License Terms & Agreement - Latency Optimizer FREE HOME
LATENCY OPTIMIZER LICENSE TERMS AND AGREEMENT FREE HOME VERSION
IMPORTANT:
DO NOT USE LATENCY OPTIMIZER UNTIL YOU HAVE READ THIS AGREEMENT. BY USING
LATENCY OPTIMIZER, YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
ACCEPT ALL OF THE TERMS OF THIS AGREEMENT DO NOT USE LATENCY OPTIMIZER.
This Software is not designed for solving connectivity issues, high latency and
low system performance caused by not proper functioning hardware or 3rd Party
Software, bad /weak lines or signals. Latency Optimizer won’t reduce high
Latency by ISP based issues and limitations and by not proper functioning or
configured Online Services like Games, Websites or Applications. This Software
is designed to optimize/tune Windows XP, Windows Vista, Windows 7 and Windows 8
Operating Systems on local workstations/laptops to archive a possible reduction
of high latency and other common system performance issues caused by not proper
configured settings and not periodically made system services. There is no
guarantee that Latency Optimizer will reduce high Latency, increase your
download and upload speed, optimize your ping and let your operating system
perform faster on your local workstation or Laptop.
This software
("Software") is licensed, not sold, to you for use only under the terms of this
License Agreement ("Agreement"). BADOSOFT ("Licensor") continues to own the
Software and reserves any rights not expressly granted to you.
1. GRANT
OF LICENSE.
The Licensor grants to you, subject to the terms and conditions
of this Agreement a nonexclusive, non-transferable right to use the Software.
This Agreement grants to you the right to install and use the Software on a hard
disk or other storage device on a single computer for free. You may copy the
Software in object code form only for archival and back-up purposes, provided
such back-up copy is not installed or used on any other computer. Ownership of,
and title to, the Software and any manuals, guides or any other printed material
that Licensor provided to you for use with the Software ("Documentation") is and
will be held by Licensor and its licensors.
2. PROTECTION OF SOFTWARE.
You agree to protect the Software and the Documentation from unauthorized
copying or use. You acknowledge that the source code for the Software and other
trade secrets embodied in the Software have not been, and are not going to be,
disclosed to you. Modifications of, additions to, or deletions from the Software
(including any deletion or addition of code) are strictly prohibited. Except as
specifically permitted in this Agreement, you agree not to, directly or
indirectly, (1) use any Confidential Information to create any software or
documentation that is similar to any of the Software or Documentation; (2)
reverse engineer, disassemble or decompile the Software; (3) encumber, transfer,
sublicense, rent, lease, time-share or use the Software in any service bureau
arrangement; or (4) copy (except as provided herein), distribute, manufacture,
adapt, create derivative works of, translate, localize, or otherwise modify
Software or permit any third party to engage in any of the acts proscribed in
clauses (1) through (4). You agree not to remove or alter any printed or
on-screen copyright, trade secret or other legal notices contained on or in the
Software or the Documentation.
3. OWNERSHIP.
Licensor retains all of
its respective rights, title and interest in the Software and the Documentation,
including without limitation any and all patents, patent applications,
copyrights, trade secrets, trademarks and other intellectual property rights,
and you agree not to take any action inconsistent with such title and ownership.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY CONTAIN CODE OR REQUIRE DEVICES
THAT DETECT OR PREVENT UNAUTHORIZED USE OF THE SOFTWARE.
4. DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY.
4.1 Disclaimer of Warranty.
YOU ACKNOWLEDGE THAT THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED
TO YOU ON AN "AS IS" BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
REGARDING THE SOFTWARE AND THE DOCUMENTATION, WHETHER EXPRESS OR IMPLIED, ORAL
OR WRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE
OF TRADE AND COURSE OF DEALING. LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
4.2 Limitation of Liability.
LICENSOR'S LIABILITY FOR DAMAGES
TO LICENSEE FOR ANY CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR
ACTION, SHALL NOT EXCEED THE AGGREGATE FEES PAID BY Y0U FOR THE SOFTWARE.
LICENSOR SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA,
INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR
OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION
OR THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW BADOSOFT TO LIMIT OR
EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE
IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH
WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN
ANY EVENT, BADOSOFT´S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND
CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF
A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR
THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE
AMOUNT YOU PAID FOR THE BADOSOFT PRODUCT YOU USE.
5. USER INFORMATION.
5.1 Registration.
Upon first run of the Software you will be required to
enter the unique alphanumeric user serial number and your email address
(connection to the internet is required for this, if you do not have an internet
connection contact support@badosoft.com )You are responsible for maintaining the
confidentiality of your serial number and email address and are liable for any
harm or loss resulting from disclosing or allowing disclosure of any serial
number or from use by any person of your serial numberemail address to gain
access to the Software. It is the user's responsibility to ensure that they can
establish a direct connection to the Badosoft server to login and download the
software.
5.2 Former Users.
Licensed Users whose accounts have been
terminated by Licensor may not access the Software in any manner or for any
reason without the express written permission of Licensor. Active Named Users
may not knowingly allow former Users who have been terminated to use the active
Licensed User's accounts.
5.3 Privacy
You acknowledge that Badosoft
collects and sends certain information to Badosft servers regarding the users of
the Software, including certain personally identifiable information as well as
certain information from the user’s computer, including a.) certain information
about your computer software and hardware such as your IP address, operating
system, information about the Software and its installed features, Web browser
software and version, b.) information about your computer’s system checkpoints,
which may include path, file and application names, c.) copies of applications,
files or programs that are deemed for possible causes of high latency ,
connectivity issues and decreasing of system performance such as associated
registry keys. You hereby consent to Badosoft´s collection and use of such
information, and agree that Badosoft´s collection and use of such information
will be governed by Badosoft Privacy Policy, currently published at
https://www.badosoft.com https://www.latencyoptimizer.com as Badosoft may revise
the same from time to time.
6. PAYMENTS.
This Software is provided to
you for a trial period and or free.
7. Support & UpdatesUpgrades.
As
long as Licensor generally offers to third parties licenses to use the Software,
Licensor will (1) maintain an e-mail address for responding to maintenance
issues and users questions and (2) provide generally offered updates or
enhancements of the Software and the Documentation that Licensor periodically
makes available to Licensed Users at no additional charge. Any updates or
enhancements to the Software delivered by way of support services shall be
treated for all purposes under this Agreement as Software and all intellectual
property rights therein shall be retained by Licensor.
8. TERM AND
TERMINATION.
This Agreement shall remain in force until terminated as
provided herein. You may terminate this Agreement at any time and for any reason
upon deletion of the Software from any computer or storage device. This
Agreement will also terminate if you breach any of the terms or conditions of
this Agreement. You agree that in the event of the termination of this Agreement
for any reason, your license rights to the Software and the Documentation are
immediately terminated. Licensor reserves the right without notice to disable
(including remotely) the Software in the event of a breach of this Agreement by
you.
9. U.S. GOVERNMENT RESTRICTED RIGHTS.
If the Software or
Documentation is acquired by or on behalf of a unit or agency of the United
States Government (the "Government"), the Government agrees that such Software
and Documentation is "commercial computer software" and "commercial computer
software documentation", respectively, and that absent a written agreement to
the contrary, the Government's rights with respect to such Software and
Documentation are, in the case of civilian agency use, RESTRICTED RIGHTS, as
defined in FAR §52.227.19, and if for the Department of Defence use, limited by
the terms of this Agreement, pursuant to DFAR §227.7202. The use of the Software
or Documentation by the Government constitutes acknowledgment of Licensor's
proprietary rights in the Software and Documentation. Contractor/manufacturer is
Licensor.
10. COMPLIANCE WITH LAWS.
You agree that you shall not
export or re-export, directly or indirectly (including via remote access),
Software, Documentation or other information or materials provided by Licensor
hereunder, to any country for which the United States or any other relevant
jurisdiction requires any export license or other governmental approval at the
time of export without first obtaining such license or approval. It shall be
your responsibility to comply with the latest United States export regulations,
and you shall defend and indemnify Licensor from and against any damages, fines,
penalties, assessments, liabilities, costs and expenses (including reasonable
attorneys' fees and court costs) arising out of any claim that the Software,
Documentation, or other information or materials provided by Licensor hereunder
were exported or otherwise accessed, shipped or transported in violation of
applicable laws and regulations. You shall comply with all laws, legislation,
rules, regulations, and governmental requirements with respect to the Software,
and the performance by Licensee of its obligations hereunder, of any
jurisdiction in or from which Licensee directly or indirectly causes the
Software to be used or accessed.
11. GENERAL.
11.1 Severability.
In the event that any provision of this Agreement shall, in whole or in
part, be determined to be invalid, unenforceable or void for any reason, such
determination shall affect only the portion of such provision determined to be
invalid, unenforceable or void, and shall not affect in any way the remainder of
such provision or any other provision of this Agreement.
11.2 Waiver.
The waiver by either party of a breach or a default of any provision of this
Agreement by the other party shall not be construed as a waiver of any
succeeding breach of the same or any other provision, nor shall any delay or
omission on the part of either party to exercise or avail itself of any right,
power or privilege that it has, or may have hereunder, operate as a waiver of
any right, power or privilege by such party.
11.3 Entire Agreement;
Amendment.
This Agreement constitutes the entire agreement between the
parties with regard to the subject matter hereof and supersedes all prior
understandings and agreements, whether written or oral, as to such subject
matter. No waiver, consent, modification or change of terms of this Agreement
shall bind either party unless in writing signed by both parties, and then such
waiver, consent, modification or change shall be effective only in the specific
instance and for the specific purpose given.
11.4 Assignment.
This
Agreement and the rights and obligations hereunder, may not be assigned, in
whole or in part by Licensee, without the prior written consent of Licensor. In
the case of any permitted assignment or transfer of or under this Agreement,
this Agreement or the relevant provisions shall be binding upon, and inure to
the benefit of, the successors, executors, heirs, representatives,
administrators and assigns of the parties hereto.
11.5 Legal
Badosoft
cooperates with law enforcement inquiries, as well as other third parties, to
enforce laws. We can (and you authorize us to) disclose any information about
you to law enforcement or other government officials as we, in our sole
discretion, believe necessary or appropriate, in connection with an
investigation of fraud, intellectual property infringements, or other activity
that is illegal or may expose us, service or content providers we work with, or
you to possible legal liability. Badosoft reserves the right to suspend or
terminate your access to all or any part of the Service at any time for any
reason without prior notice or liability. Badosoft may change, suspend or
discontinue all or any aspect of the Service at any time, including any feature,
database, or content, without prior notice or liability. Badosoft may revise
these Terms any time by updating this posting. By using this Web site you agree
to be bound by the then current terms of use. We suggest, therefore, that you
visit this page periodically to review the current terms of use.
11.6
Security
We are committed to protecting the information you provide us. To
prevent unauthorized access or disclosure, to maintain data accuracy, and to
ensure the appropriate use of the information, we have in place physical,
electronic and managerial procedures to safeguard the information we collect. We
use reasonable precautions to protect our users' personal information and to
store it securely. Sensitive information that is transmitted to us online (such
as credit card number) is encrypted and is transmitted to us securely. In
addition, access to all of our users' information, is restricted. Only employees
who need the information to perform a specific job are granted access to
personally identifiable information. Finally, the servers on which we store
personally identifiable information are kept in a secure environment.
11.7 Refund Policy
As this Software comes as a trial and or free version,
Badosoft does not offer any refund.
11.8 Fraud
Fraudulent Credit Card
Charges or Fraudulent Claims - All requests to negate charges are investigated
by our technical department and legal department. If you make a fraudulent claim
of unauthorized card usage, we will report this to the credit card services.
This report may result in cancellation of your card services, put negative
information on your credit report, and create possible criminal charges that may
be filed against you.
11.9 Indemnification
By using this Software,
you agree to indemnify, defend and hold BADOSOFT, its affiliates, and their
respective officers, directors, owners, agents, information providers and
licensors (collectively, the Badosoft Parties) harmless from and against any and
all liability, losses, costs and expenses (including attorneys' fees) incurred
by any Badosoft Party in connection with any claim arising out of any use or
alleged use of your password or online persona by any person, whether or not
authorized by you. Badosoft reserves the right, at its own expense, to assume
the exclusive defence and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with
Badosofts´s defence of such claim.
12. Law
This agreement shall be
exclusively governed by and construed in accordance with the laws of Croatia and
the Croatian Courts shall have exclusive jurisdiction over all disputes arising
out of the subject matter of this Agreement.
13. System Settings,
Registry Settings, Operating System Processes
By using Latency Optimizer you
agree that your System Settings, Registry Settings, Operating System Processes
will be modified, enabled or disbaled trought a.) automated processes and b.)
user input.
14. Usage of Cleaning Tools, Free Ram and Testing Tools
The usage of Cleaning Tools, Free Ram and Testing Tools is on your own risk.
Badosoft is not responsable for deleting, modifiying and loss of your datas.
15. Acknowledgments
You acknowledge that (a) you have read and understand
this Agreement; and (b) that this Agreement has the same force and effect as a
signed agreement.
IF YOU AGREE TO ALL OF THE FOREGOING, please continue
using Latency Optimizer FREE HOME
Terms and conditions 2014 Badosoft
d.o.o.
Article details
Article ID: 336Category: License Terms & Agreement of Latency Optimizer 4.0
Date: 2014.07.02
Views: 1323
Rating: 3 votes