End User License Agreement

This End-User License Agreement (the "License" or "Agreement") is between WeDownload Ltd Ltd (12296341S), a limited liability company registered in Cyprus and having its registered address at Agiou Prokopiu Street, 13 2406 Egkomi, Nicosia, Cyprus, Europe (hereinafter "WeDownload") and the end user ("You").

1. Consent
By installing the WeDownload Software and by marking the "I accept the terms of the License Agreement" checkbox, You are deemed to and do consent to be bound by and become a party to this License and You represent that You have the authority to enter into this Agreement.
If You do not agree to be bound by all of the terms of this Agreement click the 'Cancel' button and do not install the WeDownload Software. If You purchased a license to the WeDownload Software on tangible or intangible media without the opportunity to review this License and You do not accept this Agreement, You may obtain a refund of the amount You originally paid if You (i) do not use the WeDownload Software and (ii) return it to the vendor from which it was acquired, or to WeDownload, together with proof of payment within thirty (30) days from the date of purchase. WeDownload has no obligation to make or cause a refund if the vendor is not authorised by WeDownload to sell or resell this License or to distribute the WeDownload Software. For the purposes of this Agreement, "WeDownload Software" shall mean the software displaying this License, any Upgrade thereof granted during the Term, Documentation and any Copies You are permitted to make under this Agreement, excluding Third Party Software. WeDownload recommends that You keep a copy of this Agreement for Your records.

2. Grant of the License
Subject to the terms and conditions of this License, and subject to payment of applicable fees ("License Fee"), WeDownload grants You a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the Term and solely for Your own private use, three (3) Copies of the WeDownload Software and related written materials in either printed text or machine readable version (the "Documentation"). Any use of more copies of the WeDownload Software than are licensed is prohibited. The license for the WeDownload Software may not be shared by alternating use of the WeDownload Software between different computers. Following expiry of the Term, You may keep one copy of the WeDownload Software under the terms of the last License that You accepted. These limitations apply even if You receive the WeDownload Software on multiple media (e.g. electronic download and CD). For the purposes of this Agreement, "Copy" shall include the original installation of the WeDownload Software. You shall not allow and shall prevent others from making or obtaining copies of the WeDownload Software.

3. License Restrictions
Unless specifically permitted in terms of this Agreement, You may not (i) copy, reproduce, change, modify, create a derivative work thereof, reverse compile or reverse engineer, disassemble, decompile or otherwise attempt to extract the source code or internal data of the WeDownload Software or any part thereof; (ii) remove or in any way obscure any ownership or trademark notices on the WeDownload Software; (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise commercially exploit the WeDownload Software; (iv) circumvent any serial number or any other mechanism used or deployed by WeDownload to protect the WeDownload Software against unlicensed use, copying or distribution; (v) post or otherwise make available, the WeDownload Software or any portion thereof, including the serial number, on the Internet or other publicly available forum; (vi) export or re-export the WeDownload Software or any underlying information or technology in violation of the export laws of the United States, the European Community or any other applicable laws or regulations; or (vii) make any use of such WeDownload Software in any way that violates any applicable law.

4. Licensed Copies and Networks
Any simultaneous storage, maintenance, or use of the WeDownload Software is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use or to pay an additional fee according to the number of users with access to a network enabling use of the WeDownload Software by multiple computers simultaneously.

5. Upgrades and Content Updates
WeDownload may provide You with Upgrades and/or Content Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, "Upgrade" means a new version of the WeDownload Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by WeDownload to improve or to add to, delete or otherwise modify any aspect of the WeDownload Software; and "Content Update" means an update of the content used by the WeDownload Software that might need to be updated from time to time. Upgrades and/or Content Updates may be provided by WeDownload via on-line services. This License does not otherwise permit You to obtain and use Upgrades and/or Content Updates. Note: The WeDownload Software may require Content Updates in order to work effectively.

6. Evaluation Copy
You may be granted an evaluation copy of the WeDownload Software free of charge (the "Evaluation Copy"). Certain features and/or functionality of the WeDownload Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the WeDownload Software, You must pay the License Fee and input a valid serial number. Upon such actions being taken, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety. Clauses 3, 10, 11, 12, 13, 14, 15, 16, 20 and 21 shall apply equally to an Evaluation Copy.

7. Activation and other Technological Measures
When You purchase a license You will be provided with a serial number. You must activate the WeDownload Software by entering the serial number as prompted by such Software. There may be other technological measures, including enforcement technology, in the WeDownload Software that are designed to prevent unlicensed or illegal use. You agree that WeDownload may use these measures in its reasonable discretion.

8. Scan Results
Scans conducted with this software may detect computer errors that occur as a natural consequence of routine use of the Microsoft Windows Operating System, as well as other errors that could have a detrimental effect on the operation of your computer. In some instances, one or more errors identified in the scan may be harmless and will not damage the health, performance, or operation of the computer system. Certain computer errors may consistently reappear and thus will be repeatedly detected by the software. Scans conducted with this software may also detect one or more files that are harmless, the presence of which will not damage the health, performance, operation, or privacy of your computer system.

9. Intellectual Property Protection
The WeDownload Software is protected by copyright, as well as other intellectual property laws both nationally and under international treaty provisions. Notwithstanding anything else, the WeDownload Software is licensed and not sold. This License does not give You any intellectual property rights in the WeDownload Software or any Third Party Software, and does not grant You any license, right or interest in any trade mark, trade name or service mark of WeDownload or any other third party. WeDownload owns and retains all right, title and interest in and to the WeDownload Software, all Copies or portions of the WeDownload Software, and any derivative works thereof.

10. Limited Warranty
The WeDownload Software is provided to You under this License on an "as is" basis, without warranty or representation of any kind. The WeDownload Software is provided as general purpose software and not for Your particular use. You accept that WeDownload and its suppliers do not represent or warrant that the WeDownload Software will meet Your requirements or be error or defect free or that any defects in the operation or functionality of the WeDownload Software will be corrected. WeDownload further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to thirty (30) days or to the shortest period permitted by applicable law, whichever is the greater. Your use of the WeDownload Software is at Your sole risk and You are responsible for any decisions made and actions taken based on the WeDownload Software, irrespective of any recommendations offered by such Software. WeDownload makes no representation regarding Third Party Software which may be accessed through or included with the WeDownload Software.

11. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL WEDOWNLOAD OR ITS SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OR THE INABILITY TO USE THE WEDOWNLOAD SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE IN CONNECTION WITH ANY ASPECT OF THIS SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF WEDOWNLOAD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF WEDOWNLOAD OR ITS SUPPLIERS WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEDOWNLOAD SOFTWARE ("LICENSE FEE"). YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations might not apply to You.

12. Indemnity
You will indemnify and hold WeDownload harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to Your use of the WeDownload Software. Your obligations under this section shall survive the expiration or termination of this Agreement.

13. Privacy
You agree that WeDownload may collect and use information transmitted through the WeDownload Software to improve its products and services. Any personal information pertaining to You, which may be held by WeDownload (e.g. further to support services provided to You) shall be processed in accordance with the WeDownload Privacy Policy, as it exists at any relevant time. You may access our Privacy Policy at any time at http://www.wedownload.com/.

14. Third Party Software
Other third party software may be distributed together with the WeDownload Software (the "Third Party Software"). Any and all such Third Party Software may require notices and/or be subject to different license terms. Such required Third Party Software notices and license terms, if any, may be accessed in the folder titled "Third Party Terms" located in the application directory of the WeDownload Software, or through the Third Party Software itself. By accepting this License Agreement, You are also accepting the license terms, if any, under which the Third Party Software is made available. You will not enter into a contractual relationship with WeDownload regarding such Third Party Software and WeDownload accepts no responsibility for Your use of same.

15. Support
WeDownload may provide You with support services related to the WeDownload Software. Support may not be available in the language in which the WeDownload Software was acquired.

16. General Provisions
Any rights not expressly granted under this License are being reserved. This License is the entire agreement between You and WeDownload with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties. If any part of this Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.

17. Choice of Law
This Agreement will be governed by and construed under the Laws of Cyprus, Europe excluding any conflict of rules of law.

18. Venue For All Other Litigation
All disputes arising out of or in relation to this Agreement shall be submitted to the exclusive jurisdiction of the Courts of Cyprus, provided however, that WeDownload retains the right, at its option, to pursue any litigation arising from Your use of the WeDownload Software in Your national Courts if You are not a citizen of Cyprus.

last updated 11th of March 2013
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SmartPCFix update history

SmartPCFix is continuously improved through regular and automatic program updates. The main changes from one version to the next are mentioned as part of the product release notes.

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