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Registry Update Software and End User License Agreement
By choosing or clicking "I Agree" in the installation application of Registry Update or
by choosing or clicking the "I Agree", "I Accept", "Yes" or any other
button or link which initiates the installation of the Registry
Update software application on your machine, you agree to be legally
bound by the terms and conditions that follow. Permission to install
the software application, Registry Update, or its derivative
product(s), if any, is granted only when these terms and conditions
are agreed to and stated herein. If you choose to install the
software as indicated above, you expressly agree to the terms and
conditions contained in the following text.
Our applications do not contain adware or spyware of any kind.
Installation of the Registry Update product and scanning of your
computer is free of charge. However, if and when the Registry Update
product detects "Errors" as defined below, on your computer and you
wish to use Registry Update to remove the unwanted software,
application, or code, you must then purchase a copy of Registry
Update, which includes the ability to clean your machine of the
unwanted software, application, or code.
This agreement is between you, who may herein after also be
referred to as the "Licensee", who has the authority to install the
software, and Registry Update, who may herein after also be referred
to as the "Licensor." This agreement will apply to the downloaded
software application and the installation program that will be used
to install the software, and all subsequent applications, updates
and modifications which may also be referred to collectively as
the software.
1.0 Definitions and Description
1.0.1 During Registy Update's detection process, you are free to
override the removal from your computer of any error.
1.0.2 "Error," as used throughout this agreement and the Registry
Update application, refers to registry entries such as but not
limited to; keys or values, unused or redundant, Application Paths,
Application Shortcuts, Help Indexes, Shared Folders & Files,
Startup Applications, System Configuration Files and Settings, System
Drivers, System Fonts, Uninstall Files, and other system settings
and files that may be harmful to a computer system or may slow down
a computer system, which have been located during the scan of the
computer system using the Registry Update application.
1.0.3 The Registry Update application categorizes the software,
applications and code downloaded and installed on your computer by
levels of severity.
1.0.4 The "Critical" severity level identifies conditions which
could crash and or slow down a computer and generally refers to the
following application paths which contain errors, are incomplete, no
longer in use or otherwise redundant; System Configuration, Startup
Applications, System Drivers, System Fonts.
1.0.5 The "High Risk" severity level identifies conditions which
could crash and or slow down a computer and generally refers to the
following application paths which contain errors, are incomplete, no
longer in use or otherwise redundant; Application Paths, Application
Shortcuts, Uninstall Files, Help Indexs.
The risk levels, "Critical and High Risk", do not mean or imply any
particular risk to your computer or data, but are simply arbitrary
labels we use.
1.0.6 Where the Registry Update application and this agreement
refers to keeping your computer "safe," or guarded from "harm," this
refers generally to keeping your computer clear from Errors as
defined above. During Registry Update's detection process, you are
free to override the removal from your computer of any "Errors" that
are detected.
1.0.7 "Software" or "software application" refers to the software
that will be installed on your computer according to the terms and
conditions of this license agreement, including all subsequent
updates and changes to this software at the discretion of the
Licensor.
1.0.8 The words "contract" and "agreement" can be used
interchangeably within this agreement. The meanings of all words will
be those which are consistent with the intent of this agreement,
where this agreement's purpose is to limit, to the maximum extent,
any liability to the Licensor from any issues resulting from the
usage of the software by the Licensee.
1.0.9 The term "download" refers to the process of obtaining
software from the Licensor's servers via the Internet and
storing it on your computer.
1.0.10 The term "install" refers to the usage of the installation
program to install the Licensor's software onto the Licensee's
computer for usage by the Licensee.
1.1 License Uses - Personal
1.1.1 By agreeing to the terms and conditions of this agreement,
acknowledged by the actions stated above, the Licensor gives you, the
Licensee, a non exclusive, non commercial, non transferable,
revocable, limited license to the software for use on one personal
computer, where the computer has no more than one microprocessor.
1.2 License Uses - Government
1.2.1 The installation, use, or purchase of the software by persons
authorized to do so on behalf of the United States Government is
authorized only to the extent that the rights of such usage will not
exceed the minimum rights as written in FAR 52.227-19 and amendments
there to, for "restricted computer software". It is understood that
this software is in fact, Commercial Software, where the use of the
term Commercial Software is defined in the FEDERAL ACQUISITION
REGULATION system. In addition, it is agreed that all other portions
of this agreement will apply to such usage.
1.3 License Restrictions
1.3.1 The licensee shall not allow any other person or entity to
reverse engineer, modify, decompile, disassemble, translate, or
otherwise attempt to gain an understanding of the internal workings
of the software or attempt to create derivative works as defined by
the applicable Copyright Act.
1.4 Conditions of Use
1.4.1 The software may be updated by way of modifications, enhancements,
or other changes, which will be determined solely by the Licensor
from time to time. Such updates may or may not be available free of
charge after 60 days has elapsed from the time of initial installation
and the Licensee agrees that the Licensor has no obligation to
provide any updates.
1.5 Ownership
1.5.1 It is hereby agreed and understood that the software, services,
and documentation, including but not limited to all rights, title,
interest, trademarks, copyright, intellectual property, works of art,
logos, and music, are property of the Licensor and are protected by
proprietary rights, trade marks, service marks, copyrights,
international treaties, and laws protecting intellectual property
rights. The term intellectual property rights applies to anyone
worldwide without being limited to country or jurisdiction, and has
the same meaning in this agreement as trade secrets, copyright,
patent rights, any rights not mentioned herein, and proprietary
rights without limitation. To be clear, it is agreed and understood
that all rights are reserved to the Licensor.
1.6 Electronic Signature, Records, and Agreements
1.6.1 You agree that by clicking or performing the action which
initiates installation of the application on your computer, you are
entering into a legally binding contract as evidenced by this action
which is equivalent to submitting a legally binding electronic
signature as stipulated in the United States Electronic Signatures In
Global And National Commerce Act, P.L. 106-229 (also referred to as
the "E-Sign Act") but not being limited to this act alone. You are
also agreeing to the use of your electronic signature as defined
herein on all transactions, which are performed between you and
Registry Update, its products and its representatives. You are also
agreeing that you are waiving any rights under law that require an
original signature or the exchange of money to validate an agreement
or contract. You are also agreeing that all records of transactions
that are stored by electronic means have the same validity as
original paper documents and that paper documentation will not
necessarily be retained for legal record keeping. The aforementioned
rights are being waived regardless of any applicable laws or
regulations which may apply to any country or jurisdiction worldwide
that would normally require original signatures and tangible
documents.
1.7 Disclaimer of Warranty by Registry Update.
1.7.1 Although reasonable efforts are made to ensure that the
software provided will operate as intended on your computer by
testing the software on numerous test machines with different
browsers and operating environments, Registry Update has no control
over your computer or how the software will perform on your
particular machine. Therefore, use of the Registry Update software is
at your sole risk. The software is provided as is and without
warranties of any kind, either implied, expressed, or statutory,
including and without limitation to any verbal warranties,
merchantability, fitness for a particular use or application,
accuracy of application or content, ability to operate or integrate
into any particular system or environment, non-infringement, title or
custom.
1.8 Limitation of Liability
1.8.1.1 You acknowledge and agree that under no circumstances will
the Licensor, officers, directors, employees' parents, subsidiaries,
agents, affiliates, contractors, distributors, third party vendors,
or any other party associated with or working with the Licensor,
collectively known as the "protected parties", be liable to you or
any third party for any and all direct, incidental, special,
punitive, indirect, consequential, or exemplary damages or other
relief arising out of or related to this agreement or to your use of
or inability to use the software or any unwanted or adverse effect of
the software, without limitation. The protected parties will under no
circumstances be liable for lost profits, lost business or lost
opportunity, lost goodwill, or other tangible and intangible losses
regardless of the legal theory on which any claim is brought even if
the company has been advised of the probability of such damages or if
such damage could have been reasonably foreseen.
1.8.1.2 Some jurisdictions do not allow the exclusion or limitation
of incidental and consequential damages in which case the liability
will be limited to the minimal extent permitted by law taking into
consideration the express warnings and disclaimers in this agreement
and that the user of the software has an obligation to minimize any
damages on his or her own, having been warned by virtue of the
notices in this agreement.
1.9 High Risk Activities
1.9.1 The software has not been designed, tested or verified for
use on equipment involved in high risk activities or in mission
critical applications which require extreme fault tolerance.
Therefore, the software must not be used on any computers that
perform or communicate with computers which are involved in
applications such as, nuclear facilities, life support equipment,
aircraft navigation, hazardous environment controlling equipment,
communication systems, weapon systems, or any other usage or
environment where human life or property may be at stake. Failure
of this software on computers which are utilized in these and
other critical systems could lead to death, personal injury, or
sevear property damage or environmental damage for which the
"protected parties", as defined elsewhere in this agreement, are not
responsible.
2.0 Indemnification
2.0.1 You expressly agree to indemnify and hold Registry Update and
its associated parties, (the "Protected Parties" as identified
elsewhere in this agreement), harmless from any and all claims or
demands, including but no limited to attorneys' fees made by you or
any third party in connection with or arising from your use of the
software, your violation of any of the terms and conditions of this
agreement and the subsequent license to use the software, your
violation of any applicable laws, or your violation of any rights of
another person or entity.
2.1 Governing Law: Consent to Jurisdiction
2.1.1 The laws of St. Vincent and Grenadines will govern this
agreement and the software license and the usage of the software. You
agree that the laws St.Vincent and Grenadines will govern all matters
relating to or arising from this agreement and the use or inability to
use the software and that such laws will be applied without regard to
the conflict of laws provisions and you agree to submit to the
personal and exclusive jurisdiction of the courts located within the
country, Kingstown, St. Vincent and the Grenadines The United Nations
convention on the International Sale of Goods does not
apply to this software or the software license pertaining to this
agreement.
2.2 Severability; No General Waiver
2.2.1 In the event that any one or more of the provisions contained herein or in any instrument referred
to herein shall, for any reason, be held to be invalid, illegal
or unenforceable in any respect, then to the maximum extent permitted
by law, such provision or provisions shall be judicially reformed
consistent with the Licensor's' intentions so as to be valid, legal
and enforceable, and such invalidity, illegality or unenforceability
shall not affect any other provision of this agreement or such
other instrument contained herein. The failure of the Licensor to
exercise or enforce any right or provision of this software license
or any provisions under this agreement shall not constitute a waiver
of such right or provision.
2.3 Successor Agreements
2.3.1 The Licensor may change the terms of this agreement from
time to time. The Licensee agrees to check the Licensor's website,
where the latest copy of the agreement will be posted, for any
material changes. The Licensee expressly agrees that the continued
use of any software provided by Registry Update after the effective
date of any change will constitute the Licensee's consent to any
such revised agreement. If at any time the Licensee does not accept
any such revision, the Licensee must remove the software from the
computer it was installed on. If the Licensee does not remove the
software, this will indicate acceptance of the current agreement, as
posted on the Licensor's website for the software.
2.4 Term, Termination, Survival
2.4.1 Term
2.4.1.1 This agreement shall remain in effect on perpetuity unless
it is terminated as described below.
2.4.2 Termination
2.4.2.1 This agreement will immediately terminate in the event
of any unauthorized use including but not limited to unauthorized
use, distribution, copying, modifications or any other actions that
are prohibited as outlined elsewhere in this agreement. The Licensee
may terminate this agreement at any time by erasing or destroying
any and all copies of the software and any products or works related
to the software which is in the Licensee's possession.
2.4.3 Effect of Termination
2.4.3.1 Upon termination, of this agreement, the rights and licenses
granted to the Licensee under this agreement will immediately
terminate. The Licensee will immediately erase and destroy all copies
of the software in the Licensee's possession.
2.4.4 Survival
2.4.4.1 There are sections of this agreement that will survive its
termination. The sections entitled; License uses Personal; License
uses Government; Ownership; Electronic Signature, Records and
Agreements; Disclaimer of Warranty by Registry Update; Limitation of
Liability; High Risk Activities; Indemnification; Governing Law:
Consent to Jurisdiction; Severability; No General Waiver; Successor
Agreements; Term, Termination; Survival; Entire Agreement; shall
survive termination of this agreement for any reason.
2.5 Entire Agreement
2.5.1 This agreement and the enclosed terms constitute the entire
contract between the Licensee and the Licensor as it relates to the
installation and use of the software provided by the Licensor to the
Licensee via download initiated by the Licensee after having agreed
to all of the terms of this agreement and having duly exercised
acceptance via electronic signature as defined elsewhere in this
agreement. This agreement supersedes all previous agreements. There
are no verbal agreements or inferred agreements.
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