Eula End User License Agreement
NOTICE: Last Updated April 29, 2014
The SlimWare Utilities software, including the programs owned by SlimWare Utilities Holdings, Inc. ("SlimWare Utilities"), the documentation and any fonts accompanying this License; whether on disk, in read-only memory, on other media or in any other form (collectively "Software"); are licensed to you by SlimWare Utilities. The Software and any extra copies that this License authorizes you to make are respectively subject to this License. By installing or otherwise using the Software, you: (a) agree to be bounded by the terms of this License, (b) you are the owner or an authorized user of the computer in which the Software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions herein.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
The effectiveness of the Software's ability to improve the performance, stability, or operations of a PC depends on numerous factors, including the root cause of problems affecting the computer's condition. The Software's scan cannot detect all errors that may impair a computer's functionality, and thus running a repair with the Software will not always result in the elimination of harmful software and/or hardware problems.
PERMITTED USES AND RESTRICTIONS
This License permits you to install and implement the Software on your private computer. Any saved or archived version of the Software must include all copyright information and related License documentation contained on the original. You may NOT de-compile, disassemble, reverse engineer, modify, lease, rent, distribute, make commercial use of, or create derivative works based on the Software, either in whole or in part. Your rights, under this License will terminate automatically and without notice if you fail to comply with any term(s) of this License.
PERSONAL USE ONLY RESTRICTIONS
The Software is available for non-commercial and personal use only. You may NOT modify, copy, display, transmit, perform, license, distribute, publish, reproduce, create derivative works from, transfer, or sell any information, software, products or services obtained from or by means of the Software without express written consent. Implementing the Software for any purpose(s) other than personal use is expressly forbidden.
You must be 13 years of age or older to install or to use the Software. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this License with you, discuss any questions you might have, and install the Software for you.
ACKNOWLEDGEMENT OF CLOUD-BASED DATA COLLECTION
ACKNOWLEDGEMENT OF UPDATES
By agreeing to this License, you acknowledge that the Software includes technology that allows SlimWare Utilities to provide updates to the software. By installing, downloading, copying, updating or otherwise implementing the Software, you specifically agree to include and/or accept the heretofore mentioned software and technology through which SlimWare Utilities keeps the Software and other SlimWare Utilities programs current. This is a condition of using the Software.
Registration. It is not required to register; however, the Software or additional services may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities, associate website or specific service.
Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify SlimWare Utilities immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If SlimWare Utilities has reasonable grounds to suspect that the security of your Password and/or ID has been compromised, SlimWare Utilities may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. SlimWare Utilities shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
COMPLIANCE WITH LAWS
As a condition precedent to your implementation of the Software, you agree to comply with all laws and regulations that apply to your use of Software. These laws include, but are not limited to, US and international copyright laws and all intellectual property laws, as well federal, state and local statutes.
DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLIMWARE UTILITIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE GENERAL OPERATION OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SLIMWARE UTILITIES EXPRESSLY DISCLAIM ANY WARRANTY THAT OUR SECURITY IS REASONABLE OR COMPLIES WITH INDUSTRY STANDARDS. SLIMWARE UTILITIES EXPRESSLY DISCALIMS, TO THE EXTENT PERMITTED BY LAW, ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES; INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, SECURITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SOFTWARE. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SOFTWARE OR THOSE RECEIVED THROUGH THE SLIMWARE UTILITIES WEB SITE OR THROUGH ANY USE OF THE SOFTWARE OR ANY OTHER SLIMWARE UTILITIES PROGRAMS(S). SLIMWARE UTILITIES DOES NOT WARRANT THAT THE SOFTWARE, THE SLIMWARE UTILITIES SERVERS, OR E-MAIL SENT FROM SLIMWARE UTILITIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DISALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SLIMWARE UTILITIES BE LIABLE FOR:
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO, DAMAGES FOR NEGLIGENCE, DEFAMATION, COPYRIGHT INFRINGEMENT OR ANY OTHER CLAIMS ARISING FROM OR IN CONNECTION WITH THE USE OF THE SOFTWARE.
THE DELAY OR INABILITY TO IMPLEMENT THE SOFTWARE.
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES FOR ANY INFORMATION, PRODUCTS, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SOFTWARE OR OTHERWISE ARISING FROM THE USE OF THE SOFTWARE; WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLIMARE UTILITIES, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SOFTWARE, YOUR VIOLATION OF THE LICENSE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
BINDING ARBITRATION AND CLASS ACTION WAIVER
This Binding Arbitration and Class Action Waiver (this "Waiver") applies to any dispute arising between you and Slimware regarding these terms. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.
In the event of a Dispute, you must provide Slimware with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Slimware at 555 West 18th Street, New York, NY 10011, Attention: Legal.
If you or Slimware do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act ("FAA"). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. You agree to commence arbitration only in New York, NY.
To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.
The Software, including all code, content, protocols, software, and documentation provided to you by Slimware Utilities are Slimware Utilities' property or the property of Slimware Utilities' licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice Slimware Utilities have placed on the Software. All rights not expressly granted hereunder are expressly reserved to Slimware Utilities and its licensors.
The Slimware Utilities name, logos and affiliated properties, are the exclusive property of Slimware Utilities. All other trademarks appearing on any Software are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Software. The trade names, trademarks and service marks owned by Slimware Utilities, whether registered or unregistered, may not be used in connection with any product or service that is not Slimware Utilities', in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Copyright Protection of content you display using Slimware Utilities services. You are solely responsible for any Content you contribute, submit or display on or thorough your use of the Software. It is your obligation to ensure that such content, including photos, codes, text, video and music files (collectively "Content"), is not violating any copyright. You must either own or have a license to use any copyrighted Content that you contribute, submit or display.
Slimware Utilities and expects its users to respect the rights of copyright holders. On notice, Slimware Utilities will act appropriately to remove content that infringes the copyright rights of others. Slimware Utilities reserves the right to disable the access to Software or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe the Software, or elements, infringe your copyright rights, Please contact Slimware Utilities at:
Slimware Utilities Holdings, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Copyright Agent/Legal Dept.
Please ensure your communication includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Objectionable Content. Slimware Utilities may also act to remove Objectionable Content. The decision to remove "objectionable content" shall be made a Slimware Utilities exercise of its sole discretion. "Objectionable Content" includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
- Content that may harm minors in any way;
- Content that has the goal or effect of "stalking" or otherwise harassing another
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
- Content that is vulgar, offensive, obscene or pornographic,
- Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Slimware Utilities website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Software or services. If, at Slimware Utilities' request, you send Content (such as contest submissions, polling questions) or you send Slimware Utilities creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Slimware Utilities. None of the Submissions shall be subject to any obligation of confidence on the part of Slimware Utilities, and Slimware Utilities shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Slimware Utilities shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Repeat Infringer Policy. Slimware Utilities will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.
We reserve the right to change this EULA Policy periodically. Any and all changes will be posted at www.slimimage.com/eula.php. Please check this page from time to time for the most up-to-date information.
If you have any questions or concerns regarding this agreement, please feel free to contact us at firstname.lastname@example.org.
The Software includes certain third party open source software components. Each such component is identified and is subject to the open source license agreement indicated in the "Open-Source Licenses.txt" file included with the distribution of the Software.
GOVERNING LAW AND OTHE MISCELLANEOUS TERMS
The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this License, and the use (or inability to use) the Software. Subject to and without limiting the obligation of the parties to submit to binding arbitration as provided for in Section 12, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this License.
No failure or delay by Slimware Utilities in exercising any right, power or privilege under this License will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this License. If any provision of this License shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this License, feel free to contact us at: email@example.com.