LICENSE AGREEMENT FOR ASKWHIZZ SOFTWARE

IMPORTANT-READ CAREFULLY!

This End-User License Agreement (“EULA”) is a legal AGREEMENT between you and PCMEDIC for the ASKWHIZZ SOFTWARE PRUDUCT (“ASKWHIZZ”) identified above, which product includes computer software and may include associated media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the ASKWHIZZ, you agree to be bound by the terms of this EULA.

ASKWHIZZ LICENSE

The ASKWHIZZ is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ASKWHIZZ is licensed, not sold.

GRANT OF LICENSE

This EULA grants you, the computer software end-user, the following rights:

  1. i. The ASKWHIZZ may be used by anyone
  2. ii. You may install and use the ASKWHIZZ on any PC free of charge.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

  1. i. Rental. You may not rent, lease, or lend the ASKWHIZZ to any party.
  2. ii. The software must be distributed using the original setup program from the ASKWHIZZ website (http://www.askwhizz.com/)
  3. iii. You may not separate components such as DLLs from the setup package and separately distribute them
  4. iv. The software may not be distributed as a component of another commercial product
  5. v. Support Services. PCMEDIC may provide you with support services related to the ASKWHIZZ (“Support Services”). The provision and use of Support Services is governed by the PCMEDIC policies and programs described in the ASKWHIZZ user manual and/or in “online” documentation. Any supplemental software provided to you as part of the Support Services shall considered part of the ASKWHIZZ and subject to the terms and conditions of this EULA. With respect to technical information you provide to PCMEDIC as part of the Support Services, PCMEDIC may use such information for its business purpose, including for product updates and development. PCMEDIC will use its best efforts to not utilize such technical information in a form that personally identifies you.

COPYRIGHT AND TRADEMARKS

  1. i. All title, trademarks and copyrights in and pertaining to the ASKWHIZZ (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the ASKWHIZZ), the accompanying, printed materials and any copies of the ASKWHIZZ are owned by PCMEDIC or its affiliated companies or suppliers. The ASKWHIZZ is protected by copyright and trademark laws and international treaty provisions. You must treat the ASKWHIZZ like any other copyrighted material for archival purposes only. You may not copy the printed materials accompanying the ASKWHIZZ.
  2. ii. You may not remove, modify or alter any PCMEDIC copyright or trademark notice from any part of the ASKWHIZZ, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the ASKWHIZZ Setup Wizard dialogue or ‘about’ boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the ASKWHIZZ.

MISCELLANEOUS

If you have any questions concerning this EULA, or if you desire to contact PCMEDIC for any reason, please contact the PCMEDIC distributor serving your country, or contact: PCMEDIC by e-mail to: geral@pcmedic.pt.

LIMITED WARRANTY

  1. i. LIMITED WARRANTY PCMEDIC warrants that
    1. a. the ASKWHIZZ will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with PCMEDIC’s written materials accompanying it
    2. b. any Support Services provided by PCMEDIC shall be substantially as described in applicable written materials provided to you by PCMEDIC
    3. c. PCMEDIC support engineers will make commercially reasonable efforts to solve any problem issues with the ASKWHIZZ. To the extent that implied warranties on the ASKWHIZZ are disclaimable, they are disclaimed herein below. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the ASKWHIZZ, if any, are limited to ninety (90) days.
    4. ii. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCMEDIC AND ITS SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE ASKWHIZZ AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PCMEDIC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ASKWHIZZ OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PCMEDIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PCMEDIC’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE ASKWHIZZ; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A PCMEDIC SUPPORT SERVICES AGREEMENT, PCMEDIC’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL, BE GOVERNED BY THE TERMS OF THIS AGREEMENT.

PCMEDIC PRIVACY POLICY

The askWhizz includes a monitoring service that, in accordance with parameters/thresholds previously configured and agreed upon with the client, notifies PCMEDIC, in real time, of potential problems related to the terminal where askWhizz is installed. By default, the following parameters are automatically defined and accepted by the client with the installation of ASKWHIZZ:

    1. i. CPU > 85% during at least for 10 minutes: CPU stands to Central Processing Unit. The CPU is the electronic circuitry within a computer that carries out the instructions of a computer program by performing the basic arithmetic, logical, control and input/output (I/O) operations specified by the instructions.

High CPU usage during an extended period of time means the computer is busy processing something, that may or may not be intentional. Usually the CPU usage is below 30% (depending on the equipment usage) and during some operations it may spike to high levels for a short time. This processing is frequently due to malware or malicious software, and may prevent you to work optimally.

    1. ii. CPU > 85% during at least 25 minutes: The same as above but now categorized as critical issue.
    2. iii. Free available disk storage less than 10% or less than 10GB: Disk storage is a general category of storage mechanisms where data are recorded by various electronic, magnetic, optical, or mechanical changes to a surface layer of one or more rotating disks.

To ensure that your equipment has a satisfactory performance, it must have at least 30% of free space in the operative System partition. If there’s not enough free space, an analyze of the hard disks/partitions and storage policies is needed – you can, for example, have your productivity files on your desktop, requiring lots of space, while having other empty partitions or partitions with a lot of free space.
Usual issues that come from a disk full of information:

    • Decreasing performance, especially in SSD disks;
    • Increasing fragmentation;
    • Increasing index time and limitation in the quantity of data to index;
    • Increasing in the time and resources needed for antivirus analysis.
    1. iv. RAM > 85% during at least 10 minutes: RAM stands to Random-access Memory. RAM is a form of computer data storage which stores data and machine code currently being used .

High RAM usage during an extended period of time means the applications running are allocating data to the RAM memory to be able to perform faster. This means you should acquire more RAM to allow applications to continue to perform faster, or else they will allocate data in your hard drive and that will always be slower.

COLLECTED DATA TREATMENT

Each one of the parameters defined in the customer device only collects technical information related to the resources of the terminal. No personal information of the customer/user is collected and maintained on our servers. The parameters defined above only collect information from the system resources when one of the parameters is reached. The information collected is that provided by the operating system itself.

The above parameters do NOT collect:

    • • Any file that is in the terminal;
    • • Terminal data location;
    • • Personal information of the terminal user.

With the collected data through the above parameters PCMEDIC proceeds to its treatment in the detection and prevention of potential problems.

When a potential problem is detected, the customer will be notified via e-mail, telephone or through ASKWHIZZ itself depending on the preferred channel defined between the customer and PCMEDIC.

The ASKWHIZZ user can, at any time, see and disable parameters/thresholds defined in his equipment. In this such case, the parameter/threshold does not collect any more data. Previously collected data is NOT automatically deleted.

DATA ACCESS

You can, at any moment, request all the collected data by e-mail to: geral@pcmedic.pt.

When requested, PCMEDIC provides the requested data in *.xls format (Excel file) within a maximum period of 5(five) working days.

PCMEDIC only deletes previously collected data when you request it by e-mail to: geral@pcmedic.pt.

When requested, PCMEDIC deletes previously collected data within a maximum period of 5(five) working days.

MISCELLANEOUS

PCMEDIC will not gather any personal information about you or your computer without your explicit approval, except where this license agreement has been violated using invalid or pirated license codes. If you give us personal information or allow us to gather personal information from your computer, we will tell you exactly what we are collecting and what it will be used for.

During your product registration, you will be asked to supply limited information that is used by PCMEDIC to improve our products, to manage copyright restrictions and licensing terms, and to offer you additional products. You will always have the option to restrict PCMEDIC’s use and distribution of your personal information.

During pre-installation and installation of some of PCMEDIC’s products, PCMEDIC will request the gathering of information from your computer system. We will specify exactly what information we are collecting. PCMEDIC reserves the right to use information collected from customers in aggregate form. This means that we can compile information such as the number of people who purchased a specific product. However, your personal information is not used in this process.