or otherwise make available the Software in any form to any person other than those referred to in paragraph without the written consent of PC Tools;
      6. to not sub-license the Software in any form to any other person;
      7. to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software; and
      8. to not engage in any acts which infringe PC Tools rights in the intellectual property rights in the Software.
    2. You acknowledge that the Licence granted by Clause 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
    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 Agreement by PC Tools. You acknowledge that the Software may not be able to remove all spyware, adware, malware or other malicious software which are present on your computer. You further acknowledge that the removal of spyware, adware or malware may inadvertently cause damage to your computer system and may place you in breach of certain licence agreements or obligations which you have to third parties. You agree that you assume all risk in removing any spyware, adware or malware from your computer system.
    2. The particular operating systems upon which the Software has been designed to execute will be published by PC Tools from time to time ("Compatible OS"). You agree that you will not execute or install the Software on any operating system other than a Compatible OS. You acknowledge and agree that the Software may not execute correctly and may interfere with other software if executed on an operating system which is not a Compatible OS.
    3. In the event that any terms, conditions, representations or warranties are implied by statute, common law or equity ("Prescribed Terms") into this Agreement which cannot be lawfully excluded, the Prescribed Terms will apply to this Agreement, save that the liability of PC Tools for breach of any Prescribed Terms will be limited, to the extent permitted by law, at the option of PC Tools, to any one or more of the following:
      1. the replacement of the Software to which the breach relates or the supply of equivalent Software;
      2. the repair of the Software;
      3. a refund of the purchase price of the Software;
      4. the payment of the cost of replacing the Software or of acquiring equivalent Software; or
      5. the payment of the cost of having the Software repaired.
    4. If the liability of PC Tools for breach of any Prescribed Terms is capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
    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:
      1. PC Tools makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software (other than that PC Tools is entitled to grant to you the rights set out in this EULA);
      2. you will not under any circumstances have any cause of action against, or right to claim or recover from, PC Tools for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury, loss of profit or economic loss) arising from the supply or use of the Software or any breach of these terms; and
      3. subject to paragraph b) above, the maximum liability of PC Tools to you in respect of any breach of this Agreement or otherwise in respect of your use of the Software will be the amount you have paid PC Tools for the Software and if you have not paid PC Tools any amount for the Software, will be the amount of USD $1 (one dollar).
    6. You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by PC Tools 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 PC Tools.
    7. You agree that the rights and limitations of liability of PC Tools under this Clause are in addition to, and do not limit, any other rights or limitations specified in the section marked "DISCLAIMER" at the beginning of this Agreement.
  5. COPYRIGHT AND TRADE MARKS
    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 Agreement, 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 authorised by this Agreement.
    2. You shall not during or at any time after the expiry or termination of this Agreement permit any act which infringes the Trade Marks used in connection with the Software.
    3. You shall indemnify PC Tools fully against all liabilities, costs and expenses which PC Tools 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 LICENCE
    1. This Agreement commences upon the earlier of your installation or first use of the Software and may be terminated by PC Tools in the following circumstances:
      1. if you are in breach of any term of this Agreement;
      2. if you, being a corporation, become the subject of insolvency proceedings;
      3. if you, being a firm or partnership, are dissolved; or
      4. if you destroy the Software and/or the Products for any reason.
    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 PC Tools.
    3. Termination pursuant to this clause shall not affect any rights or remedies which PC Tools may have otherwise under this Agreement or at law.
  7. THIRD PARTY COMPONENTS
    1. The Software may provide links to third party libraries or code (collectively "Third Party Components") that is licensed under one or more of the following open source software licenses: GNU General Public License ("GPL"), GNU Library General Public License ("LGPL") and MIT.
    2. It is a requirement of PC Tools' use of these Third Party Components to make available to you the source code for these Third Party Components. These can be obtained by visiting our website (or any other website or FTP server we may specify from time to time) or by writing to Attn: Development Manager, PC Tools, Level 6, 80 Arthur Street, North Sydney, New South Wales, Australia.
    3. You acknowledge and agree that:
      1. Third Party Components are not prepared by or owned by PC Tools and that copyright in the Third Party Components vests in the original author of those works; and
      2. the use of each Third Party Component is governed by the terms of the license governing that Third Party Component, a copy which is located together with the source code for the Third Party Component and may be supplied to you as specified in Clause 7.2
  8. ASSIGNMENT

    The benefit of this Agreement shall not be dealt with in any way by you (whether by assignment, sub-licensing or otherwise) without PC Tools' written consent. PC Tools may assign its rights and obligations arising under this Agreement at any time with or without notice to you.

  9. WAIVER

    Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.

  10. AMENDING THESE TERMS
    1. PC Tools may amend any of the terms of this Agreement by (a) providing written notice to you of such amendments; and/or (b) displaying such amendments or an amended copy of this Agreement to you during your installation and/or execution of the Software. Without limiting the methods by which you may accept such amended terms, you acknowledge and agree that your ongoing use of the Software after you are made aware of any amended terms to this Agreement will constitute your acceptance of such amended terms.

    2. If you do not agree to any amendments made by PC Tools to the terms of this Agreement, then you must uninstall the Software from your computer and cease any further use of the Software. In such circumstances, you may also contact PC Tools to determine if you are eligible for a refund or partial refund of any purchase price paid to PC Tools in respect of the Software (subject to any conditions which PC Tools may place in respect of paying such a refund).

  11. GOVERNING LAW

    If the parties to this Agreement (as determined by Clause 1.1 above) are you and PC Tools Pty Ltd ACN 108 759 208, then this Agreement shall be governed by and construed according to the laws in force in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria and the Commonwealth of Australia. If the parties to this Agreement are you and PC Tools Limited (Irish Company Number 426110) then this Agreement will be governed by and construed according to the laws in force in the Republic of Ireland and you irrevocably submit to the exclusive jurisdiction of the Courts of the Republic of Ireland.

    If you have any questions or require clarification relating to the terms and conditions of this Agreement, please contact PC Tools online at www.pctools.com or attention: PC Tools, C:/ PO Box 1974, North Sydney NSW 2059 Australia.

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