END USER LICENSE AGREEMENT
Advanced System Repair END USER LICENSE AGREEMENT
PLEASE READ THIS Advanced System Repair END USER LICENSE AGREEMENT (this “AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING Advanced System Repair SOFTWARE (“Advanced System Repair”). BY INSTALLING OR USING Advanced System Repair, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS AGREEMENT.
Advanced System Repair, Inc. (“Advanced System Repairs”), a California corporation, 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 the Software, you hereby agree to the following terms and conditions and will automatically be subject to this Agreement.
1. License. Subject to the terms and conditions of this Agreement, Advanced System Repairs hereby grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license (except as otherwise provided herein), to use or evaluate the Software in accordance with this Agreement. Advanced System Repairs retains all rights in the Software other than those expressly granted to you in the preceding sentence. You understand that you have been granted a license to use the Software. Without limiting anything herein contained, Advanced System Repairs does not transfer title of the Software to you.
2. Intellectual Property. As between you, the end user, and Advanced System Repairs, Advanced System Repairs shall at all times remain the sole and exclusive owner of the Software technology, including, without limitation, all know-how, copyrights and patents related to the Software (“Advanced System Repair Technology”). Advanced System Repairs shall at all times have the right (but not the obligation) to prosecute, maintain, enforce and defend Advanced System Repair Technology, in its sole discretion.
3. Limited Warranty; Limited Remedy. Advanced System Repairs warrants that the Software will be conforming and free from defects until ninety (90) days after the date of manufacture (which date of manufacture shall be clearly marked in materials provided to you). Notwithstanding anything contained in this Agreement to the contrary, the warranty of Advanced System Repairs as provided herein shall be void if any alterations, modifications or work have been performed on the Software, or to the extent that any alleged defect is the result of abuse, misuse, improper maintenance or storage, accident, action or inaction on the part of any party other than Advanced System Repairs. Subject to the foregoing, if the Software is not as warranted, you must notify Advanced System Repairs in writing within the ninety-day warranty period noted above and return the Software to Advanced System Repairs within such ninety-day period in its original packaging, together with any copies of the Software made by you or in your possession, a copy of your invoice or receipt and all materials provided to you with the Software, including, without limitation, all registration papers and manuals. Advanced System Repairs will, at its option, promptly repair or replace the defective Software. Any such repaired or replaced Software shall be shipped back to you at Advanced System Repairs sole expense. This remedy will not be deemed to have failed of its essential purpose so long as Advanced System Repairs is willing and able to repair or replace the defective Software in the prescribed manner. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, DESIGN, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR USE. Without limiting the generality of the foregoing, Advanced System Repairs expressly disclaims (a) the success of the Software (to the extent the Software is not discovered to be defective within the ninety-day warranty period) and (b) the usefulness for any purpose of the Software or any technology provided thereunder. Advanced System Repairs specifically disclaims any representation or warranty that the Software will meet your requirements, that the operation of the Software will be uninterrupted, that the Software will be error-free, and any and every representation or warranty with respect to the amount of performance increase or utility that the Software will provide you. The Software will not necessarily increase performance or provide a utility benefit on your computer, and Advanced System Repairs makes no claim that your computer has any general or specific deficiency, defect, or issue with underperformance. Any claims or advertisements made by Advanced System Repairs that the Software will increase performance or utility of your computer relate to possible or potential improvement or utility. Advanced System Repairs makes no representation or warranty that a specific utility or amount of performance increase, nor any utility or performance increase, will be realized on your computer. Each computer is different and the scenarios under which each computer is used are different. Advanced System Repairs makes no claim that the Software will benefit any particular computer or type of computer or any particular use of a computer. Furthermore, Advanced System Repairs DOES NOT GUARANTEE THAT THE SOFTWARE WILL IDENTIFY AND/OR REMOVE ANY SPECIFIC COMPUTER OPERATING SYSTEM REGISTRY ENTRY OR ANY ASSOCIATED FILE.
4. Limitation of Liability. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE ON THE PART OF Advanced System RepairS) WILL Advanced System RepairS BE LIABLE FOR ANY ACTUAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY LICENSE GRANTED HEREUNDER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS). Advanced System Repairs liability under this Agreement, without exception, is limited to the lesser of (i) the amount paid by you for the Software and (ii) the suggested retail price for the Software as listed by Advanced System Repairs; in either instance, less any applicable taxes and shipping fees. Upon seeking any reimbursement for the Software, you must return to Advanced System Repairs the Software in its original packaging, any copies of the Software made by you or in your possession, a copy of your invoice or receipt and all materials provided to you with the Software, including, without limitation, all registration papers and manuals. You must also complete, execute and submit to Advanced System Repairs any forms reasonably requested by Advanced System Repairs to effect a valid transfer of the license from you back to Advanced System Repairs. You will not be entitled to any such reimbursement unless you purchased the Software directly from Advanced System Repairs and return the Software postmarked no later than sixty (60) calendar days from the date of purchase. If you purchased the Software through a reseller, distributor, retailer, or any other third party, you must request a refund directly from such third party.
5. User Agreement
4.1 Evaluation Version Use. You may evaluate a version of the Software with limited features and functionality (the “Evaluation Version”) provided by Advanced System Repairs without purchasing a license for the maximum number of days indicated by Advanced System Repairs upon licensing to you the Evaluation Version. You shall become subject to all terms of this Agreement, to the same extent as if you had purchased a license to use the Software, immediately and automatically upon installing or using the Evaluation Version. In order to use the Software upon expiration of the term of the Evaluation Version, or otherwise to have full access to the features and functionality of the Software, you must purchase a license to use the Software. For more information about purchasing a license to use the Software, please visit http://www.AdvancedSystemRepair.com.
4.2 Activation of Software. Upon purchasing a license from Advanced System Repairs in order to continue to use the Software or to have full access to the features and functionality of 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. Advanced System Repairs will use those measures to confirm you have a valid licensed copy of the Software. Advanced System Repairs will not collect any information regarding your personal identity from your computer location or workstation during this process.
4.3 Distribution of Evaluation Version. The Evaluation Version of the Software may be freely distributed, provided that:
a. Such distribution includes only the original Evaluation Version of the Software supplied by Advanced System Repairs. You may not alter, delete or add any files to the Evaluation Version before its distribution or otherwise modify the Software in any way.
b. You must not misrepresent to any distributee that the Evaluation Version contains all of the features and functionality of the Software in its purchased version.
c. No money is charged to any recipient of the Evaluation Version, beyond the reasonable cost of its packaging and shipment.
d. You must provide prior email or written notice to Advanced System Repairs before distributing the Evaluation Version to any third party and receive written confirmation of Advanced System Repairs authorization for such distribution prior to making any such distribution. If you intend to distribute the Evaluation Version with other hardware, media, or software, you must notify Advanced System Repairs thereof with your notification to Advanced System Repairs of your intent to distribute the Evaluation Version and receive Advanced System Repairs written authorization prior to making such distribution.
e. You may, from time to time, be required to report to us the number of units of the Evaluation Version distributed by you. Hence, you must keep, for a period covering at least the preceding three (3) years, complete and accurate records pertaining to your distribution of the Evaluation Version in sufficient detail to permit Advanced System Repairs to confirm the number of units of the Evaluation Version distributed by you. Advanced System Repairs shall have the right to audit such records for the purpose of verifying any information provided, upon providing you with reasonable written notice. Advanced System Repairs shall bear the full cost of any such audit, unless such audit discloses a variance of more than five percent (5%) from the number of units actually distributed, in which case you shall bear the full cost of such audit.
4.4 Purchased Version Use. Upon purchasing a license(s) to use the Software, you shall be permitted to use the license(s) subject to this Agreement and all other terms and conditions provided to you by Advanced System Repairs, including, without limitation, any term governing the duration of any such license. Upon the expiration of the term of your license, you must renew and purchase another license in order to retain full access to the Software. For more information about purchasing additional licenses to the Software or renewing your existing license, please visit http://www.AdvancedSystemRepair.com.
You may not copy the Software (except as otherwise provided herein); distribute or sub-license the Software to any third party; nor allow any third party to use, copy, or evaluate any copy of the Software. A third party may obtain an Evaluation Version of the Software or purchase a license to use the Software from http://www.AdvancedSystemRepair.com.
4.5 Use Restrictions. You shall use the Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of the 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 in a multi-site license in order to access all the features and functionality of the Software. You may make one copy of the Software for backup purposes, provided you have only one copy installed on one computer location or workstation (unless you have a multi-site license, in which case the Software may be installed in the number of computers expressly covered by the multi-site license). Third parties may not use or install your licensed copy of the Software. The assignment, sub-license, networking, sale, or distribution of copies of this licensed Software is strictly forbidden without the prior written consent of Advanced System Repairs, which may be withheld in Advanced System Repairs absolute discretion. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software or any accompanying documentation. 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 you are in violation of this Agreement. For more information on restrictions on the distribution of the Software, please visit http://www.AdvancedSystemRepair.com.
5. Proprietary Information. The 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, whether in whole or in part.
You shall not use Advanced System Repairs name, logo or graphics in any way or for any purpose, including, without limitation, to promote any product. Advanced System Repairs 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 the Software. You may not use or copy any program, code, part, image, or text of the Software except as expressly provided herein. All rights not expressly granted to you hereunder are retained by Advanced System Repairs.
6. Indemnification of Advanced System Repairs. You hereby agree to indemnify, save, hold harmless and defend Advanced System Repairs, its directors, officers, employees, agents and distributors from and against any and all losses, damages, liabilities, expenses and costs, including reasonable attorneys fees and legal costs, resulting from or in any way connected with this Agreement; your breach of any term of this Agreement; your purchase, handling or use of the Software; or any use of the Software by any distributee of the Software
7. Governing Law. Any action related to this Agreement will be governed by California law, without giving effect to any choice of law provision
8. Termination. Any breach by you of any term or condition of this Agreement will result in the automatic and immediate termination of your license to the Software, without any further action on the part of Advanced System Repairs and without any refund to you. Upon termination of your license to the Software for any reason, you agree to immediately cease use of the Software and to destroy any copies of the Software in your control or possession. Any financial obligations to Advanced System Repairs incurred by you prior to the expiration or earlier termination of your license shall survive the expiration or termination of your license. Nothing herein contained shall limit Advanced System Repairs remedies in the event of breach by you of this Agreement. Advanced System Repairs shall remain entitled to all remedies available under the law or in equity in the event of your breach of this Agreement.
9. Binding Arbitration. Any dispute arising out of or relating to this Agreement or the license to the Software that is not otherwise amicably settled between you and Advanced System Repairs shall be exclusively resolved by arbitration between you and Advanced System Repairs in accordance with the applicable arbitration rules of the American Arbitration Association, with the arbitration to be conducted with one arbitrator in the English language taking place in Newport Beach, California or such other location as mutually agreed by you and Advanced System Repairs. The results of any such arbitration proceeding shall be binding upon you and Advanced System Repairs, and judgment may be entered upon the arbitration award in any court having jurisdiction thereof. Notwithstanding the foregoing, Advanced System Repairs may seek interim injunctive relief from any court of competent jurisdiction.
10. Consent to Use of Data. You agree that Advanced System Repairs 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. Advanced System Repairs may also (but shall not be obligated to) 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 Advanced System Repairs 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 download the same when prompted. You are not obligated to download any upgrades or fixes to the Software.. Advanced System Repairs will not collect any information that personally identifies you from your computer location or workstation during this process.
11. How to Uninstall Advanced System Repair software
To uninstall the program from Windows 7:
- Click Start and click Control Panel
- In the Programs section, click the Uninstall a program option (In Icon view, click the Programs and Features option)
- Select the software and click the Uninstall button
To uninstall the program from Window Vista:
- Click Start and click Control Panel.
- In the left pane, select Control Panel Home.
- In the Program section, click Uninstall a Program.
- Select the software and click the Uninstall button.
To uninstall the program from Windows XP:
- Start -> Control Panel
- Open “Add or Remove Programs”
- Select the software and click “Remove
To uninstall the program from Windows 8:
- Start -> Control Panel
- Open “Add or Remove Programs”
- Select the software and click “Remove
To uninstall the program from Windows 10:
- Open the Start menu.
- Click Settings.
- Click System on the Settings menu.
- Select Apps & features from the left panel
- Select the app you wish to uninstall.
- Click the Uninstall button that appears.
12. Miscellaneous. This Agreement constitutes the complete, final and exclusive embodiment of the entire agreement between you and Advanced System Repairs with regard to its subject matter. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, this determination will not affect any other provision of this Agreement, and the provision in question will be modified so as to be rendered enforceable.
13. Contacting Us
If you would like to contact us for any reason, please contact us as described below:
Advanced System Repairs Inc.
21163 Newport Coast Dr. Suite #502
Newport Beach, CA 92657
Advanced System Repairs, Inc.
LAST MODIFIED: 05-01-2018