Registry Easy™ End User License Agreement
By choosing or clicking "I Agree" in the installation application of Registry Easy™ or by choosing or clicking the "I Agree", "I Accept", "Yes" or any other button or link which initiates the installation of the Registry Easy™ software application on your machine, you agree to be legally bound by the terms and conditions that follow. Permission to install the software application, Registry Easy™, or its derivative product(s), if any, is granted only when these terms and conditions are agreed to and stated herein. If you choose to install the software as indicated above, you expressly agree to the terms and conditions contained in the following text.
Our applications do not contain adware or spyware of any kind. Installation of the Registry Easy™ product and scanning of your computer is free of charge. However, if and when the Registry Easy™ product detects "Errors" as defined below, on your computer and you wish to use Registry Easy™ to remove the unwanted software, application, or code, you must then purchase a copy of Registry Easy™, which includes the ability to clean your machine of the unwanted software, application, or code.
This agreement is between you, who may herein after also be referred to as the "Licensee", who has the authority to install the software, and Registry Easy™, who may herein after also be referred to as the "Licensor." This agreement will apply to the downloaded software application and the installation program that will be used to install the software, and all subsequent applications, updates and modifications which may also be referred to collectively as the software.
1.0 Definitions and Description
1.0.1 During Registry Easy™'s
Pro detection process, you are free to override the removal from your
computer of any error.
1.0.2 "Error," as used throughout this agreement and the Registry Easy™ application, refers to registry entries such as but not limited to; keys or values, unused or redundant, Application Paths, Application Shortcuts, Help Indexes, Shared Folders & Files, Startup Applications, System Configuration Files and Settings, System Drivers, System Fonts, Uninstall Files, and other system settings and files that may be harmful to a computer system or may slow down a computer system, which have been located during the scan of the computer system using the Repair Registry application.
1.0.3 The Registry Easy™ application categorizes the software, applications and code downloaded and installed on your computer by levels of severity.
1.0.4 The "Critical" severity level identifies conditions which could crash and or slow down a computer and generally refers to the following application paths which contain errors, are incomplete, no longer in use or otherwise redundant; System Configuration, Startup Applications, System Drivers, System Fonts.
1.0.5 The "High Risk" severity level identifies conditions which could crash and or slow down a computer and generally refers to the following application paths which contain errors, are incomplete, no longer in use or otherwise redundant; Application Paths, Application Shortcuts, Uninstall Files, Help Index
The risk levels, "Critical and High Risk", do not mean or imply any particular risk to your computer or data, but are simply arbitrary labels we use.
1.0.5 Where the Registry Easy™ application and this agreement refers to keeping your computer "safe," or guarded from "harm," this refers generally to keeping your computer clear from Errors as defined above. During Registry Easy™ detection process, you are free to override the removal from your computer of any "Errors" that are detected.
1.0.6 "Software" or "software application" refers to the software that will be installed on your computer according to the terms and conditions of this license agreement, including all subsequent updates and changes to this software at the discretion of the Licensor.
1.0.7 The words "contract" and "agreement" can be used interchangeably within this agreement. The meanings of all words will be those which are consistent with the intent of this agreement, where this agreement's purpose is to limit, to the maximum extent, any liability to the Licensor from any issues resulting from the usage of the software by the Licensee.
1.0.8 The term "download" refers to the process of obtaining software from the Licensor's servers via the Internet and storing it on your computer.
1.0.9 The term "install" refers to the usage of the installation program to install the Licensor's software onto the Licensee's computer for usage by the Licensee.
1.1 License Uses - Personal
1.1.1 By agreeing to the terms and
conditions of this agreement, acknowledged by the actions stated above,
the Licensor gives you, the Licensee, a non exclusive, non commercial,
non transferable, revocable, limited license to the software for use on
one personal computer, where the computer has no more than one
microprocessor.
1.2 License Uses - Government
1.2.1 The installation, use, or
purchase of the software by persons authorized to do so on behalf of the
United States Government is authorized only to the extent that the
rights of such usage will not exceed the minimum rights as written in
FAR 52.227-19 and amendments there to, for "restricted computer
software". It is understood that this software is in fact, Commercial
Software, where the use of the term Commercial Software is defined in
the FEDERAL ACQUISITION REGULATION system. In addition, it is agreed
that all other portions of this agreement will apply to such usage.
1.3 License Restrictions
1.3.1 The licensee shall not allow
any other person or entity to reverse engineer, modify, decompile,
disassemble, translate, or otherwise attempt to gain an understanding of
the internal workings of the software or attempt to create derivative
works as defined by the applicable Copyright Act.
1.4 Conditions of Use
1.4.1 The software may be updated by way
of modifications, enhancements, or other changes, which will be
determined solely by the Licensor from time to time. Such updates may or
may not be available free of charge after 60 days has elapsed from the
time of initial installation and the Licensee agrees that the Licensor
has no obligation to provide any updates.
1.5 Ownership
1.5.1 It is hereby agreed and understood that
the software, services, and documentation, including but not limited to
all rights, title, interest, trademarks, copyright, intellectual
property, works of art, logos, and music, are property of the Licensor
and are protected by proprietary rights, trade marks, service marks,
copyrights, international treaties, and laws protecting intellectual
property rights. The term intellectual property rights applies to anyone
worldwide without being limited to country or jurisdiction, and has the
same meaning in this agreement as trade secrets, copyright, patent
rights, any rights not mentioned herein, and proprietary rights without
limitation. To be clear, it is agreed and understood that all rights are
reserved to the Licensor.
1.6 Electronic Signature, Records, and Agreements
1.6.1 You
agree that by clicking or performing the action which initiates
installation of the application on your computer, you are entering into
an legally binding contract as evidenced by this action which is
equivalent to submitting a legally binding electronic signature as
stipulated in the United States Electronic Signatures In Global And
National Commerce Act, P.L. 106-229 (also referred to as the "E-Sign
Act") but not being limited to this act alone. You are also agreeing to
the use of your electronic signature as defined herein on all
transactions, which are performed between you and Registry Easy™, its
products and its representatives. You are also agreeing that you are
waiving any rights under law that require an original signature or the
exchange of money to validate an agreement or contract. You are also
agreeing that all records of transactions that are stored by electronic
means have the same validity as original paper documents and that paper
documentation will not necessarily be retained for legal record keeping.
The aforementioned rights are being waived regardless of any applicable
laws or regulations which may apply to any country or jurisdiction
worldwide that would normally require original signatures and tangible
documents.
1.7 Disclaimer of Warranty by Registry Easy™
1.7.1 Although
reasonable efforts are made to ensure that the software provided will
operate as intended on your computer by testing the software on numerous
test machines with different browsers and operating environments,
Registry Easy™ has no control over your computer or how the software
will perform on your particular machine. Therefore, use of the Registry
Easy™ software is at your sole risk. The software is provided as is and
without warranties of any kind, either implied, expressed, or statutory,
including and without limitation to any verbal warranties,
merchantability, fitness for a particular use or application, accuracy
of application or content, ability to operate or integrate into any
particular system or environment, non-infringement, title or custom.
1.8 Limitation of Liability
1.8.1.1 You acknowledge and agree
that under no circumstances will the Licensor, officers, directors,
employees' parents, subsidiaries, agents, affiliates, contractors,
distributors, third party vendors, or any other party associated with or
working with the Licensor, collectively known as the "protected
parties", be liable to you or any third party for any and all direct,
incidental, special, punitive, indirect, consequential, or exemplary
damages or other relief arising out of or related to this agreement or
to your use of or inability to use the software or any unwanted or
adverse effect of the software, without limitation. The protected
parties will under no circumstances be liable for lost profits, lost
business or lost opportunity, lost goodwill, or other tangible and
intangible losses regardless of the legal theory on which any claim is
brought even if the company has been advised of the probability of such
damages or if such damage could have been reasonably foreseen.
1.8.1.2 Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages in which case the liability will be limited to the minimal extent permitted by law taking into consideration the express warnings and disclaimers in this agreement and that the user of the software has an obligation to minimize any damages on his or her own, having been warned by virtue of the notices in this agreement.
1.9 High Risk Activities
1.9.1 The software has not been
designed, tested or verified for use on equipment involved in high risk
activities or in mission critical applications which require extreme
fault tolerance. Therefore, the software must not be used on any
computers that perform or communicate with computers which are involved
in applications such as, nuclear facilities, life support equipment,
aircraft navigation, hazardous environment controlling equipment,
communication systems, weapon systems, or any other usage or environment
where human life or property may be at stake. Failure of this software
on computers which are utilized in these and other critical systems
could lead to death, personal injury, or sever property damage or
environmental damage for which the "protected parties", as defined
elsewhere in this agreement, are not responsible.
2.0 Indemnification
2.0.1 You expressly agree to indemnify and
hold Registry Easy™ and its associated parties, (the "Protected
Parties" as identified elsewhere in this agreement), harmless from any
and all claims or demands, including but no limited to attorneys' fees
made by you or any third party in connection with or arising from your
use of the software, your violation of any of the terms and conditions
of this agreement and the subsequent license to use the software, your
violation of any applicable laws, or your violation of any rights of
another person or entity.
2.1 Governing Law: Consent to Jurisdiction
2.1.1 The laws of
the Province of Ontario , Canada will govern this agreement and the
software license and the usage of the software. You agree that the laws
of the province of Ontario will govern all matters relating to or
arising from this agreement and the use or inability to use the software
and that such laws will be applied without regard to the conflict of
laws provisions and you agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of York, Ontario.
The United Nations convention on the International Sale of Goods does
not apply to this software or the software license pertaining to this
agreement.
2.2 Severability; No General Waiver
2.2.1 In the event that
any one or more of the provisions contained herein or in any instrument
referred to herein shall, for any reason, be held to be invalid, illegal
or unenforceable in any respect, then to the maximum extent permitted
by law, such provision or provisions shall be judicially reformed
consistent with the Licensor's' intentions so as to be valid, legal and
enforceable, and such invalidity, illegality or unenforceability shall
not affect any other provision of this agreement or such other
instrument contained herein. The failure of the Licensor to exercise or
enforce any right or provision of this software license or any
provisions under this agreement shall not constitute a waiver of such
right or provision.
2.3 Successor Agreements
2.3.1 The Licensor may change the
terms of this agreement from time to time. The Licensee agrees to check
the Licensor's website, where the latest copy of the agreement will be
posted, for any material changes. The Licensee expressly agrees that the
continued use of any software provided by Registry Easy™ after the
effective date of any change will constitute the Licensee's consent to
any such revised agreement. If at any time the Licensee does not accept
any such revision, the Licensee must remove the software from the
computer it was installed on. If the Licensee does not remove the
software, this will indicate acceptance of the current agreement, as
posted on the Licensor's website for the software.
2.4 Term, Termination, Survival
2.4.1 Term
2.4.1.1 This
agreement shall remain in effect on perpetuity unless it is terminated
as described below.
2.4.2 Termination
2.4.2.1 This agreement will immediately
terminate in the event of any unauthorized use including but not limited
to unauthorized use, distribution, copying, modifications or any other
actions that are prohibited as outlined elsewhere in this agreement. The
Licensee may terminate this agreement at any time by erasing or
destroying any and all copies of the software and any products or works
related to the software which is in the Licensee's possession.
2.4.3 Effect of Termination
2.4.3.1 Upon termination, of this
agreement, the rights and licenses granted to the Licensee under this
agreement will immediately terminate. The Licensee will immediately
erase and destroy all copies of the software in the Licensee's
possession.
2.4.4 Survival
2.4.4.1 There are sections of this agreement
that will survive its termination .The sections entitled; License uses
Personal; License uses Government; Ownership; Electronic Signature,
Records and Agreements; Disclaimer of Warranty by Registry Easy™;
Limitation of Liability; High Risk Activities; Indemnification;
Governing Law: Consent to Jurisdiction; Severability; No General Waiver;
Successor Agreements; Term, Termination; Survival; Entire Agreement;
shall survive termination of this agreement for any reason.
2.5 Entire Agreement
2.5.1 This agreement and the enclosed
terms constitute the entire contract between the Licensee and the
Licensor as it relates to the installation and use of the software
provided by the Licensor to the Licensee via download initiated by the
Licensee after having agreed to all of the terms of this agreement and
having duly exercised acceptance via electronic signature as defined
elsewhere in this agreement. This agreement supersedes all previous
agreements. There are no verbal agreements or inferred agreements.