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8/21/2017

Terms of Use

IMPORTANT - READ CAREFULLY: This Terms of Use Agreement ("TOU") is a binding legal agreement between you (either an individual or a single entity) and Consumer Software International, its subsidiaries and affiliates, for the AboutMyPC.net website. The website also shall include any updates and supplements to the original website provided to you by Consumer Software International. In the event of a disagreement between any terms and conditions accompanying the website itself and this document, this document shall govern. By continuing with your viewing, downloading, accessing or otherwise using the website, you agree to be bound by the terms of this TOU. English shall be deemed the language that controls the terms of this TOU.

If you do not agree to ALL of the terms of this TOU, do not use the website. THIS WEBSITE IS FOR INFORMATIVE PURPOSES ONLY. ANY CHANGES, PROCEDURES, OR MAINTENANCE YOU PERFORM ON YOUR COMPUTER IS DONE AT YOUR OWN RISK. SUCH ACTIONS MAY CAUSE IRREVERSIBLE CHANGES TO YOUR COMPUTER SYSTEM. THEY SHOULD BE HANDLED WITH CARE, PRECAUTION AND UNDER PROFESSIONAL GUIDANCE. YOU SHALL SOLELY BE RESPONSIBLE FOR ANY CHANGES MADE TO YOUR COMPUTER SYSTEM. PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT.

WEBSITE COPYRIGHT

The website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

All title and copyrights in and to the website (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the website), the accompanying printed materials, and any copies of the website are owned by Consumer Software International or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the website is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This TOU grants you no rights to use such content. If this website contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the website.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the website, except and only to the extent that such activity is expressly permitted by applicable law. You may not use any portion of the website to create derivative products of any kind.
  • Trademarks. This TOU does not grant you any rights in connection with any trademarks or service marks or any intellectual property rights of Consumer Software International.
  • Support Services. Consumer Software International may provide you with support services related to the website ("Support Services"). Use of Support Services is governed by the Consumer Software International policies and programs described in "online" documentation, and/or in other Consumer Software International-provided materials. Any supplemental information or services provided to you as part of the Support Services shall be considered part of the website and subject to the terms and conditions of this TOU. With respect to technical information you provide to Consumer Software International as part of the Support Services, Consumer Software International may use such information for its business purposes, including for product support and development.
  • Termination. Without prejudice to any other rights, Consumer Software International may terminate this TOU immediately, without notice, if you fail to comply with any of the terms and conditions of this TOU. In such event, you must destroy all copies of the website and all of its component parts.

UPDATES. The information on this website may change or be removed at any time. Information on this website is not endorsed or guaranteed by Consumer Software Internation.

U.S. GOVERNMENT RESTRICTED RIGHTS. All website and documentation provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All website provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

EXPORT RESTRICTIONS. You acknowledge that the website licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You agree that you will not export or re-export the website, any part thereof, or any process or service that is the direct product of the website (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

MISCELLANEOUS

This TOU is governed by the laws of the State of New York and any dispute arising out of the terms of this agreement shall be subject to venue in the Courts of New York County, New York. The United Nations Convention on the International Sale of Goods (CISG) shall not apply to the interpretation or enforcement of this Agreement. If you desire to contact Consumer Software International for any reason, please write: Consumer Software International, 802 6th Avenue, Suite 219, New York, New York 10001 within thirty (30) days of purchase.

LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Consumer Software International or its parents, subsidiaries, directors, principles, 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 website or the advertising of the website or the provision of or failure to provide Support Services, even if Consumer Software International has been advised of the possibility of such damages. In any case, Consumer Software International's entire liability under any provision of this TOU 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 website.

NO WARRANTY. Consumer Software International specifically disclaims any warranty for use of this website. By using this website and accepting this TOU you specifically agree that you understand that no representation or warranty is made by Consumer Software International that the website is strictly for informational purposes.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Consumer Software International 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 website, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE 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 AGREEMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONSUMER SOFTWARE INTERNATIONAL AND ITS DIRECTORS, SUBSIDIARIES, PARENTS, PRINCIPLES, AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF 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 SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

ENTIRE AGREEMENT; SEVERABILITY. This TOU is the entire agreement between you and Consumer Software International relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this TOU. This TOU specifically supersedes any TOU or license agreement that may be present within the website or its accompanying documentation. To the extent the terms of any Consumer Software International policies or programs for support services conflict with the terms of this TOU, the terms of this TOU shall control. If any provision of this TOU is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

COLLECTION AND THIRD PARTY COSTS: You agree that you are liable and shall, immediately upon notice from Consumer Software International, indemnify Consumer Software International for any costs, fees, damages or other liabilities (including attorneys' fees) that Consumer Software International incurs in connection with any collection activities or in responding to any third party dispute procedures (including Better Business Bureau (or any arbitration or mediation procedures), in a court of law or at equity) which you initiate that are ultimately adjudged or decided in favor of Consumer Software International.

CONFIDENTIALITY. Except as otherwise permitted under this Agreement, you will not disclose to any third party, or make any use of the Consumer Software International's confidential information, including the website and accompanying documentation. You will use at least the same standard of care to maintain the confidentiality of the Consumer Software International's confidential information that you use to maintain the confidentiality of your own confidential information, but in no event less than reasonable care. The non-disclosure and non-use obligations of this Agreement with respect to each item of Consumer Software International's confidential information shall survive the termination of this Agreement.