NOTIFICATION: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE, AGREEING TO THE TERMS SET OUT BELOW.
YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENSE AGREEMENT AND WISH TO BECOME THE LICENSEE ("YOU") OF THE SOFTWARE. ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THIS LICENSE.
BY CLICKING THE "I ACCEPT THE AGREEMENT" BUTTON YOU WARRANT AND CONFIRM THAT YOU ARE ELIGIBLE AND HAVE THE AUTHORITY TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT.
SELECTING THE "I ACCEPT THE AGREEMENT" BEFORE THE "NEXT" BUTTON AT THE BOTTOM OF THIS SCREEN WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND YOU WILL BECOME THE LICENSEE OF THE SOFTWARE. PLEASE PRINT A COPY FOR YOUR RECORDS.
IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS, DO NOT CLICK ON THE "I ACCEPT THE AGREEMENT" BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER.
IN CIRCUMSTANCES WHERE YOU PURCHASE THE SOFTWARE WITHOUT ACCEPTING THE TERMS OF THIS LICENSE AGREEMENT AND WISH TO RETURN THE SOFTWARE, PLEASE CONTACT PIMASOFT, LLC. ("PIMASOFT") TO DETERMINE WHETHER YOU ARE ELIGIBLE FOR A REFUND.
1. LICENSE
1.1 PIMASOFT has agreed to license use of the Software to you pursuant to this LICENSE agreement and the terms and conditions set out below.
1.2 PIMASOFT grants to you a non-exclusive, non-transferable, revocable LICENSE to:
(a) use the Software;
(b) make one copy for backup purposes only; and
(c) use the Software strictly in accordance with the provisions of this LICENSE.
1.3 Except where clause 2.2 applies, if you wish to use the Software on more than one computer at the same time, you may make an additional copy upon receipt of written consent from PIMASOFT and upon payment of an additional LICENSE fee as stipulated by PIMASOFT.
2. LICENSE Fee
2.1 Where a LICENSE fee is payable by you in respect of the Software, you are not entitled to use the Software until the LICENSE fee has been paid. In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorized by the billing provider. A separate LICENSE fee is payable in the circumstances described in clause 1.3.
2.2 If you are downloading a free trial version of the Software, you may use it on one or more computers for an unlimited period of time. However, you are not entitled to receive technical support nor the full functionality that comes with the Software until a LICENSE fee has been paid.
3. Licensee's Obligations
3.1 As the Licensee You hereby undertake the following obligations:
(a) to not print, copy, reproduce, translate, adapt, vary, alter, change, reverse engineer, decompile or modify the Software by any means or in any other form other than to make one temporary copy of the Software for back-up and security purposes without the express consent of PIMASOFT, except as expressly authorized by this agreement;
(b) to supervise and control the use of the Software in accordance with the terms of this LICENSE;
(c) to ensure your employees, sub-contractors and other agents who have authorized access to the Software are made aware of the terms of this LICENSE;
(d) to not provide or otherwise make available the Software in any form to any person other than those referred to in paragraph (c) without the written consent of PIMASOFT; and
(e) to not give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or attempt to do any of these acts;
(f) to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;
(g) not to access or use the Software on more that one personal stand-alone computer, or otherwise allow the Software to be accessed or used by more than one user at any one time.
(h) to not engage in any acts which infringe PIMASOFT rights in the intellectual property rights in the Software;
3.2 You acknowledge that the LICENSE granted by Clause 1 does not make you the owner of the Software nor does it cause any transfer or assignment of any copyright or any other intellectual or industrial property rights subsisting in the Software to You.
3.3 You acknowledge that the Software will seek to remove codes such as Spyware, Adware and Malware. In some circumstances removal of that code may result in you breaching a LICENSE to use the host software which installed that code or certain host programs to cease operating. You agree to consult the terms of any LICENSE agreement for the host program before authorizing the removal of any Spyware or Adware associated with that program.
4. Warranty
4.1 You hereby acknowledge that the Software cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this LICENSE agreement by PIMASOFT. In particular, PIMASOFT does not guarantee that the Software will detect and/or remove all Spyware, adware, malware, Trojans, keyloggers and trackware, or locate all browser infections and tracking cookies on your computer.
4.2 You acknowledge that PIMASOFT may offer to maintain and update the Software but it is not obliged to do so. Should you wish to receive information about updates please view PIMASOFT website on a regular basis at www.pimasoft.com.
4.3 In the event any statute implies terms into this agreement which cannot be lawfully excluded, such terms will apply to this agreement, save that the liability of PIMASOFT for breach of any such implied term will be limited, at the option of PIMASOFT, to any one or more of the following:
(a) the replacement of the Software to which the breach relates or the supply of equivalent Software;
(b) the repair of the Software;
(c) the payment of the cost of replacing the Software or of acquiring equivalent Software; or
(d) the payment of the cost of having the Software repaired.
4.4 If the liability of PIMASOFT for breach of any term, condition or warranty implied by law into contracts for the supply of goods and services ("Prescribed Terms") are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
4.5 Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms:
(a) PIMASOFT makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software;
(b) You will not under any circumstances have any cause of action against, or right to claim or recover from, PIMASOFT for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms.
4.6 PIMASOFT will not be liable for any indirect or consequential damages arising out of a breach of this LICENSE or arising out of the supply of defective Software.
4.7 You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by PIMASOFT which have not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by PIMASOFT.
5. Copyright and Trade Marks
5.1 You acknowledge that the Software and all related products (including but not limited to computer manuals and computer literature) ("Products") are the subject of copyright. You therefore, shall not during or any time after the expiry or termination of this LICENSE, permit any act which infringes that copyright and, without limiting the generality of the foregoing, You specifically acknowledge that you may not copy the Software or Products except as otherwise expressly authorized by this agreement.
5.2 You shall not during or at any time after the expiry or termination of this LICENSE permit any act which infringes the Trade Marks used in connection with the Software.
5.3 You shall indemnify PIMASOFT fully against all liabilities, costs and expenses which PIMASOFT may LLC.ur to a third party as a result of Your breach of the copyright and Trade Mark provisions of this agreement.
6. Term of LICENSE
6.1 This LICENSE commences upon payment of the LICENSE fee and is granted in perpetuity, but may be terminated in the following circumstances:
(a) if You are in breach of any term of this LICENSE agreement;
(b) if You, being a corporation, become the subject of insolvency proceedings;
(c) if You, being a firm or partnership, are dissolved; or
(d) if You destroy the Software and/or the Products for any reason.
6.2 Upon termination, You or a representative nominated by You shall destroy any remaining copies of the Software and Products or otherwise return or dispose of such material in the manner directed by PIMASOFT.
6.3 Termination pursuant to this clause shall not affect any rights or remedies which PIMASOFT may have otherwise under this LICENSE or at law.
7. Assignment
The benefit of this agreement shall not be dealt with in any way by You (whether by assignment, sub-licensing or otherwise) without PIMASOFT' written consent.
8. Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this LICENSE agreement shall not be construed or deemed to be a waiver of that party's rights under this LICENSE.
9. Governing Law
This LICENSE shall be governed by and construed according to the laws in force in the United States of America.
If you have any questions or require clarification relating to the terms and conditions of this LICENSE Agreement, please contact PIMASOFT online at www.pimasoft.com.
