PC 1Care END USER LICENSE AGREEMENT
PLEASE READ THIS PC 1Care END USER LICENSE AGREEMENT (this
"AGREEMENT") CAREFULLY BEFORE INSTALLING OR USING PC 1Care SOFTWARE ("PC 1Care"). BY INSTALLING OR USING PC 1Care, YOU WILL BE DEEMED TO HAVE
ACCEPTED THE TERMS OF THIS AGREEMENT.
PC 1Care, Inc. ("PC 1Cares"), a California
corporation, 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 the
Software, you hereby agree to the following terms and conditions and will
automatically be subject to this Agreement.
1a. Manual free fix: PC 1Care allows you to manually fix limited amount of items
at a time for free. You can go to menu/settings screen to get step by step instructions on how to use this free option.
PC 1Care Pro is an all in one pc tool to fix, clean, optimize and protect your PC. PC 1Care Pro is always free to use to fix all found results in a limited fashion (free manual fixes are free and unlimited but limited to few fixes at a time). Pro version gives you instant unlimited 1-click-fixes. You can upgrade
at antime to do all fixes and cleaning etc. in 1-click.
1. License. Subject to the terms
and conditions of this Agreement, PC 1Cares hereby grants to you a
limited, non-exclusive, non-transferable license, without the right to
sub-license (except as otherwise provided herein), to use or evaluate the
Software in accordance with this Agreement. PC 1Cares retains all
rights in the Software other than those expressly granted to you in the
preceding sentence. You understand that you have been granted a license to use
the Software. Without limiting anything herein contained, PC 1Cares does not transfer title of the Software to you.
2. Intellectual Property. As
between you, the end user, and PC 1Cares, PC 1Cares
shall at all times remain the sole and exclusive owner of the Software
technology, including, without limitation, all know-how, copyrights and patents
related to the Software ("PC 1Care Technology"). PC 1Cares shall at all times have the right (but not the obligation) to prosecute,
maintain, enforce and defend PC 1Care Technology, in its sole
discretion.
3. Limited Warranty; Limited Remedy.
PC 1Cares warrants that the Software will be conforming and free
from defects until ninety (90) days after the date of manufacture (which date of
manufacture shall be clearly marked in materials provided to you).
Notwithstanding anything contained in this Agreement to the contrary, the
warranty of PC 1Cares as provided herein shall be void if any
alterations, modifications or work have been performed on the Software, or to
the extent that any alleged defect is the result of abuse, misuse, improper
maintenance or storage, accident, action or inaction on the part of any party
other than PC 1Cares. Subject to the foregoing, if the Software is
not as warranted, you must notify PC 1Cares in writing within the
ninety-day warranty period noted above and return the Software to PC 1Cares within such ninety-day period in its original packaging, together
with any copies of the Software made by you or in your possession, a copy of
your invoice or receipt and all materials provided to you with the Software,
including, without limitation, all registration papers and manuals. PC 1Cares will, at its option, promptly repair or replace the defective
Software. Any such repaired or replaced Software shall be shipped back to you at
PC 1Cares sole expense. This remedy will not be deemed to have
failed of its essential purpose so long as PC 1Cares is willing
and able to repair or replace the defective Software in the prescribed manner.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, DESIGN, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
USE. Without limiting the generality of the foregoing, PC 1Cares
expressly disclaims (a) the success of the Software (to the extent the Software
is not discovered to be defective within the ninety-day warranty period) and
(b) the usefulness for any purpose of the Software or any technology provided
thereunder. PC 1Cares specifically disclaims any representation or
warranty that the Software will meet your requirements, that the operation of
the Software will be uninterrupted, that the Software will be error-free, and
any and every representation or warranty with respect to the amount of
performance increase or utility that the Software will provide you. The
Software will not necessarily increase performance or provide a utility benefit
on your computer, and PC 1Cares makes no claim that your computer
has any general or specific deficiency, defect, or issue with underperformance.
Any claims or advertisements made by PC 1Cares that the Software
will increase performance or utility of your computer relate to possible or
potential improvement or utility. PC 1Cares makes no
representation or warranty that a specific utility or amount of performance
increase, nor any utility or performance increase, will be realized on
your computer. Each computer is different and the scenarios under which each
computer is used are different. PC 1Cares makes no claim that the
Software will benefit any particular computer or type of computer or any
particular use of a computer. Furthermore, PC 1Cares DOES NOT
GUARANTEE THAT THE SOFTWARE WILL IDENTIFY AND/OR REMOVE ANY SPECIFIC COMPUTER
OPERATING SYSTEM REGISTRY ENTRY OR ANY ASSOCIATED FILE.
4. Limitation of Liability. IN NO
EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE ON THE PART OF
PC 1CareS) WILL PC 1CareS BE LIABLE FOR ANY ACTUAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE
DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY LICENSE
GRANTED HEREUNDER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY
LOSS). PC 1Cares liability under this Agreement, without
exception, is limited to the lesser of (i) the amount paid by you for the
Software and (ii) the suggested retail price for the Software as listed by
PC 1Cares; in either instance, less any applicable taxes and
shipping fees. Upon seeking any reimbursement for the Software, you must return
to PC 1Cares the Software in its original packaging, any copies of
the Software made by you or in your possession, a copy of your invoice or
receipt and all materials provided to you with the Software, including, without
limitation, all registration papers and manuals. You must also complete, execute
and submit to PC 1Cares any forms reasonably requested by PC 1Cares to effect a valid transfer of the license from you back to
PC 1Cares. You will not be entitled to any such reimbursement
unless you purchased the Software directly from PC 1Cares and
return the Software postmarked no later than sixty (60) calendar days from the
date of purchase. If you purchased the Software through a reseller, distributor,
retailer, or any other third party, you must request a refund directly from such
third party.
5. User Agreement
4.1 Evaluation Version Use. You may evaluate a version of the
Software with limited features and functionality (the "Evaluation Version")
provided by PC 1Cares without purchasing a license for the maximum
number of days indicated by PC 1Cares upon licensing to you the
Evaluation Version. You shall become subject to all terms of this Agreement, to
the same extent as if you had purchased a license to use the Software,
immediately and automatically upon installing or using the Evaluation Version.
In order to use the Software upon expiration of the term of the Evaluation
Version, or otherwise to have full access to the features and functionality of
the Software, you must purchase a license to use the Software. For more
information about purchasing a license to use the Software, please visit
https://pc1care.com.
4.2 Activation of Software. Upon purchasing a license from PC 1Cares in order to continue to use the Software or to have full access
to the features and functionality of the Software, you may be required to
activate the Software through the Internet. There are technological measures
within the Software that are designed to prevent unlicensed use of the Software.
PC 1Cares will use those measures to confirm you have a valid
licensed copy of the Software. PC 1Cares will not collect any
information regarding your personal identity from your computer location or
workstation during this process.
4.3 Distribution of Evaluation Version. The Evaluation Version of
the Software may be freely distributed, provided that:
a. Such distribution includes only the original Evaluation Version of the
Software supplied by PC 1Cares. You may not alter, delete or add
any files to the Evaluation Version before its distribution or otherwise modify
the Software in any way.
b. You must not misrepresent to any distributee that the Evaluation
Version contains all of the features and functionality of the Software in its
purchased version.
c. No money is charged to any recipient of the Evaluation Version, beyond
the reasonable cost of its packaging and shipment.
d. You must provide prior email or written notice to PC 1Cares before distributing the Evaluation Version to any third party and
receive written confirmation of PC 1Cares authorization for such
distribution prior to making any such distribution. If you intend to
distribute the Evaluation Version with other hardware, media, or software, you
must notify PC 1Cares thereof with your notification to PC 1Cares of your intent to distribute the Evaluation Version and receive
PC 1Cares written authorization prior to making such distribution.
e. You may, from time to time, be required to report to us the number of
units of the Evaluation Version distributed by you. Hence, you must keep, for a
period covering at least the preceding three (3) years, complete and accurate
records pertaining to your distribution of the Evaluation Version in sufficient
detail to permit PC 1Cares to confirm the number of units of the
Evaluation Version distributed by you. PC 1Cares shall have the
right to audit such records for the purpose of verifying any information
provided, upon providing you with reasonable written notice. PC 1Cares shall bear the full cost of any such audit, unless such audit discloses
a variance of more than five percent (5%) from the number of units actually
distributed, in which case you shall bear the full cost of such audit.
4.4 Purchased Version Use. Upon purchasing a license(s) to use
the Software, you shall be permitted to use the license(s) subject to this
Agreement and all other terms and conditions provided to you by PC 1Cares, including, without limitation, any term governing the duration of any
such license. Upon the expiration of the term of your license, you must renew
and purchase another license in order to retain full access to the Software. For
more information about purchasing additional licenses to the Software or
renewing your existing license, please visit https://pc1care.com.
You may not copy the Software (except as otherwise provided herein);
distribute or sub-license the Software to any third party; nor allow any third
party to use, copy, or evaluate any copy of the Software. A third party may
obtain an Evaluation Version of the Software or purchase a license to use the
Software from https://pc1care.com.
4.5 Use Restrictions. You shall use the Software in compliance with
all applicable laws and not for any unlawful purpose. Each licensed copy of the
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 in a
multi-site license in order to access all the features and functionality of the
Software. You may make one copy of the Software for backup purposes, provided
you have only one copy installed on one computer location or workstation (unless
you have a multi-site license, in which case the Software may be installed in
the number of computers expressly covered by the multi-site license). Third
parties may not use or install your licensed copy of the Software. The
assignment, sub-license, networking, sale, or distribution of copies of this
licensed Software is strictly forbidden without the prior written consent of
PC 1Cares, which may be withheld in PC 1Cares
absolute discretion. It is a violation of this Agreement to assign, sell, share,
loan, rent, lease, borrow, network or transfer the use of this licensed Software
or any accompanying documentation. 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 you are in
violation of this Agreement. For more information on restrictions on the
distribution of the Software, please visit
https://pc1care.com.
When you purchase the Product, you are purchasing a subscription
to the product for a fixed term. At the end of each subscription
period, you will receive an email notification to your last
email on record. Online option to cancel subscription is
provided together with your license key. Unless this Agreement
is terminated, PC 1Care will automatically renew
the subscription at the end of each subscription term for
another period (Renewal Term) by directly charging your account
the current renewal price. In cases a discount price quoted the
day of purchase, it is valid only for the offered introductory
term. After that, your subscription will be renewed at full
price.
6. Proprietary Information. The Software contains copyrighted
material, trade secrets and other proprietary material. You shall not, and shall
not attempt to, modify, reverse engineer, disassemble or decompile this
Software. Nor can you create any derivative works or other works that are based
upon or derived from the Software, whether in whole or in part.
You shall not use PC 1Cares name, logo or graphics in any
way or for any purpose, including, without limitation, to promote any product.
PC 1Cares retains sole and exclusive ownership of all right, title
and interest in and to the Software and all intellectual property rights
relating thereto. Copyright law and international copyright treaty provisions
protect all parts of the Software. You may not use or copy any program, code,
part, image, or text of the Software except as expressly provided herein. All
rights not expressly granted to you hereunder are retained by PC 1Cares.
7. Indemnification of PC 1Cares. You hereby agree to
indemnify, save, hold harmless and defend PC 1Cares, its
directors, officers, employees, agents and distributors from and against any and
all losses, damages, liabilities, expenses and costs, including reasonable
attorneys fees and legal costs, resulting from or in any way connected with
this Agreement; your breach of any term of this Agreement; your purchase,
handling or use of the Software; or any use of the Software by any distributee
of the Software
8. Governing Law. Any action related to this Agreement will be
governed by California law, without giving effect to any choice of law provision
9. Termination. Any breach by you of any term or condition of this
Agreement will result in the automatic and immediate termination of your license
to the Software, without any further action on the part of PC 1Cares and without any refund to you. Upon termination of your license to the
Software for any reason, you agree to immediately cease use of the Software and
to destroy any copies of the Software in your control or possession. Any
financial obligations to PC 1Cares incurred by you prior to the
expiration or earlier termination of your license shall survive the expiration
or termination of your license. Nothing herein contained shall limit PC 1Cares remedies in the event of breach by you of this Agreement.
PC 1Cares shall remain entitled to all remedies available under
the law or in equity in the event of your breach of this Agreement.
10. Binding Arbitration. Any dispute arising out of or relating to
this Agreement or the license to the Software that is not otherwise amicably
settled between you and PC 1Cares shall be exclusively resolved by
arbitration between you and PC 1Cares in accordance with the
applicable arbitration rules of the American Arbitration Association, with the
arbitration to be conducted with one arbitrator in the English language taking
place in Newport Beach, California or such other location as mutually agreed by
you and PC 1Cares. The results of any such arbitration proceeding
shall be binding upon you and PC 1Cares, and judgment may be
entered upon the arbitration award in any court having jurisdiction thereof.
Notwithstanding the foregoing, PC 1Cares may seek interim
injunctive relief from any court of competent jurisdiction.
11. Consent to Use of Data. You agree that PC 1Cares
may collect and use information transmitted by you through the Software and/or
gathered in any manner as part of the product support services provided to you,
if any, related to the Software. You are not obligated to transmit any
information related to the reporting of parasites or malicious files if you
choose not to do so when prompted. PC 1Cares may also (but shall
not be obligated to) use any information collected to provide notices to you
which may be of use or interest to you. The Software contains components that
enable and facilitate the use of certain Internet-based services. You
acknowledge and agree that PC 1Cares may automatically check the
version of the Software that you are utilizing and may provide updates,
upgrades, or fixes to the Software. In order to receive such updates, upgrades
or fixes, you must agree to download the same when prompted. You are not
obligated to download any upgrades or fixes to the Software. PC 1Cares will not collect any information that personally identifies you from
your computer location or workstation during this process.
All of our
products are protected by a money back guarantee. We give you a
full 30 days to test our software and make sure it works as
advertised. A refund is issued if the program does not resolve
the issues it promised to fix or does not work correctly on your
PC.
To review PC 1Cares privacy policy, please visit: https://pc1care.com/Privacy-Policy.php
13. How to Uninstall PC 1Care software
To uninstall the program from Windows 7:
To uninstall the program from Window Vista:
To uninstall the program from Windows XP:
To uninstall the program from Windows 8:
To uninstall the program from Windows 10:
14. Miscellaneous. This Agreement
constitutes the complete, final and exclusive embodiment of the entire agreement
between you and PC 1Cares with regard to its subject matter. If
any provision of this Agreement is determined to be invalid or unenforceable, in
whole or in part, this determination will not affect any other provision of this
Agreement, and the provision in question will be modified so as to be rendered
enforceable.
15. Contacting
Us
If you would like to contact us for any reason,
please contact us as described below:
PC 1Care Inc.
Tenttion: Legal Department
2618 San
Miguel Drive
Suite 1711
Newport beach CA 92660
United States
Email: support@pc1care.com
PC 1Care, Inc.
LAST MODIFIED: 01-01-2021
- Certification and Test Results
- Comparitive and Performance Test Results