Please read this Software End User License Agreement (“Agreement”) carefully before installing or using this software.
ParetoLogic Inc. (“ParetoLogic”) strives to provide exceptional software products that help to resolve computer problems and help to facilitate an error free and more enjoyable Internet and computer experience for the end user. By installing and using this PC Health Advisor software (the “Software”), and any applicable documentation, media, manuals and other technical information including an online help system related to the Software (the “Related Materials”), you hereby agreed to the following terms and conditions.
Subject to the terms and conditions of this Agreement, ParetoLogic grants to you a limited, non-exclusive, non-transferable license to use or evaluate the Software and any Related Materials in accordance with this Agreement and any other written agreement with ParetoLogic. You are being granted a right and license to use the Software and the Related Materials. ParetoLogic does not transfer title of the Software or the Related Materials to you. This Agreement is a legally binding agreement between ParetoLogic and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately stop installing or using the Software and any Related Materials, and remove the Software and any Related Materials from your computer.
Unless otherwise authorized herein or by a written agreement between you and ParetoLogic, the Software, any Related Materials, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. To learn about redistribution of this Software, please contact ParetoLogic at: http://www.paretologic.com.
3. User Agreement
3.1 Evaluation Version use – You may evaluate this Software without purchasing a license (the “Evaluation Version”) for a maximum number of days indicated and permitted by ParetoLogic, or you might have limited access to some of the features and functionality of the Software. A valid license must be purchased in order for the user to have access to all the features and functionality of the Software. For more information about purchasing a license to use the Software, please contact ParetoLogic at: http://www.paretologic.com.
3.2 Activation of Software – Once you have purchased a license, you may be required to activate the Software through the Internet. The Software contains technological measures designed to prevent unlicensed use of the Software. These measures will be used to confirm you have a valid license for the Software. ParetoLogic will not collect any personally identifiable information from your computer location or workstation during this process.
3.3 Distribution – The Evaluation Version of the Software may be freely distributed, provided that:
i. Such distribution includes only the original Software supplied by ParetoLogic. You cannot alter, delete or add any files in the distribution Software or modify the Software in any way.
ii. The limited evaluation nature of this Evaluation Version Software is not misrepresented.
iii. No money is charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging and other overhead, if applicable.
iv. You provide prior email or written notice to ParetoLogic that you are distributing this Evaluation Version and receive written confirmation of ParetoLogic’s authorization for such distribution. If the Software is being distributed with other hardware, media or software, the prior written authorization of ParetoLogic is required. You may be required to report to ParetoLogic the number of units of this Evaluation Version Software distributed from time to time.
3.4 Use – Your license to use this Software is limited to the number of licenses purchased by you and may be limited to a specified number of days. Upon the expiration of your license, you will need to renew and purchase another license in order to continue to use all the features and functionality of the Software. For more information about purchasing additional licenses of this Software or renewing your existing license, please contact ParetoLogic at: http://www.paretologic.com. You shall not allow others to use, copy or evaluate copies of this licensed Software. Others may obtain an Evaluation Version of the Software or purchase a license to use the Software from: http://www.paretologic.com. If you purchased your license to use the Software directly from ParetoLogic, you can view ParetoLogic’s limited refund policy at http://support.paretologic.com. If you purchased your license to use the Software from a third party, you will need to request a refund directly from such party and will be subject to the third party’s refund policy.
3.5 Use Restrictions – You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi-site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of ParetoLogic. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated. You are responsible for that violation.
3.6 Copyright Restriction – You acknowledge and agree that any and all intellectual property rights to or arising from the Software and Related Materials, including any new releases, modifications, updates or enhancements, are and shall remain the exclusive property of ParetoLogic and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of ParetoLogic. You acknowledge and agree that any unauthorized use of any ParetoLogic intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third party content that is not contained in the Software or any Related Materials, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software and Related Materials contain copyrighted material, trade secrets and other proprietary material. You shall not remove or obscure any copyright, trademark, trade-secret, or other proprietary notices or legends from the Software or Related Materials. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software or any Related Materials, nor are you permitted to create any derivative works or other works that are based upon or derived from the Software or any Related Materials in whole or in part. The name and logo of ParetoLogic and the graphics file that represent this Software and any Related Materials shall not be used in any way to promote products developed with our Software. ParetoLogic retains sole and exclusive ownership of all right, title and interest in and to the Software, the Related Materials, and all intellectual property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software and the Related Materials. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for ParetoLogic.
3.7 Limitation of Liability & Indemnification – You will indemnify, hold harmless, and defend ParetoLogic, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software and the Related Materials. IN NO EVENT WILL PARETOLOGIC, ITS EMPLOYEES, AGENTS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE RELATED MATERIALS, OR THE USE OR INABILITY TO USE THE SOFTWARE OR THE RELATED MATERIALS, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ParetoLogic’s entire liability, without exception, is limited to the reimbursement of the purchase price of the Software (maximum being the lesser of the amount actually paid by you and the suggested retail price as listed by ParetoLogic, less any applicable taxes and shipping fees).
The Software is not intended for use in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of Software could lead to personal injury, death or severe physical or environmental damage.
3.8 Warranties/Disclaimer – The Software and the Related Materials are being provided to you on an “AS IS” and “AS AVAILABLE” basis. ParetoLogic does not make any guarantees that the Software will identify any specific hardware or software installed on your computer nor does ParetoLogic make any guarantees that the Software will locate any applications for your specific hardware for use on certain operating systems. ParetoLogic also does not make any guarantees that any or all software applications located for your specific hardware and operating system will function error free, achieve certain results, or operate without interruption. ParetoLogic does not guarantee the integrity of third party software applications or that third party software applications obtained directly from third party servers or through ParetoLogic servers will be free of viruses or malicious code. All software applications located and available through the software are the property of their respective owners. EXCEPT AS STATED HEREIN OR AS EXPRESSLY STATED IN WRITING BY AN AUTHORIZED EMPLOYEE OF PARETOLOGIC, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARETOLOGIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PARETOLOGIC DOES NOT REPRESENT OR WARRANT THAT (I) THE SOFTWARE OR THE RELATED MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR THE RELATED MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR THE RELATED MATERIALS WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER RELATERD MATERIALS PROVIDED OR OFFERED THROUGH OR WITH THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE OR THE RELATED MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARETOLOGIC, THROUGH THE SOFTWARE OR THE RELATED MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
3.9 Governing Law – This Agreement, and all claims related to it or the performance by both parties under it, shall be interpreted and governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom with respect to any and all legal action and proceedings and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
3.10 Termination – This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either ParetoLogic or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement and the licenses granted herein. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and any Related Materials and destroy all copies of the Software and Related Materials. The financial obligations incurred by you or any indemnification obligations shall survive the expiration or termination of your license and this Agreement.
3.11 No Waiver – No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by ParetoLogic. The failure of ParetoLogic to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of ParetoLogic to enforce each and every such provision thereafter.
4. Consent to Use of Data
You agree that by installing and using the Software and any Related Materials, ParetoLogic may collect and use any information that is transmitted through the Software, in any manner, as part of the product support services provided to you, if any, related to the Software and any hardware installed on your computer. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer. The Software will not collect any personally identifiable information from your computer location or workstation during this process
5. Software Verification and Updates
By installing and using the Software, you further acknowledge and agree that ParetoLogic may automatically check the version and licensing state of the Software that you have installed in order to determine if any Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. This process is performed through the Software which contains components that facilitate the use of certain Internet based services. If updates, upgrades or fixes are available for the Software, the Software may automatically download and install the applicable Software updates or upgrades without further notice to you in order for you to achieve the maximum benefits while using the Software. If there are any modifications to the terms and conditions of this Agreement at the time of the update, you will be notified during the update process and will be required to review and accept the terms and conditions of the modified Agreement prior to the installation of any Software updates or upgrades.
6. Third Party Content and Software
The Software includes third party antivirus and anti-malware components, technologies, and services (“Third Party Software Technologies”) which have been licensed by ParetoLogic. When installing the Software, you hereby acknowledge and agree that the Third Party Software Technologies may be installed in a different folder and directory within your computer system that is separate and outside of the Software folder and directory. If updates, upgrades or fixes are available for the Third Party Software Technologies, such updates, upgrades or fixes may be automatically download and installed without further notice to you. You further acknowledge and agree that your prior express consent is not required to apply any updates, upgrades, or fixes to any Third Party Software Technologies.
7. Advertising and Links
8. Intellectual Property Rights
All third party software products and company names used in the Software are copyright and the property of the respective owners. Furthermore, when using a third party’s software products as identified and recommended through this Software, you will be bound to that company’s own legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. ParetoLogic is in no way affiliated with or representing any of the companies identified and displayed in this Software. You acknowledge that BitDefender has a substantial interest in the Software and therefore is a third party beneficiary to this Agreement. You agree that your use of the Software may be audited by Digital Care or BitDefender (or/and an independent auditor working on such party’s behalf) during normal business hours and upon reasonable advance written notice for the purpose of verifying your compliance with this Agreement. Such audit right shall not occur more than once every twelve (12) month period.
PC Health Advisor is a registered trademark of ParetoLogic Inc.