SweetPCFix License Terms

 

 

These license terms are an agreement between SweetIM Technologies Ltd. (together with its affiliates, successors and assigns "SweetIM") and you.  Please read them.  These terms apply to the SweetPCFix software ("SweetPCFix"), including the media on which you received it, if any.  These terms also apply to any updates, supplements, and support services for SweetPCFix, unless other terms accompany those items. If so, those terms apply.

 

By selecting "I accept the agreement", you accept these terms.  If you do not accept them, do not select "I accept the agreement".

 

Please note: (1) You MUST be 13 years or older to install or to use SweetPCFix. If you are not yet 13, do not use SweetPCFix; (2) SweetPCFix is not intended for use by or be available to persons under the age limit of any jurisdiction which restricts the use of Internet-based applications and services according to age. IF YOU RESIDE IN SUCH A JURISDICTION AND ARE UNDER THAT JURISDICTION'S AGE LIMIT FOR USING INTERNET-BASED APPLICATIONS OR SERVICES, YOU MAY NOT DOWNLOAD, INSTALL OR USE SWEETPCFIX.

 

1.  Use Rights.  SweetPCFix 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 SweetPCFix. You may not share a license you acquire nor may you install SweetPCFix on more computers for which you have purchased licenses.

 

(a)  Full Retail Version.  If you acquire a license for the full retail version of SweetPCFix, it will contain full functionality and you will be provided support services in the English language and upgrades for the period which you purchased SweetPCFix (the "Term").  After the expiration of the Term, you will continue to enjoy the right to use SweetPCFix, but you will no longer enjoy the right to support services or upgrades for SweetPCFix, unless you acquire another full retail license.

 

(b)  Evaluation or Trial Version.  If SweetPCFix 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 SweetIM upon your acquisition of a full retail version of SweetPCFix.  If SweetPCFix is an evaluation or trial version, you agree that SweetIM 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.

 

(c) SweetPCFix may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to SweetIM to enforce any of your rights. All modifications or enhancements to SweetPCFix remain the sole property of SweetIM. You understand that SweetIM, in its sole discretion, may modify or discontinue or suspend your right to access any of its services or use of SweetPCFix at any time, and may at any time suspend or terminate any license hereunder. SweetIM reserves the right to add additional features or functions to SweetPCFix. When installed on your computer, SweetPCFix periodically communicates with SweetIM or its licensors' servers. We may require the updating of SweetPCFix on your computer when releasing a new version, or when making new features available. This update may transpire automatically or through other means. You understand that we may need your review and acceptance of our then-current END USER LICENSE AGREEMENT/TERMS OF SERVICE/PRIVACY POLICY before you will be allowed a limited license for any later versions of SweetPCFix. You acknowledge and agree that SweetIM has no obligation to make available to you any subsequent versions of its software applications.

 

2.  Privacy.  You should refer to SweetIM's privacy policy, available at www.SweetIM.com, prior to agreeing to these terms for a more detailed explanation of how your information may be stored and used by SweetIM and third-party service providers.

 

3.  No Performance Warranty. SweetIM specifically disclaims any representation or warranty for the amount of performance increase or utility provided by SweetPCFix. SweetPCFix will not necessarily increase performance or provide a utility benefit on your computer, and SweetIM makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for SweetPCFix 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 SweetPCFix.

 

4.  Your Feedback.  If you give feedback about SweetPCFix to SweetIM, you give to SweetIM, without charge, the right to use that feedback for any purpose.  You will not give feedback that is subject to a license that requires SweetIM 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.  SweetPCFix is licensed, not sold. SweetPCFix is protected by copyright, patent and other intellectual property laws and treaties.  This agreement only gives you some rights to use SweetPCFix.  SweetIM reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use SweetPCFix only as expressly permitted in this agreement.  In doing so, you must comply with technical limitations in SweetPCFix that only allow you to use it in certain ways. You may not:

-           work around the technical limitations in SweetPCFix;

-           reverse engineer, decompile or disassemble SweetPCFix, except and only to the extent that applicable mandatory law expressly permits, despite this limitation;

-           attempt to hack SweetPCFix or to defeat or overcome any encryption and/or other technical protection methods implemented by SweetIM with respect to SweetPCFix and/or data transmitted, processed or stored by SweetIM or other users of SweetPCFix;

-           take any steps to interfere with or in any manner compromise any of SweetIM's security measures, any other individual's or entity's computer using SweetPCFix;

-           use SweetPCFix in any way that would violate any applicable law, regulation or ordinance;

-           use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble SweetPCFix. Furthermore, you may not use SweetPCFix to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of SweetPCFix, (D) performs any unsolicited commercial activity not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias);

-           install on more computers or make more copies of SweetPCFix than specified in this agreement or allowed by applicable law, despite this limitation;

-           separation of Components. SweetPCFix is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER;

-           publish SweetPCFix for others to copy;

-           distribute SweetPCFix to any third party;

-           rent, lease or lend SweetPCFix;

-           transfer SweetPCFix 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.  SWEETIM specifically disclaims any express or implied warranty of fitness for such purposes.

 

6. Proprietary Rights. SweetPCFix contain proprietary and confidential information of SweetIM and its licensors, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of SweetPCFix, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of SweetIM and its suppliers and licensors, and except for the limited license granted to you, SweetIM reserves all right, title and interest in and to SweetPCFix. You shall not take any action to jeopardize, limit or interfere with SweetIM's ownership of and rights with respect to SweetPCFix. You acknowledge that any unauthorized copying or unauthorized use of SweetPCFix is a violation of this agreement and copyright laws and is strictly prohibited.

 

7.  Support Services. SweetIM may provide you with support services related to SweetPCFix.  Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of SweetPCFix and subject to this agreement.  SweetIM is responsible for order fulfillment only and will provide customer support during its normal business hours.  SweetIM has contracted or may in the future contract with third parties to provide technical support for SweetPCFix. 

 

8. Your Representations and Warranties. (a) You represent and warrant that (i) you possess the legal right and ability to enter into this agreement and to comply with its terms, (ii) you will use SweetPCFix for lawful purposes only and in accordance with this agreement and all applicable laws, regulations and policies, (iii) you will always provide and maintain true, accurate, current and complete information as requested by SweetIM, and (iv) you will only use SweetPCFix on a computer on which such use is authorized by the computer's owner.

 

(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of SweetPCFix, except to remove SweetPCFix from a computer of which you are an owner or authorized user in a manner permitted by this agreement. You may not violate or attempt to violate the security of SweetPCFix. SweetIM reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

 

(c) If SweetIM has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, SweetIM may terminate this license, deny any or all use of SweetPCFix, and pursue any appropriate legal remedies.

 

 

 

9.  U.S. Government Restricted Rights.  SweetPCFix 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 SweetPCFix by the U.S. Government shall be solely in accordance with the terms of this agreement.          

 

10.  Export Restrictions.  You may not export or re-export SweetPCFix in violation of export laws. Without derogating the aforesaid, SweetPCFix 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 SweetPCFix.  These laws include restrictions on destinations, end users and end use.  You agree not to export SweetPCFix 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.

 

11. Backup Responsibility. You acknowledge that SweetPCFix is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that SweetIM cannot accurately predict or ensure the outcome in all possible scenarios.

 

12.  DISCLAIMER OF WARRANTIES. (a)     SWEETPCFIX 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 SWEETPCFIX.  SWEETIM GIVES 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, SWEETIM EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SWEETPCFIX 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 SWEETIM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

 

(b)       YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF SWEETPCFIX REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

(c)       SWEETPCFIX MAY BE UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO SWEETIM. YOU AGREE THAT SWEETIM WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 12 (a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.

 

(d)       As some jurisdictions do not allow some of the exclusions set forth in this Section 12, some of these exclusions may not apply to you.

 

13.  Limitation on and Exclusion of Damages.  SweetIM's liability under this agreement is limited. You can recover from SweetIM and its third-party suppliers and licensors only direct damages up to the amount that you paid for SweetPCFix.  You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.  This limitation applies to anything related to SweetPCFix, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.  It also applies even if SweetIM knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

 

14.  Applicable Law.  Israeli law exclusively governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the courts located in Tel Aviv, Israel.

 

15. Indemnity. You agree to indemnify, hold harmless and defend SweetIM and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by SweetIM arising out of or relating to your (a) violation or breach of any term of this agreement or any policy or guidelines referenced herein, or (b) use or misuse of SweetPCFix.

 

 

16. Termination; Amendment. (a)   Without any right of refund, you may terminate this agreement at any time provided you cease all use of SweetPCFix AND destroy or remove from all hard drives, networks, and other storage media all copies of SweetPCFix in your possession. After the expiration of the Term, SweetIM may terminate this agreement at any time, with or without cause, by providing notice to you and/or preventing your access to SweetPCFix.

 

(b)       Upon termination of this agreement for any reason (i) all licenses and rights to use SweetPCFix shall terminate and you must remove SweetPCFix from your computer equipment and dispose of all originals and copies SweetPCFix in your possession, and (ii) Sections 1, 4, 5, 6, 8, 12, 13, 15 and 16(b) shall survive such termination.

 

(c)       SweetIM will occasionally update this agreement and Privacy Policy. When such changes take place, we will also revise the "Effective Date" of the Privacy Policy. For material changes to this agreement or Privacy Policy, you will be notified by SweetIM as it will place prominent notice on its Web site. SweetIM encourages you to periodically review this agreement and Privacy Policy.

 

17. Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled "I accept the agreement" or such similar links as may be designated by SweetIM to accept the terms and conditions of this agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH SWEETPCFIX. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

 

18.  Entire Agreement; Severability; General Provisions. This agreement and any amendments to it, and the terms for supplements, updates, and support services are the entire agreement for SweetPCFix and the support services.  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.

 

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL SWEETPCFIX, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SWEETIM THE RIGHTS SET FORTH HEREIN.