|Winfixer AKA "ErrorSafe" License Agreement|
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ErrorSafe . ErrorSafe Inc. AND/OR ITS SUBSIDIARIES ARE WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING ErrorSafe (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND ErrorSafe Inc. BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE", "NO" BUTTON, OR OTHERWISE INDICATE REFUSAL; MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT THE CUSTOMER SUPPORT TEAM.
The software which accompanies this license (collectively the "Software") is the property of ErrorSafe Inc. or its licensors and is protected by copyright law. While ErrorSafe Inc. continues to own ErrorSafe , You will have certain rights to use ErrorSafe after Your acceptance of this license. This license governs any releases, revisions, or enhancements to ErrorSafe that ErrorSafe Inc. may furnish to You.
Your rights and obligations with respect to the use of this Software are as follows:
A. use one copy of ErrorSafe on one (1) single computer during subscription period;
B. make one copy of ErrorSafe for archival purposes, or copy the ErrorSafe onto the hard disk of Your computer and retain the original for archival purposes;
C. use ErrorSafe on a network, provided that You have a licensed copy of ErrorSafe for each computer that can access ErrorSafe over that network; and
D. after written permission from ErrorSafe Inc., transfer ErrorSafe on a permanent basis to another person or entity, provided that You retain no copies of ErrorSafe and the transferee agrees to the terms of this license;
E. be informed of any changes or updates regarding the ErrorSafe by e-mail or any other contact method available.
You may not:
A. copy the printed documentation which may accompany ErrorSafe ; (OOPS! We did!)
B. sublicense, rent or lease any portion of ErrorSafe ; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of ErrorSafe , or create derivative works from ErrorSafe;
C. use a previous version or copy of ErrorSafe after You have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
D. use a later version of the ErrorSafe than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version;
E. use, if You received the software distributed on media containing multiple ErrorSafe Inc. products, any ErrorSafe Inc. on the media for which You have not received a permission;
F. use ErrorSafe in any manner not authorized by this license.
2. Refunds policy
A. Refund issue will not be considered if a Supporter Tool log has not been submitted.
This will let the Technical Department analyze all possible issues, find reasons and provide solutions for them.
B. Our 24/7 customer support service should be contacted for any troubleshooting. Customer support service should be informed in the event the customer's system crashed for any reason, in order for the customer to be entitled to claim a refund. If the support team is not contacted, a refund will NOT be made.
This reduces all problems to technical difficulties which will be researched and solved.
ErrorSafe Inc. is not responsible for any help the customer gets from third party technicians. Also any actions taken by the customer are made at his or her risk.
C. Some of our products may be unsuited to run with other software. We have the right to uninstall incompatible products. We will notify our customers before uninstalling such products. A customer CANNOT claim a refund if the reason is a requisition or removal of conflicting software.
Coexistence of some products may lead to many unsatisfactory effects as well as to slow the customer's system. That is why the usage of ErrorSafe requires the uninstallation of products which represent a risk to the system.
(Comments - This gives "WinFixer" AKA "ErrorSafe" the right to uninstall any anti-spyware program because it interferes with "ErrorSafe". Indeed. Most Anti-Spyware programs will remove "WinFixer"/"ErrorSafe". If you happen to accidentally install WinFixer/ErrorSafe you may lose your anti-spyware program or other programs and you have no recourse because by installing WinFixer/ErrorSafe you are giving them permission to uninstall anything they want from your computer and you cannot get a refund for ErrorSafe/WinFixer )
D. Customers CANNOT demand a refund on Software if the problem is not related to that particular software. We declare the functionality of all Software we sell. Refunds will not be granted on the grounds of the Software not performing any function it was not originally intended to perform. The issues the customer faces can be related to the interaction of the Software with different systems or other software. ErrorSafe Inc. is not responsible for any harmful interactions.
In this case the Technical department will analyze the customer's system data and reports possible reasons for the problem.
E. We are not liable if the customer's system was restored or repaired and a refund will NOT be made in such a case.
In a few cases, protection-related ErrorSafe cannot deal with overloaded and damaged systems. In such cases, the ErrorSafe Inc. is not responsible.
F. ErrorSafe Inc. cannot be held responsible for actions performed by the customer when not using our Software.
G. If the customer has problems downloading ErrorSafe he or she may contact the customer support service which will provide them with an alternative method within 72 hours after the complaint was filed. Declaring a refund is NOT possible without installing and a 7-days trial procedure.
H. Partial refunds for defective ErrorSafe may be granted if the product has been acquired as part of a bundled purchase.
I. Refunds will not be given because of wrong or improper software settings set. Instructions on correct settings are described in the manual and can be also requested through the software's web site or Customer Support Service.
J. Refunds will not be given for not providing software burned on CD or any other media. There is no charge for CD cost or shipping. The customer can record software downloaded from Internet to CD or any other media for non-commercial purposes.
K. Monthly subscription customers may only claim for refund for following months or within the first five days of the current month. Refunds will not be given for previous months.
3. Content Updates
Certain ErrorSafe Inc. products utilize content that is updated from time to time (antivirus products utilize updated virus definitions; content filtering products utilize updated URL lists; firewall products utilize updated firewall rules; vulnerability assessment products utilize updated vulnerability data, etc.; collectively, these are
referred to as "Content Updates"). You may obtain Content Updates for any period for which You have purchased a subscription for Content Updates for the ErrorSafe (including any subscription included with Your original purchase of the ErrorSafe ), purchased upgrade insurance for the ErrorSafe , entered into a maintenance agreement that includes Content Updates, or otherwise separately acquired the right to obtain Content Updates. This license does not otherwise permit You to obtain and use Content Updates.
4. Limited Warranty
ErrorSafe Inc. warrants that the media on which ErrorSafe is distributed will be free from defects for a period of sixty (60) days from the date of delivery of ErrorSafe to You. Your sole remedy in the event of a breach of this warranty will be that ErrorSafe Inc. will, at its option, replace any defective media returned to ErrorSafe Inc. within the warranty period or refund the money You paid for ErrorSafe . ErrorSafe Inc. does not warrant that ErrorSafe will meet Your requirements or that operation of ErrorSafe will be uninterrupted or that ErrorSafe will be error-free.
ErrorSafe setup procedure may uninstall some products or some components in order to avoid their incompatibility with the Software being installed.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
5. Disclaimer of Damages
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ErrorSafe Inc. OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE ErrorSafe EVEN IF ErrorSafe Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL ErrorSafe Inc. OR ITS LICENSORS' LIABILITY EXCEED THE PRICE OF PURCHASE OF ErrorSafe . The disclaimers and limitations set forth above will apply regardless of whether You accept ErrorSafe .