License Agreement (EULA)
What is the EULA for VuuPC, You're Always a Click Away!?
The following License Agreement have been republished from vuupc.com/terms.html and/or the program's installer.
Important, if you have VuuPC, You're Always a Click Away! installed on your computer or you plan on installing it, please read the Terms below very carefully as there are potential issues that you should understand.
Recommendation: Remove VuuPC, You're Always a Click Away!
End User License Agreement
NOTICE TO USER: THE TERMS BELOW ARE A BINDING AGREEMENT. BY CLICKING "I ACCEPT" BELOW OR BY DOWNLOADING, INSTALLING OR ACTIVATING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING, INSTALLING OR ACTIVATING THE SOFTWARE. YOU UNDERSTAND THAT YOU WILL BE INSTALLING CERTAIN SOFTWARE ON YOUR COMPUTER SYSTEM, AND YOU EXPRESSLY CONSENT TO SUCH INSTALLATION ON YOUR COMPUTER.
Grant of License. VuuPCÂ® Limited ("Licensor") grants you a non-exclusive license to use the VuuPCÂ® software with which this license is distributed (the "Software"), including any documentation files accompanying the Software ("Documentation") and any upgrades, modified versions or updates of the Software which may be provided to you by Licensor or any of its distributors.Services. The Software allows you or third parties remote access to your computer, platform or mobile device (collectively, "Devices") through the internet ("Services"). By installing any Software on any Device or by using the Software to access any Device remotely, you represent and warrant that you have all rights to access such Device (and all files, data programs and other information ("Data") on such Device) remotely through the Software. If you allow any third party to access any Device through the Software, you represent and warrant that you have all rights necessary to grant such third party remote access to the Device and to access, use or download any Data that such third party may access, use or download. Licensor accepts no responsibility or liability for your breach of these representations, and you shall indemnify Licensor for your breach thereof. Licensor makes no representation or warranty that you can use the Software together with any particular Device or Data. Licensor makes no warranties regarding the availability of the Services, and Licensor may choose to cease provision of the Services at any time, according to its sole discretion. The Software may cease providing all or some functionality in the event the components of the Software are modified or deleted.Security. The Software grants you remote access to Devices on which you have installed it. VuuPCÂ® takes security measures to protect Data transferred during the remote access process. However, VuuPCÂ® can make no guarantee that such Data cannot be accessed by third parties. any use of the Software is at your own risk, and VuuPCÂ® shall have no liability in respect of the unauthorized access of any data by third parties. You should ensure that your VuuPCÂ® username and password (or other login information) are secure. Your Device and all Data on such Device is at risk if you let someone use your account inappropriately. You should not reveal your password to other users. Licensor will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to immediately notify Licensor of any unauthorized use of your VuuPCÂ® account or password. Licensor will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Licensor harmless for any improper or illegal use of your account.Ownership. You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this End User License Agreement (the "Agreement") remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Licensor or its licensors. Any other use of the Software (or any component thereof) by any other entity is strictly forbidden and is a violation of this Agreement. All rights not granted to you herein are reserved to Licensor. You may not remove any proprietary notice of Licensor or its licensors from any copy of the Software or Documentation, or any component thereof. All copyright notices must be retained at all times.Restrictions. As a condition of your use of the Software and Documentation, you may not:
Use the Software to defame, libel, disparage, threaten, harass, intimidate or abuse anyone or promote violence;Use the Software to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component;Violate the contractual, intellectual property or other rights of any party;Promote or perpetrate any illegal activity, including non-authorized access to Devices or Data, or non-authorized download or distribution of any Data;Publish, display, disclose, rent, lease, modify, copy, loan, distribute, or create derivative works based on the Software or any component thereof, whether for commercial or non-commercial purposes;Reverse engineer, decompile, translate, adapt, or disassemble the Software or any component thereof;Attempt to create the source code from the object code for the Software or any component thereof;Transmit the Software or any component thereof over any network or between any devices;Sublicense, further distribute, or permit use of the Software or any component thereof by more than one user; orAttempt to disable or circumvent any activation protection mechanism accompanying the Software or assist third parties to do so.
No Warranty. The software and documentation is provided "AS-IS". Licensor expressly disclaims any warranties (including with regard to the performance of the software) and without limitation, express or implied warranties of merchantability, fitness for a particular purpose or non-infringement. Licensor does not warrant that the software or documentation will meet your requirements, that the operation of the software will be continuous or error-free, that the software will operate as intended or at all under all conditions, that any defects in the software will be corrected by licensor, that the software or documentation will not infringe a third party's intellectual property rights or that any modifications to or enhancements of the software or documentation will be provided by licensor.Indemnification. You shall indemnify Licensor, its affiliates, employees, officers, directors and agents from and against any and all third party allegations (even though such allegations may be false, fraudulent or groundless) asserted in any claim, action, lawsuit, investigation or proceeding, whether actual or alleged arising out of or related in any way (i) a breach by you of Sections â€Ž2 (Services), 3 (Security) or 5 (Restrictions) hereof; (ii) a violation by you of any patent, trademark, copyright, domain name or other intellectual property right or any law, regulation or court order. Your choice of counsel must be reasonably satisfactory to Licensor. You shall have control over the defense of all claims, except that you shall not settle or compromise claims that impose any obligation on Licensor without its prior written consent. Licensor may participate in the defense of all claims with counsel of its own choice at its own expenseLimitation of Liability. Licensor's shall not have any liability arising out of the sale, supply or use of the software, whether based upon warranty, contract, tort or otherwise. In no event shall licensor be liable to you or any other entity for indirect, special, incidental or consequential damages (including, but not limited to, loss of profits, loss of data or loss of use damages), including arising out of the manufacture, supply, sale or use of the software, even if licensor has been advised of the possibility of such damages or losses. Termination. Licensor may suspend or terminate your account or this Agreement at any time if (i) you violate its terms, including by displaying or transmitting infringing or illegal material; (ii) Licensor is unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) Licensor decides in its sole discretion to cease offering the Software or Services. Upon termination, you must immediately destroy or return to Licensor the Software and Documentation. Sections â€Ž2 (Services), â€Ž3 (Security), â€Ž4 (Ownership), â€Ž5 (Restrictions), â€Ž6 (No Warranty), â€Ž7 (Indemnification), â€Ž8 (Limitation of Liability), and all other provisions intended to survive the termination or expiration hereof, shall survive the termination or expiration of this Agreement for any reason.Software Updates; Toolbar; Changes. The installation and use of the Software is currently not for charge, but Licensor may begin charging for the installation or use of the Software or part thereof at any time. Licensor reserves the right to update or modify the Software at any time, from time to time in its sole discretion, including without limitation to increase or change functionality. You understand the installation of the Software is concomitant with the installation of a toolbar in your browser. Such toolbar is an integral part of the Software, and you agree that Licensor may install and update any such toolbar in your browser. Licensor may modify the toolbar, according to Licensor's commercial requirements. You understand that installation of the Software may be accompanied by a change in your browser home page, certain computer settings and the redirection of certain Internet search traffic. By installing or using the Software you expressly agree that Licensor may perform the actions enumerated in this Section 10.Compliance with Laws. You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations, in connection with their performance, access and use of the Software and the Services. Licensor does not guarantee that the Software and Services shall be appropriate or available for use in any particular location and you are responsible for compliance with local laws to the extent applicable.High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Software or Services could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor specifically disclaims any express or implied warranty of fitness for High Risk Activities.Publicity. Licensor shall have the right to publish the identification of you as a user of the Service. You agree that Licensor may use any logo or name associated with you on Licensor's web site and other marketing materials in order to identify you as Licensor's customers.Beta Version. This Section 14 applies with respect to any Beta version of the Software made available to you for testing and feedback. You acknowledge that the Beta version you are evaluating may contain bugs, errors and other problems and is provided to you on an "as-is" basis. You further acknowledge the importance of communication between you and Licensor during your use of the Beta Services and hereby agree to receive related correspondence and updates from Licensor. During the Beta program, you may be asked to provide feedback regarding the Software and Services and you hereby grant to Licensor a perpetual, royalty-free, sublicensable through multiple tiers of sublicensees, worldwide license to use and incorporate such feedback into any Licensor product or service at any time at the sole discretion of Licensor.Modifications. Licensor may modify this Agreement from time to time at its sole discretion, and shall modified Agreement shall be available at www.VuuPC.com website and shall be effective immediately to your use of the Software. You should check often to see if Licensor has modified this Agreement. Licensor shall provide you with a copy of any significant modifications to this Agreement, including without limitation via email, and such modifications shall be effective immediately upon your receipt thereof.General. This Agreement shall be construed, interpreted and governed by the laws of England without regard to conflicts of law provisions thereof. Any action, suit or other proceeding arising under or relating to this Agreement shall be brought in a court of competent jurisdiction in London, England, and the parties hereby consent to the sole jurisdiction of such courts. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect and be interpreted so as to reasonably effect the intention of the parties. Any other agreement between the parties must be in writing and signed by an authorized VuuPCÂ® representative.
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