IMPORTANT: PLEASE READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE USING ‘PC Smart Cleanup’ SOFTWARE. WE ARE PLEASED TO LICENSE THE ‘PC Smart Cleanup’ SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TO BELOW AS "YOU" OR "YOUR") ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND PC Smart Cleanup BY CLICKING ON THE "AGREE", “ACCEPT” OR "YES" BUTTON OR ANY OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, INSTALLING THE DOWNLOADED SOFTWARE, ACCESSING THE SOFTWARE ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAINING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE "AGREE", "ACCEPT", OR "YES" BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT USE OR ACCESS THIS SOFTWARE.
‘PC Smart Cleanup’ is a Windows Registry cleaning & optimizing utility that provides a fast and effective way to analyze and fix corrupt/disorganized windows registry to keep your windows pc in an optimally functional state.
2. Term & Termination
The initial term of this Agreement will commence on the date you acquire or download the Software, along with Easy File Opener, which is also a product of PC Smart Cleanup. It is downloaded with PC Smart Cleanup. The initial term will continue for the term you specified in your order for the Software, or if you received the Software in combination with other hardware or software, the term specified by your supplier. If renewal terms are available, PC Smart Cleanup will provide notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the 'Term'.
PC SMART CLEANUP, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.
On the expiration or termination of this Agreement, you will cease using the Software, PC SMART CLEANUP may cease making Updates available to you, and the Software may cease functioning.
PC SMART CLEANUP reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software are owned by PC SMART CLEANUP or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you can make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.
4. Content Updates
You acknowledge that certain PC SMART CLEANUP software products utilize content that is updated from time to time. For example, ‘PC Smart Cleanup’ products utilize updated computer components, like registry structure etc. & content delivery features utilize updated URL links, etc. (collectively, "Content Updates"). You may obtain Content Updates during any period for which You have (i) purchased a subscription for Content Updates for the Software (including any subscription included with Your original purchase of the Software), (ii) purchased upgrade insurance for the Software, (iii) entered a maintenance agreement that includes Content Updates, or (iv) otherwise separately acquired the right to obtain Content Updates. Except to the extent expressly stated above, this license does not permit you to obtain and use Content Updates. You further acknowledge that you must routinely download and permit installation of Updates to obtain maximum benefit from the Software and to keep your windows PC functioning in an optimal state.
PC SMART CLEANUP warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of your purchase of the Software (the "Warranty Period"). Your sole remedy in the event of a breach of this warranty will be that PC SMART CLEANUP will replace any defective media returned to PC SMART CLEANUP within the Warranty Period or, if Section 6 below applies, refund the money you paid for the Software. PC SMART CLEANUP does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or error-free. To exercise your rights under this Section 5, you must uninstall and destroy all copies of the Software you may have made (including all archival copies), and (i) if you purchased the Software by download, follow the instructions on the confirmation email you received about the purchase, or (ii) for all other purchases, return the Software in its original package, along with your receipt, to the point of purchase.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
6. Money Back Guarantee
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, you are entitled to receive a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes) by so notifying PC SMART CLEANUP Customer Service or the Dealer in writing at any time during the sixty (60) day period following the date of purchase (the "Guarantee Period"). If you received the Software as a "bundled" product with the purchase of Your PC or other computer component, or if you fail to notify PC SMART CLEANUP Customer Service or the Dealer within the Guarantee Period, you will not have entitled to a refund.
PC SMART CLEANUP may deliver any notice to you via pop-up window, dialog box, email or other means, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date PC SMART CLEANUP first makes it available through the Software, irrespective of when you receive it.
You acknowledge that PC SMART CLEANUP collects certain information regarding the users of the Software, including certain personally identifiable information. You hereby consent to PC SMART CLEANUP for collection and use of such information.
8. Disclaimer of Damages
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, PC SMART CLEANUP DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT.
PC Smart Cleanup DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
9. Limitation of Liability
You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software as applicable to your state/country and the respective taxation structure.
11. Government Users
If the Software is downloaded or accessed by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication, or disclosure of the Software by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable.
12. Export Control
The Software and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported. You must comply with all domestic and international export laws and regulations that apply to PC Smart Cleanup. These laws include restrictions on destinations, end users and end use. You agree not to export this software or related licenses to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation. By downloading, accessing or using the Software, You agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country which might fall under any type of restricted list.
13. General Terms