Win Tuneup License Terms
These license terms are an agreement between Win Tuneup and you. Please read them.
These terms apply to the Win Tuneup, including the media on which you received it,
if any. These terms also apply to any updates, supplements, and support services
for Win Tuneup, unless other terms accompany those items. If so, those terms apply.
By selecting "I accept the agreement" or using Win Tuneup, you accept these terms.
If you do not accept them, do not select "I accept the agreement" and/or do not
use Win Tuneup.
1. Use Rights. Win Tuneup is licensed on a per computer basis. If you comply
with this agreement, for each license you acquire, you may install and use one copy
of Win Tuneup. You may not share a license you acquire nor may you install Tuneup
Pro on more computers for which you have purchased licenses.
(a) Full Retail Version. The license of Win Tuneup has a validity of 1 year.
The licensed full retail version of Win Tuneup will contain full functionality and
you will be provided support services in the English language and upgrades for the
period which you purchased Win Tuneup (the "Term").
After 1 year (the "Term"), the license key of the program will stop working and
the program will convert to the trial version. You will have to purchase another
license key to continue using the full retail version of Win Tuneup.
(b) Evaluation Or Trial Version. If Win Tuneup is an evaluation or trial
version, it may contain limited functionality and/or cease operating after the designated
trial period. This license will terminate after such period unless extended by Tuneup
Pro upon your acquisition of a full retail version of Win Tuneup. If Win Tuneup
is an evaluation or trial version, you agree that Win Tuneup may periodically offer
you, through in-product or stand-alone reminders or email (if you provide it to
us), the opportunity to upgrade to the full retail version.
2. Privacy. You should refer to Win Tuneup's privacy policy, available at
http://www.tuneuppro.com/privacypolicy/
for a more detailed explanation of how your information may be stored and used by
Win Tuneup. You hereby agree to the collection and use of such information or data
by Win Tuneup.
3. No Performance Warranty. Win Tuneup specifically disclaims any representation
or warranty for the amount of performance increase or utility provided by Tuneup
Pro. Win Tuneup will not necessarily increase performance or provide a utility benefit
on your computer, and Win Tuneup makes no claim of specific deficiency, defect,
or underperformance with respect to your computer. Any claims of performance increases
or utility made for Win Tuneup are those of possible or potential improvement or
utility, and no representation or warranty is offered that a specific utility or
amount of performance increase, if any, will be realized on any particular computer.
Each computer is different and the scenarios under which they are used are different,
and no claim is made that any one computer or usage scenario shall result in any
performance increase or utility benefit from Win Tuneup.
4. Your Feedback. If you give feedback about Win Tuneup to Win Tuneup, you
give to Win Tuneup, without charge, the right to use that feedback for any purpose.
You will not give feedback that is subject to a license that requires Win Tuneup
to license its software or documentation to third parties because we include your
feedback in them. These rights survive this agreement.
5. Scope of License. Win Tuneup is licensed, not sold. Win Tuneup is protected
by copyright, patent and other intellectual property laws and treaties. This agreement
only gives you some rights to use Win Tuneup. Win Tuneup reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
Win Tuneup only as expressly permitted in this agreement. In doing so, you must
comply with technical limitations in Win Tuneup that only allow you to use it in
certain ways. You may not:
- work around the technical limitations in Win Tuneup;
- reverse engineer, decompile or disassemble Win Tuneup, except and only to the
extent that applicable law expressly permits, despite this limitation;
- install on more computers or make more copies of Win Tuneup than specified in
this agreement or allowed by applicable law, despite this limitation;
- separation of Components. The SOFTWARE PRODUCT is licensed as a single product.
Its component parts may not be separated for use on more than one COMPUTER;
- publish Win Tuneup for others to copy;
- distribute Win Tuneup to any third party;
- rent, lease or lend Win Tuneup; or
- transfer Win Tuneup or this agreement to any third party.
- USE FOR MISSION CRITICAL USE. You warrant that you understand and agree that the
software is not designed, intended or licensed for use in hazardous environments
requiring fail-safe controls, including without limitation, the design, construction,
maintenance or operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, life support or weapons systems, or any environment
where a software or computer defect or failure could result is injury to persons
or physical damage. Win Tuneup specifically disclaims any express or implied warranty
of fitness for such purposes.
6. Support Services. Win Tuneup may provide you with support services related
to Win Tuneup. Additional terms may govern support services. Any supplemental software
code provided to you as part of the support services or otherwise will be considered
part of Win Tuneup and subject to this agreement. Win Tuneup is responsible for
order fulfillment only and will provide customer support during its normal business
hours. Win Tuneup has contracted or may in the future contract with third parties
to provide technical support for Win Tuneup.
7. U.S. Government Restricted Rights. Win Tuneup and its accompanying documentation
are deemed to be commercial computer software as defined in FAR 12.212 and subject
to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software
- Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software
or Commercial Computer Software Documentation", as applicable, and any successor
regulations. Any use, modification, reproduction release, performance, display or
disclosure of Win Tuneup by the U.S. Government shall be solely in accordance with
the terms of this agreement.
8. Export Restrictions. Win Tuneup is subject to applicable U.S. export laws
and regulations. You must comply with all domestic and international export laws
and regulations that apply to Win Tuneup. These laws include restrictions on destinations,
end users and end use. You agree not to export Win Tuneup to any prohibited country,
entity, or person for which an export license or other governmental approval is
required. Obtaining necessary licenses and approvals is solely your obligation.
9. DISCLAIMER OF WARRANTIES. Win Tuneup IS LICENSED "AS-IS" AND DEFECTS MAY
CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE,
IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR
THE RISK OF USING Win Tuneup. Win Tuneup GIVES NO EXPRESS WARRANTIES, GUARANTEES
OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT
THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, Tuneup
Pro EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Win Tuneup IS NOT DESIGNED, INTENDED OR LICENSED FOR
USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION,
THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS
SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE
OR PERSONAL INJURY, AND Win Tuneup SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR SUCH PURPOSES.
10. Limitation on and Exclusion of Damages. Win Tuneup's liability under
this agreement is limited. You can recover from Win Tuneup and its third-party suppliers
only direct damages up to the greater of the amount that you paid for Win Tuneup
OR U.S. $5.00. You cannot recover any other damages, including consequential, lost
profits, special, indirect or incidental damages. This limitation applies to anything
related to Win Tuneup, and any services, content (including code) on third party
Internet sites, or third party programs, and claims for breach of contract, breach
of warranty, guarantee or condition, strict liability, negligence, or other tort
to the extent permitted by applicable law. It also applies even if Win Tuneup knew
or should have known about the possibility of the damages. The above limitation
or exclusion may not apply to you because your state or country may not allow the
exclusion or limitation of incidental, consequential or other damages.
11. Legal Effect. This agreement describes certain legal rights between you
and Win Tuneup. You may have other rights under the laws of your state or country.
You may also have rights with respect to the party from whom you acquired Tuneup
Pro. This agreement does not change your rights under the laws of your state or
country if the laws of your state or country do not permit it to do so.
12. Applicable Law. Indian law governs the interpretation of this agreement
and applies to claims for breach of it, regardless of conflict of laws principles.
Jurisdiction over and venue of any suit arising out of or related to this agreement
will be in the state courts located in Jaipur, Rajasthan, India.
13. LIMITED WARRANTY
LIMITATION OF IMPLIED WARRANTY OR CONDITION If an implied warranty or condition
is created by your state/jurisdiction and federal or state/provincial law prohibits
disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO
DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRY DAYS). AS TO
ANY DEFECTS DISCOVERED AFTER THE THIRY (30) DAY PERIOD, THERE IS NO WARRANTY OR
CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above limitation may not apply
to you.
APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this
EULA and continuing with your purchase you agree that the limitations of warranty
and liability provided in this EULA shall be held to cover the entire purchase,
download and checkout process from first sponsored advertising impression through
the acceptance of this EULA. The purchase process shall be defined to include, without
limitation, any commercial efforts by Win Tuneup or its agents to market and promote
this product to you as well as the checkout process intended to secure the sale,
including the encryption and transmission of your data electronically to Tuneup
Pro's or its agents' credit card transaction systems. If you do not agree with the
application of these limitations to the entire promotion and purchase process, do
not continue the checkout process.
LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable
express or implied warranty, must be made to Win Tuneup in writing at Win Tuneup
, 572 & 573, G-1, Tower B-1 Evolve, IT/ITeS Mahindra World City, Village Kalwara,
Taluka Sanganer, Jaipur- 302037, INDIA within thirty (30) days of purchase. You
agree that a failure to notify Win Tuneup of any such claim within this thirty (30)
day claim period completely releases Win Tuneup of any responsibility, warranty
or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty
is created by your state/jurisdiction and federal or state/provincial law.
EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE
PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT
where no purchase price is paid prior to obtaining the software, you agree that
your sole recourse to Win Tuneup and to the party from which you obtained the free
version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE
PRODUCT from your computer at your own expense.
CUSTOMER REMEDIES. Win Tuneup's and its suppliers' entire liability and your exclusive
remedy shall be, at Win Tuneup's option, either (a) return of the price paid, if
any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Tuneup
Pro's Limited Warranty and which is returned to Win Tuneup with a copy of your receipt
(or sufficient identifying information to be able to retrieve your purchase information
in lieu thereof, at Win Tuneup's sole discretion). This Limited Warranty is void
if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Outside the United States
, neither these remedies nor any product support services offered by Win Tuneup
are available without proof of purchase from an authorized international source.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no
event shall Win Tuneup or its agents, officers or suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE
PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure
to provide Support Services, even if Win Tuneup has been advised of the possibility
of such damages. In any case, Win Tuneup's entire liability under any provision
of this EULA or any responsibility or liability created by the laws of your state/jurisdiction
shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because
some states and jurisdictions do not allow the exclusion or limitation of liability,
the above limitation may not apply to you.
NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the
software is not designed, intended or licensed for use in hazardous environments
requiring fail-safe controls, including without limitation, the design, construction,
maintenance or operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, life support or weapons systems, or any environment
where a software or computer defect or failure could result is injury to persons
or physical damage. Win Tuneup specifically disclaims any express or implied warranty
of fitness for such purposes.
BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can
make irreversible changes to the state of computer on which it is run and that Tuneup
Pro cannot accurately predict or ensure the outcome in all possible scenarios, and
therefore purchaser agrees to make and test a complete system backup and backup
of all personal information before operating the SOFTWARE PRODUCT. You agree that
you accept all responsibility for reversing or correcting any changes made by the
SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY. Win Tuneup specifically disclaims any warranty for the
amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing
this software and accepting this EULA you specifically agree that you understand
that no representation or warranty is made by Win Tuneup that the SOFTWARE PRODUCT
will necessarily increase performance or provide a utility benefit on your computer,
and that no claim of specific deficiency, defect, or underperformance has been made
with respect to your computer. Any claims of performance increases or utility made
for the software are those of possible or potential improvement or utility, and
no warranty is offered that a specific utility or amount of performance increase,
if any, will be realized on any particular computer. Each computer is different
and the scenarios under which they are used are different, and no claim is made
that any one computer or usage scenario shall see a performance increase or utility
benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with
the presence of or the degree or amount of performance improvement or utility shall
be limited to the customer remedies described above.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Win Tuneup
and its suppliers disclaim all other warranties and conditions, either express or
implied, including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement, with regard to the SOFTWARE
PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED
WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED
IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR
PACKAGING, OR LICENSE AGREMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR
THE LIMITED WARRANTY AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, Win Tuneup AND ITS AGENTS, OFFICERS, AND SUPPLIERS
PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND
HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES
OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY
OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES
AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE
TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE OFTWARE. This limited warranty gives you specific
legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
14. Entire Agreement; Severability. This agreement and any amendments to
it, and the terms for supplements, updates, and support services are the entire
agreement for Win Tuneup and the support services. This agreement will be enforced
to the fullest extent permitted by applicable law. If for any reason any provision
of this agreement is held to be invalid or unenforceable to any extent, then (a)
such provision will be interpreted, construed or reformed to the extent reasonably
required to render the same valid, enforceable and consistent with the original
intent underlying such provision; (b) such proision will remain in effect to the
extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability
will not affect any other provision of this agreement.
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