End User License Agreement
This End User License Agreement (hereinafter "Agreement") is a legal agreement between you (either an individual or a legal entity) and Essentware S.A., with its principal office at Ricardo J. Alfaro Avenue, Century Tower Building, 905 Office, Panama, Republic of Panama (hereinafter "Essentware") for the use of PCKeeper.
The PCKeeper Software (the computer program in machine readable object code form issued by Essentware pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the PCKeeper software) and/or other materials distributed with the PCKeeper Software (disk image, CD or any other media containing these materials) is licensed, not sold, to you by Essentware, and Essentware reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall the source code of PCKeeper be made available to you by Essentware. The PCKeeper Software and Documentation are collectively referred to as 'PCKeeper'.
By downloading, installing, copying or otherwise using all or any portion of the PCKeeper Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the PCKeeper Software. If you purchased PCKeeper and do not agree to this License Agreement, you may obtain a refund of the purchase price provided that you a) have not used the PCKeeper Software, and b) if you have purchased your copy from elsewhere than the
http://www.pckeeper.com website, forthwith return your purchased copy of PCKeeper with proof of payment to the location from which it was obtained. Violation of any part of the Agreement will result in termination of your account.
- Problem. By the word “problem” Essentware means possible security and optimization gaps, outdated apps, lack of free space on the hard disk because of junk files or temporary files, and other aspects that in Essentware’s opinion should be examined and fixed.
- Item. Under the word “item” Essentware means cleaning, optimization and security aspects that may affect Customer’s overall computer system status which in Essentware’s opinion should be examined and fixed.
1. License grant
Essentware may, at its sole discretion, grant you Free Trial Terms or a Commercial License. Unless otherwise stated, the Free Trial Terms as set out under (A) are applicable to your use of PCKeeper if you have not purchased or otherwise rightfully obtained a Commercial License for PCKeeper. The Commercial License Terms as set out under (B) are applicable to your use of PCKeeper if you have rightfully obtained a Commercial License for PCKeeper.
a. Free trial terms
Essentware may grant you a non-exclusive, non-transferable license to use PCKeeper free of charge trial terms for functionally-limited evaluation purposes only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend PCKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. In order to proceed using PCKeeper it is necessary to purchase a non-exclusive, non-transferable license.
b. Commercial license terms
Essentware grants you a non-exclusive license to use PCKeeper, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend PCKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
b1. Online activation
The PCKeeper Software requires online activation in order to use it under the Commercial License Terms. Essentware may at its sole discretion decide to adjust the exact technical conditions under which unactivated PCKeeper copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of PCKeeper. Your licensed use of PCKeeper is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of PCKeeper after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Essentware to complete reactivation.
This License grants you the right to activate and use PCKeeper on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. Essentware may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use PCKeeper on multiple computers.
The right to transfer the activated copy of the PCKeeper Software to another computer is personal. To transfer your activated copy of the PCKeeper Software to another computer you may need to contact Essentware. You may transfer your PCKeeper license rights only once and permanently to another person or legal entity under the conditions that you transfer PCKeeper in its entirety, you do not retain a copy of PCKeeper or any part thereof yourself, and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement. If you activated your license before transferring it you may need to contact Essentware to complete the transfer.
b3. Personal information
Essentware may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Essentware informed of any changes in your personal information. You may do so by contacting Essentware through the 'Support' section of the
http://www.PCKeeper.com website, calling on the phone, sending an email or using a built-in PCKeeper live chat. Essentware may require you to verify any changes to personal information.
Essentware may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your PCKeeper license that you purchased your PCKeeper license there and to contact you with information related to PCKeeper. Essentware may share this information with its licensors. Essentware will not sell or license usage of your personal information to third parties.
In case of activating some PCKeeper services which may track your additional personal information, such as your computer's location, it will be available at your account page (PCKeeper account).
2. General terms
These General Terms are applicable to the Commercial License. This agreement is available only to individuals who are at least 13 years old. You represent and warranty that if you are an individual, you are at least 13 years old, you are of legal age to agree to this agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. The Company may in its sole discretion terminate the agreement with any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access this agreement is revoked in such jurisdictions.
Copyright and restrictions
Copyright and other intellectual, industrial and/or proprietary rights to PCKeeper and to any whole or partial copies that you make are owned by Essentwareor its licensors. Essentwarepermits you to use PCKeeper only in accordance with the terms of this License Agreement. All rights not specifically granted by Essentware are reserved by Essentware. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of PCKeeper except for those uses allowed in this License Agreement. Essentware is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Essentware is the subject of copyright and other intellectual, industrial or proprietary rights of Essentware and/or third parties.
You agree not to replace or modify in any way libraries and resources included in the PCKeeper software.
Essentware may provide you with automatic updates of the PCKeeper. They are turned on by default in order to provide you with the newest features and improvements of the software. You can manage it whenever you want to turn on/off automatic updates. This option is available by accessing “Preferences” menu of the PCKeeper. Upon occurrence of any difficulties please contact PCKeeper Customer Support.
In the event PCKeeper update contains material change you will be notified about this via the software itself and you will have the possibility to decline installation of such update and/or uninstall the software completely.
Essentware may provide a limited service of free antivirus updates for a period of one year from the first time you activate PCKeeper.
Limitation of license validity
Any license to use PCKeeper granted to you under this License Agreement is limited to the release of PCKeeper which you rightfully obtained on the basis of this License Agreement. Essentware will provide a limited service of free updates and customer support for a period of one year from the first time you activate PCKeeper (or two years depending on license type).
The Commercial License does not allow PCKeeper to be activated and used on more computers than the number of computers you have obtained the said License(s) for. Essentware may, at its sole discretion, for your convenience decide to allow you to activate PCKeeper on additional computers within reasonable limits. Notwithstanding such a decision you are only licensed to use PCKeeper simultaneously on the amount of computers you have obtained the said License(s) for.
Essentware may, at its sole discretion, decide to suspend further activations performed under the said License(s), and/or render the said License(s) null and void, if it considers the amount of activations performed under the said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the PCKeeper Software.
Disclaimer of warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF PCKEEPER IS AT YOUR SOLE RISK. PCKEEPER IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND Essentware, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS "Essentware") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. Essentware DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN PCKEEPER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF PCKEEPER WILL BE CORRECTED. FURTHERMORE, Essentware DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF PCKEEPER IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Essentware, Essentware AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO PCKEEPER. SHOULD PCKEEPER PROVE DEFECTIVE, YOU (AND NOT Essentware OR A Essentware AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. Essentware PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. Essentware STRONGLY RECOMMENDS YOU TO PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER Essentware NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF PCKEEPER OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, Essentware'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
Limitation of support
Essentware will make an effort to provide you with email, phone and chat support pertaining to your use of PCKeeper. The said support will be limited to topics within the domain of basic usage of PCKeeper. Essentware is not required to offer you general advice on technologies underlying or related to PCKeeper. Essentware reserves the right to cease offering support of any kind pertaining to the usage of older releases of PCKeeper whenever a new release, whether for free or for pay, of PCKeeper becomes available.
You agree to defend Essentware, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Essentware, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of PCKeeper. Essentware reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Essentware upon its request.
Technical and related information
Essentware and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Essentware and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Essentware and its subsidiaries shall be limited in such a manner that Essentware and its subsidiaries will not be capable of reconstructing the contents of files and folders you use from within PCKeeper or any other personal files and folders that are accessible to PCKeeper when you use it.
Essentware may issue a License Code or License Key to you, which you may need to activate PCKeeper under the terms of the Commercial License. Essentware and its subsidiaries and distributors may link the said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Essentware.
Third party software licenses
PCKeeper may use third-party software components. Notwithstanding the foregoing, some of the third-party materials included in the PCKeeper software may be subject to other terms and conditions. In current version of PCKeeper we use Antivirus SAVAPI developed by
Avira AG. In the case of installing PCKeeper you confirm that you have read, understood and agreed to Avira
If you do not agree to Terms and Conditions of the Product or Antivirus SAVAPI, please do not install the Product.
Term and termination
This Agreement is effective until terminated. Without prejudice to any other rights, PCKeeper may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement.PCKeeper shall have the right to terminate this Agreement at any time in case of extraordinary circumstances defined by the PCKeeper, in its sole and absolute discretion, individually in each case. The example of the extraordinary circumstances may be using the Product by the customer as a result of third-party promotional activity unagreed with the PCKeeper etc.
In such event you will receive an email notification with explanation defining the cause of such termination. Upon termination of Agreement you must cease all use of the Product and destroy all copies of the Product that are in your possession. Inaction of the PCKeeper to terminate this Agreement after you fail to comply with any of the terms and conditions set out in this Agreement does not imply a waiver of any kind of the rights reserved by the Product under this and other provisions.
A Rebill is an automatic extension of a subscription based on your initial agreement to the terms and conditions set forth at the PCKeeper checkout page. All details concerning the Rebill could be clarified with the Customer Support Service.
You may be granted with a discount coupon that gives you the right to purchase a license at a lower price than the one originally announced. The coupon is valid within one time purchase of a license and is not applicable for extending the subscription.
Essentware values any feedback from the customers and does everything to fix all possible issues. However, if you are still not satisfied with our products and services and may require a refund, please get acquainted with our refund policy. Please note that buying licensed software confirms the customers’ awareness about all features and functionality of the product, as they should have already examined EULA, information and description about the software on the official website. Refunds are given only in case of problems directly related to our product. If there are direct proofs of issues with our software, for example, error messages or screenshots, and these issues cannot be resolved by our customer support department, the customer has the right to receive a refund. Refunds are not given in case of general computer problems not related to our software. In case our software has become a reason of a technical breach of your computer device, and there is enough evidence and proof on this matter, we may consider giving you a refund of the inflicted damage. After receiving a refund request concerning a technical infringement our Customer Support Agents require from 1 to 3 business days to give an initial response. After receiving all the relevant evidence and proofs our Customer Support Agents require from 1 to 10 days to process the received material and give a qualified response.
Terms and conditions of a refund vary depending on a purchased type of subscription:
A. 12 (twelve)- or 6 (six)-month subscription
According to these types of subscription, a partial refund is calculated proportionally based on the whole number of months left from the moment you have requested a refund until the subscription expiration date.
If you have made a refund request within first 14 (fourteen) full days of a first or any subsequent month of a subscription period, we grant you with a partial refund, covering the price of the whole number of months left plus one month.
If you have made a refund request after first 14 (fourteen) full days of a first or any subsequent month of a subscription period, we grant you with a partial refund, covering only the price of the whole number of months left.
B. 1 (one)-month subscription
According to this type of subscription, the refund is calculated proportionally based on the number of days left from the moment you have requested a refund until the subscription expiration date.
If you have made a refund request within the first 7 (seven) full days of a billing month, we grant you with a full refund, covering the price of a 1 (one)-month subscription license.
C1. Billing month. By the term “billing month” Essentware means a period of time for which a periodic statement of charges is rendered to a customer, starting on the same day of each calendar month.
D. The final calculation of the amount of money needed for a refund is executed by our customer support department and can be clarified with our Customer Support Agents.
Before requesting a refund, the customer must inform our customer support department of any issues that may arise in relation to our software. Refunds are given ONLY in case of contacting our support team. The email address where the request should be sent will be provided to you by one of our Customer Support Agents. Our customer support department is obliged to do their best to fix the problem. If they confirm that the software problem cannot be fixed, a refund will be given.
NOTE: A request for a refund is valid only during the purchased subscription period. The company is not responsible for any independent actions taken by the customer or help from any third parties.
After submitting a refund request to our Customer Support Agent it will be reviewed and processed, unless a refund can not be performed due to the terms and conditions set forth herein. In this case the customer will be notified via email or phone as soon as possible.
The company provides the customers with all possible kinds of support, including manuals, email support, phone support, live chat etc. Therefore if the customer did not follow the instructions, used incorrect setup or refused to use our customer support service, the company has the right to decline the refund request.
If the software is purchased via the Internet, it does not include any physical storage media. Refunds are not given in case of ignorance of this fact.
Inability to download the software is not an argument for the refund. The customer can have Internet or computer problems not related to our product. If the customer is unable to download the software, they must contact our customer support department.
Once the refund is given, further usage of the software becomes illegal; therefore the customer must uninstall the program. In addition, all registration data will be immediately blocked, and the refunded customer will not be able to use the updates.
Refunds are processed from 1 to 3 weeks - the amount of time needed by the bank to process the payment.In case of double charge due to circumstances beyond the customer’s control, and if the fact thereof is confirmed, the company is obliged to give the refund upon the per customer’s request. All processing fees are non-refundable.
Essentware shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Essentware’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and Essentware relating to PCKeeper and supersedes all prior oral or written communications and representation with respect to PCKeeper or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
AT THE TIME OF PURCHASE, THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE AFTER PURCHASE AND INSTALLATION BY THE USER. ALL USERS MUST ACCEPT ALL CHANGES MADE TO PCKEEPER, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF Essentware ELECTS IN ITS SOLE DISCRETION TO DISCONTINUE IT.IN CASE OF ANY MATERIAL CHANGE TO PCKEEPER ESSENTWARE WILL NOTIFY THE USER THROUGH AN EMAIL, THE SOFTWARE AND/OR WEBSITE.
If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
Governing law and jurisdiction, jury trial waiver
This Agreement shall be governed by the laws of the Republic of Panama (Law of Panama), without regard to conflict-of-laws provisions. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. Essentware RESERVES THE RIGHT TO AMEND THE SPECIFIC TERMS OF THE LICENSE REGARDING PCKEEPER AT ITS SOLE DISCRETION BY UPDATING ITS POLICY LOCATED AT
http://PCKeeper.com/eula OR ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amended terms, you must cease the use of PCKeeper and any other related materials bundled in the package at the time of purchase. Your continued use of PCKeeper after the notice shall be deemed agreement to be bound by such amendment.
For all purposes of this License, each of Essentware's third-party licensors of PCKeeper shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
Questions or comments
Should you have any questions or comments regarding this License or the limited warranty, you may contact Essentware in writing at Slovak Republic, 82104 Bratislava, Office center "Aircraft", Ivanska cesta 30/B.