IF YOU DO NOT AGREE TO THE TERMS OF ANY OF THE AFORESAID AGREEMENTS, CLICK THE "CANCEL INSTALLATION" OR "NO, THANKS" BUTTON AND THE INSTALLATION PROCESS WILL NOT BEGIN, OR DO NOT USE OR INSTALL THE SOFTWARE. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE THAT YOU ARE THE AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU ARE NOT, YOU AGREE THAT YOUR PARENT OR GUARDIAN HAS CLICKED THE "I AGREE - INSTALL" BUTTON AND HAS AUTHORIZED YOUR USE OF THE SOFTWARE.
YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION, INSTALLATION AND USE OF THE SOFTWARE.
1. GRANT OF LICENSE. Subject to the terms and conditions of these Terms, Soluto grants You a limited, personal, nonexclusive, nontransferable, non-sublicensable license to use, in binary executable form and script code form only, the Software, for your personal use.
2. Unless expressly stated to You by Soluto, this Software is currently provided to You free of charge. However there may be some charges to use or access all or certain premium or subscription content, products or services on or through the Software ("Chargeable Services"). The Chargeable Services may be subject to additional terms and conditions, which will supplement these Terms. You will need to agree to such additional terms and conditions in order to access any Chargeable Services. Soluto will give You notice for any required charges which will be clearly identified and will only be incurred by You if You explicitly consent to use such Chargeable Services according to its terms.
3. LICENSE RESTRICTIONS. Except as expressly and unambiguously permitted by these Terms, You may not, nor permit anyone else to, directly or indirectly: (i) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Software, (ii) copy or modify the Software either alone or in conjunction with any other product or program, (iii) decompile, disassemble or reverse engineer all or any portion of the Software, except and only to the extent , that such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or on the Software; or (v) use the Soluto name, logo, trademarks or other Marks (including but not limited to "Soluto" or "PC Genome") without prior written consent from Soluto. Any right not explicitly granted to You is reserved to Soluto or its licensors.
4. OWNERSHIP; COPYRIGHT PROTECTION. The Software is licensed, not sold. As between the parties, all title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Software, including all documentation related thereto, and to any reports generated thereby which, among other things, may summarize the performance of Your computer and provide recommendations for improving Your computer's performance ("Reports"), shall remain in Soluto, its affiliates, or their respective suppliers and licensors. Your possession, installation, or use of the Software or Reports does not transfer to You any title to the intellectual property in the Software or Reports, and You will not acquire any rights to the Software or Reports except as expressly set forth in these Terms. These Terms do not give You any rights not expressly granted herein. You may not copy the Software manual(s), on-line documentation, or any written materials accompanying the Software. All title and intellectual property rights in and to the content, which may be accessed through use of the Software, are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. These Terms grant You no rights to use such content.
5. REPRESENTATION OF LEGAL AUTHORITY. By downloading, installing and using this software, You agree that You have full legal authority to do so and to agree to these Terms. If You are agreeing on behalf of your employer or other third party, You represent and warrant that You have the full legal authority to bind your employer or third party to these Terms, and that You have the full legal authority to download, install and use this software. Do not install or use Soluto on any computers that You do not own unless You have express permission or approval to do so.
7. UPDATES; ADDITIONAL SERVICES. Soluto may, from time to time, revise or update its Software, to improve, enhance and further develop the Software. This may take the form of bug fixes, enhanced, reduced or changed functionality, new modules and completely new versions. Such updates and revisions will be provided to You in various ways which may include automatic updating without any additional notice to You. You agree to receive such updates (and permit Soluto to deliver these to You) as part of your use of the Software. You hereby acknowledge that certain features, modules and/or services of the Software, as currently available or may be offered to You in the future ("Additional Services"), may require your explicit acceptance and consent to additional terms and conditions governing these Additional Services. Soluto shall notify You upon such requirement, and provide You with the applicable terms and conditions of such Additional Services. Your access to such Additional Services shall be prevented and You shall have no right to make any use of such Additional Services until You have separately accepted to be bound by their respective terms and conditions.
8. TERM AND TERMINATION. These Terms shall continue until terminated as set forth in this section. You may terminate these Terms at any time by removing the Software from your system and destroying all copies of the Software and documentation relating to the Software. Unauthorized copying or unauthorized use of the Software or otherwise failing to comply with these Terms will result in automatic immediate termination of these Terms and will make available to Soluto legal remedies.
Without prejudice to any other rights Soluto reserves the right to terminate these Terms and the license granted hereunder at any time and without warning or notice. Upon termination of these Terms, the license granted herein will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in Your possession or under Your control.
9. PRELRELEASE ALPHA OR BETA VERSION. PLEASE NOTE THIS IS A PRERELEASE VERSION OF THE SOFTWARE AND NOT ALL FEATURES MAY BE FULLY IMPLEMENTED OR REFINED. AS WITH ANY PRERELEASE VERSION, THERE MAY BE UNRESOLVED ISSUES DESPITE OUR BEST EFFORTS. DO NOT USE THIS VERSION OF THE SOFTWARE UNLESS YOU ARE COMFORTABLE USING PRERELEASE SOFTWARE.
10. THIRD-PARTY SERVICES OR SOFTWARE. Soluto may utilize, include or otherwise make available to You, third-party services or software that are subject to open source and/or third-party license terms ("Third-Party Software"). You acknowledge and agree that your right to use such Third-Party Software is subject to and governed by the terms and conditions of any open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of these Terms and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall govern your use of the relevant Third-party Software. You hereby confirm and acknowledge that the election to access services or third-party materials including any use of Third-Party Software, is made at your own risk and on your own initiative and You are solely responsible for such access, uses and compliance with any applicable laws, including but not limited to applicable local laws. Soluto does not warrant, endorse or guarantee any content, product, or service that is provided in connection with the Third-Party Software.
11. GOVERNMENT USE. If You are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Software by the Government shall be governed solely by the terms of these Terms.
12. EXPORT CONTROL. You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Soluto any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
14. DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" AND WITHOUT WARRANTY OF ANY KIND and Soluto, its owners, officers, directors, employees, contractors, licensees, licensors, partners, affiliates, assigns, agents, subsidiaries or related companies EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOLUTO DOES NOT WARRANT THAT ITS SOFTWARE OR SERVICE WILL OPERATE ERROR-FREE, THAT ITS SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS OR THAT SOLUTO WILL CORRECT ANY ERRORS IN THE SOFTWARE OR THE SERVICE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE OR THE SERVICE IS ASSUMED BY YOU INCLUDING, WITHOUT LIMITATION, ANY DATA CORRUPTION OR LOSS. SOLUTO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE SOFTWARE OR SERVICE, ITS DOCUMENTATION, REPORTS, USER INFORMATION, AND OTHER RELATED CONTENT OR SERVICES THROUGH THE SOFTWARE OR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICE ("RELATED MATERIALS"). SOLUTO DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED INACCURATE OR INCOMPLETE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
15. SOLUTO IS NOT FAULT-TOLERANT AND IS NOT DESIGNED FOR USE IN HIGH-RISK ENVIRONMENTS, SUCH AS MEDICAL ENVIRONMENTS OR OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SERVICE COULD LEAD TO DEATH OR PERSONAL INJURY (HIGH RISK ACTIVITIES).
16. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SOLUTO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSEES, LICENSORS, PARTNERS, AFFILIATES, ASSIGNS, AGENTS, SUBSIDIARIES OR RELATED COMPANIES, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR SERVICE, OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY SOLUTO, EVEN IF SOLUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLUTO IS NOT LIABLE FOR 1) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA OR 2) ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. THE LIABILITY OF SOLUTO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSEES, LICENSORS, PARTNERS, AFFILIATES, ASSIGNS, AGENTS, SUBSIDIARIES OR RELATED COMPANIES, FOR DAMAGES UNDER THESE TERMS SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO SOLUTO FOR THE SOFTWARE, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR USING THE SOFTWARE OR REPORTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. INDEMNITY AND HOLD HARMLESS. You hereby agree to indemnify, defend and hold Soluto, its owners, officers, directors, employees, contractors, licensees, licensors, partners, affiliates, assigns, agents, subsidiaries or related companies harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred as a result of or in connection with any demand, claims, action, suit, or loss arising as a result of (a) your use of Soluto's Site, Software or Services; (b) any breach of these Terms by You or any other user of the Service, (b) any fraud, misrepresentation, theft, destruction or manipulation of data by You or any other user of the Service; (c) any claim, action or allegation of infringement based on information, data, files or other content submitted by You or any other user of the Service; (d) any claims of credit card fraud, identity theft or other unauthorized use or misuse of personal data or other information gained as a result of your use of the Service, or anyone else's use of the Service; or any other type of claim, whether sounding in civil law, criminal law, or otherwise, arising out of your use of the Site, Software or Service. You agree to cooperate with Soluto in the defense of any demand, claim, action or suit.
18. JURISDICTION AND VENUE. The relationship between You and Soluto is governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Soluto agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yafo, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You hereby agree to service of process in accordance with the rules of such courts. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover costs and attorneys' fees.
19. MISCELLANEOUS. Soluto reserves the right to modify these Terms at any time by providing such revised terms to You or by publishing the revised terms on the Soluto's website. The revised Terms shall become effective within ten (10) days of such publishing or provision to You, whichever is the first to occur unless You expressly accept the revised Terms earlier. The express acceptance by You, or Your continued use of the Software after expiry of the notice period of ten (10) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Terms.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Further, the invalidity of any such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Any waiver of any provision of these Terms will be effective only if in writing and signed by Soluto. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Soluto and any action or conduct in violation of the foregoing shall be void and without effect. Soluto expressly reserves the right to assign these Terms and to delegate any of its obligations hereunder.
The provisions in the paragraphs labeled LICENSE RESTRICTIONS, OWNERSHIP; COPYRIGHT PROTECTION, FEEDBACK DATA AND USER-GENERATED CONTENT, TERM AND TERMINATION, PRELRELEASE ALPHA OR BETA VERSION, DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY AND HOLD HARMLESS, JURISDICTION AND VENUE and MISCELLANEOUS will survive any termination of these Terms.
YOU AND SOLUTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "I AGREE - INSTALL" BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.
Last revised: December 13, 2011