This End-User License Agreement ("License Agreement") is a legally binding contract between you (either (a) an individual user or (b) a business organization) ("you") and Solvusoft Corporation ("Licensor" "we" or "us") for the use of WinThruster software- a PC utility for cleaning and optimizing your PC, including by scanning and removing unnecessary or unused files, folders, registry entries, programs, and any associated features and media, printed materials and electronic documentation (the "Software").
If you have downloaded the Software for purposes of evaluation, regardless of how labeled, the use of the Software is limited to a specified period of time (”Evaluation Period”) and all use will be governed by the terms set forth below.
A.1. Grant of Evaluation License. During the Evaluation Period, Licensor hereby grants and you hereby accept a limited, personal non-commercial, fully revocable, non-exclusive, non-transferable, non-assignable, non-sub-licensable right and license to use the Software solely to evaluate its suitability for your internal requirements. Without limiting the foregoing, you may not use the Software during the Evaluation Period to create publicly distributed computer software or for any other commercial purpose. Furthermore, you may not sublicense, assign, or transfer, copy, sell, resell, reverse engineer, decompile or make any other use in the Software or any part thereof, which is not explicitly provided herein. Licensor reserves all right, title and interest not expressly granted herein under this Evaluation License to the fullest extent possible under all applicable laws. This Evaluation License may be terminated by Licensor at any time upon notice to you and will automatically terminate, without notice, upon the first to occur of the following: (a) the completion of your evaluation of the Software or (b) the expiration of the Evaluation Period.
A.2. Limited Use Software. Portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections.
A.3. Disclaimer of Warranty. UNDER THE EVALUATION LICENSE, THE SOFTWARE IS PROVIDED ONLY FOR EVALUATION PURPOSES, AND ON AN "AS IS" AND “AS AVAILABLE” BASIS. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
A.4. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGE OR DAMAGES, INCLUDING LOST PROFITS OR DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SOFTWARE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SOFTWARE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE LICENSOR, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SOFTWARE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE LICENSOR AND ITS AFFILIATES SHALL NOT EXCEED FIFTY DOLLARS (US $50).
B.1. Grant of License. Upon your payment of the fees shown on the invoice or following the Evaluation Period, and acceptance of this Agreement, the Evaluation License will be extended to that time period of the plan you elected (the ”License”).
You may install and use the Software on one (1) computer for your internal and personal purposes for a period of one year, commencing as of the date of the Software’s purchase, or for any other period that may be offered to you when you purchase the License. If you have purchased more licenses based on the payment schedule set by Licensor, you may use the Software on different computers based on the number of Licenses purchased.
B.2. Restrictions on Use of Software. You may not: (a) make the Software available for use by others in any service bureau or similar arrangement; (b) distribute, sublicense, transfer, publish or lend the Software to any third party; (c) disassemble, decompile, decrypt or reverse engineer the Software; or (d) create any derivative works from all or any portion of the Software; (e) sublicense, redistribute, sell, resell, lease, lend or rent the Software; (f) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Software; or (h) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
You may copy the Software solely for backup/archival purposes, provided that you include all copyright and similar rights notices. Licensor (or its licensors) retains all right, title, and interest in the Software (and in all copies).
B.3. Limited Warranty and Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT: (I) YOUR ACCESS TO AND USE OF THE SOFTWARE MAY BE SUSPENDED FOR THE DURATION OF ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OR UNAVAILABILITY OF ANY PORTION FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; AND (II) LICENSOR SHALL ALSO BE ENTITLED, WITHOUT ANY LIABILITY TO YOU, TO SUSPEND ACCESS TO ANY PORTION OR ALL OF THE SOFTWARE AT ANY TIME FOR SCHEDULED DOWNTIME TO PERMIT US TO CONDUCT MAINTENANCE OR MAKE MODIFICATIONS TO ANY PART OF THE SOFTWARE. THE AVAILABILITY AND FUNCTIONALITY OF THE SOFTWARE DEPENDS ON VARIOUS FACTORS, INCLUDING SOFTWARE, HARDWARE AND COMMUNICATION NETWORKS THAT ARE PROVIDED BY THIRD PARTIES. THESE FACTORS ARE NOT FAULT FREE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WOULD OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR BE IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS. WE RESERVE THE RIGHT TO ADD ADDITIONAL FEATURES TO SOFTWARE OR TO PROVIDE UPDATES, UPGRADES OR PROGRAMMING FIXES; WE HAVE NO OBLIGATION TO MAKE AVAILABLE TO YOU ANY SUBSEQUENT VERSIONS OF THE SOFTWARE.
B.4. Intellectual Property. This Agreement does not convey to you any rights of ownership in the Software. All right, title, and interest in the Software and in any ideas, know-how, and programs which are developed by Licensor in the course of providing any technical services, including any enhancements or modifications made to the Software and including any authorized copies to the Software made by you, if any, shall at all times remain the property of Licensor or any of its licensors. All trademarks, service marks, product names, copyrights, logos and trade names of the Licensor appearing on or through the Software, are exclusively owned by the Licensor or other respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Software. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
B.5. Indemnification. You agree to defend, indemnify and hold the Licensor and its and employees, officers and directors, harmless from and against any claim, suites, demand, losses, debts, obligations, liabilities, costs or expenses, including reasonable attorney fees, made by any third party due to, arising out of or incurred your access to or use of the Software or to any violation by you (whether directly or indirectly) of this Agreement. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Software.
B.6. Limitation of Remedy and Liability. NEITHER LICENSOR NOR ITS LICENSOR, IF ANY, SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGE TO SYSTEMS OR DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID BY YOU UNDER THIS AGREEMENT.
B.7. Maintenance Services. Licensor is not obligated under this Agreement to provide you with any technical support services relating to the Software; however, you may choose to order additional maintenance services for additional fees as applicable. By choosing to pay the applicable fees, you are entitled to receive technical support services, including corrections, fixes and enhancements to the Software as such are made generally available (the "maintenance services") from Licensor in accordance with Licensor's then-current maintenance terms for the applicable maintenance level purchased by you.
Maintenance services will not include any releases of the Software which are determined by Licensor to be a separate product or for which Licensor charges its customers extra or separately.
B.8. Upgrades and Subscription. If you purchased a license for the Software which is identified as an "upgrade" or "subscription", you must have a valid license for the version of the Software which the "upgrade" or "subscription" supplements.
B.9. Termination. At any time, you may stop your using the Software by simply removing or uninstalling it from your computer. Licensor reserves the right, at any time, to discontinue or modify any aspect of the Software or to terminate your use of the Software for any of the following: (a) you fail to make any applicable payment and/or (b) you fail to comply with any of the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In any of such event, Licensor shall not be liable to you or any third party as Licensor does not assume any responsibility with respect to or in connection with, such termination or modification. Upon termination, you agree to promptly cease using the Software, uninstall the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to Licensor. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement.
B.10. Dispute Resolution and Governing Law. For any dispute, you have with Licensor, you agree to first contact Licensor at support(@)solvusoft.com and attempt to resolve the dispute with Licensor informally. If Licensor shall not able to resolve the dispute with you informally, both parties each agree by this enforceable Agreement, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LICENSOR ARE EACH WAIVING THE RIGHT TO BE HEARD BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION.
Please note, that the following information shall be included: (a) your name; (b) your residence address and (c) a clear statement that you wish to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of Nevada, USA. Any cause of action you might have relating to the Terms or your use of the Software is limited in time to one (1) year from the arising incident, and shall be permanently barred afterwards.
B.11. Payment Terms and Refunds. All fees are in US Dollars. All fees do not include taxes. If Licensor is required to pay any sales, use, GST, VAT, or other taxes in connection with your order, other than taxes based on Licensor's income, such taxes will be billed to and paid by you. We provide 100% refund guarantee if at any time during the period of ninety (90) days from the date of purchase, you are unsatisfied for any reason with the Software.
B.12. Minors Control. You shall not download, install or otherwise use the Software if you are not able to form legally binding contracts or are under the age of 13. If you are under 18, please be sure to read these Terms with your parents or legal guardians and ask questions about things you do not understand.
B.13. Amendments. Licensor reserves the right, with or without notice to you, to amend, modify, update or make changes to these Terms in its sole discretion. Continued use of the Software, or any part thereof, constitutes your acceptance of such modifications. The date of the last amendments shall be reflected in the "Last Modified" heading.
B.14. Entire Agreement. This Agreement constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and Licensor with respect to the Software and may be modified only in writing by both parties. No term or condition contained in your purchase order will apply unless expressly accepted by Licensor in writing. Failure to prosecute a party's rights will not constitute a waiver of any other breach.
If any provision of this Agreement is found to be invalid, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full effect. Failure of the Licensor to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This Agreement has been written in the English language and you waive any rights you may have under the law of your country or province to have this Agreement written in any other language.
C.1. Windows 10
C.2. Windows 7 & Windows Vista
C.3. Windows XP
C.4. Windows 95, 98, Me, NT, 2000, and XP in Classic View
D.1. Silent Installation. The Software's installer, "WinThruster.exe", supports silent application installation, enabling the Software to be installed without displayed the Windows installation message.
If you have any questions about these terms, or wish to report violators of these Terms, you may do so by contacting Licensor at:
Phone: (702) 948-6578
ATTN: FileViewPro Customer Service
848 N. Rainbow Blvd. #3321
Las Vegas, NV 89107