Smart Mac Care License Terms
These license terms are an agreement between Top PC Tools Software LLP and you. Please read them. These terms apply to the Smart Mac Care software ("SMC"), including the media on which you received it, if any. These terms also apply to any updates, supplements, and support services for SMC, unless other terms accompany those items. If so, those terms apply.
By selecting "I accept the agreement" or using SMC, you accept these terms. If you do not accept them, do not select "I accept the agreement" and/or do not use SMC.
SMC is licensed on a per computer basis. If you comply with this agreement, for each license you acquire, you may install and use one copy of SMC. You may not share a license you acquire nor may you install SMC on more computers for which you have purchased licenses.
(a) Full Retail Version
The license of SMC has 1 year validity. The licensed full retail version of SMC will contain full functionality and you will be provided support services in the English language and upgrades for the period which you purchased SMC (the "Term").
After 1 year (the "Term"), the license key of the program will stop working and the program will convert to the trial version. You will have to purchase another license key to continue using the full retail version of SMC.
(b) Evaluation Or Trial Version
If SMC is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Top PC Tools upon your acquisition of a full retail version of SMC. If SMC is an evaluation or trial version, you agree that Top PC Tools may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.
No Performance Warranty
Smart Mac Care specifically disclaims any representation or warranty for the amount of performance increase or utility provided by SMC. SMC will not necessarily increase performance or provide a utility benefit on your computer, and Top PC Tools makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for SMC are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall result in any performance increase or utility benefit from SMC.
If you give feedback about SMC to Top PC Tools Software LLP, you give it without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Top PC Tools to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
Scope of License
SMC is licensed, not sold. SMC is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use SMC. Top PC Tools Software LLP reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use SMC only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in SMC that only allow you to use it in certain ways. You may not: work around the technical limitations in SMC; reverse engineer, decompile or disassemble SMC, except and only to the extent that applicable law expressly permits, despite this limitation;
- work around the technical limitations in SMC;
- reverse engineer, decompile or disassemble SMC, except and only to the extent that applicable law expressly permits, despite this limitation;
- install on more computers or make more copies of SMC than specified in this agreement or allowed by applicable law, despite this limitation;
- separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER;
- publish SMC for others to copy;
- distribute SMC to any third party;
- rent, lease or lend SMC; or transfer SMC or this agreement to any third party.
- transfer SMC or this agreement to any third party.
- USE FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. Smart Mac Care specifically disclaims any express or implied warranty of fitness for such purposes.
- THIRD-PARTY SOFTWARE. SMC may contain or be provided with certain third-party components (including without limitation software subject to open source and third party license terms) (“Third Party Offerings”). If Top PC Tools Software LLP notifies Customer of any additional end user terms or open source or third party licenses (including, without limitation, in the Product Terms) for use of such products and services (“Third Party Terms”), then Customer agrees to comply with such Third Party Terms.
Top PC Tools may provide you with support services related to SMC. Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of SMC and subject to this agreement. Top PC Tools is responsible for order fulfillment only and will provide customer support during its normal business hours. Top PC Tools has contracted or may in the future contract with third parties to provide technical support for SMC.
U.S. Government Restricted Rights.
SMC and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of SMC by the U.S. Government shall be solely in accordance with the terms of this agreement.
SMC is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to SMC. These laws include restrictions on destinations, end users and end use. You agree not to export SMC to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.
DISCLAIMER OF WARRANTIES
SMC IS LICENSED "AS-IS" AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR THE RISK OF USING SMC. Smart Mac Care GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, Smart Mac Care EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMC IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND Smart Mac Care SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
Limitation on and Exclusion of Damages.
Top PC Tools Software LLP liability under this agreement is limited. You can recover from Smart Mac Care and its third-party suppliers only direct damages up to the greater of the amount that you paid for SMC OR U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to SMC, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Smart Mac Care knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
This agreement describes certain legal rights between you and Top PC Tools. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired SMC. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
Indian law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state courts located in Jaipur, Rajasthan, India.
LIMITATION OF IMPLIED WARRANTY OR CONDITION If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (SIXTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE SIXTY (60) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by Top PC Tools or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to Top PC Tools or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.
LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to Smart Mac Care in writing at Top PC Tools, E-73 Chitranjan Marg, C-Scheme, Jaipur-302001, INDIA within sixty (60) days of purchase. You agree that a failure to notify Top PC Tools of any such claim within this sixty (60) day claim period completely releases Top PC Tools of any responsibility, warranty or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.
EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to Top PC Tools and to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.
CUSTOMER REMEDIES. Top PC Tools and its suppliers' entire liability and your exclusive remedy shall be, at Top PC Tools option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Smart Mac Care's Limited Warranty and which is returned to Top PC Tools with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at Top PC Tools sole discretion). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or sixty (60) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Top PC Tools are available without proof of purchase from an authorized international source.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Top PC Tools or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Smart Mac Care has been advised of the possibility of such damages. In any case, Smart Mac Care's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. Smart Mac Care specifically disclaims any express or implied warranty of fitness for such purposes.
BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that Smart Mac Care cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY. Top PC Tools specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by Smart Mac Care that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Top PC Tools and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREEMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Smart Mac Care AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
Miscellaneous Silent Installation:
The Application can be installed without displaying the installation windows and without showing promotes.
Entire Agreement; Severability
This agreement and any amendments to it, and the terms for supplements, updates, and support services are the entire agreement for SMC and the support services. This agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.