LICENSE AGREEMENT FOR PCMEDIC ASKWHIZZ SOFTWARE
This End-User License Agreement (“EULA”) is a legal AGREEMENT between you and PCMEDIC for the PCMEDIC ASKWHIZZ SOFTWARE PRUDUCT (“PCMEDIC 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 PCMEDIC ASKWHIZZ, you agree to be bound by the terms of this EULA.
PCMEDIC ASKWHIZZ LICENSE
The PCMEDIC ASKWHIZZ is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PCMEDIC ASKWHIZZ is licensed, not sold.
1) GRANT OF LICENSE
This EULA grants you, the computer software end-user, the following rights:
i. The PCMEDIC ASKWHIZZ may be used by anyone
ii. You may install and use the PCMEDIC ASKWHIZZ on any PC free of charge.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
i. Rental. You may not rent, lease, or lend the PCMEDIC ASKWHIZZ to any party.
ii. The software must be distributed using the original setup program from the PCMEDIC website
iii. You may not separate components such as DLLs from the setup package and separately distribute them
iv. The software may not be distributed as a component of another commercial product
v. Support Services. PCMEDIC may provide you with support services related to the PCMEDIC ASKWHIZZ (“Support Services”). The provision and use of Support Services is governed by the PCMEDIC policies and programs described in the PCMEDIC ASKWHIZZ user manual and/or in “online” documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of the PCMEDIC 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.
3) COPYRIGHT AND TRADEMARKS
i. All title, trademarks and copyrights in and pertaining to the PCMEDIC ASKWHIZZ (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the PCMEDIC ASKWHIZZ), the accompanying, printed materials and any copies of the PCMEDIC ASKWHIZZ are owned by PCMEDIC or its affiliated companies or suppliers. The PCMEDIC ASKWHIZZ is protected by copyright and trademark laws and international treaty provisions. You must treat the PCMEDIC ASKWHIZZ like any other copyrighted material for archival purposes only. You may not copy the printed materials accompanying the PCMEDIC ASKWHIZZ.
ii. You may not remove, modify or alter any PCMEDIC copyright or trademark notice from any part of the PCMEDIC ASKWHIZZ, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the PCMEDIC HttpWatch Setup Wizard dialog 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 PCMEDIC ASKWHIZZ.
Should you have any questions concerning this EULA, or if you desire to contact PCMEDIC for any reason, please contact the PCMEDIC by e-mail to: email@example.com.
5) LIMITED WARRANTY
i. LIMITED WARRANTY PCMEDIC warrants that (a) the PCMEDIC 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, and (b) any Support Services provided by PCMEDIC shall be substantially as described in applicable written materials provided to you by PCMEDIC, and (c) PCMEDIC support engineers will make commercially reasonable efforts to solve any problem issues with the PCMEDIC ASKWHIZZ. To the extent that implied warranties on the PCMEDIC 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 PCMEDIC ASKWHIZZ, if any, are limited to ninety (90) days.
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 PCMEDIC ASKWHIZZ AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
6) 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 PCMEDIC 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 PCMEDIC 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 THAT AGREEMENT.
PCMEDIC will not gather any personal information about you or your computer without your explicit approval, except where this license agreement has been violated by the use of 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.
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