PC Cure+ End User License Agreement
NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY. BY SELECTING “I ACCEPT”, “OK”, “CONTINUE”, “YES”, “NEXT”, OR BY DOWNLOADING OR INSTALLING OR USING THIS WEBSITE FOR THIS PC CURE+ SOFTWARE (“SOFTWARE”) IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS END USER LICENSE AGREEMENT (THE “LICENSE AGREEMENT” OR “AGREEMENT”) BETWEEN YOU AND Woggle Trading Ltd (“Woggle”).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, OR CONTACT CUSTOMER SERVICE AT www.viracure.com/support FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE SIXTY (60) DAYS PERIOD FOLLOWING THE DATE OF PURCHASE.
1. If you are under 18 years of age, you should not download this Software. By registering, You represent that You are at least 18 years old.
2. Upon downloading the Software – the Software will scan your PC and may detect certain unnecessary files and malware and shall offer you to purchase limited non-exclusive, non-transferable license subject to these terms of this Agreement to use certain functions of the Software such as attempt to remove such unnecessary files and malware on one computer, for a limited time period.
3. You will have certain rights to use the Software during the license period, which shall begin on the date of Your initial installation of the Software, regardless of the number of copies that You are permitted to use, and shall last until the end of the period you paid for (“License Period”). The Software may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the Software.
4. If you have agreed to permit Woggle to automatically renew your subscription to The Software by charging a valid credit card number which you have provided to Woggle, your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than Woggle’s then-current price, excluding promotional and discount pricing. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Woggle if your credit card is canceled (such as, but not limited to for loss or theft). If you fail to provide Woggle any of the foregoing information, you agree that Woggle may continue charging you for any subscription automatically renewed unless you inform Woggle’s Customer Care department at: email@example.com (or any other local number provided by the respective Woggle entity in your region) not to renew your subscription to The Software at least thirty (30) days prior to the expiration of your subscription to The Software and informing them of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of The Software.
5. License fees will not be refunded after 60 days period starting the day that they were paid.
6. This License Agreement covers the Software for home-users licensed to you, including related documentation and any update and upgrade of the applications delivered to you.
7. You can use one copy of the Software on a single computer. If a greater number of copies and/or
number of computers is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the Software (Permitted Number), You shall have the right to copy the Software in accordance with such specifications; You can make one copy of the Software for back-up or archival purposes; If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you receive the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number.
8. The Software may include associated media, printed materials, and “online” or electronic documentation, all of which and the Software are protected by international copyright laws and international treaties.
9. The Software is licensed, not sold. Woggle reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use The Software only as expressly permitted in this Agreement.
10. Woggle hereby grants you and only you the following non-exclusive, limited, non-assignable, non-transferable, non-sublicensable and royalty-bearing license to use The Software for the limited time period you paid for.
11. You may not modify, decompile, disassemble, decrypt, extract, create derivative works of, or otherwise alter or reverse engineer The Software.
12. You may not reproduce The Software except as otherwise expressly provided herein. No provision of this License Agreement grants You any right to access any source code of any The Software or any part thereof or the source code of any The Software.
13. You may not use The Software (or any portion thereof) for hosting, service provider or like purposes (for example, but not by way of limitation, offering services which utilize The Software).
14. Except to the extent expressly authorized under this License Agreement, you may not create a derivative work of any part of the Software, or incorporate The Software into or with other software.
15. You may not sub-license, rent, sell, resell, loan, lease, share or otherwise transfer, with or without consideration, the Software license. You may not reverse engineer, de/recompile, disassemble, create derivative works, modify, translate, or make any attempt to reconstruct or to discover the source code for The Software or underlying ideas, algorithms, file formats, programming or interoperability interfaces. You may not permit third parties to benefit from the use or functionality of The Software. You may not remove any proprietary notices or labels on The Software. All rights not expressly set forth hereunder are reserved by Woggle.
16. You may not publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software.
17. During the installation process, the Software may uninstall or disable other security products if such products or features are incompatible with The Software. You hereby waive any right for claim concerning any such uninstall or disable of any other software that is or will be installed in your computer.
18. Woggle do not warrant that: (a) all unnecessary files and malware will be located in the scan process; (b) that all the files that were marked by you as required to be removed shall be removed successfully; (c) that all files that were identified by the Software as unnecessary or malware are indeed such to you. After scan is preformed, please make sure to un-check any checkbox that includes files you don’t want to be removed.
19. Certain technical support features may be offered by Woggle for the license term of the Software and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote computer access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such
Technical Support shall be provided in Woggle’s sole discretion without any guarantee or
warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing
20. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND.
21. WOGGLE do not warrants that the media on which Woggle is distributed is free from defects for a period of thirty days from the date of delivery of Woggle to you. Your sole remedy for a breach of this warranty will be that WOGGLE, at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for Woggle. WOGGLE does not warrant that Woggle will be uninterrupted or error free or that the errors will be corrected. WOGGLE does not warrant that Woggle will meet your requirements.
22. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WOGGLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARES, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY HIM. WOGGLE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS by filtering, disabling, or removing such third party’s software, spyware, adware, cookies, emails, DOCUMENTS, advertisements or the like, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Woggle is acting on behalf of its suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
23. Anyone using, testing, or evaluating the Software bears all risk to the quality and performance of Woggle. In no event shall WOGGLE be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Woggle, even if WOGGLE has been advised of the existence or possibility of such damages.
24. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL WOGGLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR WOGGLE. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Woggle.
25. We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
26. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
27. By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving automatic updates and upgrades of the Software.
28. Updates may be free or subject to additional payment that shall be automatically charged by Woggle from your credit card. Unless indicated otherwise in such.
29. Woggle may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). Woggle will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Website at www.viracure.com. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
30. Similarly, for the purpose of contracting and using the program, you may have to give Woggle certain personal data. Woggle informs you that it will treat your personal data in accordance with current applicable legislation and as established in this End User License Agreement.
31. The Software may collect certain information including personal identifiable information from the device on which it is installed, which may include: (a) Information on potential security risks as well as URLs of websites visited that the software and services deems potentially fraudulent; (b) URLs of websites visited as well as search keywords and search results; (c) Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to Woggle while using the Software automatically without asking for specific consent; (d) Status information regarding installation and operation of the Software; (e) Information contained in email messages that you send to us to report as spam or as incorrectly identified as spam; (f) Information contained in a report that You may choose to send through the Software when it encounters a problem. The report includes information regarding the status of the Software and Your computer at the time that the Software encountered the problem. The status information about Your computer may include the system language, and the operating system version for Your computer, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Software encountered the problem; (g) The Internet Protocol (IP) address of Your computer as other general, statistical information used for license administration, product analysis.
32. From time to time, the Software may collect certain information from the computer on which it is installed, which may include: (a) Information on potential security risks as well as URLs of websites visited that the Software deems potentially fraudulent or harmful. The URLs could contain personally identifiable information that a potentially fraudulent or harmful website is attempting to obtain without Your permission; (b) URLs of websites visited as well as search keywords and search results only if the browser toolbar feature is enabled; (c) Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to Woggle using the Software’s automatic submission function. The collected files could contain personally identifiable information that has been obtained by the malware without Your permission; (d) Status information regarding installation and operation of the Software. The status information could contain personally identifiable information; (e) Information contained in email messages that you send through the Software to Woggle to report as spam or as incorrectly identified as spam. These email messages may contain personally identifiable information; (f) Information contained in a report that You may choose to send through the Software to Woggle when the Software encounters a problem. The report includes information regarding the status of both the Software and Your computer at the time that the Software encountered the problem. The status information about Your computer may include the system language, and the operating system version for Your computer, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Software encountered the problem. The information could contain personally identifiable information if such information is included in, or is a part of the name of the files or folders open at the time the Software encountered the problem; (g) The Internet Protocol (IP) address of the computer on which the Software is installed, as well as other general and statistical information.
33. Woggle reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this The Software This means that Woggle may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, Woggle may share certain information with research organizations and other security software vendors.
34. Woggle may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software, You acknowledge and agree that Woggle may collect, transmit, store, disclose and analyze such information for these purposes. You declare that all the data that you provide will be true and accurate and undertakes to inform Woggle of any changes to said data. You have the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
36. You hereby agree to indemnify, defend and hold Woggle and our affiliates, employees, officers, directors, stockholders, information providers, agents, consultants, licensees, licensors and AVIRA GMBH & CO. KG (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by You of this License Agreement.
37. This Agreement will be governed by the laws of Cyprus and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Cyprus. Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
38. In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
39. Woggle and Woggle logos are trademarks of WOGGLE. All other trademarks used in the Software or in associated materials are the property of their respective owners.
40. The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from WOGGLE or any resellers of Woggle as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
41. WOGGLE may revise these License Agreement at any time and the revised terms shall automatically apply to the corresponding versions of the The Software distributed with the revised terms. If any part of these License Agreement is found void and unenforceable, it will not affect the validity of rest of the License Agreement, which shall remain valid and enforceable.
42. You specifically agree to submit any claim you have only within 3 months of the first date you suffered the damage or loss that entitles you the right to submit a claim.
43. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and WOGGLE regarding the original product or the resulting upgraded product.
44. Feel free to contact WOGGLE at: firstname.lastname@example.org
45. Any claim or other legal notice must be sent to our address: Woggle trading ltd at 36 Ayias Elenis Street 4th floor, Office 403 Nicosia, 1061 Cyprus.
46. Notification about font used in this documents: the font used herein is Licensed under the Apache License, Version 2.0 (the “Apache License”); you may not use this file except in compliance with the Apach License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.