By choosing or clicking "I Agree" in the installation application of Registry Convoy™
or by choosing or clicking the "I Agree", "I Accept", "Yes" or any other button
or link which initiates the installation of the Registry Convoy™ software
application on your machine, you agree to be legally bound by the terms and conditions
that follow. Permission to install the software application, Registry Convoy™,
or its derivative product(s), if any, is granted only when these terms and conditions
are agreed to and stated herein. If you choose to install the software as indicated
above, you expressly agree to the terms and conditions contained in the following
text.
Our applications do not contain adware or spyware of any kind. Installation of the
Registry Convoy™ product and scanning of your computer is free of charge.
However, if and when the Registry Convoy™ product detects "Errors" as defined
below, on your computer and you wish to use Registry Convoy™ to remove the
unwanted software, application, or code, you must then purchase a copy of Registry
Convoy™, which includes the ability to clean your machine of the unwanted
software, application, or code.
This agreement is between you, who may herein after also be referred to as the "Licensee",
who has the authority to install the software, and Registry Convoy™, who may
herein after also be referred to as the "Licensor." This agreement will apply to
the downloaded software application and the installation program that will be used
to install the software, and all subsequent applications, updates and modifications
which may also be referred to collectively as the software.
1.0 Definitions and Description
1.0.1 During Registry Convoy™'s Pro detection process, you are free to override
the removal from your computer of any error.
1.0.2 "Error," as used throughout this agreement and the Registry Convoy™
application, refers to registry entries such as but not limited to; keys or values,
unused or redundant, Application Paths, Application Shortcuts, Help Indexes, Shared
Folders & Files, Startup Applications, System Configuration Files and Settings,
System Drivers, System Fonts, Uninstall Files, and other system settings and files
that may be harmful to a computer system or may slow down a computer system, which
have been located during the scan of the computer system using the Repair Registry
application.
1.0.3 The Registry Convoy™ application categorizes the software, applications
and code downloaded and installed on your computer by levels of severity.
1.0.4 The "Critical" severity level identifies conditions which could crash and
or slow down a computer and generally refers to the following application paths
which contain errors, are incomplete, no longer in use or otherwise redundant; System
Configuration, Startup Applications, System Drivers, System Fonts.
1.0.5 The "High Risk" severity level identifies conditions which could crash and
or slow down a computer and generally refers to the following application paths
which contain errors, are incomplete, no longer in use or otherwise redundant; Application
Paths, Application Shortcuts, Uninstall Files, Help Index The risk levels, "Critical
and High Risk", do not mean or imply any particular risk to your computer or data,
but are simply arbitrary labels we use.
1.0.6 Where the Registry Convoy™ application and this agreement refers to
keeping your computer "safe," or guarded from "harm," this refers generally to keeping
your computer clear from Errors as defined above. During Registry Convoy™
detection process, you are free to override the removal from your computer of any
"Errors" that are detected.
1.0.7 "Software" or "software application" refers to the software that will be installed
on your computer according to the terms and conditions of this license agreement,
including all subsequent updates and changes to this software at the discretion
of the Licensor.
1.0.8 The words "contract" and "agreement" can be used interchangeably within this
agreement. The meanings of all words will be those which are consistent with the
intent of this agreement, where this agreement's purpose is to limit, to the maximum
extent, any liability to the Licensor from any issues resulting from the usage of
the software by the Licensee.
1.0.9 The term "download" refers to the process of obtaining software from the Licensor's
servers via the Internet and storing it on your computer.
1.0.10 The term "install" refers to the usage of the installation program to install
the Licensor's software onto the Licensee's computer for usage by the Licensee.
1.1 License Uses - Personal
1.1.1 By agreeing to the terms and conditions of this agreement, acknowledged by
the actions stated above, the Licensor gives you, the Licensee, a non exclusive,
non commercial, non transferable, revocable, limited license to the software for
use on one personal computer, where the computer has no more than one microprocessor.
1.2 License Uses - Government1.2.1 The installation, use, or purchase of
the software by persons authorized to do so on behalf of the United States Government
is authorized only to the extent that the rights of such usage will not exceed the
minimum rights as written in FAR 52.227-19 and amendments there to, for "restricted
computer software". It is understood that this software is in fact, Commercial Software,
where the use of the term Commercial Software is defined in the FEDERAL ACQUISITION
REGULATION system. In addition, it is agreed that all other portions of this agreement
will apply to such usage.
1.3 License Restrictions
1.3.1 The licensee shall not allow any other person or entity to reverse engineer,
modify, decompile, disassemble, translate, or otherwise attempt to gain an understanding
of the internal workings of the software or attempt to create derivative works as
defined by the applicable Copyright Act.
1.4 Conditions of Use
1.4.1 The software may be updated by way of modifications, enhancements, or other
changes, which will be determined solely by the Licensor from time to time. Such
updates may or may not be available free of charge after 60 days has elapsed from
the time of initial installation and the Licensee agrees that the Licensor has no
obligation to provide any updates.
1.5 Ownership
1.5.1 It is hereby agreed and understood that the software, services, and documentation,
including but not limited to all rights, title, interest, trademarks, copyright,
intellectual property, works of art, logos, and music, are property of the Licensor
and are protected by proprietary rights, trade marks, service marks, copyrights,
international treaties, and laws protecting intellectual property rights. The term
intellectual property rights applies to anyone worldwide without being limited to
country or jurisdiction, and has the same meaning in this agreement as trade secrets,
copyright, patent rights, any rights not mentioned herein, and proprietary rights
without limitation. To be clear, it is agreed and understood that all rights are
reserved to the Licensor.
1.6 Electronic Signature, Records, and Agreements
1.6.1 You agree that by clicking or performing the action which initiates installation
of the application on your computer, you are entering into an legally binding contract
as evidenced by this action which is equivalent to submitting a legally binding
electronic signature as stipulated in the United States Electronic Signatures In
Global And National Commerce Act, P.L. 106-229 (also referred to as the "E-Sign
Act") but not being limited to this act alone. You are also agreeing to the
use of your electronic signature as defined herein on all transactions, which are
performed between you and Registry Convoy™, its products and its representatives.
You are also agreeing that you are waiving any rights under law that require an
original signature or the exchange of money to validate an agreement or contract.
You are also agreeing that all records of transactions that are stored by electronic
means have the same validity as original paper documents and that paper documentation
will not necessarily be retained for legal record keeping. The aforementioned rights
are being waived regardless of any applicable laws or regulations which may apply
to any country or jurisdiction worldwide that would normally require original signatures
and tangible documents.
1.7 Disclaimer of Warranty by Registry Convoy™
1.7.1 Although reasonable efforts are made to ensure that the software provided
will operate as intended on your computer by testing the software on numerous test
machines with different browsers and operating environments, Registry Convoy™
has no control over your computer or how the software will perform on your particular
machine. Therefore, use of the Registry Convoy™ software is at your sole risk.
The software is provided as is and without warranties of any kind, either implied,
expressed, or statutory, including and without limitation to any verbal warranties,
merchantability, fitness for a particular use or application, accuracy of application
or content, ability to operate or integrate into any particular system or environment,
non-infringement, title or custom.
1.8 Limitation of Liability
1.8.1.1 You acknowledge and agree that under no circumstances will the Licensor,
officers, directors, employees' parents, subsidiaries, agents, affiliates, contractors,
distributors, third party vendors, or any other party associated with or working
with the Licensor, collectively known as the "protected parties", be liable
to you or any third party for any and all direct, incidental, special, punitive,
indirect, consequential, or exemplary damages or other relief arising out of or
related to this agreement or to your use of or inability to use the software or
any unwanted or adverse effect of the software, without limitation. The protected
parties will under no circumstances be liable for lost profits, lost business or
lost opportunity, lost goodwill, or other tangible and intangible losses regardless
of the legal theory on which any claim is brought even if the company has been advised
of the probability of such damages or if such damage could have been reasonably
foreseen.
1.8.1.2 Some jurisdictions do not allow the exclusion or limitation of incidental
and consequential damages in which case the liability will be limited to the minimal
extent permitted by law taking into consideration the express warnings and disclaimers
in this agreement and that the user of the software has an obligation to minimize
any damages on his or her own, having been warned by virtue of the notices in this
agreement.
1.9 High Risk Activities
1.9.1 The software has not been designed, tested or verified for use on equipment
involved in high risk activities or in mission critical applications which require
extreme fault tolerance. Therefore, the software must not be used on any computers
that perform or communicate with computers which are involved in applications such
as, nuclear facilities, life support equipment, aircraft navigation, hazardous environment
controlling equipment, communication systems, weapon systems, or any other usage
or environment where human life or property may be at stake. Failure of this software
on computers which are utilized in these and other critical systems could lead to
death, personal injury, or sever property damage or environmental damage for which
the "protected parties", as defined elsewhere in this agreement, are not
responsible.
2.0 Indemnification
2.0.1 You expressly agree to indemnify and hold Registry Convoy™ and its associated
parties, (the "Protected Parties" as identified elsewhere in this agreement),
harmless from any and all claims or demands, including but no limited to attorneys'
fees made by you or any third party in connection with or arising from your use
of the software, your violation of any of the terms and conditions of this agreement
and the subsequent license to use the software, your violation of any applicable
laws, or your violation of any rights of another person or entity.
2.1 Governing Law: Consent to Jurisdiction
2.1.1 The laws of the Province of Ontario , Canada will govern this agreement and
the software license and the usage of the software. You agree that the laws of the
province of Ontario will govern all matters relating to or arising from this agreement
and the use or inability to use the software and that such laws will be applied
without regard to the conflict of laws provisions and you agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of York,
Ontario. The United Nations convention on the International Sale of Goods does not
apply to this software or the software license pertaining to this agreement.
2.2 Severability; No General Waiver
2.2.1 In the event that any one or more of the provisions contained herein or in
any instrument referred to herein shall, for any reason, be held to be invalid,
illegal or unenforceable in any respect, then to the maximum extent permitted by
law, such provision or provisions shall be judicially reformed consistent with the
Licensor's' intentions so as to be valid, legal and enforceable, and such
invalidity, illegality or unenforceability shall not affect any other provision
of this agreement or such other instrument contained herein. The failure of the
Licensor to exercise or enforce any right or provision of this software license
or any provisions under this agreement shall not constitute a waiver of such right
or provision.
2.3 Successor Agreements
2.3.1 The Licensor may change the terms of this agreement from time to time. The
Licensee agrees to check the Licensor's website, where the latest copy of the
agreement will be posted, for any material changes. The Licensee expressly agrees
that the continued use of any software provided by Registry Convoy™ after
the effective date of any change will constitute the Licensee's consent to any
such revised agreement. If at any time the Licensee does not accept any such revision,
the Licensee must remove the software from the computer it was installed on. If
the Licensee does not remove the software, this will indicate acceptance of the
current agreement, as posted on the Licensor's website for the software.
2.4 Term, Termination, Survival
2.4.1 Term
2.4.1.1 This agreement shall remain in effect on perpetuity unless it is terminated
as described below.
2.4.2 Termination
2.4.2.1 This agreement will immediately terminate in the event of any unauthorized
use including but not limited to unauthorized use, distribution, copying, modifications
or any other actions that are prohibited as outlined elsewhere in this agreement.
The Licensee may terminate this agreement at any time by erasing or destroying any
and all copies of the software and any products or works related to the software
which is in the Licensee's possession.
2.4.3 Effect of Termination
2.4.3.1 Upon termination, of this agreement, the rights and licenses granted to
the Licensee under this agreement will immediately terminate. The Licensee will
immediately erase and destroy all copies of the software in the Licensee's possession.
2.4.4 Survival
2.4.4.1 There are sections of this agreement that will survive its termination .The
sections entitled; License uses Personal; License uses Government; Ownership; Electronic
Signature, Records and Agreements; Disclaimer of Warranty by Registry Convoy™;
Limitation of Liability; High Risk Activities; Indemnification; Governing Law: Consent
to Jurisdiction; Severability; No General Waiver; Successor Agreements; Term, Termination;
Survival; Entire Agreement; shall survive termination of this agreement for any
reason.
2.5 Entire Agreement
2.5.1 This agreement and the enclosed terms constitute the entire contract between
the Licensee and the Licensor as it relates to the installation and use of the software
provided by the Licensor to the Licensee via download initiated by the Licensee
after having agreed to all of the terms of this agreement and having duly exercised
acceptance via electronic signature as defined elsewhere in this agreement. This
agreement supersedes all previous agreements. There are no verbal agreements or
inferred agreements.