The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
By downloading or using the AutoRun Wizard, You
are agreeing to be bound by the terms and conditions of this Agreement. If You
do not agree to the terms of this Agreement, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs
your use of AutoRun Wizard made available to You by the Company.
AutoRun Wizard is licensed, not sold, to You by the Company for use strictly
in accordance with the terms of this Agreement.
The Company grants You a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Application strictly in accordance
with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this
Agreement.
This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the
Company, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Application
and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application
and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or
remedies at law or in equity in case of breach by You (during the term of this
Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf
of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the
information, content, and materials or products included thereon; (ii) that
the Application will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Application; or (iv) that the Application, its servers, the content, or
e-mails sent from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law. To the extent any
warranty exists under law that cannot be disclaimed, the Company shall be
solely responsible for such warranty.
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Application or through the Application or 100 USD
if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in connection
with any provision of this Agreement), even if the Company or any supplier has
been advised of the possibility of such damages and even if the remedy fails
of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to You.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Company reserves the right, at its sole discretion, to modify or replace
this Agreement at any time. If a revision is material we will provide at least
30 days' notice prior to any new terms taking effect. What constitutes a
material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.