License Agreement (EULA)
Thank you for choosing Combo Cleaner!
License agreement effective date: September 01, 2017
License agreement renewal date: April 28, 2020
IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold. This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or any entity) and RCS LT, UAB with regard to the copyrighted Software (herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE”) provided with this EULA. This End User License Agreement also governs use of SOFTWARE from [BitDefender, SRL] (“BitDefender”) distributed by RCS LT, UAB. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any “online” or electronic documentation. Use of any software and related documentation (“Software”) provided to you by RCS LT, UAB in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, RCS LT, UAB is unwilling to license the SOFTWARE PRODUCT to you.
ELIGIBLE LICENSEES. This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing.
OWNERSHIP. Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, RCS LT, UAB 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 RCS LT, UAB 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.
CONFIDENTIALITY. End User acknowledges that, it may obtain information relating to the Software or BitDefender, including, but not limited to, any code, technology, know-how, ideas, algorithms, testing procedures, structure, interfaces, specifications, documentation, bugs, problem reports, analysis and performance information, and other technical, business, product, and data (“Confidential Information”). End User shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than the use of the Software as licensed under the EULA.
EXPORT COMPLIANCE. End User acknowledges that the Software may be subject to export restrictions by the United States government and import restrictions by certain foreign governments. End User shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. End User agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.
GOVERNMENT USERS. The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this EULA in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited.
LICENSE GRANT. RCS LT, UAB grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single or five computers, depending on subscription type. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
COPYRIGHT. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of RCS LT, UAB and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by RCS LT, UAB or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
REVERSE ENGINEERING. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to RCS LT, UAB.
DISCLAIMER OF WARRANTY. The Software is provided “AS IS” without warranty of any kind. RCS LT, UAB and its suppliers, including BitDefender, disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. NeitherRCS LT, UAB nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. RCS LT, UAB IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
LIMITATION OF LIABILITY. RCS LT, UAB’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall RCS LT, UAB or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if RCS LT, UAB or its supplier has been advised of the possibility of such damages, or any claim by a third party.
RENTAL. You may not loan, rent, or lease the SOFTWARE.
UPGRADES. If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall RCS LT, UAB or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this “Your Company” product, even if RCS LT, UAB has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION BY YOU. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend RCS LT, UAB and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement.
FREE VERSION. You are installing a free version of Combo Cleaner with limited software capabilities. The free version can search for malicious items and viruses and present scan results to you; however Combo Cleaner will not attempt to remove the malicious items and viruses. You have the option of subscribing to Combo Cleaner License or requesting a free limited evaluation version license key in order to activate the function required to remove the malicious items and viruses identified by the software.
EVALUATION. You can evaluate the functionally of Combo Cleaner by requesting a free trial. To obtain a 3-day free trial license key go to https://www.combocleaner.com/trial/ webpage, there you will be asked to enter your email address – enter you email address and click on “Request Free Trial” button. Note that FULL and CUSTOM Antivirus scans are not available in a free trial and not all active threats might be detected and removed using QUICK SCAN feature. The 3-day free trial period is started after you activate Combo Cleaner using the activation key you received.
PAID SUBSCRIPTIONS. The License is effective for the subscription term set forth in your Transaction Documents (“Subscription Term”) and each subsequent renewal term, unless terminated in accordance with this Agreement. If no Subscription Term is specified in your Transaction Documents, the default Subscription Term is 6 months from the date that the Software or Services were purchased. Your subscription renewal of the Subscription Term constitutes your acceptance of and agreement to the then-current version of the Combo Cleaner License Agreement.
PAYMENT & SUPPORT TERMS
PAYMENT AUTHORIZATION. YOU AGREE THAT WE OR OUR AUTHORIZED PARTNER MAY CHARGE THE CREDIT OR DEBIT CARD ACCOUNT OR OTHER PAYMENT DEVICE YOU PROVIDED FOR ALL AMOUNTS YOU OWE RELATED TO YOUR PURCHASE, INCLUDING ANY SUBSCRIPTION RENEWALS. YOU AGREE TO NOTIFY US PROMPTLY OF ANY CHANGE IN YOUR CARD ACCOUNT NUMBER OR EXPIRATION DATE OR OTHER PAYMENT INFORMATION. FOR CREDIT AND DEBIT CARDS, YOU AGREE THAT WE MAY UPDATE SUCH INFORMATION WITH UPDATES RECEIVED DIRECTLY OR INDIRECTLY FROM YOUR CARD ISSUER AND THE RELEVANT CARD NETWORK AND WE MAY USE THE UPDATED CARD INFORMATION TO CHARGE AMOUNTS YOU OWE US. THIS WILL SERVE AS YOUR CONSENT FOR YOUR CARD OR PAYMENT DEVICE TO BE CHARGED OR DEBITED.
AUTOMATIC RENEWAL. You agree that your paid subscription will be automatically renewed. You authorize us or our authorized partner to charge your card or payment device on file within 30-days of your subscription expiration date, at the renewal term subscription price in effect at the time the renewal. Pricing is subject to change. Your subscription is ongoing and will continue until you cancel. If you would like additional information or to cancel your subscription or modify your auto-renewal settings, log onto your My Account page or contact Customer Support. Before your Subscription Term expires, we will send a notice to the e-mail address listed in your account profile, informing you of the upcoming renewal. If, at the time of renewal, your Software and Services have been renamed, upgraded or replaced by a new offering with reasonably comparable features (“Replacement”), we may, at our discretion, automatically renew your subscription with the Replacement for no more than the undiscounted subscription price of the Replacement.
ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY TURN OFF AUTOMATIC RENEWAL BY ACCESSING YOUR ONLINE ACCOUNT PAGE OR CONTACTING CUSTOMER SERVICE. IF YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF AUTOMATIC RENEWAL MORE THAN 30 DAYS BEFORE YOUR SUBSCRIPTION TERM EXPIRES. IF YOU DO NOT TURN OFF AUTOMATIC RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE FOR THE RENEWAL TERM UNDER THE AGREEMENT IN EFFECT AT THE TIME OF EACH RENEWAL UNLESS IT IS CANCELED BY YOU (OR TERMINATED BY US PURSUANT TO THIS AGREEMENT).
TURNING OFF AUTOMATIC RENEWAL WILL DISCONTINUE ANY PREMIUM FEATURES AND SERVICES THAT WE OFFER EXCLUSIVELY TO SUBSCRIBERS WHO ARE ENROLLED IN AUTOMATIC RENEWAL AND HAVE PAID FOR THEIR SUBSCRIPTION.
CANCELLATION. Except as provided by our Refund Policy, cancelling your subscription or terminating this Agreement will not result in a retroactive refund or pro-ration of fees paid based on cancellation date. Cancelling your subscription or terminating this Agreement will stop future recurring fees, and you will have access to the subscribed Software and Services until the end of the then-current Subscription Term.
REFUNDS. Subscriptions that are renewed automatically are 100% eligible for a full Refund within 30 days from date of Initial purchase or Auto-Renewal. Users can notice a debit in their CC and have received a receipt from RCS LT, UAB through Email which will give detailed information regarding Auto-renewal. Users whom are eligible for a Refund can contact Combo Cleaner Customer Support Service ([email protected]) and initiate a request for Refund to the Subscription that was renewed recently.
DATA CHARGES. You are responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software or Services, including any overage and penalties assessed for exceeding your data or minute allowance, or use of domestic or international short message service.
SUPPORT AND UPDATES. If your Software and Services qualify for technical support and you have a current paid subscription, you will receive technical support in accordance with our current standard-support offerings. Not all Software and Services qualify for technical support. Consult your Transaction Document or terms of service, as applicable, for information regarding technical support and additional options. Our standard-support offerings, policies, and procedures may change from time to time and may vary by country. Any obligation we may have to support the previous version of the Software and Services ends when an upgrade, modified or later version, or other update to the Software and Services (“Update”) becomes available. For your convenience and to ensure that the Software on your devices includes new features that we develop, by agreeing to this Agreement you give us permission to install Updates and (at your request or with your consent) new Software on your devices automatically when available, to the extent that it is possible for us to run such background installations. We may also automatically pre-load Software, but will not activate such Software without your consent. Any Updates or technical support provided for Free Software is at our sole discretion and may be discontinued at any time.
CHANGES TO THIS AGREEMENT. For paid subscriptions, you accept changes to this Agreement by renewing the subscription, and the updated Agreement with the change(s) will be effective upon such renewal of your subscription. If you do not agree to the Agreement as amended, then you must reject the changes by turning off auto renewal and uninstalling the Software and ceasing all use of any Software or Services at the end of the Subscription Term. For Free Software and Courtesy Services, you accept change(s) to this Agreement by continuing to use the Free Software or Courtesy Services. If you reject the updated Agreement, your license to the Free Software or Courtesy Services is terminated and you must cease all access to and use of the Courtesy Services or Free Software and uninstall the Free Software.
TERMINATION. We may terminate this Agreement if you fail to comply with the terms of this Agreement. You may terminate the License prior to the expiration of the term by permanently erasing the Software and Services from your devices and canceling your account with us. Please refer to our Refund Policy to see if you are eligible for a refund prior to erasing your Software and Services. If this Agreement expires or is terminated, (i) you will no longer be authorized to use or access the Software and Services, including any online storage or backup services, (ii) you must permanently erase the Software and Services from your devices, and (iii) we may cancel or close your account. Upon termination or expiration, we will follow our standard policies to delete any of your online stored or backed-up information, text, files, links, images or other materials provided to us (“Content”). It is your responsibility to store or backup your Content elsewhere before this Agreement expires or is terminated. We are not responsible for giving you a copy of your Content.
UAB RCS LT,
Skirmanto g. 29, Kaunas, LT-47183, Lithuania, European Union