Dr.
CleanUp End
User License Agreement
These license terms are an agreement between Perion Network Ltd
(hereinafter "Company") and you. Please read them.
These terms apply to Dr. CleanUp (hereinafter the
"Software"), including the media on which you
received it, if any. These terms also apply to any updates,
supplements, and support services for the Software, should they be
provided, unless other terms accompany those items. If so, those
terms apply.
By selecting "I accept the agreement" or using the Software, you
accept these terms. If you do not accept them, do not select "I
accept the agreement" and/or do not use the Software.
1. Rights of Use.
Subject to the terms and conditions set forth herein (including
without limitation payment of the applicable fees), the Software is
licensed on a per computer basis. If you comply with this
agreement, for each license you acquire, you may install and use
one copy of the Software. You may not share a license you acquire
nor may you install the Software on more computers for which you
have purchased licenses.
(a) Full Retail Version. If you acquire a license for
the full retail version of the Software, it will contain full
functionality as set forth in this agreement, in the English
language for the period which you purchased the Software, unless
terminated otherwise in accordance with this Agreement (the
"Term").
(b) Evaluation Or Trial Version. If the Software is an
evaluation or trial version, it may contain limited functionality
and/or cease operating after the designated trial period. This
license will terminate after such period unless extended by Company
upon your acquisition of a full retail version of the Software. If
the Software is an evaluation or trial version, you agree that
Company may periodically offer you, through in-product or
stand-alone reminders or email (if you provide it to us), the
opportunity to upgrade to the full retail version.
2. Privacy.
You should refer to Company's privacy policy, available at www.perion.com/privacy-policy,
prior to agreeing to these terms for a more detailed explanation of
how your information may be stored and used by Company and
third-party service providers.
3. No Performance Warranty.
Company specifically disclaims any representation or warranty
for the amount of performance increase or utility provided by the
Software. The Software will not necessarily increase performance or
provide any utility benefit on your computer, and Company makes no
claim of specific deficiency, defect, or underperformance with
respect to your computer. Any claims of performance increases or
utility made for the Software are those of possible or potential
improvement or utility, and no representation or warranty is
offered that a specific utility or amount of performance increase,
if any, will be realized on any particular computer. Each computer
is different and the scenarios under which they are used are
different, and no claim is made that any one computer or usage
scenario shall result in any performance increase or utility
benefit from the Software.
4. Your Feedback.
If you give feedback about the Software to Company , you give to
Company , without charge, the right to use that feedback for any
purpose. You will not give feedback that is subject to a license
that requires Company to license its Software or documentation to
third parties because we include your feedback in them. These
rights survive this agreement.
5. Scope of License.
The Software is licensed, not sold. The Software is protected by
copyright, patent and other intellectual property laws and
treaties. All intellectual property rights (including, without
limitation, patents, copyrights, trade secrets, and trademarks)
evidenced by or embodied in and/or attached/connected/related to
the Software, accompanying documentation , and any modifications,
enhancements and derivatives thereof, are and shall be owned
exclusively by Company and/or its licensors This agreement only
gives you some rights to use the Software. Company and/or its
licensors reserve 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. In doing so, you must
comply with technical limitations in the Software that only allow
you to use it in certain ways. You may not:
- work around the technical limitations in the Software ;
- reverse engineer, decompile, disassemble, modify, revise or
enhance all or any part of the Software or create any derivative
works or otherwise merge or utilize all or any part of the Software
with or into other computer programs or other materials or attempt
to discover all or any part of the Software source code, except and
only to the extent that applicable law expressly permits, despite
this limitation;
- install on more computers or make more copies of the Software
than specified in this agreement or allowed by applicable law,
despite this limitation;
- The Software is licensed as a single product and its component
parts may not be separated for use on more than one computer;
- publish the Software or others to copy, print or display;
- sell, distribute, pledge, license or sublicense the Software
to any third party;
- rent, lease or lend the Software share any of your rights
under this agreement with any third party; or
- transfer the Software or this agreement to any third
party.
- USE FOR MISSION CRITICAL USE. You warrant that you understand
and agree that the Software is not designed, intended or licensed
for use in hazardous environments requiring fail-safe controls,
including without limitation, the design, construction, maintenance
or operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, life support or weapons
systems, or any environment where a Software or computer defect or
failure could result is injury to persons or physical damage.
Company and its licensors specifically disclaim any express or
implied warranty of fitness for such purposes.
6. Installation.
6.1. During the installation process of the Software, two icons
may be placed on your desktop: one icon will be placed for
launching the Software and the other one, may be placed, for
linking into an additional site of Company. These desktop icons can
be easily removed from the desktop at any time by selecting them
and pressing the 'Delete' button on your keyboard.
6.2. You may uninstall the Software anytime by using the "Add or
Remove Programs" dialog under the Control Panel, or from the Start
Menu on your desktop under "Programs", or by following the
instructions in the following link:
http://help.incredimail.com/incredimail/help_center/help_article.aspx?article_id=325&lang_id=9&referrer_id=1
7. U.S. Government Restricted
Rights.
The Software and its accompanying documentation are deemed to be
commercial computer software as defined in FAR 12.212 and subject
to restricted rights as defined in FAR Section 52.227-19
"Commercial Computer Software - Restricted Rights" and DFARS
227.7202, "Rights in Commercial Computer Software or Commercial
Computer Software Documentation", as applicable, and any successor
regulations. Any use, modification, reproduction release,
performance, display or disclosure of the Software by the U.S.
Government shall be solely in accordance with the terms of this
agreement.
8. Export Restrictions.
The Software is subject to applicable U.S. export laws and
regulations. You must comply with all domestic and international
export laws and regulations that apply to the Software. These laws
include restrictions on destinations, end users and end use. You
agree not to export the Software 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.
9. DISCLAIMER OF WARRANTIES.
IN ADDITION TO THE DISCLAIMERS PROVIDED IN THE COMPANY TERMS OF
USE AVAILALBLE AT www.perion.com, THE SOFTWARE IS
LICENSED "AS-IS" AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY.
ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS
POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY.
YOU BEAR THE RISK OF USING THE SOFTWARE. COMPANY AND ITS LICENSORS
GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS
AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
LAWS, COMPANY AND ITS LICENSORS EXCLUDE WITHOUT LIMITATION,
ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE
EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO
PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED
ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES. ALSO, HERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO
THE SOFTWARE. COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICE WILL MEET ANY
REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL
OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY
DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE
IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER
USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR
PERSONAL INJURY, AND COMPANY AND ITS LICENSORS SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
PURPOSES.
THE LIMITED WARRANTY THAT APPEARS IN SECTION 12 BELOW IS THE
ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY
OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR
PACKAGING, OR LICENSE AGREMENTS THAT MAY ACCOMPANY THE PRODUCT
ITSELF.
10. Legal Effect.
This agreement describes certain legal rights between you and
Company. You may have other rights under the laws of your state or
country. This agreement does not change your rights under the laws
of your state or country if the laws of your state or country do
not permit it to do so.
11. Governing Law and
Jurisdiction.
This Agreement shall be construed and governed in accordance
with the laws of the State of Israel (without regard to conflict of
law provisions), and the courts of Tel Aviv, Israel shall have
exclusive jurisdiction and venue to adjudicate any conflict or
dispute arising out of this Agreement. The application of the
United Nations Convention of Contracts for the International Sale
of Goods is expressly excluded. The failure of either party to
enforce any rights granted hereunder or to take action against the
other party in the event of any breach hereunder shall not be
deemed a waiver by that party as to subsequent enforcement of
rights or subsequent actions in the event of future breaches.
12. LIMITED WARRANTY.
LIMITATION OF IMPLIED WARRANTY OR CONDITION . If an
implied warranty or condition is created by your state/jurisdiction
and federal or state/provincial law prohibits disclaimer of it, you
also have an implied warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS
from purchase). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30)
DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE
PROCESS. By accepting this agreement and continuing with your
purchase you agree that the limitations of warranty and liability
provided in this agreement shall be held to cover the entire
purchase, download and checkout process from first sponsored
advertising impression through the acceptance of this agreement and
use of the product. The purchase process shall be defined to
include, without limitation, any commercial efforts by Company or
its agents to market and promote this product to you as well as the
checkout process intended to secure the sale, including the
encryption and transmission of your data electronically to Company
or its agents' credit card transaction systems. If you do not agree
with the application of these limitations to the entire promotion
and purchase process, do not continue the checkout process, or use
the product.
EVALUATION VERSION . For evaluation or limited
functionality versions of the Software ("TRIALS"), which shall be
considered to be any copy of the Software where no purchase price
is paid prior to obtaining the Software, you agree that your sole
recourse to Company and to the party from which you obtained the
free version for any defect or failure in the Software is to remove
the Software from your computer at your own expense.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS
AGENTS, OFFICERS OR 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 SOFTWARE PRODUCT OR THE ADVERTISING OF THE SOFTWARE PRODUCT
OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA OR ANY
RESPONSIBILITY OR LIABILITY CREATED BY THE LAWS OF YOUR
STATE/JURISDICTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY
YOU FOR THE SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
NOT FOR MISSION CRITICAL USE. You warrant that you
understand and agree that the Software is not designed, intended or
licensed for use in hazardous environments requiring fail-safe
controls, including without limitation, the design, construction,
maintenance or operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, life support or
weapons systems, or any environment where a software or computer
defect or failure could result is injury to persons or physical
damage. Company specifically disclaims any express or implied
warranty of fitness for such purposes.
BACKUP RESPONSIBILITY . The Software is a system
utility, and as such can make irreversible changes to the state of
computer on which it is run and Company cannot accurately predict
or ensure the outcome in all possible scenarios, and therefore
purchaser agrees to make and test a complete system backup and
backup of all personal information before operating the Software.
You agree that you accept all responsibility for reversing or
correcting any changes made by the Software.
NO PERFORMANCE WARRANTY . Company specifically
disclaims any warranty for the amount of performance increase or
utility provided by the Software. By purchasing a license to this
Software and accepting this agreement you specifically agree that
you understand that no representation or warranty is made by
Company that the Software will necessarily increase performance or
provide a utility benefit on your computer, and that no claim of
specific deficiency, defect, or underperformance has been made with
respect to your computer. Any claims of performance increases or
utility made for the Software are those of possible or potential
improvement or utility, and no warranty is offered that a specific
utility or amount of performance increase, if any, will be realized
on any particular computer. Each computer is different and the
scenarios under which they are used are different, and no claim is
made that any one computer or usage scenario shall see a
performance increase or utility benefit from the Software.
13. Entire Agreement;
Severability.
This agreement and any amendments to it, and the terms of any
supplements are the entire agreement for the Software. . This
agreement will be enforced to the fullest extent permitted by
applicable law. If for any reason any provision of this agreement
is held to be invalid or unenforceable to any extent, then (a) such
provision will be interpreted, construed or reformed to the extent
reasonably required to render the same valid, enforceable and
consistent with the original intent underlying such provision; (b)
such provision will remain in effect to the extent that it is not
invalid or unenforceable; and (c) such invalidity or
unenforceability will not affect any other provision of this
agreement.
14. Termination.
The Company may, at its sole discretion, terminate this
Agreement and your use of the Software, permanently or temporarily,
at any time and without cause. You may at any time cancel your use
of the Software. Upon cancellation or termination, you will
immediately cease all use of any software and any documentation
provided to you by the Service. Except as otherwise expressly
provided herein all sections of these Terms and Conditions which by
their nature should survive termination will survive termination,
including, without limitation, indemnities, warranty disclaimers,
and limitations of liability.
Version 1.4 Published: January 12th 2012