Consumer Support Agreement
THIS AGREEMENT IS INTENDED FOR USE WITH CONSUMERS ONLY AND IS NOT SUITABLE FOR USE BY BUSINESSES OR ANYONE ACTING IN A BUSINESS CAPACITY. BY AGREEING TO THESE TERMS YOU ARE WARRANTING THAT YOU ARE A CONSUMER AND ARE NOT ACTING AS A BUSINESS.
1. AGREEMENT
In this Agreement, "the Product" means the software
product 'Find Junk Files'.
This Agreement is a legal agreement between you and
eyeClaxton Software, Incorporated (a incorporated company registered in Illinois with file number
67595564, ("eyeClaxton Software") in relation to the provision of support services for the Product,
which is licensed to you pursuant to a license agreement between eyeClaxton Software and you from
time to time ("License").
All support services provided by eyeClaxton Software to you will
be on the terms and conditions set out in this Agreement. By purchasing the support services, you are
deemed to agree to be bound by the terms and conditions of this Agreement.
2. LIMITS OF SUPPORT
eyeClaxton Software shall only provide support services
in respect of the most current version of the Product which you will be given
the opportunity to download from our website, from time to time, subject
to separate License terms.
[eyeClaxton Software shall only provide support services
up to and in respect of the number of Installations of the Product that you have
specified and paid for under this Agreement. You must purchase support services
in respect of all Installations of the Product made by you; where you fail to do
so this support agreement shall immediately terminate without notice, any
without refund or liability to you.
An 'Installation' is defined as:
(i) the installation of one copy of the Product on an
individual physical device which does not have Virtualization Capability (as
defined below); or
(ii) each instance of the Product which
is installed on a virtual machine operating on a device which has Virtualization
Capability.
Where one copy of the Product is installed on a server but is
accessible by multiple devices (whether physical or virtual), the Product shall
be deemed to be installed both on the server and on each such device and each
shall therefore be deemed an "Installation" for the purposes of this clause.
"Virtualization Capability" means making a single physical device
appear to function as multiple virtual resources.]
3. CANCELLATION RIGHTS
You may cancel this Agreement at any time
within seven working days of the date on which you receive our confirmatory
email (see paragraph 5 below). In this case, you will receive a full refund of
the price paid for the services. To cancel this Agreement you must inform us in
writing and we will process the refund due to you as soon as possible and, in
any case, within 30 days of the day you have given notice of your cancellation.
We will usually refund any money received from you back onto the card used to
pay.
4. YOUR OBLIGATIONS
You shall at all times:
°
keep full back up copies of all data;
° co-operate
with eyeClaxton Software in providing the support services by providing any assistance or
information that they require.
We only supply the services under this
Agreement for domestic and private use, and you agree not to use the services
for any commercial purpose.
5. TERM AND TERMINATION
This Agreement shall start on the date on
which eyeClaxton Software sends a confirmatory email to you confirming full payment of the
support fees and issuing your user account details, and shall continue for a
period of 1 year or for such other period as you may agree.
If you have
purchased a yearly subscription for support, at the end of the year and any
following year, this Agreement shall renew automatically for another year.
eyeClaxton Software (or its authorised agents or sub-contractors) will give you an
opportunity to cancel your subscription in advance of the renewal date and will
inform you of the renewal fees. Unless you notify eyeClaxton Software by email before
renewal that you do not want to renew, this Agreement will automatically
renew.
eyeClaxton Software may terminate this Agreement at any time upon written
notice to you. In such circumstances, eyeClaxton Software will issue a pro-rate refund back
onto the card originally used to pay. eyeClaxton Software may also terminate this Agreement
immediately and without refunding any payments to you if:
°
You fail to comply with your obligations under this
Agreement;
° You fail to make any renewal payment.
Upon termination of this Agreement your right to receive the support services shall automatically cease.
7. LIMITATION OF LIABILITY
7.1 Subject to the other
provisions of this paragraph 7, if eyeClaxton Software fails to comply with this Agreement,
it shall not be responsible for any losses that you suffer as a result, except
for those losses which eyeClaxton Software could reasonably foresee would result from its
failure to comply with this Agreement.
7.2 eyeClaxton Software
shall not be responsible to the other for losses that result from failure to
comply with this Agreement including, but not limited to, losses that fall into
the following categories:
(a) loss of income, profit or
revenue;
(b) loss of business;
(c)
loss of anticipated savings;
(d) loss of
data
7.3 This paragraph 7 does not include or limit in
any way eyeClaxton Software's liability for
(a) death or personal
injury caused by its negligence;
(b) fraud or fraudulent
misrepresentation;
(c)
any other matter for which it would be illegal or unlawful for it to
exclude or attempt to exclude its liability.
7.4
eyeClaxton Software's liability to you for losses suffered by you arising out of or
in connection with this Agreement (including but not limited to negligence)
shall be limited each year in total to the charges paid by you under this
Agreement in the year in which the liability arose.
7.5 The provisions of this paragraph 7 shall survive the termination of this Agreement howsoever caused.
8. GENERAL
° If any part of this Agreement is
found to be invalid, unlawful or unenforceable to any extent, the
term will, to that extent only, be severed from the remaining terms of this
Agreement and which will continue to be valid to the fullest extent permitted by
law.
° This Agreement may only be varied by
agreement in writing and signed by an authorised representative of
eyeClaxton Software.
° This Agreement sets out the whole agreement between
you and eyeClaxton Software in respect of software support for the Product This
Agreement only applies to eyeClaxton Software's contracts with consumers.
° You may not transfer any of your rights or
obligations under this Agreement to another person without our prior written
consent. eyeClaxton Software can transfer or sub-contract any of its rights or
obligations under this Agreement, but this will not affect your rights under
this Agreement.
° Any complaints you may have about our
services can be directed either by email to the same address you use to direct
your queries to or by letter to 1720 Kingston Circle, Carpentersville, Illinois,
60110.
° eyeClaxton Software shall not be liable or responsible
for any failure to perform or delay in performing its obligations under this
Agreement that is caused by an event outside its reasonable control.
° This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or its formation shall be governed by and construed in accordance with US law and submitted to the non-exclusive jurisdiction of the US courts.
Consumer Support Agreement was last revised on Saturday, February 19, 2011.
[Revision 1.00.1]