TERMS AND CONDITIONS OF PURCHASE
THE FOLLOWING TERMS AND CONDITIONS OF PURCHASE APPLY TO THE PURCHASE BY YOU OF ANY PRODUCTS SOLD OR MARKETED BY PC TOOLS LIMITED. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE.
GRANT OF LICENCE
Upon payment of the specified purchase price for the Software, PC Tools Limited ("we", "us" and "our") agrees to provide you with:
- a licence to use the then current version of the Software you have purchased in accordance with the terms of the End User Licence Agreement ("EULA") for that Software; and
- the right to receive support and updates with respect to the Software for a fixed period of time set forth in the documentation of the designated Software ("initial term") in accordance with these terms and conditions. The initial term will be specified at the time you purchase the software, commencing from the date you purchase the software.
SUBSCRIPTION PURCHASES
If you are purchasing the Software on a subscription basis, then, unless your license is terminated earlier in accordance with the EULA, you agree to allow us to automatically extend your right to receive support and updates for successive periods equal to the length of the initial term, by directly charging your credit card or debiting your debit card prior to each anniversary of the date of purchase for an amount that is no greater than PC Tools’ then current price of the Software. The software support and updates you receive during any renewal term will be as specified in these terms and conditions or as specified by us from time to time.
If you have selected a method of payment other than credit card and direct debit, your subscription will only be renewed if you provide us with a valid payment prior to the anniversary of the date of purchase. We will email you prior to this date to remind you to renew your account.
You agree to provide us with current, complete, and accurate information for your billing account and will promptly notify us if there is any change in your billing address and, where you have paid by credit card, will promptly notify us if there is any change to your credit card number, or credit card expiration date or if your credit card is cancelled (for example, for loss or theft).
You may terminate your subscription to receive software support and updates at any time by at least thirty (30) days prior to any anniversary date informing us that you would like to terminate your right to automatically renew your subscription. Note that termination does not entitle you to a refund for amounts already paid, subject to our applicable standard Refund Policy
Please note that our applicable standard Refund Policy applies to each additional renewal term.
PERPETUAL [ONE-OFF] PURCHASES
If your license for the Software is expressly stated to be a perpetual [one-off purchase] license, then your right to use such Software is not limited in time but shall be subject to the terms of the relevant EULA.
CONDITIONS OF USE
By using the Software, you agree to be bound by the EULA for the Software.
If you do not agree with the terms and conditions of the EULA, you must not install and/or use the applicable Software. You may also be entitled to a refund of the purchase price for the Software in accordance with our 30 Day Money Back Guarantee set out below.
SUPPORT
For subscription services, we provide you with software support for the Software during the initial term and, upon payment of the renewal fee, during each renewal term. For perpetual [one-off purchase] license products we will provide you with support during any initial support period offered with the product and for any subsequent extension or purchase of support, upon payment of the relevant support fee. Software support will be provided by us (at our discretion) via email or live-chat. Access to support and Instant answers to commonly asked support questions are available at www.pctools.com/support/.
UPDATES
We agree to provide you with all upgrades and new versions of the Software that are released by us during the initial term and, upon payment of the renewal fee, during each renewal term. For perpetual [one-off purchase] licenses the software in question may only have a limited right to receive updates and fixes for a period.
30 DAY MONEY BACK GUARANTEE FOR SOFTWARE ONLY
If for any reason you are not happy with your purchase, simply contact our consultants within 30 days of the initial purchase, and we will happily refund 100% of the applicable purchase price in accordance with our Refund Policy. As some of our perpetual [one-off purchase] software products may be purchased in combination with hardware we are not able to offer this Money Back Guarantee for purchases of products incorporating such hardware components. Such products may have their own limited warranty and Money Back rights. Please review the advertised terms for each such product carefully and contact our service team if in doubt.
OCEANIA CUSTOMERS
If you reside in Oceania, you will still have purchased the Software from PC Tools Limited however the Software will be licensed to you by an Australian company, PC Tools Pty Ltd ACN 108 759 208.
PRIVACY
In the course of your purchase of the Software, you will be required to supply us with your contact details and your credit card details. We will use and manage this information in accordance with our Privacy Policy. By purchasing the Software, you acknowledge that you consent to us using your personal information in accordance with our Privacy Statement.
GENERAL TERMS
Disclaimer of Warranties and Limitation of Liability
You hereby acknowledge that the Software cannot be guaranteed error free or free of any defects. In particular, we do not guarantee that the Software will detect and/or remove all malicious software, recover all data or rectify any errors which you may have with your system.
In the event any terms, conditions, representations or warranties are implied by statute, common law or equity ("Prescribed Terms") into these terms and conditions which cannot be lawfully excluded, such Prescribed Terms will apply, save that our liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at our option, to any one or more of the following:
- the replacement of the Software to which the breach relates or the supply of an equivalent Software;
- the repair of the Software (including repair via the release of an update);
- the payment of the cost of replacing the Software or of acquiring an equivalent Software; or
- the payment of the cost of having the Software repaired.
If our liabilities for breach of any Prescribed Terms are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
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 and conditions:
- we make no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software (other than we are entitled to grant to you the rights set out in these terms and conditions); and
- you will not under any circumstances have any cause of action against, or right to claim or recover from us 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 and conditions.
We will not be liable for any indirect or consequential damages (including loss of profits, loss of data or economic loss) arising out of a breach of these terms and conditions or arising out of the supply of a defective Software. You agree that the maximum liability that we may have to you for any and all breaches of these terms and conditions and for the supply of defective Software will in total be the purchase price that you have paid for the Software.
You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by us which have not been stated expressly in these terms and conditions or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us.
Governing Law and Jurisdiction
Any and all claims relating to the Software or any services provided by us will be construed in accordance with and will be governed by the laws in force in the Republic of Ireland. You irrevocably submit to and accept the exclusive jurisdiction of the Courts of the Republic of Ireland.
