PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
By installing and using PC Utility Kit (the "Software"), you have agreed to abide by the following terms and conditions.
1. LICENSE - Subject to the terms and conditions of this Agreement, PC Utility Kit Software grants to you a limited, non-exclusive, non-transferable license to use or evaluate the Software in accordance with this Agreement and any other written agreement with PC Utility Kit Software. You have purchased a license to use the Software. You do not have the right to sublicense. PC Utility Kit Software does not transfer title of the Software to you. This Agreement is a legally binding agreement between PC Utility Kit Software 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 stop installing or using this Software. You must remove the Software and any associated 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. To learn about redistribution of this Software, please contact PC Utility Kit Software at: .
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 PC Utility Kit Software, or you might have limited access to some of the features and functionality of the Software. In order to use all the features and functionality of the Software you must purchase a license from PC Utility Kit Software. For more information about purchasing a license to use the Software, please contact PC Utility Kit Software at: .
3.2 Activation of Software - Once you have purchased a license from PC Utility Kit Software in order to continue to use the Software or enable all the features of the software, you may be required to activate the Software through the Internet. The Software contains technological measures designed to prevent unlicensed use of the Software. PC Utility Kit Software will use those measures to confirm you have a valid licensed copy of the Software. PC Utility Kit Software 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:
i. Such distribution includes only the original Software supplied by PC Utility Kit Software. You may not alter, delete or add any files in the distribution Software or modify the Software in any way.
ii. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
iii. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
iv. You provide prior email or written notice to PC Utility Kit Software that you are distributing this Evaluation Version and receive written confirmation of PC Utility Kit Software's authorization for such distribution. If the Software is being distributed with other hardware, media or software, PC Utility Kit Software's prior written authorization is required. You may be required to report to PC Utility Kit Software the number of units of this Evaluation Version Software distributed from time to time.
3.4 Use -Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will need to renew and purchase another license in order to continue to use all the features and functionality of the Software. For more information about purchasing additional licenses of this Software or renewing your existing license, please contact PC Utility Kit Software at: .You shall not allow others to use, copy or evaluate copies of this licensed Software. Others may obtain an Evaluation Version of the Software or purchase a license to use the Software from: .
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 PC Utility Kit Software. 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. You are responsible for that violation.
3.6 Copyright Restriction - This Software contains material that is copyrighted, trade secrets and other proprietary material. You are not allowed to, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor are you permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part.PC Utility Kit Software's name, logo and graphics file that represent this Software shall not be used in any way to promote products developed with our Software. PC Utility Kit Software 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 PC Utility Kit Software.
3.7 Limitation of Responsibility - You will indemnify, hold harmless, and defend PC Utility Kit Software, 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 PC Utility Kit Software. In no event (including, without limitation, in the event of negligence) will PC Utility Kit Software, 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. PC Utility Kit Software’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 PC Utility Kit Software, 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 PC Utility Kit Software. This reimbursement, as described above, will only occur if the Software was purchased directly from PC Utility Kit Software. 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. PC UTILITY KIT SOFTWARE DOES NOT MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL IDENTIFY ANY SPECIFIC HARDWARE OR SOFTWARE INSTALLED ON YOUR COMPUTER NOR DOES PC UTILITY KIT SOFTWARE MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL LOCATE ANY APPLICATIONS FOR YOUR SPECIFIC HARDWARE FOR USE ON CERTAIN OPERATING SYSTEMS. PC UTILITY KIT SOFTWARE ALSO DOES NOT MAKE ANY GUARANTEES THAT ANY OR ALL SOFTWARE APPLICATIONS LOCATED FOR YOUR SPECIFIC HARDWARE AND OPERATING SYSTEM WILL FUNCTION ERROR FREE, ACHIEVE CERTAIN RESULTS, OR OPERATE WITHOUT INTERRUPTION. PC UTILITY KIT SOFTWARE DOES NOT GAURANTEE THE INTEGRITY OF THIRD PARTY SOFTWARE APPLICATIONS OR THAT THIRD PARTY SOFTWARE APPLICATIONS OBTAINED DIRECTLY FROM THIRD PARTY SERVERS OR THROUGH PC UTILITY KIT SOFTWARE SERVERS WILL BE FREE OF VIRUSES OR MALICIOUS CODE. ALL SOFTWARE APPLICATIONS LOCATED AND AVAILABLE THROUGH THIS SOFTWARE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. If we are unable to provide the software application that PC Utility Kit presented during the free scan, you are entitled to request a refund as per standard refund policy.
3.8 Warranties - The Software is being provided to you on an "AS IS" basis. Except as expressly stated in writing by an authorized employee of PC Utility Kit Software, PC Utility Kit Software 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 - This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
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 by installing and using the Software, PC Utility Kit Software may use the information that is collected and transmitted through the Software, in any manner, as part of the product support services provided to you, if any, related to the Software and any hardware installed on your computer. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer. The Software will not collect any personally identifiable information from your computer location or workstation during this process. The Software contains components that enable and facilitate the use of certain Internet-based services. You further acknowledge and agree that by installing and using the Software, PC Utility Kit Software may automatically check the version and licensing state of the Software that you are utilizing in order to determine if Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. If updates, upgrades or fixes are available for the Software, it is recommended that you download and install such to the Software that are provided by PC Utility Kit Software in order to achieve the maximum benefits of the Software, however, you are not obligated to do so.
5. Intellectual Property Rights - All third party software products and company names used in the Software are copyright and the property of the respective owners. Furthermore, when using a third party's software products as identified and recommended through this Software, you will be bound to that company's own legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. PC Utility Kit Software is in no way affiliated with or representing any of the companies identified and displayed in this Software.
PC Utility Kit is a registered trademark of PC Utility Kit Software.