The following License Agreement have been republished from www.speed-check.me/eula.html and/or the program's installer.
PLEASE READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT") IS THE LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND REVIZER TECHNOLOGIES LTD ("we" or “us”) THAT GOVERNS THE USE OF AND ACCESS TO THE SPPEDCHECKAPP WEBSITE (AVAILABLE AT: http://speed-check.me/ (THE “Site”)) AND TO THE SPEEDCHECKAPP SOFTWARE AND APPLICABLE DOCUMENTATION (THE "Software"). BY CLICKING THE "I ACCEPT" BUTTON DURING THE INSTALLATION PROCESS OR BY OTHERWISE DOWNLOADING, COPYING OR INSTALLING THE SOFTWARE ON YOUR PERSONAL COMPUTER (PC) OR OTHER DEVICE AND/OR BY USING THE SOFTWARE, YOU AGREE AND APPROVE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RECOMMEND THAT YOU KEEP A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS.
IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT DO NOT DOWNLOAD, COPY OR INSTALL THE SOFTWARE OR ANY PART THEREOF, AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
Please note that the software is in beta stages, and thus problems, bugs and errors are expected to arise. We make sure to continually improve the software and to immediately fix any error, however we can provide no warranty of any kind to your use or reliance of the Software or Site.
The Software is an Internet speed checker, letting you know your web-browsing speed; it is provided to you free of charge but will be sponsored by Sponsored Content (together with the technical support, updates and upgrades will be herein refer to as the “Services”).
2. RESTRICTIONS ON USE. The Software is licensed to you, not sold. You may not: (i) sell, lend, rent, sublicense or otherwise copy or transfer the Software to others; (ii) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; (iii) except as permitted herein, share or permit others to use the Software or transfer the Software or rights to use it; (iv) delete or modify any attributions, legal notices or other proprietary designations or labels on the Software, or on any third-party software/material contained therein; or (v) use the Software by itself or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the Software. Any such forbidden uses shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to us, to our licensors or to any third party at law or in equity.
3. PERMISSIONS. By installing the Software you are giving us your express permission to: (a) scan your operating system and installed software to ensure compatibility of the Software with other software installed on your computer and to otherwise avoid collision of functionality; (b) operate in a proxy configuration as part of the Software and the Services (as defined under sections 1 to this License Agreement). Proxy is a server that acts as an intermediary for requests from clients seeking resources from other servers. If you wish to revert such proxy configuration to its original state, you have to completely uninstall the Software or use the opt out option that will be provided to you by us within some of the Services; (c) we may, now or in the future, use features or components to counter third party attempts to modify or replace your proxy configuration without notifying you or get your permission to do so; Such third parties may include (without limitation) malicious programs and other harmful code that, in some cases, may compromise your system (collectively or in separate “Un-permitted Access”). You are hereby giving us your permission to use such features automatically without prior notification to you. Such features and components will act to protect your then-current proxy configurations, however we cannot guarantee 100% success and in no case we will be responsible for any Un-permitted Access or changes made to your system preferences or proxy configurations or to any damage that might have been caused to you due to Un-permitted Access; (d) to install automated updates to the Software on your computer as set forth in section 7; (e) place a small icon of the Software in your operating system’s icon tray, from which you will be able to operate the Software.
4. TITLE AND OWNERSHIP; You acknowledge and agree that the Software, including any versions, revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and any copies you are permitted to make under this License Agreement are owned by us or our licensors, and are protected under copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in and/or attached or connected or related to the Software, are and shall remain owned solely by us and/or our licensors. This License Agreement does not convey to you any interest in or to the Software, but only a limited, revocable right of use in accordance with the terms of this License Agreement. Nothing in this License Agreement constitutes a waiver of our intellectual property rights under any law. We own all rights and title of our logos, text, design, general “look and feel” and trademarks; no right, license, or interest in any such trademarks is granted hereunder.
5. ADVERTISEMENTS AND SPONSORED CONTENT; During your use of the Software you will be served and displayed with third party advertisements and other sponsored links (collectively “Sponsored Content”). We have no control and take no responsibility for the content of this Sponsored Content and the sites or applications to which they may direct and any use or engagement with Sponsored Content shall be govern by the content provider’s terms and conditions.
6. UPDATES/UPGRADES; We may or may not notify you at our discretion of available updates or upgrades. You hereby agree and acknowledge that we will periodically install automated updates without priory notify you and without any action on your part. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software, maintain software compatibility, provide security updates, bug fixes or other Services or offer new features, functionality or versions.
7. CHANGES TO SOFTWARE OR LICENSE AGREEMENT; We reserve the right to change, modify, suspend, or discontinue any aspect of the Software or related Services at any time. We may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability. We reserve the right, at our sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of this License Agreement at any time, including without limiting the availability of any feature of the Software. Material changes will be disclosed to you through the Software and the Services. Your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your complete and irrevocable acceptance of any and all such changes.
8. NO WARRANTIES; The Software provided to you for no cost and sponsored by advertisements and commercial offers. THE Software AND THE Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE Software OR Services: (A) WILL BE ERROR OR DEFECT FREE OR OTHERWISE FREE FROM ANY INTERRUPTIONS OR OTHER FAILURES; (B) WILL PROVIDE ACCURATE AND COMPLETE RESULTS AT ALL TIMES; (C) FREE FROM MALFUNCTIONS OR OTHER ERRORS OR THAT ANY ERROR WILL BE IMMEDIATELY FIXED; (D) WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Software OR Services REMAINS WITH YOU. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE Software WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR COMPLETE, NOR DO WE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
9. LIMITATION OF LIABILITY; UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL WE OR OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO US, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Software. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE Software IS TO IMMEDIATELY UNINSTALL OR CEASE USE OF THE Software. OUR TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED 50 US DOLLARS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
10. TERM AND TRMINATION; This License Agreement becomes effective upon the earlier of your receipt or installation of the Software until terminated by either you or us (the “Term”). You may terminate your relationship with us at any time by completely uninstall the Software from your computer through your add/remove program list. Furthermore, your failure to comply with the terms of this License Agreement or any other agreement you have with us shall terminate your license and this License Agreement. Upon termination of this License Agreement the license granted to you in this License Agreement shall automatically expire and you shall discontinue all further use of the Software.
11. INDEMNIFICATION. You agree to indemnify, defend and to hold us and our partners, licensors, officers and employees harmless from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of your access or unauthorized use of the Software and/or any activities or actions by you that violate this License Agreement or any third party rights or terms and conditions.
12. GENERAL PROVISIONS.
12.2. Waiver: Any failure of us to exercise or enforce any right or provision of this License Agreement will not operate as a waiver of such right or provision.
12.3. Governing Law: This License Agreement shall be solely governed by the laws of the state of Israel, and any conflict or dispute with regard to this License Agreement may be solely brought to the competent courts of the Tel-Aviv-Jaffa District.
12.4. The section titles in this License Agreement are for convenience only and have no legal or contractual effect.
12.5. Assignment; we may assign this agreement to a third party or to our successors, subsidiaries or sister or mother company, or in a case of merger or acquisition of our company;
12.6. This License Agreement operates to the fullest extent permissible by applicable law. If any provision of this License Agreement is unlawful, void or unenforceable, that provision is deemed severable from this License Agreement and does not affect the validity and enforceability of any remaining provisions.
12.7. FeedBack; we want your feedback. Feel free to contact us at: [email protected]
I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
If you have SpeedCheck installed on your computer, you can easily remove it by downloading "Should I Remove It?", its 100% FREE and installs in seconds (just click the download button below).