PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE INSTALLING
OR USING THIS SOFTWARE.
Netcom3 PC Cleaner.
strives to provide exceptional
software products that help to resolve
computer problems and help to
facilitate an error free and more
enjoyable Internet and computer
experience for the end user. By
installing and using this Netcom3 PC
Cleaner (the "Software"), you hereby
agreed to the following terms and
conditions.
1. License.
Subject to the terms and conditions of
this Agreement, Netcom3 PC Cleaner
grants to you a limited,
non-exclusive, non-transferable
license, without the right to
sub-license, to use or evaluate the
Software in accordance with this
Agreement and any other written
agreement with Netcom3 PC Cleaner. You
have purchased a license to use the
Software. Netcom3 PC Cleaner does not
transfer title of the Software to you.
This Agreement is a legally binding
agreement between Netcom3 PC Cleaner
and the user(s) of this Software. If
you do not agree to the terms and
conditions of this Agreement, you are
required to immediately cease
installing or using this Software and
remove the Software and any
documentation from your computer.
2. Distribution -
Unless otherwise authorized herein,
this Software, any accompanying
documentation, and the license herein
granted shall not be copied, shared,
distributed, re-sold, offered for
re-sale, transferred or sub-licensed
in whole or in part except that you
may make one copy for archive purposes
only. For information about
redistribution of this Software,
please contact Netcom3 PC Cleaner at:http://www.netcom3.com
3. User Agreement
3.1 Evaluation Version
use -You
may evaluate this Software without
purchasing a license (the "Evaluation
Version") for a maximum number of days
indicated and permitted by Netcom3 PC
Cleaner, or you may have limited
access to some of the features and
functionality of the Software. In
order to use or continue to use all
the features and functionality of the
Software you must purchase a license
from Netcom3 PC Cleaner. For more
information about purchasing a license
to use the Software, please contact
Netcom3 PC Cleaner at:http://www.netcom3.com
3.2 Activation of
Software -
Once you have purchased a license from
Netcom3 PC Cleaner in order to
continue to use the Software, you may
be required to activate the Software
through the Internet. There are
technological measures within the
Software that are designed to prevent
unlicensed use of the Software.
Netcom3 PC Cleaner will use those
measures to confirm you have a valid
licensed copy of the Software. Netcom3
PC Cleaner will not collect any
personally identifiable information
from your computer location or
workstation during this process.
3.3 Distribution - The
Evaluation Version of the Software may
be freely distributed, provided that:
1. Such
distribution includes only the
original Software supplied by
Netcom3 PC Cleaner. You may
not alter, delete or add any
files in the distribution
Software or modify the
Software in any way.
2. The limited
evaluation nature of this
Evaluation Version Software is
not misrepresented.
3. No money is
charged to the person
receiving this Evaluation
Version Software, beyond
reasonable cost of packaging
and other overhead, if
applicable.
4. You provide
prior email or written notice
to Netcom3 PC Cleaner that you
are distributing this
Evaluation Version and receive
written confirmation of
Netcom3 PC Cleaner’s
authorization for such
distribution. If the Software
is being distributed with
other hardware, media or
software, Netcom3 PC Cleaner’s
prior written authorization is
required. You may be required
to report to us the number of
units of this Evaluation
Version Software distributed
from time to time.
3.5 Use Restrictions -
You shall use this Software in
compliance with all applicable laws
and not for any unlawful purpose. Each
licensed copy of this Software may be
used on one single computer location
or workstation, unless otherwise
authorized herein. "Use" of the
Software means that you have loaded,
installed, or run the Software on a
computer or similar device. If you
install the Software onto a multi-user
platform, server or network, each and
every individual user of the Software
must be licensed separately or
included by a multi-site license in
order to access all the features and
functionality of the Software. You may
make one copy of this Software for
backup purposes, providing you only
have one copy installed on one
computer location or workstation (or
number of users covered in a multi
site license). Others may not use or
install your licensed copy of this
Software. The assignment, sublicense,
networking, sale, or distributions of
copies of this licensed Software are
strictly forbidden without the prior
written consent of Netcom3 PC Cleaner.
It is a violation of this Agreement to
assign, sell, share, loan, rent,
lease, borrow, network or transfer the
use of this licensed Software. If any
person other than yourself uses
Software registered in your name on
another computer location or
workstation, regardless of whether it
is at the same time or different
times, then this Agreement is being
violated and you are responsible for
that violation!
3.6 Copyright
Restriction -
This Software contains copyrighted
material, trade secrets and other
proprietary material. You shall not,
and shall not attempt to, modify,
reverse engineer, disassemble or
decompile this Software. Nor can you
create any derivative works or other
works that are based upon or derived
from the Software in whole or in part.
Netcom3 PC Cleaner name,
logo and graphics file that represents
this Software shall not be used in any
way to promote products developed with
our Software. Netcom3 PC Cleaner
retains sole and exclusive ownership
of all right, title and interest in
and to the Software and all
Intellectual Property rights relating
thereto. Copyright law and
international copyright treaty
provisions protect all parts of this
Software. No program, code, part,
image, or text may be copied or used
in any way by the user except as
intended within the bounds of this
Agreement. All rights not expressly
granted hereunder are reserved for
Netcom3 PC Cleaner .
3.7 Limitation of
Responsibility -
You will indemnify, hold harmless, and
defend Netcom3 PC Cleaner , its
employees, agents and distributors
against any and all claims,
proceedings, demand and costs
resulting from or in any way connected
with your use of the Software. In no
event (including, without limitation,
in the event of negligence) will
Netcom3 PC Cleaner , its employees,
agents or distributors be liable for
any consequential, incidental,
indirect, special or punitive damages
whatsoever (including, without
limitation, damages for loss of
profits, loss of use, business
interruption, loss of information or
data, or pecuniary loss), in
connection with or arising out of or
related to this Agreement, this
Software or the use or inability to
use this Software or the furnishing,
performance or use of any other
matters hereunder whether based upon
contract, tort or any other theory
including negligence. Netcom3 PC
Cleaner ’s entire liability, without
exception, is limited to the
customers' reimbursement of the
purchase price of the Software
(maximum being the lesser of the
amount paid by you and the suggested
retail price as listed by Netcom3 PC
Cleaner , less any applicable taxes
and shipping fees) in exchange for the
return of the product, all copies,
registration papers and manuals, and
all materials that constitute a
transfer of license from the customer
back to Netcom3 PC Cleaner . Such
reimbursement will only occur if the
Software was purchased directly from
Netcom3 PC Cleaner . If you purchased
the Software through a reseller,
distributor, retailer, or any other
third party, you need to request a
refund directly from such parties.
Netcom3 PC Cleaner DOES NOT MAKE ANY
GUARANTEES THAT THE SOFTWARE WILL
IDENTIFY ANY SPECIFIC COMPUTER
OPERATING SYSTEM REGISTRY ENTRY, OR
ANY OTHER ASSOCIATED FILES. Netcom3 PC
Cleaner ALSO DOES NOT MAKE ANY
GUARANTEES THAT ANY OR ALL COMPUTER
OPERATING SYSTEM REGISTRY ENTRIES OR
ASSOCIATED FILES WILL BE IDENTIFIED
AND OR REMOVED BY THE SOFTWARE.
3.8 Warranties -
Except as expressly stated in writing
by an authorized employee of Netcom3
PC Cleaner , Netcom3 PC Cleaner makes
no representation or warranties in
respect of this Software and expressly
excludes all other warranties,
expressed or implied, oral or written,
including, without limitation, any
implied warranties of merchantable
quality or fitness for a particular
purpose.
3.9 Governing Law -
GOVERNING LAW. Any action related to
this Agreement will be governed by
California law and controlling U.S.
federal law. No choice of law rules of
any jurisdiction will apply.
3.10 Termination -
Any failure to comply with the terms
and conditions of this Agreement will
result in automatic and immediate
termination of this license. Upon
termination of this license granted
herein for any reason, you agree to
immediately cease use of the Software
and destroy all copies of the Software
supplied under this Agreement. The
financial obligations incurred by you
shall survive the expiration or
termination of this license.
4. Consent to Use of
Data -
You agree that Netcom3 PC Cleaner may
collect and use information
transmitted by you through the
Software and/or gathered in any manner
as part of the product support
services provided to you, if any,
related to the Software. You are not
obligated to transmit any information
related to the reporting of parasites
or malicious files if you choose not
to do so when prompted. Netcom3 PC
Cleaner may also use any information
collected to provide notices to you
which may be of use or interest to
you. The Software contains components
that enable and facilitate the use of
certain Internet-based services. You
acknowledge and agree that Netcom3 PC
Cleaner may automatically check the
version of the Software that you are
utilizing and may provide updates,
upgrades, or fixes to the Software. In
order to receive such updates,
upgrades or fixes, you must agree to
the download when prompted. You are
not obligated to download any upgrades
or fixes to the Software that are
provided by Netcom3 PC Cleaner .
Netcom3 PC Cleaner will not collect
any personally identifiable
information from your computer
location or workstation during this
process.
