END-USER LICENSE AGREEMENT FOR CRYNET GAME BOOSTER
This Agreement applies to the following products: CRYNET GAME BOOSTER
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE DOWNLOAD AND INSTALLATION OF THE SOFTWARE PROGRAM IDENTIFIED ABOVE AND ANY ASSOCIATED SOFTWARE COMPONENTS, MEDIA, PRINTED MATERIALS OR OTHER RELATED ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “PRODUCT”). TO COMPLETE YOUR ORDER FOR THE PRODUCT YOU’VE REQUESTED, YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOING SO, OR OTHERWISE INSTALLING, COPYING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND Crynet Solutions, AND IT SUPERSEDES ANY PRIOR PROPOSAL, AGREEMENT, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION.
Section 1. Intellectual Property Rights. The Product is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Product belong to Crynet Solutions and its subsidiaries. Further, all right, title and interest, including all intellectual property rights, in and to the content which may be accessed through use of the Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted to you are reserved by Crynet Solutions. The Product is only licensed to you, not sold. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform the Product. Copying or storing the Product other than as expressly permitted in Section 2 below is prohibited unless you obtain prior written permission from Crynet Solutions.
Section 2. License Grant and Prohibited Uses. Crynet Solutions hereby grants you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable and non-sublicensable license to use the number of copies of the Product which you have paid on the corresponding number of computers, running a validly licensed copy of the operating system for which the product was designed, for your personal use or for the internal business use of your company. You may make a single copy of the Product for archival purposes and may use such copy only when the original copy is not in use. You may not remove or alter any copyright notices on any copies of the Product. You may not use the Product on a computer network or allow concurrent use of the Product by more than one individual. You may not rent, lease or otherwise transfer the Product. Unless permitted by law, you may not reverse engineer, decompile, or disassemble the Product or attempt to do so. Any supplemental code that Crynet Solutions may provide you in connection with any support services agreed upon between the parties shall be considered part of the Product and shall be subject to the terms and conditions of this Agreement. You must comply with all applicable laws regarding use of the Product.
Section 3. Installation and Scheduled Tasks. The installation process takes a few seconds and cannot be interrupted once started. By installing this Product, you acknowledge that silent installation will be performed to streamline the installation process. The product may extract files, create and run scheduled tasks, create and run services on your computer. The scheduled tasks are enabled by default and can be disabled by you at any time from the product settings. The product services may run in the background to deliver updates, automatic services, performance monitoring, and some other long-running functionality. These services can be automatically started when the computer boots and can be paused and restarted. But the program will not function correctly when its services are paused or stopped.
Section 4. Limited Warranty. Crynet Solutions warrants and represents to you that the Product will substantially conform to and operate in accordance with its documentation for a period of sixty (60) days from the date you accept the terms of this Agreement and complete the download of the Product (“Warranty Period”). This Limited Warranty applies only if the nonconformance is reported to Crynet Solutions during the Warranty Period and if Crynet Solutions is able to confirm the substantial non-conformance. It is void if the non-conformance of the Product is the result of accident, abuse, misapplication, or inappropriate use of the Product. The exclusive remedy for breach of this warranty shall be, at Crynet Solutions’s option, either (i) the repair or replacement of the Product; or (ii) a refund of the price, if any, which you paid to license the Product.
Section 5. Warranty Disclaimer. SUBJECT TO THE PROVISIONS OF SECTION 4 ABOVE, THE PRODUCT IS BEING LICENSED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU, AND, SHOULD THE PRODUCT PROVE DEFECTIVE, YOU AND NOT Crynet Solutions ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. TO THE EXTENT PERMITTED BY LAW, Crynet Solutions DISCLAIMS ALL OTHER WARRANTIES ON THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. FURTHER, Crynet Solutions DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE PRODUCT. Crynet Solutions MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. Crynet Solutions FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY. THE DURATION OF ANY STATUTORILY-REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY. NOTWITHSTANDING THE FOREGOING, YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
Beta Software: If the Product that you have received has been identified by Crynet Solutions as “Beta” software, you may use the Product for testing purpose. The Beta Software IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of software and/or accompanying materials. SUBJECT TO THE PROVISIONS OF SECTION 4 ABOVE, THE PRODUCT is being licensed on an “As Is” and “with all faults” basis without any express or implied warranty of any kind. The entire risk as to the quality and performance of the Product is with you, and, should the product prove defective, you and not Crynet Solutions assume the entire cost of all necessary servicing or repair.
Section 6. Disclaimer of Consequential Damages. UNDER NO CIRCUMSTANCES SHALL Crynet Solutions BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 7. Limitation on Liability. Crynet Solutions SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. Crynet Solutions’S TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE PRODUCT.
Section 8. Termination. Without prejudice to any other rights, Crynet Solutions may terminate this Agreement if you fail to comply with the terms and conditions set forth herein. In such event, you must destroy all copies of the Product in your possession.
For this section, the words “you” and “Crynet Solutions” include any corporate parents, subsidiaries, affiliates or related persons or entities. The word “claim” means any current or future claim, dispute or controversy relating to the Product, this Agreement, and this Claims Resolution provision, except for the validity, enforceability or scope of the Arbitration provision. The word “claim” also includes but is not limited to: (i) initial claims, counter-claims, cross-claims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (iii) claims by or against any third-party using or providing any product, service or benefit in connection with Agreement; and (iv) claims that arise from or relate to advertisements, promotions or oral or written statements related to the Product. You or Crynet Solutions may not sell, assign or transfer a claim.
End User shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, and then only with prior written notice to the respective owners;); (b) distribute, sell, sublicense, rent, lease or use the Software (or any portion thereof) for time sharing, hosting, provision of services or like purposes; (c) remove any product identification, proprietary, copyright or other notices contained in the Software; (d) modify or create a derivative work of any part of the Software; or (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software. You may not permit third parties to benefit from the use or functionality of Software, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third Party License Terms, governing use of the third party software.
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, OEM and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof. End User acknowledges that it is obtaining only a limited license right to the Software and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to End User under this Agreement or otherwise. End User acknowledges that Bitdefender has a substantial interest in the Software and that, if this EULA is not directly with Bitdefender, then Bitdefender is a third party beneficiary to this EULA, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third Party License Terms are owned by their respective owners.
If requested, End User shall certify in writing that End User is using the Software for the number of servers, with the number of copies, on the system configuration and at the site agreed upon by the parties (as applicable). End User agrees that no more than once annually its use of the Software may be audited by OEM or Bitdefender (or an independent auditor working on such party’s behalf) during normal business hours upon reasonable advance written notice for the purpose of verifying End User’s compliance with this EULA.
Consent to Use of Data.
You agree that Crynet Solutions and its subsidiaries and agents may collect, maintain,process and use diagnostic, technical, and related information, including but not limited to information about your Crynet Solutions product, computer, system and application software, peripherals and other related devices, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software, and to verify compliance with the terms of this Agreement. Crynet Solutions may use this information, as long as it in in a form that does not personally identify you, to improve our products or to provide services to you. Accordingly, please also take note of the following :
EXCEPT FOR ANY EXPRESS LIMITED WARRANTY OFFERED BY OEM FOR WHICH END USER’S REMEDY IS LIMITED TO REPAIR, REPLACEMENT OR REFUND BY OEM, THE SOFTWARE IS PROVIDED “AS IS” AND NO WARRANTIES ARE MADE TO ANY PERSON OR ENTITY WITH RESPECT TO THE SOFTWARE OR ANY SERVICES AND OEM DISCLAIMS ON ITS OWN BEHALF AND THAT OF ITS LICENSORS, INCLUDING BITDEFENDER, ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Termination and Survival
Upon any termination of this EULA, End User shall immediately cease use of the Software and remove all Software from its systems. The terms set forth in the sections entitled Restrictions, Ownership, Confidentiality, Warranty Disclaimer, Limitation of Damages and Remedies shall survive any termination of this EULA.