TuneUp Utilities 2011 10.0.4010.20

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR SOFTWARE LICENSES

Scope of the End-User License Agreement
This Software and the accompanying documentation are protected by copyright law. To use this Software, you must have been granted the necessary rights.

This End-User License Agreement regulates the scope of rights granted to you as user of the Software by TuneUp Distribution GmbH, Robert-Bosch-Str. 20-22 in 64293 Darmstadt, Germany (hereinafter referred to as TuneUp).

Microsoft, Windows, Windows XP, Windows Vista, Windows 7, Office Outlook, Windows Logo, MSN, Windows Messenger and Internet Explorer are products, registered trademarks or protected names of Microsoft Corporation in the USA and/or in other countries. Firefox is a product and registered trademark of the Mozilla Foundation in the USA and/or other countries. Safari is a product and registered trademark of Apple Inc. in the USA and/or other countries. Opera is a product and a trademark of Opera Software ASA. Other products and brand names can be products and/or brands of their respective owners.

This End-User License Agreement refers exclusively to TuneUp products.

By clicking I accept, you agree to be bound by these end-user license provisions. It is only once you accept that you may use the Software. If you do not agree to the license provisions, click I decline. You will not be permitted to use the Software.
PART A - General License Provisions

1. Scope of Usage

1.1 Usage rights

a. Standard version

You have the simple, non-exclusive right to use the Software for your own purposes for an unlimited period of time: you are entitled to install and use one copy of the Software on one computer, unless you have been provided with a different number of licenses in the sales package/in the authorized e-shop/or in the accompanying documents. If this is the case, you are entitled to install and use one copy of the Software on one computer per license delivered.

As a license holder, you must ensure that no unauthorized access can be made to the product key provided to you to activate the Software (hereinafter referred to as the Product Key). In particular, any publication of the Product Key is forbidden.
Use of the Software in this End-User License Agreement is considered any long-term or temporary, complete or partial reproduction (copying) of the Software by any act of saving, loading, running or displaying for the purpose of running the Software and processing the data contained in the Software by a computer. You are also permitted to perform the above actions for the purpose of observation and inspection or testing of the Software. Reproduction of the manual is not permitted, unless you are printing a copy of the handbook that was only provided in electronic form for personal use only.

You are permitted to make a backup copy of the Software and reasonable data backups to the extent that this is necessary to ensure future use of the Software.

b. Trial versions

For trial versions, the following terms are changed:

You have the simple, non-exclusive right to use the Software for your own purposes for a limited period of time. After the trial period has expired, the Software can no longer be used, or only with restrictions.

Distribution of Software versions of this product that TuneUp has explicitly declared to be a trial version is allowed, as long as no sale, rental or other paid distribution takes place. A message regarding distribution or publication is requested. The trial version may be installed and used on an unlimited number of computers at the same time.
The purchase of an activation key
- for a single installed trial version or
- if the activation key is for a certain number of trial versions -
upgrades the corresponding number of trial versions to the full version. The user is then permitted to use the Software beyond the authorized trial period. For the full version, the provisions listed under a. regarding the scope of use as well as this End-User License Agreement come into effect.
c. Volume license

For volume licenses, the following terms are changed:

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

All licenses purchased as part of the acquisition of Software Volume License may
- only be used on PCs within a commercial or official organization (company, association, public authorities) and
- not be used by private consumers.
As a license holder, you must take suitable action to ensure that the number of users of the Software on several PCs throughout an organization does not exceed the number of licenses included in the Volume License.

If you have provided details of your organization when purchasing the Volume License Software, you assert that these details are accurate and that the Software will be used for the first time in this organization.

d. OEM version

If the word OEM is written on the cover of the CD containing the Software, on the disk itself, or on a pre-installed version of the Software, this means you have purchased a copy of the Software from a TuneUp OEM partner.
This also applies if you have downloaded the Software, which can only be installed if you have a specific hardware device connected to your computer.

This Agreement allows you to use a copy of the OEM Software acquired with this License on any computer (OEM License), provided the Software is only used on one computer at a time. If you have acquired a multi-user license for the OEM Software, you are entitled to use as many copies of the Software at the same time as the number of licenses you own. The Software is considered as used on a computer if it is loaded to the RAM or installed in the main memory (e.g. the hard disk, CD-ROM or on another storage media) of this computer; whereas however a copy that is exclusively installed for distribution to other computers on a network server is not considered as used. If it is possible for the Software to be used on more PCs than the number of licenses, you as license holder must ensure that the number of users of the Software on several PCs does not exceed the number of licenses granted. THE OEM LICENSE HEREBY GRANTED IS ONLY VALID IF IT HAS BEEN PURCHASED AS A PACKAGE WITH THE RELEVANT HARDWARE.
1.2 Decompilation
Without the permission of the copyright owner, you are not permitted to reproduce the code or a translation of the code into another programming language or in the original source code, unless this is necessary in order to gain information needed to maintain interoperability between an independently developed computer program and other programs, insofar as the following conditions are met:

a) The actions are performed by a license holder or another person who is authorized to use a reproduced part of the program, or performed in the name of a license holder by an authorized person;
b) The necessary information for maintaining interoperability has not been made easily accessible for the persons named in a);
c) The actions are limited to the parts of the original program that are necessary for maintaining interoperability.

Information obtained in this way may not

a) be used for other purposes aside from maintaining interoperability with the independently developed program
b) be given to third parties, unless this is necessary for the interoperability of the independently developed program,
c) be used for the development, production or marketing of a program with generally similar features or for any other actions that infringe on the copyright.

1.3 The translation, development or other form of change to the Software and the creation of works derived from the Software is reserved exclusively by TuneUp. This does not affect the customer's right to error correction, provided this error correction is necessary for the normal use of the Software.

1.4 The granted usage right does not permit you to reproduce the Software beyond the scope described above, to distribute it or to make it available in any other fashion to third parties. In particular, you are not permitted to rent, lease or loan the Software, or to offer commercial services to third parties such as hosting, computer pool operation or as an office service with the use of the Software.

1.5 Use that is beyond the scope of the usage described above represents a breach of contract.

1.6 Copyright and other property right notices within the Software may not be removed or changed. They must be included with every copy.
2. Transfer of the Software

The licenses acquired by you as Volume Licenses (1.1c)must not be transferred individually to third parties. You may only transfer the Volume Licenses to a subsequent user in full (i.e. for 6 acquired licenses only all 6 together, not just 1 or 2 individual licenses) and without granting any further usage rights other than the rights granted by this End-User License Agreement.

With the transfer of the Software, you lose the right to use it; this right is transferred to the new user. You are then required to delete or otherwise destroy all copies and partial copies of the Software as well as changed or edited versions of the Software including any copies or partial copies in a complete and timely manner. This also applies to your backup copies.

Software marked Not-For-Resale (NFR) or similar (NFR Software) and Software marked as a trial version, must not be transferred for money. NFR Software is not intended for sale. NFR Software may only be given to third parties for testing purposes.
3. Support

Support for your Software in the form of technical help with software problems or software troubleshooting and improvement can be obtained through the contact information listed at www.tune-up.com .
4. Privacy Note

To use the Program rating feature, you need to exchange data between your PC and TuneUp. By enabling this feature you are agreeing to this exchange of data.

The purpose of this document is to explain which data will be sent to TuneUp and stored and how it will be used.

a. Type and Scope of Data Transmitted and Stored
The following data is sent from your PC to TuneUp at regular intervals and stored:

Anonymized user ID
Anonymized system ID
Program entries on your PC
Startup entries on your PC
Ratings you have submitted

b. Purpose of Data Collection

The program ratings displayed in the Software are based on an average value of all the ratings submitted by users of the Software for this program. This ensures that the rating reflects the opinion of the majority of participating users about the usefulness and quality of the programs rated. This can be of great assistance to you when making a decision about the future use or purchase of the programs.

In order to obtain a reliable average rating, it is therefore particularly important that each user should only be able to submit one rating per program and that the ratings should be recorded in as differentiated and accurate a manner as possible.

The user GUID is an encrypted key characteristic that enables a differentiated and anonymous collection of ratings, even in the case of several users of the same PC. The system GUID is a key characteristic that enables differentiated and anonymous collection of ratings from different PCs. A combination of the user and system GUID makes it possible to collect ratings reliably and anonymously and assign them to respective users. By using these characteristics we can prevent ratings from being distorted by a user submitting multiple ratings for the same program. This does not however stop anyone from submitting a new rating for a program. In this case, the new rating is not recorded as another rating of the program; instead it replaces the rating that was submitted previously.

The following data about the programs installed on your PC is transmitted: the name of the program and its developer, version and file name. This data enables us to make an accurate and differentiated assignment of your rating to a particular program.

The startup entries on your PC are collected in conjunction with their associated program installations, sent to TuneUp and stored. For these you can submit ratings that are collected separately from the program.

c. Publication and Forwarding of Data

TuneUp reserves the right to use the anonymized data and individual ratings collected from the program ratings feature, together with the average ratings figures, in statistics and analyses, to publish them and to forward them to third parties if applicable.

d. Frequency and Type of Data Transmission

The data listed under a. above is encrypted and sent to TuneUp when you start the Uninstall Manager, StartUp Manager and Program Deactivator modules.
In addition, data is sent in the background at regular intervals and when changes are detected to the data originally sent.

e. Right to Cancellation

You can cancel your participation in the exchange of user data at any time by disabling the rating feature for programs. When you disable the ratings feature, the ratings of other TuneUp users are deleted from your PC. As for your own ratings, you can either archive them in case you want to re-enable the feature at a later date, or you can delete them permanently. In both cases, no data will be sent to TuneUp until the ratings feature for programs is re-enabled.

f. Subject to Alteration

TuneUp reserves the right to amend or supplement the aforementioned data privacy regulations at any time in compliance with current data protection legislation. TuneUp will inform you about any changes to these conditions by placing a notice on its website at www.tune-up.com/services/community-rating/policy/ at least four weeks before they come into effect. If you do not agree with the changes to the data privacy regulations, you can disable the ratings feature and end your participation in the data exchange process. TuneUp recommends that you check the news published on its website www.tune-up.com regularly.
5. Term of the Agreement

This Agreement is made for an indefinite term.

Compliance with this Agreement is essential for the lawful use of the Software and the related elements. If an end user breaches any of the obligations in this Agreement, TuneUp is entitled to terminate the Agreement extraordinarily and with immediate effect.
Important grounds to justify an extraordinary termination include in particular the improper use of the Software or the trial version in electronic format. Improper use occurs when the Software or trial version is published or transferred in conjunction with contents and products that are fraudulent, damaging to competition or to rights of third parties. On TuneUp's request, you must in this case refrain from using, transferring and publishing the Software and/or trial version immediately. You are furthermore obligated to remove all copies of the trial version from your PC or PCs completely and permanently and destroy any other copies of the Software or trial version that you own.
PART B - Provisions when Purchasing Software via TuneUp Distribution GmbH

In the case that you have acquired the Software - either the full Software or a part of the program such as an update (a program component for fixing errors or introducing new functionalities, not a completely new and independent program version), referred to as Software - from TuneUp Distribution GmbH (hereinafter TuneUp), the following provisions in paragraphs 6 and 7 apply provided you declare agreement with the application of this End-User License Agreement.

If you have not acquired the Software through TuneUp, the following provisions do not apply. In this case, the provisions and conditions apply, which were or will be agreed between you and your retailer for the purchase of the Software through your retailer.
6. Warranty

6.1 The Software and your documentation are free of defects if they can be used in accordance with the description of the Software and its functionalities that was provided by TuneUp at the point in time that you received the Software and documentation. Further qualities of the Software are not agreed.

6.2 Since no Software is free of defects, we urgently recommend you to back up your data regularly.

6.3 If the Software is not suitable for use as defined in paragraph 6.1, does not provide the functionality listed in the documentation or does not provide said functionality completely, or if the Software is responsible for the occurrence of a further defect, you are entitled to claim a replacement in the form of repair of the defect or a new copy of the Software. If the cost to TuneUp of the type of replacement you have selected is disproportionate to the value of the Software, your rights are limited to the other type of replacement.

6.4 Correction of defects by TuneUp may also take place in the form of instructions given by telephone, in writing or per electronic transmission, insofar as this does not unreasonably infringe on your use of the Software or its functions.

6.5 If TuneUp is not able to bring the Software into a condition considered free of defects as described in 6.1 above within a reasonable amount of time, or if TuneUp makes a final and binding decision not to repair the defects, you are entitled to choose between a reduction in the purchase price, or return of the Software in exchange for a refund of the purchase price.

6.6 TuneUp is not required to repair defects if the defects can be traced to editing and/or changes to the Software made by you. You do, however, have the opportunity to prove that the defects in the Software that have occurred did not result from editing or changes made by you. In this case, TuneUp will repair the defects in accordance with the provisions in this section.

6.7 If TuneUp is found to be at fault, you may claim damages or reimbursement of expenses instead of the services of TuneUp. The right to return the Software or to claim damages instead of any services exists only in case of severe defects. If you return the Software, you must stop using it in accordance with paragraph 2 of this License Agreement.

6.8 Your warranty claims against TuneUp are subject to a limitation period of two (2) years from the date you obtained the Software from TuneUp. This does not apply if TuneUp has maliciously concealed a defect or a lack of software functionality. In such cases, the limitation period is three (3) years and begins at the end of the year in which you received the Software.

6.9 The preceding provision regarding warranty periods applies to your claims to the repair of defects in the Software that are ceded to you within the replacement, or to Support services. For these cases, a new limitation period begins starting from the point in time that you received the improved version in accordance with the prior provisions.
7. Liability

7.1 TuneUp is liable, regardless of the reason, with no restrictions:
a) If a quality or durability guarantee is not met (in accordance with 443 of the German Civil Code [BGB]);
b) If a defect is concealed with malicious intent;
c) For damages resulting from death, personal injury or health problems due to neglect on the part of TuneUp or its legal representative or vicarious agent;
d) For intentional damages or damages caused by gross negligence.

7.2 If a primary obligation of the Agreement made with you is breached, and this liability is not included in the cases given in paragraph 7.1, the liability is limited to foreseeable damages typical of this type of contract.

7.3. If an accessory obligation in the contract is breached, and this liability is not included in the cases given in paragraph 7.1) a)-c), the liability is limited to foreseeable damages typical of this type of contract.