TuneUp Utilities - Version 2010 9.0.4300.7

EULA - End User License Agreement

END USER TERMS AND CONDITIONS OF LICENSE (Version dated 16.10.2009)

Scope of the End User Terms and Conditions of License
This Software and the documentation belonging to it are protected under copyright law. Your use of this Software requires the grant of the rights necessary for such use.

These End User Terms and Conditions of License govern the scope of the rights granted by TuneUp Distribution GmbH, Robert-Bosch-Str. 20-22 in 64293 Darmstadt, Germany, (hereinafter TuneUp) to you as the user of the Software.

Microsoft Windows, Windows XP, Vista, Windows 7, MSN, Windows Messenger and Internet Explorer are products, registered trademarks or otherwise proprietary designations of Microsoft Corporation in the United States of America and/or other countries. These End User Terms and Conditions of License shall apply solely to TuneUp products.

Upon clicking the I Accept button, these End User Terms and Conditions of License shall become a binding agreement. Only in such event shall you be permitted to use the Software. If you do not accept the Terms and Conditions of License, click the Reject button. You shall then not be authorized to use the Software.
PART A - Generally Applicable Terms and Conditions of License

1. Scope of Use

1.1 License

a. Standard Version

You are granted the non-exclusive and perpetual right to use the Software for personal purposes only. You are entitled to install and use one copy of the Software on one computer unless a different number of licenses is indicated on the retail box / in the authorised e-shop / or in the accompanying documentation. In this case you are entitled to install and use one copy of the Software on one computer for each granted license.

Use of the Software within the meaning of these End User Terms and Conditions of License is any permanent or temporary, entire or partial reproduction (copying) of the Software through the saving, loading, running or display by the computer for the purpose of executing the Software, and the processing of data contained in the Software. You are also entitled to carry out said actions for the purpose of observation and examination as well as to test the Software. A reproduction of the handbook is not permitted unless you are producing a printout of the handbook which was provided exclusively in electronic form.

You are entitled to make a back-up copy of the Software and customary data back-ups, provided this is necessary to ensure the future use of the Software.

b. Test Versions

The following differing terms shall apply for Test Versions:

You have the non-exclusive right to use the Software for a limited testing period for personal purposes only. After the expiration of the testing period, the Software will no longer be usable, or will be usable only to a limited extent.

The transfer of the Software version of this Product expressly designated by TuneUp as being a Test Version is permitted, provided it is not sold, rented or otherwise provided for a fee. Notice of any transfer or publication is requested. The test version may be installed and operated on a parallel basis on any number of computers.

The purchase of an Activation Code
- for a single, installed Test Version or
- for the applicable number of Test Versions in the case of an Activation Code relating to a specific number
will activate such Test Version(s) to Full Version(s) and authorize the user to use the Software beyond the granted testing period. The terms governing the scope of use under a. and the other End User Terms and Conditions of License will then apply for such Full Version(s).

c. Volume License

The following differing terms shall apply for Volume Licenses:

You have the non-exclusive right to use the Software within an organization.

All Licenses you have acquired as part of the Volume License Software
- can only be used on computers within one company or other organization and
- can not be used by private end users.
You hereby confirm that all statements you have made about your company / organization and the intended use of the software within such company / organization when acquiring the Volume License Software are accurate.

You may neither remove nor alter any copyright notices or other notices of intellectual property rights within the Software. You shall reproduce these notices in each copy.
1.2 Decompilation
You are not authorized to reproduce the Code or translate the Code form into another programming language or into the original source code without the consent of the copyright owner unless this is required to obtain the necessary information in order to achieve interoperability of an independently created computer program with other programs, provided the following conditions are met:

a) The actions are undertaken by the licensee or a person authorized to use a reproduced piece of the program or by another authorized person acting on their behalf;
b) the information necessary for achieving such interoperability has not been made available to the individuals referred to under point a);
c) the actions are limited to the portion of the original program necessary to achieving such interoperability.

Information acquired in this manner may not be

a) used for purposes other than the creation of the interoperability of the independently created program;
b) provided to third parties unless this is necessary for the interoperability of the independently created programs;
c) used to develop, produce or market a program essentially having the same forms of expression or for any other actions which infringe the copyright.

1.3 The translation, processing or other form of alteration of the Software and the creation of derivative works of the Software are reserved exclusively to TuneUp. This shall not affect the right of the customer to correct errors if and to the extent the correction of errors is necessary for the use of the Software in accordance with the licence granted.

1.4 The granted license does not authorize you to reproduce the Software beyond the extent described above or to distribute it or otherwise make it available to third parties. In particular, you are not entitled to rent, lease, lend or offer or provide commercial services to third parties with its help, e.g. by means of hosting or the operation of a data processing center or as a service bureau.

1.5 Any use beyond the use described above constitutes a breach of contract.

1.6 You may neither remove nor alter any copyright notices and other notices of intellectual property rights within the Software. You shall reproduce these notices in each copy.
2. Transfer of the Software

The licenses acquired by you as Volume Licenses (1.1c) may not be transferred individually to third parties. You may only transfer the Volume Licenses (sec. 1.1 c.) to a subsequent user as a whole (which means, for example, in the case of a purchase of 6 licenses, the transfer of all 6 Licenses together, not just one or two of them) and upon the grant of no broader license than that granted under these End User Terms and Conditions of License.

Upon the transfer of the Software you shall lose the right to use the Software; this use shall pass to the subsequent user. You shall then promptly and fully delete or otherwise destroy all copies and partial copies of the Software and any changed or revised versions of the Software, including copies and partial copies thereof. This shall also apply to your back-up copies.

Software marked as Not For Resale (NFR) or in a similar manner (NFR Software) and software marked as a Test Version may not be provided for a fee. NFR Software is not intended for sale. NFR Software may only be provided to third parties for test purposes.
3. Support

You will receive support for your Software in the form of technical support for problems with the Software and the correction of errors and improvement of the Software on an ongoing basis at the contacts listed on www.tuneup.de or www.tune-up.com.
PART B - Terms and Conditions governing the Purchase of Software through TuneUp Distribution GmbH

The terms and conditions set forth in the following clauses 4 through 6 shall apply only in the event that you purchase or have purchased the Software meaning either the Software as a whole or as a program patch, e.g. as an update (program patch to remedy errors or introduce new functions, not a fully new and separate program version); hereinafter jointly referred to as Software from TuneUp Distribution GmbH, (hereinafter referred to as TuneUp), provided that you declare your agreement with the application of these End User Terms and Conditions of License.

If you do not purchase, or have not purchased, the Software through TuneUp, the following terms and conditions will not apply. In such case, the terms and conditions agreed to between you and your retailer when the Software is or was bought from your retailer will apply.
4. Warranty

4.1 The Software and its Documentation are free of defects if they are suitable for use in accordance with the description of the Software and its functions issued by TuneUp and in effect on the date on which you have received the Software and the Documentation. No other properties of the Software have been agreed to.

4.2 Because no software is free of error, we urgently advise you to regularly make a back-up of your data.

4.3 Should the Software prove to be unsuitable for the purpose described in clause 4.1 or should it not, or not fully, perform the functions listed in the Documentation, or if the Software is responsible for the occurrence of any other defect, you will first be entitled to demand subsequent performance through the remedy of the defect or a new delivery of the Software. Should the type of subsequent performance you select involve disproportionate costs for TuneUp in comparison to the value of the Software, your right shall be limited to the other form of subsequent performance.

4.4 Defects may also be remedied by TuneUp by way of telephone, written or electronic instructions, provided this does not unreasonably impair your operation of the Software or its operation.

4.5 If, within a reasonable period, TuneUp is unable to render the Software in a condition which can be deemed to be free of defects within the meaning of clause 4.1, or TuneUp finally and definitively refuses to remedy a defect, you shall have the right, upon your election, of reducing the purchase price or returning the Software for refund of the purchase price.

4.6 TuneUp is not obligated to remedy a defect if the defect is attributable to revisions and/or changes to the Software made by you. You shall have the opportunity to prove, however, that such defects of the Software are not related to your revisions or changes. In this case, TuneUp shall remedy the defect in accordance with the provisions of this section.

4.7 If TuneUp bears fault, you may claim damage compensation or the reimbursement of expenses instead of fulfilment of the original obligation. A right to return the Software or to demand compensation instead of complete fulfilment of the original obligation shall only apply in the case of significant defects. If you return the Software, you must cease to use the Software in accordance with clause 2 of these Terms and Conditions of License.

4.8 Your claims against TuneUp for performance of the foregoing warranty shall expire two (2) years from the date on which you received the Software from TuneUp. This shall not apply if TuneUp has fraudulently concealed the defect or the lack of a particular function of the Software. In such cases, the warranty period shall be three (3) years and shall commence at the end of the year in which you have received the Software.

4.9 The foregoing warranty provision shall also apply accordingly to claims for remedy of defects in the Software provided to you within the scope of re-performance or support services. In these cases, a new warranty period shall commence as of the date you receive the improved version pursuant to the foregoing terms and conditions.
5. Liability

5.1 TuneUp is liable without limitation, irrespective of the legal ground:
a) in the case of the breach of a guarantee of quality or product life within the meaning of Sec. 443 of the German Civil Code;
b) in the case of a fraudulent concealment of a defect;
c) for damages arising from the loss of life or for personal injury due to the breach of a duty by TuneUp or a statutory representative or agent of TuneUp;
d) for damage caused by wilful misconduct or gross negligence.

5.2 In the event of the breach of a principal duty of performance under the contract entered into with you, the liability is limited to damages that are foreseeable and typical for such type of contract, except to the extent already addressed under the cases specified in the foregoing clause 5.1.

5.3. In the event of a breach of an ancillary duty of contract, liability shall be limited to the damages that are foreseeable and typical to the specific type of contract, except to the extent already addressed under the cases specified in clause 5.1 a) c).

5.4. Liability under the Product Liability Act shall remain unaffected.

5.5. Any further liability shall be excluded.
6. Choice of Law

6.1. The law of the Federal Republic of Germany shall apply.

6.2. Mandatory consumer protection laws of the country in which you have your regular place of residence shall not be affected by this provision.

6.3. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.