END USER LICENSE AGREEMENT
[Last Updated: 10/03/2017]
This End User License Agreement (hereinafter "Agreement") is a legal agreement between you (either an individual or a legal entity) and Kromtech S.A., with its principal office at Ricardo J. Alfaro Avenue, Century Tower Building, 905 Office, Panama, Republic of Panama (hereinafter "Kromtech") for the use of PCKeeper™ Live and PCKeeper™ Antivirus, collectively referred to as "PCKeeper™ Software" or "PCKeeper™ Suite" (hereinafter "Product").
The Product (the computer program in machine readable object code form, which is issued by Kromtech pursuant to this Agreement) together with the Documentation (all manuals, user documentation, and other related materials pertaining to the Product), and/or other materials distributed with the Product (disk image, CD, or any other media containing these materials) is licensed, not sold, to you by Kromtech, and Kromtech reserves all rights not expressly granted to you within this License Agreement. Under no circumstances shall the source code of the Product be made available to you by Kromtech. The Product and Documentation are collectively referred to as “Product”.
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, you must 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://pckeeper.com website; return your purchased copy of PCKeeper™ with proof of payment to the location from which it was obtained forthwith. Violation of any part of the Agreement will result in termination of your account.
- By the term "PCKeeper™ Suite" Kromtech implies a bundle of products, which includes PCKeeper™ Antivirus and PCKeeper™ Live. Each part of "PCKeeper™ Suite" is sold separately. PCKeeper™ Antivirus and PCKeeper™ Live are two complementary software programs that perform diverse tasks related to PC security and cleaning.
- Problem. By the word “problem” Kromtech means possible security and optimization gaps, outdated apps, lack of free space on the hard disk because of junk files or temporary files, and other aspects that in Kromtech’s opinion should be examined and fixed.
- Item. Under the word “item” Kromtech means the cleaning, optimization and security aspects that may affect the Customer’s overall computer system status that in Kromtech’s opinion should be examined and fixed.
1. License Grant
Kromtech 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
Kromtech may grant you a non-exclusive, non-transferable license to use PCKeeper™ free of charge only for functionally-limited evaluation purposes in accordance with the terms and conditions that are 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 continue using PCKeeper ™, it is necessary to purchase a non-exclusive, non-transferable license.
b. Commercial License Terms
Kromtech grants you a non-exclusive license to use PCKeeper™, only in accordance with the terms and conditions that are 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 to use it under the Commercial License Terms. Kromtech 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) that 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 Kromtech to complete the reactivation.
This License grants you the right to activate and use PCKeeper™ on either (a) one computer that is used by multiple people, or (b) several computers, within reasonable limits, that are used by one and the same person. You can transfer your License from one of your computers to another through your account page (PCKeeper™ Account) and use PCKeeper™ only on one computer at once. Kromtech 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 Kromtech. 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 Kromtech to complete the transfer.
b3. Personal Information
Kromtech may render this License Agreement null and void if it finds out that the personal information you submitted during online activation is incorrect, inaccurate, or outdated. It is your sole responsibility to keep Kromtech informed of any changes in your personal information. You may do so by contacting Kromtech through the 'Support' section of the http://pckeeper.com website, calling on the phone, sending an email, or using a built-in PCKeeper™ live chat. Kromtech may require you to verify any changes to personal information.
Kromtech 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 that is related to PCKeeper™. Kromtech may share this information with its licensors. Kromtech will not sell or license the usage of your personal information to third parties.
In case of activating some PCKeeper™ services that may track your additional personal information, such as your computer's location, the information 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 (thirteen) years old. You represent and guarantee that if you are an individual, you are at least 13 years old, you are of legal age to accept this Agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. Kromtech 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 full or partial copies that you make are owned by Kromtech or its licensors. Kromtech permits you to use PCKeeper™ only in accordance with the terms of this License Agreement. All rights that are not specifically granted by Kromtech are reserved by Kromtech. 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 uses that are allowed in this License Agreement. Kromtech 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 Kromtech is the subject of copyright and other intellectual, industrial or proprietary rights of Kromtech and/or third parties.
You agree not to in any way replace and/or modify libraries and resources that are included in the PCKeeper™ software.
Kromtech may provide you with automatic updates for the Product. They are turned on by default to provide you with the newest features and improvements of the software. You can change the setting whenever you want to turn automatic updates on or off. This option is available the “Preferences” menu of the Product. Should you face any difficulties, please contact Product Customer Support.
Should PCKeeper™ update contain 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.
Kromtech 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™ that is granted to you under this License Agreement is limited to the release of PCKeeper™ that you rightfully obtained on the basis of this License Agreement. Kromtech 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 to activate and use PCKeeper™ on more computers than the number of computers for which you have obtained the said License(s). Kromtech may, at its sole discretion and for your convenience, decide to allow you to activate PCKeeper™ on additional computers within reasonable limits. Notwithstanding such a decision, you are licensed to use PCKeeper™ only simultaneously on the amount of computers for which you have obtained the said License(s).
Kromtech may, at its sole discretion, decide to suspend further activations that were performed under the said License(s), and/or render the said License(s) null and void, if it considers the amount of activations that were 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) via the PCKeeper™ Software.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF PCKEEPER™ IS AT YOUR SOLE RISK. PCKEEPER™ IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND KROMTECH, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER COLLECTIVELY REFERRED TO AS "KROMTECH") 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. KROMTECH DOES NOT WARRANT THAT THE FUNCTIONS THAT ARE CONTAINED IN PCKEEPER™ WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF PCKEEPER™ WILL BE CORRECTED. FURTHERMORE, KROMTECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, 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 THAT IS GIVEN BY KROMTECH, KROMTECH AUTHORIZED REPRESENTATIVE, OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO PCKEEPER™. SHOULD PCKEEPER™ PROVE DEFECTIVE, YOU (AND NOT KROMTECH OR AN KROMTECH 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 THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. c PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA THAT YOU DOWNLOAD BY USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, AND USING THE SOFTWARE. KROMTECH STRONGLY RECOMMENDS THAT YOU PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT THAT IS PERMISSIBLE BY LAW, NEITHER KROMTECH, 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, KROMTECH'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT THAT IS 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 THAT ARE DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
Limitation of Support
Kromtech will endeavour 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™. Kromtech is not required to offer you general advice on technologies underlying or related to PCKeeper™. Kromtech 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 Kromtech, 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 Kromtech, 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™. Kromtech 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 Kromtech upon its request.
Technical and Related Information
Kromtech and its subsidiaries may collect and use technical and related information, including, but not limited to, technical information concerning your computer, system, and applications. Kromtech and its subsidiaries are free to use this information in any form that does not personally identify the Customer or the Customer’s computer. Any collection of technical and related information by Kromtech and its subsidiaries shall be limited in such a manner that Kromtech and its subsidiaries will not be capable of reconstructing the contents of files and folders that you use from within PCKeeper™ or any other personal files and folders that are accessible to PCKeeper™ when you use it.
Kromtech may issue to the Customer a License Code or a License Key, which you may need to activate PCKeeper™ under the terms of the Commercial License. Kromtech and its subsidiaries and distributors may link the aforementioned License Code or License Key to you personally. Any issued License Code or License Key is intended only for your usage 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 Kromtech.
Third-Party Software Licenses
If you do not agree to the Terms and Conditions of the Product or SAVAPI Antivirus, please do not install the Product.
Term and Termination
This Agreement is effective until it is terminated. Without prejudice to any other rights, Kromtech may immediately terminate this Agreement if you fail to comply with any of the terms and conditions that are set out in this Agreement. Kromtech shall have the right to terminate this Agreement at any time in case of extraordinary circumstances that are defined by Kromtech, in its sole and absolute discretion, individually in each case. Example of the extraordinary circumstances may be using the Product by the Customer as a result of third-party promotional activity unagreed with Kromtech, etc.
In such case you will receive an email notification with explanation defining the cause of such termination. Upon termination of the Agreement you must cease all use of the Product and destroy all copies of the Product that are in your possession. Inaction by Kromtech in termination of this Agreement after you fail to comply with any of the terms and conditions that are 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.
Rebill is an automatic extension of a subscription based on your initial agreement to the terms and conditions that are set forth at the PCKeeper™ checkout page. All details concerning the Rebill could be clarified with the Customer Support Service.
You may be granted 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 for a one-time purchase of a license and is not applicable for extension of the subscription.
Kromtech values all 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 study our Refund Policy. Please note that by buying licensed software, the Customer confirms their awareness of all the features and functionality of the product, because they should have already examined EULA, information about the software, and its description at the official website.
Refunds are given only in case of problems that are directly related to our product. If there are direct proofs of issues with our software (for example, error messages or screenshots), and our customer support department cannot resolve these issues, the Customer has the right to receive a refund. Refunds are not given in case of general computer problems that are not related to our software.
If our software becomes a reason for a technical breach of your computer device with enough evidence and proof on this matter, we may consider giving you a refund of the damage inflicted. After receiving a refund request concerning a technical infringement, our Customer Support Agents require from 1(one) to 3 (three) business days to give an initial response. After receiving all relevant evidence and proofs, our Customer Support Agents require from 1 (one) to 10 (ten) 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:
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 remaining from the moment when you have requested a refund until the subscription expiration date.
If you have made a refund request after the first 14 (fourteen) full days of a first or any subsequent month of a subscription period, we grant you a partial refund, covering only the price of the whole number of remaining months.
B. 1 (one)-month subscription
According to this type of subscription, the refund is calculated proportionally based on the number of days that remain from the moment when 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 a full refund covering the price of a 1 (one)-month subscription license.
- С. Definitions
C1. Billing month. By the term “billing month” Kromtech means a period of time for which a periodic statement of charges is rendered to the Customer, starting on the same day of each calendar month.
D. The final calculation of the amount of money that is needed for a refund is carried out by our customer support department; its details can be clarified by 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. One of our Customer Support Agents will provide you the email address where the request should be sent. 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 period of purchased 1 (one) - month, 6 (six) - month or 12 (twelve) - month subscription plan. For a 24 (twenty-four) - month subscription plan a request for a refund is valid during the first twelve months of the purchase. Refunds for licenses that have been activated or in use, for over 12 month, can not be claimed. Kromtech is not responsible for any independent actions that are 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 cannot be performed due to the terms and conditions that are set forth herein. In this case the Customer will be notified via email or phone as soon as possible.
Kromtech 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, Kromtech 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 PCKeeper™ does not qualify the Customer for a refund. The Customer can have Internet or computer problems not related to our product. If the Customer is unable to download PCKeeper™, they must contact our customer support department.
Once the refund is issued, further usage of PCKeeper™ becomes illegal; therefore, the Customer must uninstall PCKeeper™. In addition, all registration data will be immediately blocked, and the refunded Customer will not be able to use the updates.
Refunds are processed over the period of 1 (one) to 3 (three) 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 per Customer’s request. All processing fees are non-refundable.
Kromtech shall be under no obligation under the Agreement if the failure to perform such obligation is due to any event beyond Kromtech’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 Kromtech relating to PCKeeper™, and it supersedes all prior oral or written communications and representation with respect to PCKeeper™ or any other subject matter that is covered by this License Agreement. If any of the provisions of this License Agreement are 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, PCKeeper™ 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 THAT ARE MADE TO PCKEEPER™, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF KROMTECH ELECTS, IN ITS SOLE DISCRETION, TO DISCONTINUE IT. IN CASE OF ANY MATERIAL CHANGE TO PCKEEPER™, KROMTECH WILL NOTIFY THE USER THROUGH 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 Great Britain (English Law), without regard to conflict-of-law’s provisions. Аny unresolved controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined and settled by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. THE PARTIES HERETO AGREE THAT NO FAILURE OR DELAY BY EITHER PARTY IN EXERCISING ANY RIGHT, POWER OR PRIVILEGE HEREUNDER WILL OPERATE AS A WAIVER THEREOF; NOR WILL ANY SINGLE OR PARTIAL EXERCISE THEREOF PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY RIGHT, POWER OR PRIVILEGE HEREUNDER.
KROMTECH 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. IN CASE OF ANY MATERIAL CHANGE TO THIS AGREEMENT, KROMTECH WILL NOTIFY THE USER THROUGH AN EMAIL, THE SOFTWARE, AND/OR WEBSITE. If you do not agree to the amended terms, you must cease the use of PCKeeper™ and any other related materials that are bundled in the package at the time of purchase. Your continued use of PCKeeper™ after the notice shall be deemed to be bound by such amendment.
For all purposes of this License, each of Kromtech'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 Kromtech in writing at MDE’s Building, 1st Floor, Road Town, Tortola, British Virgin Islands.