Registry
Care End User License Agreement
By choosing or clicking "I Agree" in the installation
application of Registry Care or by choosing or clicking the "I
Agree", "I Accept", "Yes" or any other
button or link which initiates the installation of the Registry
Care 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 Care, 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 Care product and scanning of your computer is free
of charge. However, if and when the Registry Care product detects
"Errors" as defined below, on your computer and you wish
to use Registry Care to remove the unwanted software, application,
or code, you must then purchase a copy of Registry Care, 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 Care , 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 Registry Care'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 Care 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 Repair Registry application.
1.0.3 The Registry Care 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 Index
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.
1.0.5 Where the Registry Care 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 Care's detection process, you
are free to override the removal from your computer of any "Errors"
that are detected.
1.0.6 "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.
1.0.7 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.
1.0.8 The term "download" refers to the process of obtaining
software from the Licensor's servers via the Internet and storing
it on your computer.
1.0.9 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 an 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 Care , 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 Care
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 Care has no control over your computer
or how the software will perform on your particular machine. Therefore,
use of the Registry Care 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 sever 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 Care
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 the Province of Ontario, Canada will govern this
agreement and the software license and the usage of the software.
You agree that the laws of the province of Ontario 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 county of York, Ontario. 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 Care 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 Care ; 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.
Registry
Care - Privacy Policy
This Privacy
Policy discloses the information gathering and dissemination practices
of Registry Care
Registry
Care may collect and/or track (1) the home server domain names,
email addresses, type of client computer, files downloaded, search
engine used, operating system, and type of web browser of visitors
to Registry Care's web service, (2) the email addresses of visitors
that communicate with Registry Care via email, (3) information
knowingly provided by the visitor in online forms, registration
forms, surveys, email, contest entries, and other online avenues
(including demographic and personal profile data), and (4) aggregate
and user-specific information on which pages visitors access.
Use
of Personal Data Collected
Personal data collected by Registry Care remains confidential
and will not be disclosed or sold to third parties.
Security
Measures
Registry Care has implemented numerous security features to prevent
the unauthorized release of or access to personal information.
For example, all Registry Care employees are required to certify
their understanding that personal information is considered confidential,
that it is important to safeguard personal information, and that
Registry Care will take appropriate action against any employee
who fails to acknowledge these facts or adhere to the requisite
standards of conduct. Please be advised, however, that the confidentiality
of any communication or material transmitted to/from Registry
Care via this service or email cannot be guaranteed. Accordingly,
Registry Care is not responsible for the security of information
transmitted via the Internet.
Registry
Care's Right to Contact Users
Registry Care reserves the right to contact service visitors regarding
sales and other informational requests made through its web service.
Registry
Care's Right to Change Privacy Policy
Registry Care reserves the right to change this Privacy Policy
at any time without notice. Any change to this Privacy Policy
shall be effective as to any visitor that has accepted the Registry
Care Service Terms and Conditions before the change was made.
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