End User License Agreement
IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE USING ‘System Keeper’ SOFTWARE. WE ARE PLEASED TO LICENSE THE ‘System Keeper’ SOFTWARE TO YOU AS THE INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TO BELOW AS "YOU" OR "YOUR") ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND Monterix Software BY CLICKING ON THE "AGREE", “ACCEPT” OR "YES" BUTTON OR ANY OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, INSTALLING THE DOWNLOADED SOFTWARE, ACCESSING THE SOFTWARE ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE TANGIBLE MEDIA CONTAINING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE "AGREE", "ACCEPT", OR "YES" BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT USE OR ACCESS THIS SOFTWARE.
1.1 The software which accompanies or is accessible through this license (collectively the "Software") is the property of Monterix Software or its licensees and is protected by copyright law. While Monterix Software continues to own the intellectual property rights to the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Monterix Software may furnish.
1.2 The software will be installed as a free trial with limited functionality and will work with all of its features after the purchase of a license key.
1.3 You may uninstall this Software at any time, using the standard uninstall procedures as offered with your computer's Operation System, by accessing the computer's "Control Panel>Add/Remove Programs" folder, selecting ‘Monterix Software’ from the list of installed applications, and clicking the "Change/Remove" button. This will remove ‘Monterix Software’ from your windows pc.
1.4 Except as may be modified by a ‘Monterix Software’ 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 this Software are as follows:
You are entitled to:
1.5 Notwithstanding Section 1.4 above, if a License Key accompanies, precedes, or follows this license, you may:
1.6 You are not entitled to:
1.7 During the installation in addition to the main product the VersionUpdater utility is installed. It is designed to check the new product versions and install them if necessary. Also Task is added in Windows Scheduler for daily launching of the VersionUpdater utility. Immediately after the check the VersionUpdater utility terminates its work and does not take up system resources.
2. Term & Termination
The initial term of this Agreement will commence on the date you download or otherwise acquire the Software, and will continue for the term you specified in your order for the Software, or if you received the Software in combination with other hardware or software, the term specified by your supplier. If renewal terms are available, Monterix Software 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 'Term'.
Monterix Software, in addition to such other rights may be available at law or equity, shall be entitled to terminate this Agreement at any time without notice if you commit a material breach of this Agreement.
2.3. Effect of Termination
On the expiration or termination of this Agreement, you will cease using the Software, Monterix Software may cease making Updates available to you, and the Software may cease functioning. Sections 1.4, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13 will survive the expiration or termination of this Agreement.
Ownership Monterix Software reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software are owned by Monterix Software 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 Monterix Software software products utilize content that is updated from time to time. For example, ‘Monterix Software’ products utilize updated computer components, like registry structure etc. & content delivery features utilize updated URL links, etc. (collectively, "Content Updates"). You may obtain Content Updates during 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 and to keep your windows PC functioning in an optimal state.
Monterix Software 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 the Software (the "Warranty Period"). Your sole remedy in the event of a breach of this warranty will be that Monterix Software will replace any defective media returned to Monterix Software within the Warranty Period or, if Section 6 below applies, refund the money you paid for the Software. Monterix Software does not warrant that the Software will meet your requirements or that operation of the Software 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.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
6. Money Back Guarantee
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, You are entitled to receive a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes) by so notifying Monterix Software Customer Service or the Dealer in writing at any time during the sixty (60) 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 Monterix Software Customer Service or the Dealer within the Guarantee Period, You will not entitled to a refund.
7.1. Monterix Software may deliver any notice to you via pop-up window, dialog box, email or other means, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date Monterix Software first makes it available through the Software, irrespective of when you actually receive it.
8. Disclaimer of Damages
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, Monterix Software 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 NONINFRINGEMENT. Monterix Software 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) IN NO EVENT WILL Monterix Software 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, SOFTWARE VERSION UPDATES, CONTENT UPDATES, 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.
(B) IN NO EVENT WILL Monterix Software OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Monterix Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(C) IN NO EVENT WILL Monterix Software's OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.
9.3. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software as applicable to your state/country and the respective taxation structure.
11. Government Users
If the Software 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.
12. Export Control
The Software and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported. You must comply with all domestic and international export laws and regulations that apply to Monterix Software. These laws include restrictions on destinations, end users and end use. You agree not to export this software or related licenses to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation. 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 which might fall under any type of restricted list.
13. General Terms
13.1. Indian law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state courts located in Jaipur, Rajasthan, India. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
13.2. This Agreement was originally prepared in the English language. Although Monterix Software may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
13.3. This agreement constitutes the entire agreement between you and Monterix Software 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 Monterix Software.