NOTIFICATION:  BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE HIJACK GUARD SOFTWARE ("SOFTWARE"), YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE SET OUT BELOW ("THIS LICENCE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST NOT USE, INSTALL OR COPY THE SOFTWARE.

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 CONFIGURATION FILES 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 LICENCE 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

1.1                  PC Tools Pty Ltd ("PC Tools") has agreed to license use of the Software to you pursuant to the terms and conditions of this Licence as set out herein.

1.2                  PC Tools grants to you a non-exclusive, non-transferable, royalty free, revocable licence to use the Software. The Software must be used strictly in accordance with the provisions of this Licence.

1.3                  You may use the Software on more than one computer. You may also distribute a copy of the Software to any person. You may also host the Software for download from your website or FTP site.

1.4                  The copy of the Software hosted on your website or FTP site or otherwise distributed by you must not be altered, varied, translated, adapted or modified in any way.

1.5                  You must not charge any licence fees or other fees to any person to whom you distribute the Software or to any person who downloads the Software from your website or FTP site.

2         LICENSEE'S OBLIGATIONS

2.1                  As the Licensee, you hereby undertake the following obligations:

(a)          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;

(b)          to not distribute any translated, adapted, varied, altered or modified version of the Software;

(c)          to supervise and control the use of the Software in accordance with the terms of this Licence;

(d)          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 the terms of this Licence;

(e)          to not provide or otherwise make available the Software in any form to any person other than those referred to in paragraph (d) without the written consent of PC Tools;

(f)            to not sub-license the Software in any form to any other person;

(g)          to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software; and

(h)          to not engage in any acts which infringe PC Tools rights in the intellectual property rights in the Software.

2.2                  You acknowledge that the Licence 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.

3         WARRANTY

3.1                  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 Licence 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.

3.2                  You acknowledge that PC Tools 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 PC Tools website on a regular basis at www.pctools.com.

3.3                  In the event any statute or law implies terms into this Licence which cannot be lawfully excluded, such terms will apply to this Licence, save that the liability of PC Tools for breach of any such implied term will be limited, at the option of PC Tools, 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)          a refund of the purchase price of the Software;

(d)          the payment of the cost of replacing the Software or of acquiring equivalent Software; or

(e)          the payment of the cost of having the Software repaired.

3.4                  If the liability of PC Tools 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.

3.5                  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)          PC Tools makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software; and

(b)          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) arising from the supply or use of the Software or any breach of these terms.

3.6                  PC Tools will not be liable for any indirect or consequential damages arising out of a breach of this Licence or arising out of the supply of defective Software. If PC Tools is under any liability to you for the supply of defective Software, the maximum liability of PC Tools to you will be the purchase price (if any) that you paid for the Software.

3.7                  You acknowledge that you have exercised your independent judgment in acquiring or obtaining the Software and have not relied upon any representations made by PC Tools which have not been stated expressly in this Licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by PC Tools.

3.8                  You agree that the rights and limitations of liability of PC Tools under this Clause 3 are in addition to, and do not limit, any other rights or limitations specified in the section marked "DISCLAIMER" at the beginning of this Licence.

4         COPYRIGHT AND TRADE MARKS

4.1                  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 Licence, 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 Licence.

4.2                  You shall not during or at any time after the expiry or termination of this Licence permit any act which infringes the Trade Marks used in connection with the Software.

4.3                  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 Licence.

5         TERM OF LICENCE

5.1                  This Licence commences upon the earlier of your installation or first use of the Software and is granted in perpetuity, but may be terminated in the following circumstances:

(a)          if you are in breach of any term of this Licence;

(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.

5.2                  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.

5.3                  Termination pursuant to this clause shall not affect any rights or remedies which PC Tools may have otherwise under this Licence or at law.  

6         ASSIGNMENT

The benefit of this Licence shall not be dealt with in any way by you (whether by assignment, sub-licensing or otherwise) without PC Tools' written consent.

7         WAIVER

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

8         GOVERNING LAW

This Licence shall be governed by and construed according to the laws in force in Victoria, Australia. You irrevocably consent to the jurisdiction of the Courts of the State of Victoria, Australia and their courts of appeal.

If you have any questions or require clarification relating to the terms and conditions of this Licence, please contact PC Tools online via  www.pctools.com