END USER LICENSE AGREEMENT FOR iolo technologies, LLC
IMPORTANT--READ CAREFULLY--READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY,
BECAUSE BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE OR ATTEMPTING
TO DO ANY OF THESE THINGS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND
BY THIS LICENSE, DO NOT DOWNLOAD, INSTALL, COPY, TRANSMIT OR USE THE SOFTWARE.
This License governs your use of the SOFTWARE made available for your use by iolo
technologies, LLC ("iolo" or "IOLO"). All iolo applications (and third-party software
included therein) downloaded, copied or otherwise obtained from any source; all
updates, patches, fixes, modifications and enhancements thereto, including releases
of new versions (even if you allow us to provide these to you automatically); and
any associated media, any printed materials, any online or electronic documentation,
as well as related services, shall hereinafter be collectively referred to as the
"SOFTWARE". By installing, copying, downloading or otherwise using the SOFTWARE,
you agree to be bound by the terms of this License.
This License covers only the SOFTWARE. During the process of downloading and installing
the SOFTWARE, there may be components that are proprietary to Microsoft or other
third-party providers and which iolo provides to you under a license or other grant
of rights from them. There may be circumstances in which those other third parties
may require you, during the download or installation process, to acknowledge and
agree specifically to certain terms and conditions that apply to those components.
If that is the case, you should review those terms and conditions carefully, since
by continuing the download and installation process you will also be agreeing to
them and you will be acknowledging and agreeing that those other parties, not iolo,
are responsible for any questions, complaints or claims you may have related to
any or all of those components.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE is licensed,
not sold.
GRANT OF LICENSE
Subject to your agreement and compliance with the terms and conditions of this License,
iolo grants you a limited, personal, non-exclusive and revocable license to use
the Software. This License gives you the right to:
- Install and use the SOFTWARE solely for your individual use and not for any other
purpose or use whatsoever;
- Copy the SOFTWARE to the hard disk or other fixed storage medium of only one (1)
computer that you own or that is under your control. If a greater number of copies
and/or number of computers is specified within the documentation or the applicable
transaction documentation from an authorized distributor or reseller from which
you obtained the SOFTWARE, you may use the SOFTWARE in accordance with such specifications;
and
- Make one copy of the SOFTWARE solely for the purposes of back-up to the installed
SOFTWARE.
RESERVATION OF RIGHTS, REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Reservation of Rights. The license grants above are the only rights granted to you
in connection with this License and your use of the SOFTWARE and any and all rights
not expressly granted to you by the license grants, iolo expressly and fully reserves.
Other than those license rights granted to you in this License or for backup or
archival purposes specifically permitted by law, you may not use or make any other
copies of the SOFTWARE.
Storage/Network Use. You may not use the SOFTWARE over a network or distribute the
SOFTWARE to other computers over a network unless you have a licensed copy of the
SOFTWARE for each computer that can access the SOFTWARE over that network, except
as specifically described in documentation provided with the SOFTWARE.
No Reverse Engineering, Decompilation, and Disassembly. You are not permitted to
tamper with or attempt to bypass, modify, defeat or otherwise circumvent the operation
of the SOFTWARE or alter, reverse engineer, decompile, disassemble or otherwise
attempt to discover or disclose the SOFTWARE source code or underlying programming.
Separation of Components. The SOFTWARE is licensed as a single product. You may
not separate its component parts unless expressly authorized by iolo.
Data Files. The SOFTWARE may create data files automatically for use with the SOFTWARE.
Any such data files will be deemed part of the SOFTWARE.
Transfer of License. You may permanently transfer your license to SOFTWARE to another
person, firm or enterprise provided that:
- You do not keep any copies of SOFTWARE; and
- The new person, firm or enterprise accepts the terms of this License.
No Partial Transfer of License. Partial transfer of your rights under this License
is not permitted. For example, if the applicable documentation grants you the right
to use multiple copies of the SOFTWARE, only a transfer of the right to use all
such copies of the SOFTWARE would be valid. Additionally, the use of the SOFTWARE
as part of a facilities management, timesharing, service provider or service bureau
arrangement is not permitted.
No Rental or Resale. You are not permitted to distribute, transmit, sublicense,
lease, sell or rent the SOFTWARE to any other person, firm or enterprise.
Termination. Without prejudice to any other rights, iolo may terminate this License
if iolo reasonably believes that you fail to comply with the terms and conditions
of the License. In such event, you must stop all use of the SOFTWARE and you must
destroy the SOFTWARE and all copies of the SOFTWARE and all of the component parts
thereof.
Confidentiality. You agree to keep information contained in the SOFTWARE that is
not publicly known confidential to yourself and to not disclose such information
to others without iolo's prior written approval.
Dependent Software. The software, network services, or other products other than
the SOFTWARE upon which the SOFTWARE's performance depends might be interrupted
or discontinued at the discretion of the suppliers (software suppliers, service
providers, or iolo). iolo and its suppliers do not warrant that those software products,
network services, or other products will continue to be available or that they will
operate without interruption or modification.
COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any
images, photographs, animation, video, audio, music, text, "applets" or other content
or materials contained and/or incorporated therein) and any copies thereof, are
owned by iolo and/or its suppliers.
USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be used by you to store, process, and use content created by you
and third parties. Such content may be protected by copyright, other intellectual
property laws, and/or agreements. You agree to use the SOFTWARE only in compliance
with all such laws and agreements that apply to such content. You further agree
that iolo may take appropriate measures to protect copyrights or content stored,
processed, or used by the SOFTWARE. Such measures include, but are not limited to,
counting the frequency of your backup and restoration activities through certain
SOFTWARE features, refusal to accept your request to enable restoration of data
based on information from certain SOFTWARE features, and termination of this License
in the event of your illegitimate use of the SOFTWARE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE is provided with RESTRICTED RIGHTS. Any use, duplication, or disclosure
by the United States Government is subject to restrictions as set forth in subparagraph
(c) (1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR
52.227-19, as applicable. The manufacturer is iolo technologies, LLC, 7470 North
Figueroa Street, Los Angeles, CA, 90041.
REPLACEMENT OF DEFECTIVE CD-ROM MEDIA
In situations where a back-up copy of the SOFTWARE is furnished to you by iolo on
CD-ROM media, as your sole and exclusive remedy, for a period of ninety (90) days
from the date of its delivery to you the CD-ROM media on which the back-up copy
of the SOFTWARE is furnished iolo will replace any defective CD-ROM media used under
conditions of normal use. A processing fee may be required if physical media is
shipped to the original licensee.
This remedy extends only to you as the original licensee and represents iolo's entire
liability and your sole and exclusive remedy. Defective CD-ROMS must be returned
to iolo within the 90-day period with proof of purchase in the form of a bill of
sale (which is evidence that the CD-ROM media is within the warranty period). iolo
will have no obligation to replace a disk, which, in its reasonable determination,
has been damaged by accident, abuse or misapplication.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND IOLO, ITS
AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO
AS "IOLO") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT.. IOLO DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, IOLO DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE
IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IOLO, AN IOLO AUTHORIZED REPRESENTATIVE
OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SOFTWARE. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT IOLO OR AN IOLO AUTHORIZED REPRESENTATIVE)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS
DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
IOLO PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED
BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE
RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. IOLO
STRONGLY RECOMMENDS YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION
OR USE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER
IOLO, NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR
ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED
TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY
OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF THE SOFTWARE OR OTHERWISE
IN CONNECTION WITH THIS LICENSE.. IN ALL CASES, IOLO'S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE
TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR
CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS
AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend iolo, its affiliates and its and/or their respective successors
and assigns, as well as their respective officers, directors, employees, agents,
licensors, representatives, operational service providers and suppliers against
any and all claims, demand and/or actions and indemnify and hold iolo, its affiliates
and its and/or their respective successors and assigns, as well as their respective
officers, directors, employees, agents, representatives, suppliers, licensors and
contractors harmless from and against any and all losses, damages, costs and expenses
(including reasonable attorneys' fees), resulting from your breach or violation
of this License, infringement, misappropriation or your violation of the rights
of any other party, your violation or non-compliance with any law or regulation,
or your alteration or export of the SOFTWARE. iolo reserves the right to assume,
at its expense, the exclusive defense and control of any claims or actions and all
negotiations for settlement or compromise, and you agree to fully cooperate with
iolo upon its request.
SOFTWARE DATA COLLECTION AND MONITORING
The SOFTWARE contains features that allow iolo and/or third parties to collect data
from, control, and/or monitor computers and devices running or interacting with
the SOFTWARE in order to prevent unlicensed or illegal use of the SOFTWARE. The
SOFTWARE may contain enforcement technology that imposes limits on the ability to
install and uninstall the SOFTWARE to not more than a finite number of times on
a finite number of machines. The SOFTWARE containing enforcement technology requires
licensing as set forth during the installation process and in the documentation,
and the SOFTWARE may only operate for a finite period of time prior to licensing
by the user. If you do not complete licensing during the finite time period set
forth in the documentation or as prompted by the SOFTWARE, the SOFTWARE will cease
to function until licensing is complete. Under this License, you hereby agree that
the activities described above may occur.
In order to improve products and services, iolo may receive information from your
computer about your computer and about operations performed on your computer by
the SOFTWARE. iolo will not provide information specifically about your computer
to anyone other than you without your consent. However, iolo may aggregate the data
received from your computer with data iolo receives from other users, and iolo may
use or disclose that aggregated data without consent.
AUTOMATIC UPDATE FEATURE
From time to time, iolo or third parties may automatically update or otherwise modify
the SOFTWARE. One, but not the only, example of when this may happen is for purposes
of enhancement of security functions, error correction, and improvement of functions,
at such time as you interact with iolo's or third-parties' servers, or otherwise.
Such updates or modifications may delete or change the nature of features or other
aspects of the SOFTWARE, including functions you may rely upon. You hereby agree
that such activities may occur at iolo's sole discretion and that iolo may condition
continued use of the SOFTWARE upon your complete installation or acceptance of such
updates or modifications.
FUNCTIONAL CHANGES
UPDATES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN AND IOLO MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE SOFTWARE DESCRIBED HEREIN (INCLUDING REMOVAL OR DISCONTINUATION
OF FEATURES, FUNCTIONS OR SERVICES) AT ANY TIME WITHOUT NOTICE. AT THE TIME OF PURCHASE,
THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES
THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE
AFTER PURCHASE AND INSTALLATION BY THE USER. BECAUSE PRODUCT IS SOLD AS A SUBSCRIPTION-BASED
SERVICE, ALL USERS MUST ACCEPT ALL CHANGES MADE TO SOFTWARE DURING SUCH SUBSCRIPTION,
WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF IOLO
ELECTS IN ITS SOLE DISCRETION TO DISCONTINUE IT.
SEVERABILITY
If any part of this License is held invalid or unenforceable, the remaining provisions
of this License shall be unimpaired and remain in full force and effect.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
This agreement shall be governed by the laws of the State of California and the
United States of America, without regard to conflict-of-laws provisions. Any disputes
arising out of this License shall be subject to the exclusive venue of the state
and federal courts of Los Angeles County, California, and the parties hereby consent
to the venue and jurisdiction of such courts. THE PARTIES HERETO WAIVE TRIAL BY
JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. IOLO
RESERVES THE RIGHT TO AMEND THE SPECIFIC TERMS OF THE LICENSE REGARDING THE SOFTWARE
AT ITS SOLE DISCRETION BY UPDATING ITS POLICY LOCATED AT http://www.iolo.com/eula
OR ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amended
terms, you must cease use of the entire SOFTWARE product and any other related materials
bundled in the package at the time of purchase pursuant to the terms in the first
paragraph of this License, titled "IMPORTANT—READ CAREFULLY." Your continued use
of the SOFTWARE after notice shall be deemed agreement to be bound by such amendment.
THIRD-PARTY BENEFICIARY
For all purposes of this License, each of iolo's third-party licensors of any of
the SOFTWARE shall be expressly deemed an intended third-party beneficiary of this
License and shall have the right to enforce the terms and conditions of this License.
QUESTIONS OR COMMENTS
Should you have any questions concerning this License or the limited warranty, you
may contact iolo in writing at, 7470 North Figueroa Street, Los Angeles, California,
90041.
Copyright 2009 iolo technologies, LLC. iolo, iolo AntiVirus, iolo Personal Firewall,
DriveScrubber, Search and Recover, Macro Magic, System Shield, System Mechanic,
Memory Mechanic, System Mechanic Mobile Toolkit, System Mechanic Professional, and
System Mechanic Business are trademarks or registered trademarks of iolo technologies,
LLC. All other trademarks are the property of their respective owners.