End User License Agreement
END USER LICENSE AGREEMENT FOR Easy Clean PC
IMPORTANT: THE LEGAL AGREEMENTS SET FORTH BELOW WILL GOVERN YOUR USE OF Easy Clean PC (“the Software”), WHICH IS OFFERED BY RAINMAKER SOFTWARE GROUP, LLC AND/OR ITS SUBSIDIARIES (“Rainmaker Software Group”). PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LEGAL AGREEMENT. RAINMAKER SOFTWARE GROUP IS PLEASED TO LICENSE Easy Clean PC TO YOU AS THE INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING Easy Clean PC (REFERRED TO BELOW AS “YOU” OR “YOUR”) ON THE EXPRESS CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND RAINMAKER SOFTWARE GROUP. BY CLICKING “AGREE” OR “YES” YOU INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT. ALSO, BY DOWNLOADING Easy Clean PC, INSTALLING Easy Clean PC, ACCESSING Easy Clean PC ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAINING Easy Clean PC, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT DOWNLOAD, INSTALL OR USE Easy Clean PC.
1.1 Easy Clean PC is the property of Rainmaker Software Group or its licensees and is protected by copyright law. The content and information made available through Easy Clean PC is licensed, not sold, to you. While Rainmaker Software Group continues to own the intellectual property rights to, you will have certain rights to use Easy Clean PC after your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Rainmaker Software Group may furnish.
1.2 Except as may be modified by a Rainmaker Software Group license certificate, license coupon, or license key (collectively, “License Key”) that accompanies, precedes, or follows this license, your rights and obligations with respect to the use of Easy Clean PC are as follows:
You are entitled to:
A. use Easy Clean PC on or in conjunction with up to (i) the number of computers specified by your order for Easy Clean PC, or (ii) in the case of software purchased on a CD or other physical medium, the number specified on Easy Clean PC package, or (iii) if you received Easy Clean PC in combination with other hardware or software, solely in conjunction with such other hardware or software;
B. transfer Easy Clean PC on a permanent basis to another person or entity, provided that you first notify Rainmaker Software Group of your intention in writing and that you retain no copies of the Software and the transferee agrees to the terms of this license.
1.3 Notwithstanding Section 1.2 above, if a License Key accompanies, precedes, or follows this license, you may:
A. make the number of copies of Easy Clean PC licensed to you by Rainmaker Software Group, LLC as provided in your License Key. Your License Key shall constitute proof of your right to make such copies;
B. make one copy of Easy Clean PC for backup purposes, or copy Easy Clean PC onto the hard disk of your computer and retain the original for backup purposes.
C. use Easy Clean PC on a network if you have a licensed copy of Easy Clean PC for each computer that can access Easy Clean PC over that network; or
D. use Easy Clean PC on the same computer to create an image file of a hard drive on that computer and store the image file on removable media for disaster recovery purposes;
E. use the Software to create a boot disk for reapplying the hard drive image that was created for disaster recovery purposes to the hard drive on that same computer; and
F. use Easy Clean PC to clone a hard drive from that same computer to a replacement computer, and to use Easy Clean PC on the replacement computer, provided that the Software has been removed from the original computer.
1.4 You may not:
A. modify Easy Clean PC for use for or on behalf of any third-party not contracting directly with Rainmaker Software Group, or use Easy Clean PC in any way not authorized by this license;
B. copy the printed documentation which accompanies Easy Clean PC;
C. rent, lease, lend, sell, transfer, re-distribute, or sublicense Easy Clean PC or any portion of Easy Clean PC;
D. decompile, copy, reverse-engineer, disassemble, modify, translate, create deviate works of the product, or make any attempt to discover the source code of Easy Clean PC, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Rainmaker Software Group, LLC. If you breach this restriction, you may be subject to a civil complaint for damages or other legal or equitable relief. The terms of this license will govern any product updates provided by Rainmaker Software Group that replace and/or supplement the original product, unless such an update is accompanied by a separate license, in which case the terms of that license will govern.
E. use a previous version or copy of Easy Clean PC after you have received a disk replacement set or an upgraded version; upon upgrading Easy Clean PC, all copies of the prior version must be destroyed;
F. use a later version of Easy Clean PC than is provided herewith unless you have purchased upgrade insurance or have otherwise separately acquired the right to use such later version; or
G. use Easy Clean PC for the purpose of creating multiple computers or hard drives not connected to the original computer, with similar or identical configurations to that of the original computer or hard drive.
2. Subscription Period
The initial term of this Agreement will commence on the date you download or otherwise acquire Easy Clean PC, and is limited to:
(i) the subscription period specified in your order for Easy Clean PC, or
(ii) the subscription period listed on Easy Clean PC package if you purchased Easy Clean PC on CD or other physical medium, or
(iii) the subscription period specified by your supplier if you received Easy Clean PC in combination with other hardware or software
You may have the option to renew of extend or your subscription. If renewal is available, Rainmaker Software Group will provide notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any renewals purchased are referred to in this Agreement as the “Subscription Period”.
Rainmaker Software Group shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.
2.2. Effect of Termination
On the expiration or termination of this Agreement, you shall cease to use Easy Clean PC and destroy all copies, full or partial, of the product in your possession or your control. Rainmaker Software Group may cease making updates available to you, and after expiration of your subscription, most features of the service and software will stop running and performing effectively, or may cease functioning completely. Sections 1.4, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13 will survive the expiration or termination of this Agreement.
Rainmaker Software Group reserves all rights in Easy Clean PC not expressly granted by this agreement. The delivery of our software to you does not transfer to you any commercial or promotional use rights of the products. Any forwarding or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any Rainmaker Software Group’s copyright rights. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software are owned by Rainmaker Software Group or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.
4. Content Updates
You acknowledge that certain Rainmaker Software Group software products utilize content that is updated from time to time. For example, driver update products utilize updated computer components, drivers and file versions, and/or updated BIOS versions; and content delivery features utilize updated URL links, etc. (collectively, “Content Updates”). You may obtain Content Updates for any period for which you have (i) purchased a subscription for Content Updates for the Software (including any subscription included with your original purchase of the Software), (ii) purchased upgrade insurance for the Software, (iii) entered into a maintenance agreement that includes Content Updates, or (iv) otherwise separately acquired the right to obtain Content Updates. Except to the extent expressly stated above, this license does not permit you to obtain and use Content Updates. You further acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.
Rainmaker Software Group warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of your purchase of Easy Clean PC (the “Warranty Period”). Your, or any end user’s sole remedy in the event of a breach of this warranty will be that Rainmaker Software Group will replace any defective media returned to Rainmaker Software Group within the warranty period or, if Section 6 (below) applies, refund the money you paid for the Software. Rainmaker Software Group does not warrant that Easy Clean PC will meet your requirements or that operation of Easy Clean PC will be uninterrupted or error-free. In order to exercise your rights under this Section 5, you must uninstall and destroy all copies of the Software you may have made (including all archival copies), and (i) if you purchased the Software by download, follow the instructions on the confirmation email you received in connection with the purchase, or (ii) for all other purchases, return the Software in its original package, along with your receipt, to the point of purchase.
EXCEPT FOR THE ABOVE THIRTY (30) DAY WARRANTY, RAINMAKER SOFTWARE GROUP DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR REASON, TITLE, NON-INFRINGEMENT, OR ACCURACY. THE ABOVE THIRTY (30) DAY WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES.
6. Money Back Guarantee
If you are the original licensee of this copy of Easy Clean PC and are not completely satisfied with it for any reason, you are entitled to receive a refund of the money you paid for Easy Clean PC (less shipping, handling, and any applicable taxes) by notifying Rainmaker Software Group Customer Service or the Dealer in writing at any time during the thirty (30) day period following the date of purchase (the “Guarantee Period”). If You received the Software as a “bundled” product with the purchase of Your PC or other computer component, or if You fail to notify Rainmaker Software Group Customer Service or the Dealer within the Guarantee Period, You are not entitled to a refund.
7.1. Rainmaker Software Group may deliver any notice to you via pop-up window, dialog box, email or any other means, even though you may not receive the notice unless and until you launch Easy Clean PC. Any such notice will be deemed delivered on the date Rainmaker Software Group first makes it available through Easy Clean PC, irrespective of when you actually receive it.
8. Disclaimer of Damages
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, RAINMAKER SOFTWARE GROUP DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NON-INFRINGEMENT. RAINMAKER SOFTWARE GROUP DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
9. Limitation of Liability
9.1. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY:
(A) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RAINMAKER SOFTWARE GROUP OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT OR IN RELIANCE UPON ANY SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF RAINMAKER SOFTWARE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) IN NO EVENT WILL RAINMAKER SOFTWARE GROUP OR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU WHATSOEVER FOR ANY DEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USE OF THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS, INCLUDING BUT NOT LIMITED TO, CONTENT UPDATES, DRIVERS OR OTHER FILES RECEIVED FROM ANY THIRD PARTY (COLLECTIVELY, “THIRD PARTY PRODUCTS”), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY”S) USE OF THE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTION WITH THIRD PARTY PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BE ADDRESSED UNDER A SEPARATE AGREEMENT BETWEEN YOU AND SUCH THIRD PARTIES.
(C) IN NO EVENT WILL Rainmaker Software Group’s OR ITS LICENSOR’S’ TOTAL LIABILITY FOR ALL DAMAGES EXCEED COST OF THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE PRODUCT FAILS OF ITS ESSENTIAL PURPOSE.
9.3. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
You agree to defend, indemnify and hold harmless Rainmaker Software Group, its officers, employees, contract employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your (i) use of any Rainmaker Software Group product or service or (ii) violation of any term of these Terms and Conditions; or the infringement by you of any intellectual property or other right of any person or entity.
You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software.
12. Government Users
If Easy Clean PC is downloaded or accessed by or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), it is provided with Restricted Rights. Use, duplication, or disclosure of the Software by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
13. Export Control
The software and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported except as authorized by United States laws and the laws of the jurisdiction in which the Software was obtained. In particular, the Software may not be exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, accessing or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. General Terms
14.1 This agreement is governed by the laws of the State of Delaware, and the relevant courts of the Delaware have exclusive jurisdiction over any dispute arising out of your use of the Software.
14.2 This Agreement was originally prepared in the English language. Although Rainmaker Software Group may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
14.3 Assignment. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
14.4 Severability. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Rainmaker Software Group shall have the sole right to elect which provision remains in force.
14.5 Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
14.6 Applicable Law. You acknowledge that the Content contained in the Site is controlled in and originates from the United States. Rainmaker Software Group does not make any representation that any of the Content is appropriate or available for use in other countries or locations. We do not have any responsibility for any access to this Site from territories where the Content may be illegal or otherwise prohibited. If you choose to access our website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, as well as the terms of this Agreement. Any claim relating to the use of Easy Clean PC, this Agreement, and any Content displayed on our website, shall be governed by the internal substantive laws of the State of Delaware, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts located in Broward County, FL for any such claim. You further agree that in the event of any litigation or arbitration proceeding to interpret or enforce a party’s rights under this Agreement, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award the prevailing party its reasonable attorney’s fees, costs, and litigation expenses, incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award.
14.7 Changes to Agreement. Rainmaker Software Group may, from time to time, amend this Agreement, in whole or part, at our discretion. Any changes will be effective immediately upon the posting of the revised Agreement. By continuing to use our website and Services following any changes, you will be deemed to have agreed to such changes. You acknowledge and agree that it is your responsibility to review this Agreement periodically and become aware of modifications.
14.8 Termination. If you fail, or Rainmaker Software Group suspects that you have failed, to comply with any of the provisions of this Agreement, we, at our sole discretion, without notice to you may: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to all product(s).
14.9 This agreement constitutes the entire agreement between you and Rainmaker Software Group with respect to this transaction and any prior statements or representations. Any changes to this agreement must be made in writing, signed by an authorized representative of Rainmaker Software Group.
Easy Clean PC
c/o Rainmaker Software Group
1925 Lovering Ave.
Wilmington, DE 19806