1. End user license agreement
This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and Perlego Holdings Ltd. doing business as MYSecurityCenter.com (the "Company") regarding the use of MYPCTuneUp (the "Software"), as the case may be, which may include user documentation provided in "online" or electronic form.
2. Grant of License
BEFORE YOU CLICK ON THE BUTTON TO RECEIVE THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE BUTTON TO RECEIVE THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE BUTTON TO RECEIVE THE SOFTWARE AND THE SOFTWARE WILL NOT BE DOWNLOADED TO YOUR COMPUTER.
Subject to the payment your compliance with the terms and conditions hereof, this Agreement permits you to use one copy of the specified version of the Software, for internal purposes only, on only one computer, and only by one user, at a time (unless specified as a 3 user version). Your right to use is non-exclusive. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. We reserve all rights not expressly granted herein.
The Software is owned by the Company or its suppliers or licensors and is protected by United Kingdom copyright laws and international treaty provisions. We (and our suppliers and licensors) own and retain all right, title and interest in and to the Software, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, you may not use, copy, or distribute the Software without written authorization.
You may not rent, lease, license, or loan the Software, but you may transfer your rights under this Agreement permanently, provided you transfer this Agreement, the Software and all accompanying printed materials, retain no copies, and the recipient agrees to be bound by the terms and conditions of this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not make error corrections to, or otherwise adapt or modify, or create derivative works based upon the Software.
5. No warranties
THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE AVAILABLE OR BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF THE COMPANY. THEREFORE, THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
6. Limited liability
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE, SOFTWARE OR USAGE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. U.K. Government-Restricted Rights
The Software and accompanying documentation are deemed to be "commercial computer Software" and "commercial computer Software documentation," respectively. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.K. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
8. Export Restrictions
You are advised that the Software is subject to the U.K. Export Administration Regulations and diversion contrary to U.K. law and regulation is prohibited. You agree not to directly or indirectly export, import or transmit the Software to any country, end user or for any end use that is prohibited by any applicable U.K. regulation or statute (including but not limited to those countries embargoed from time to time by the U.K. government). Additionally, you agree not to directly or indirectly export, import, transmit or use the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. You represent and agree that neither the United Kingdom of Industry and Export Administration nor any other governmental agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Software for any end use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the U.K. Government by regulation or specific written license.
10. General terms, Subscription terms & prices
1. MYSecurityCenter a strong believer in openness, ease and simplicity.
2. Subscribing to any of our products and services is straight forward, not complicated and it is our goal to clearly display ALL our terms and prices.
3. We have no hidden extra fees - No extra costs and absolutely no binding period.
4. There is no risk purchasing any of the MYSecurityCenter products or services as we proudly offer all our customers a 100% Satisfaction or Money-back guarantee.
1. The product will be provided after your order has been placed and payment has been cleared.
2. If you have decided to pay with a credit card then you will receive the installation details by email within 24 hours.
3. If you have selected to pay by cheque or bank transfer then your product may take up to 20 business days to be delivered to you as to allow appropriate time for the payments to be cleared.
4. If you find an error with your product details then you must contact the our support department at firstname.lastname@example.org within 48 hours as to get the product changed and re sent.
1. We will refund all your initial product purchases 100% within the first 30 days.
2. Refunds will incur a 5 Eur admin fee which cover online payment costs to third party.
3. Refunds are not applicable on trial subscriptions, automatic renewals or promotional offers.
1. All MYSecurityCenter products are sold on a subscription basis. Either a monthly or yearly subscription.
2. All subscriptions are valid until the end-user has unsubscribed.
3. All subscriptions will automatically be renewed by MYSecurityCenter until unsubscribed.
4. If for whatever reason MYSecurityCenter cannot automatically renew the subscription, an invoice will be sent to the customer via email. 1 initial invoice, 3 reminders if first invoice is not paid. Reminder 2, 3 and 4 will have a late payment fee of 10, 20 and 30 Euro added.
5. All customers will every 12 month receive a courtesy email as a reminder of their subscription with MYSecurityCenter. This email will clearly explain what the customer has subscribed to and what the cost is. If needed, the email will also contain a new license key for the following 12 months.
HOW TO UNSUBSCRIBE
1. You can at any given time unsubscribe to our products and services. If you want to unsubscribe please send an enquiry to the support team and they will be happy to assist you.
2. With MYSecurityCenter it is of course FREE to unsubscribe, there are no costs attached at all and there is no binding period.
3. Unsubscription shall be received a minimum of 3 days before the next period starts in order for the subscription not to fall into the next period.
11. Other offers
By accepting these "Terms and Conditions" you agree to receive updates and offers on e-mail, popups & mobile devices from MYSecurityCenter our partners and trusted 3rd party companies. You may at any time unsubscribe from any of our services by clicking the various "Unsubscribe" links below. Unsubscribe MYSecurityCenter Newsletter - send a mail to email@example.com Unsubscribe MYSecurityCenter partner promotion - send a mail to firstname.lastname@example.org Unsubscribe MYSecurityCenter 3. party promotion - send a mail to email@example.com
This Agreement is governed by the laws of the United Kingdom, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement shall not be subject to the Uniform Commercial Code. Any dispute between you and the Company regarding this Agreement will be subject to the exclusive venue of the United Kingdom. This Agreement is the entire agreement between you and Company and supersedes any other communications, oral or written, or advertising with respect to the Software and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of the Company.
13. Contact Information
Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, please write to MYSecurityCenter, Perlego Holdings Ltd, 5. Michalaki Christodoulou Street, Office 204, 8020 Paphos, Cyprus. Phone: +357 2603 0411. Reg no: HE288833 or email firstname.lastname@example.org or email@example.com