NOTICE: Last Updated April 9, 2018
Slimware Utilities
Slimware DriverUpdate
Slimware SlimCleaner
Slimware Antivirus
Slimware Password Manager
PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") AND PRIVACY POLICY (WHICH IS A PART OF THIS LICENSE) CAREFULLY BEFORE YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE. BY SELECTING "I AGREE", DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN SLIMWARE UTILITIES HOLDINGS, INC. (HEREINAFTER COLLECTIVELY "SLIMWARE UTILITIES") SUBSEQUENTLY DOES NOT CONSENT TO LICENSE THIS SOFTWARE TO YOU, AND YOU SHOULD NOT USE THIS SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE IMPLEMENTING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE SUBSEQUENTLY NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
The Slimware Utilities software, including the programs owned by Slimware Utilities Holdings, Inc. ("Slimware Utilities"), the documentation and any fonts accompanying this License; whether on disk, in read-only memory, on other media or in any other form (collectively "Software"); are licensed to you by Slimware Utilities. The Software and any extra copies that this License authorizes you to make are respectively subject to this License. By installing or otherwise using the Software, you: (a) agree to be bounded by the terms of this License, (b) you are the owner or an authorized user of the computer in which the Software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions herein.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
The effectiveness of the Software's ability to improve the performance, stability, or operations of a PC depends on numerous factors, including the root cause of problems affecting the computer's condition. The Software's scan cannot detect all errors that may impair a computer's functionality, and thus running a repair with the Software will not always result in the elimination of harmful software and/or hardware problems.
This License permits you to install and implement the Software on your private computer. Any saved or archived version of the Software must include all copyright information and related License documentation contained on the original. You may NOT de-compile, disassemble, reverse engineer, modify, lease, rent, distribute, make commercial use of, or create derivative works based on the Software, either in whole or in part. Your rights, under this License will terminate automatically and without notice if you fail to comply with any term(s) of this License.
The Software is available for non-commercial and personal use only. You may NOT modify, copy, display, transmit, perform, license, distribute, publish, reproduce, create derivative works from, transfer, or sell any information, software, products or services obtained from or by means of the Software without express written consent. Implementing the Software for any purpose(s) other than personal use is expressly forbidden.
You must be 13 years of age or older to install or to use the Software. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this License with you, discuss any questions you might have, and install the Software for you.
The Software uses a cloud-based data technology that collects certain non-identifiable statistical data (e.g. operating system, currently installed application, system registry setting, etc.) solely for the purpose to provide its services to you, and to make our products more efficient and effective for your overall experience as a user. All data collected is subject to our Privacy Policy that can be found below.
By agreeing to this License, you acknowledge that the Software includes technology that allows Slimware Utilities to provide updates to the software. By installing, downloading, copying, updating or otherwise implementing the Software, you specifically agree to include and/or accept the heretofore mentioned software and technology through which Slimware Utilities keeps the Software and other Slimware Utilities programs current. This is a condition of using the Software.
As a condition precedent to your implementation of the Software, you agree to comply with all laws and regulations that apply to your use of Software. These laws include, but are not limited to, US and international copyright laws and all intellectual property laws, as well federal, state and local statutes.
THE SOFTWARE IS PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLIMWARE UTILITIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE GENERAL OPERATION OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SLIMWARE UTILITIES EXPRESSLY DISCLAIM ANY WARRANTY THAT OUR SECURITY IS REASONABLE OR COMPLIES WITH INDUSTRY STANDARDS. SLIMWARE UTILITIES EXPRESSLY DISCALIMS, TO THE EXTENT PERMITTED BY LAW, ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES; INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, SECURITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SOFTWARE. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SOFTWARE OR THOSE RECEIVED THROUGH THE SLIMWARE UTILITIES WEB SITE OR THROUGH ANY USE OF THE SOFTWARE OR ANY OTHER SLIMWARE UTILITIES PROGRAMS(S). SLIMWARE UTILITIES DOES NOT WARRANT THAT THE SOFTWARE, THE SLIMWARE UTILITIES SERVERS, OR E-MAIL SENT FROM SLIMWARE UTILITIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DISALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SLIMWARE UTILITIES BE LIABLE FOR:
BECAUSE CERTAIN STATE LAWS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. IF YOU ARE IN ONE OF THESE STATES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO DISCONTINUE USING THE SOFTWARE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLIMARE UTILITIES, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SOFTWARE, YOUR VIOLATION OF THE LICENSE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
This Binding Arbitration and Class Action Waiver (this "Waiver") applies to any dispute arising between you and Slimware regarding these terms. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.
In the event of a Dispute, you must provide Slimware with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Slimware at 555 West 18th Street, New York, NY 10011, Attention: Legal.
If you or Slimware do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act ("FAA"). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. You agree to commence arbitration only in New York, NY.
To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.
The Software, including all code, content, protocols, software, and documentation provided to you by Slimware Utilities are Slimware Utilities' property or the property of Slimware Utilities' licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice Slimware Utilities have placed on the Software. All rights not expressly granted hereunder are expressly reserved to Slimware Utilities and its licensors.
The Slimware Utilities name, logos and affiliated properties, are the exclusive property of Slimware Utilities. All other trademarks appearing on any Software are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Software. The trade names, trademarks and service marks owned by Slimware Utilities, whether registered or unregistered, may not be used in connection with any product or service that is not Slimware Utilities', in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Slimware Utilities Holdings, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Copyright Agent/Legal Dept.
We reserve the right to change this EULA Policy periodically. Any and all changes will be posted at http://slimware.com/eula. Please check this page from time to time for the most up-to-date information.
If you have any questions or concerns regarding this agreement, please feel free to contact us at info@help.slimware.com.
The Software includes certain third party open source software components. Each such component is identified and is subject to the open source license agreement indicated in the "Open-Source Licenses.txt" file included with the distribution of the Software.
The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this License, and the use (or inability to use) the Software. Subject to and without limiting the obligation of the parties to submit to binding arbitration as provided for in Section 12, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this License.
No failure or delay by Slimware Utilities in exercising any right, power or privilege under this License will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this License. If any provision of this License shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this License, feel free to contact us at: info@help.slimware.com.
PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") AND PRIVACY POLICY (WHICH IS A PART OF THIS LICENSE) CAREFULLY BEFORE YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE. BY SELECTING "I AGREE", DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN SLIMWARE UTILITIES HOLDINGS, INC. (HEREINAFTER COLLECTIVELY "SLIMWARE UTILITIES") SUBSEQUENTLY DOES NOT CONSENT TO LICENSE THIS SOFTWARE TO YOU, AND YOU SHOULD NOT USE THIS SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE IMPLEMENTING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE SUBSEQUENTLY NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
The Slimware Utilities software, including the programs owned by Slimware Utilities Holdings, Inc. ("Slimware Utilities"), the documentation and any fonts accompanying this License; whether on disk, in read-only memory, on other media or in any other form (collectively "Software"); are licensed to you by Slimware Utilities. The Software and any extra copies that this License authorizes you to make are respectively subject to this License. By installing or otherwise using the Software, you: (a) agree to be bounded by the terms of this License, (b) represent and warrant that are the owner or an authorized user of the computer in which the Software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions herein.
Notice to consumers: Consumers in New Jersey and other jurisdictions have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
The effectiveness of the Software's ability to improve the performance, stability, or operations of a PC depends on numerous factors, including the root cause of problems affecting the computer's condition. The Software's scan cannot detect all errors that may impair a computer's functionality, and thus running a repair with the Software will not always result in the elimination of harmful software and/or hardware problems. The Software is intended for use on a computer that is a physical computer and not a "virtual machine", in which software emulates the function of a physical computer. The Software will not be as effective when used on virtual machines that are not physical computers. The Software also relies on manufacturer-provided data in driver installation files, including release dates, to provide information displayed in scan results. You agree, and Slimware Utilities does not warrant or represent, that the Software will provide you with the latest version of a device driver, regardless of the provided release-date information.
Slimware Utilities may offer users the option of installing additional software during the installation process. If the user selects to install such software, then a folder will be created and named for the applicable application on the local drive under "Program Files." In that same location, the Software includes folders named "SlimWare Utilities" and "SlimService" that host necessary backend services that support the Software.
This License permits you to install and implement the Software on your private computer. Any saved or archived version of the Software must include all copyright information and related License documentation contained on the original. You may NOT de-compile, disassemble, reverse engineer, modify, lease, rent, distribute, make commercial use of, or create derivative works based on the Software, either in whole or in part. Your rights, under this License will terminate automatically and without notice if you fail to comply with any term(s) of this License.
The Software is available for non-commercial and personal use only. You may NOT modify, copy, display, transmit, perform, license, distribute, publish, reproduce, create derivative works from, transfer, or sell any information, software, products or services obtained from or by means of the Software without express written consent. Implementing the Software for any purpose(s) other than personal use is expressly forbidden.
You must be 13 years of age or older to install or to use the Software. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this License with you, discuss any questions you might have, and install the Software for you.
The Software uses a cloud-based data technology that collects certain non-identifiable statistical data (e.g. operating system, currently installed application, system registry setting, etc.) solely for the purpose to provide its services to you, and to make our products more efficient and effective for your overall experience as a user. All data collected is subject to our Privacy Policy that can be found below.
By agreeing to this License, you acknowledge that the Software includes technology that allows Slimware Utilities to provide updates to the software. By installing, downloading, copying, updating or otherwise implementing the Software, you specifically agree to include and/or accept the heretofore mentioned software and technology through which Slimware Utilities keeps the Software and other Slimware Utilities programs current. This is a condition of using the Software.
By agreeing to this License and installing, downloading, updating, or otherwise implementing the Software, you acknowledge that the Software includes technology that allows users to initiate an update of their systems’ drivers, as well as other software updates the Software might aid you in installing after a regular scan (collectively, “Updates”) whereby the Software, automatically and without notice to you, downloads any available Updates in the background and accepts installation prompts relating to those Updates on your (or your authorized users’) behalf. After Updates have been downloaded and installed, the Software will provide a summary of the Updates to you. You specifically agree to accept the heretofore mentioned technology as a condition of using the Software. You also specifically grant Slimware Utilities permission to use the Software in this way, including but not limited to accepting driver installation prompts on your behalf.
As a condition precedent to your implementation of the Software, you agree to comply with all laws and regulations that apply to your use of Software. These laws include, but are not limited to, US and international copyright laws and all intellectual property laws, as well federal, state and local statutes.
THE SOFTWARE IS PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLIMWARE UTILITIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE GENERAL OPERATION OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SLIMWARE UTILITIES EXPRESSLY DISCLAIM ANY WARRANTY THAT OUR SECURITY IS REASONABLE OR COMPLIES WITH INDUSTRY STANDARDS. SLIMWARE UTILITIES EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES; INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, SECURITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SOFTWARE. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SOFTWARE OR THOSE RECEIVED THROUGH THE SLIMWARE UTILITIES WEB SITE OR THROUGH ANY USE OF THE SOFTWARE OR ANY OTHER SLIMWARE UTILITIES PROGRAMS(S). SLIMWARE UTILITIES DOES NOT WARRANT THAT THE SOFTWARE, THE SLIMWARE UTILITIES SERVERS, OR E-MAIL SENT FROM SLIMWARE UTILITIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DISALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SLIMWARE UTILITIES BE LIABLE FOR:
BECAUSE CERTAIN STATE LAWS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. IF YOU ARE IN ONE OF THESE STATES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO DISCONTINUE USING THE SOFTWARE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLIMARE UTILITIES, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SOFTWARE, YOUR VIOLATION OF THE LICENSE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
This Binding Arbitration and Class Action Waiver (this "Waiver") applies to any dispute arising between you and Slimware Utilities regarding these terms. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.
In the event of a Dispute, you should provide Slimware Utilities with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Slimware Utilities at 555 West 18th Street, New York, NY 10011, Attention: Legal.
If you or Slimware Utilities do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute shall be by BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. Notwithstanding the foregoing, Slimware Utilities and you both further agree that either party may bring suit in court solely to enjoin infringement or other misuse of intellectual property rights.
By installing or using the Software in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Slimware Utilities (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures
To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.
The Software, including all code, content, protocols, software, and documentation provided to you by Slimware Utilities are Slimware Utilities' property or the property of Slimware Utilities' licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice Slimware Utilities have placed on the Software. All rights not expressly granted hereunder are expressly reserved to Slimware Utilities and its licensors.
The Slimware Utilities name, logos and affiliated properties, are the exclusive property of Slimware Utilities. All other trademarks appearing on any Software are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Software. The trade names, trademarks and service marks owned by Slimware Utilities, whether registered or unregistered, may not be used in connection with any product or service that is not Slimware Utilities', in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Slimware Utilities Holdings, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Copyright Agent/Legal Dept.
We reserve the right to change this EULA Policy periodically. Any and all changes will be posted at http://slimware.com/eula. Please check this page from time to time for the most up-to-date information.
If you have any questions or concerns regarding this agreement, please feel free to contact us at info@help.slimware.com.
The Software includes certain third party open source software components. Each such component is identified and is subject to the open source license agreement indicated in the "Open-Source Licenses.txt" file included with the distribution of the Software.
The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this License, and the use (or inability to use) the Software. Subject to and without limiting the obligation of the parties to submit to binding arbitration as provided for in Section 12, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this License. Notwithstanding the foregoing, the arbitration agreement of Section 13 shall be governed by the Federal Arbitration Act.
No failure or delay by Slimware Utilities in exercising any right, power or privilege under this License will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this License. If any provision of this License shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this License, feel free to contact us at: info@help.slimware.com.
PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") AND PRIVACY POLICY (WHICH IS A PART OF THIS LICENSE) CAREFULLY BEFORE YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE. BY SELECTING "I AGREE", DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN SLIMWARE UTILITIES HOLDINGS, INC. (HEREINAFTER COLLECTIVELY "SLIMWARE UTILITIES") SUBSEQUENTLY DOES NOT CONSENT TO LICENSE THIS SOFTWARE TO YOU, AND YOU SHOULD NOT USE THIS SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE IMPLEMENTING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE SUBSEQUENTLY NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
The Slimware Utilities software, including the programs owned by Slimware Utilities Holdings, Inc. ("Slimware Utilities"), the documentation and any fonts accompanying this License; whether on disk, in read-only memory, on other media or in any other form (collectively "Software"); are licensed to you by Slimware Utilities. The Software and any extra copies that this License authorizes you to make are respectively subject to this License. By installing or otherwise using the Software, you: (a) agree to be bounded by the terms of this License, (b) represent and warrant that are the owner or an authorized user of the computer in which the Software will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions herein.
Notice to consumers: Consumers in New Jersey and other jurisdictions have certain rights that cannot be waived through this agreement, are in addition to the terms of this agreement, and/or certain provisions of this agreement may be unenforceable as to you. To the extent that any term of this agreement is unenforceable, the remainder of the agreement shall remain in full force and effect. If you have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
The effectiveness of the Software's ability to improve the performance, stability, or operations of a PC depends on numerous factors, including the root cause of problems affecting the computer's condition. The Software's scan cannot detect all errors that may impair a computer's functionality, and thus running a repair with the Software will not always result in the elimination of harmful software and/or hardware problems.
This License permits you to install and implement the Software on your private computer. Any saved or archived version of the Software must include all copyright information and related License documentation contained on the original. You may NOT de-compile, disassemble, reverse engineer, modify, lease, rent, distribute, make commercial use of, or create derivative works based on the Software, either in whole or in part. Your rights, under this License will terminate automatically and without notice if you fail to comply with any term(s) of this License.
The Software is available for non-commercial and personal use only. You may NOT modify, copy, display, transmit, perform, license, distribute, publish, reproduce, create derivative works from, transfer, or sell any information, software, products or services obtained from or by means of the Software without express written consent. Implementing the Software for any purpose(s) other than personal use is expressly forbidden.
You must be 13 years of age or older to install or to use the Software. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this License with you, discuss any questions you might have, and install the Software for you.
The Software uses a cloud-based data technology that collects certain non-identifiable statistical data (e.g. operating system, currently installed application, system registry setting, etc.) solely for the purpose to provide its services to you, and to make our products more efficient and effective for your overall experience as a user. All data collected is subject to our Privacy Policy that can be found below.
By agreeing to this License, you acknowledge that the Software includes technology that allows Slimware Utilities to provide updates to the software. By installing, downloading, copying, updating or otherwise implementing the Software, you specifically agree to include and/or accept the heretofore mentioned software and technology through which Slimware Utilities keeps the Software and other Slimware Utilities programs current. This is a condition of using the Software.
By agreeing to this License and installing, downloading, updating, or otherwise implementing the Software, you acknowledge that the Software includes technology that allows users to initiate an update of their systems’ drivers, as well as other software updates the Software might aid you in installing after a regular scan (collectively, “Updates”) whereby the Software, automatically and without notice to you, downloads any available Updates in the background and accepts installation prompts relating to those Updates on your (or your authorized users’) behalf. After Updates have been downloaded and installed, the Software will provide a summary of the Updates to you. You specifically agree to accept the heretofore mentioned technology as a condition of using the Software. You also specifically grant Slimware Utilities permission to use the Software in this way, including but not limited to accepting driver installation prompts on your behalf.
As a condition precedent to your implementation of the Software, you agree to comply with all laws and regulations that apply to your use of Software. These laws include, but are not limited to, US and international copyright laws and all intellectual property laws, as well federal, state and local statutes.
THE SOFTWARE IS PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLIMWARE UTILITIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE GENERAL OPERATION OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SLIMWARE UTILITIES EXPRESSLY DISCLAIM ANY WARRANTY THAT OUR SECURITY IS REASONABLE OR COMPLIES WITH INDUSTRY STANDARDS. SLIMWARE UTILITIES EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES; INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, SECURITY, TIMELINESS AND PERFORMANCE OF THE SERVICES. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SOFTWARE. SLIMWARE UTILITIES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SOFTWARE OR THOSE RECEIVED THROUGH THE SLIMWARE UTILITIES WEB SITE OR THROUGH ANY USE OF THE SOFTWARE OR ANY OTHER SLIMWARE UTILITIES PROGRAMS(S). SLIMWARE UTILITIES DOES NOT WARRANT THAT THE SOFTWARE, THE SLIMWARE UTILITIES SERVERS, OR E-MAIL SENT FROM SLIMWARE UTILITIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DISALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SLIMWARE UTILITIES BE LIABLE FOR:
BECAUSE CERTAIN STATE LAWS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. IF YOU ARE IN ONE OF THESE STATES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE RECOURSE IS TO DISCONTINUE USING THE SOFTWARE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLIMARE UTILITIES, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SOFTWARE, YOUR VIOLATION OF THE LICENSE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
This Binding Arbitration and Class Action Waiver (this "Waiver") applies to any dispute arising between you and Slimware Utilities regarding these terms. Dispute, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.
In the event of a Dispute, you should provide Slimware Utilities with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Slimware Utilities at 555 West 18th Street, New York, NY 10011, Attention: Legal.
If you or Slimware Utilities do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute shall be by BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. Notwithstanding the foregoing, Slimware Utilities and you both further agree that either party may bring suit in court solely to enjoin infringement or other misuse of intellectual property rights.
By installing or using the Software in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Slimware Utilities (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures
To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.
The Software, including all code, content, protocols, software, and documentation provided to you by Slimware Utilities are Slimware Utilities' property or the property of Slimware Utilities' licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice Slimware Utilities have placed on the Software. All rights not expressly granted hereunder are expressly reserved to Slimware Utilities and its licensors.
The Slimware Utilities name, logos and affiliated properties, are the exclusive property of Slimware Utilities. All other trademarks appearing on any Software are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Software. The trade names, trademarks and service marks owned by Slimware Utilities, whether registered or unregistered, may not be used in connection with any product or service that is not Slimware Utilities', in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Slimware Utilities Holdings, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Copyright Agent/Legal Dept.
We reserve the right to change this EULA Policy periodically. Any and all changes will be posted at http://slimware.com/eula. Please check this page from time to time for the most up-to-date information.
If you have any questions or concerns regarding this agreement, please feel free to contact us at info@help.slimware.com.
The Software includes certain third party open source software components. Each such component is identified and is subject to the open source license agreement indicated in the "Open-Source Licenses.txt" file included with the distribution of the Software.
The substantive laws of the State of New York in the United States of America, without regard to conflict of laws principles, shall govern all matters relating to or arising from this License, and the use (or inability to use) the Software. Subject to and without limiting the obligation of the parties to submit to binding arbitration as provided for in Section 12, you hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in New York County, New York, with respect to all matters arising out of or relating to this License. Notwithstanding the foregoing, the arbitration agreement of Section 13 shall be governed by the Federal Arbitration Act.
No failure or delay by Slimware Utilities in exercising any right, power or privilege under this License will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this License. If any provision of this License shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about this License, feel free to contact us at: info@help.slimware.com.
PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") AND PRIVACY POLICY (WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE) CAREFULLY BEFORE YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE. BY SELECTING "I AGREE", DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN SLIMWARE UTILITIES HOLDINGS, INC. (HEREINAFTER COLLECTIVELY "SLIMWARE") SUBSEQUENTLY DOES NOT CONSENT TO LICENSE THIS SOFTWARE TO YOU, AND YOU SHOULD NOT USE THIS SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE IMPLEMENTING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE SUBSEQUENTLY NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
This Agreement is a legal agreement between you (either an individual or a legal person) ("You" "your") and Slimware for use of the SlimAV software product, which includes software and services for your device, and may include associated media, printed materials, and "online" or electronic documentation, and any updates and upgrades delivered to You (hereafter designated as the "Slimware Product"), all of which are protected by international copyright laws and international treaties.
Notice to Consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this Agreement, are in addition to the terms of this Agreement, and/or certain provisions of this Agreement may be unenforceable as to you. To the extent that any term of this Agreement is unenforceable, the remainder of the Agreement shall remain in full force and effect. If You have questions regarding your rights under your local consumer protection laws, please consult with your government's consumer protection agency or a local consumer advocacy group.
The Slimware Product is available for non-commercial and personal use only. You may not modify, copy, display, transmit, perform, license, distribute, publish, reproduce, create derivative works from, transfer, or sell any information, software, products or services obtained from or by means of the Slimware Product without Slimware's express written consent. Your rights, under this Agreement will terminate automatically and without notice if You fail to comply with any terms of this Agreement. You must be 13 years or older to install or to use the Slimware Product. If You are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this Agreement with You, discuss any questions You might have, and install the Slimware Product for You.
GRANT OF LICENSE. The Slimware Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Slimware Product is licensed, not sold. This Agreement only gives You some rights to use the Slimware Product. Slimware and its licensors reserve all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Slimware Product only as expressly permitted in this Agreement.
Slimware hereby grants You and only You the following non-exclusive, limited, non-assignable, non-transferable, non-sublicensable and royalty-bearing license to use the Slimware Product.
During the installation process, the Slimware Product may uninstall or disable other security products if such products or features are incompatible with the Slimware Product.
The Slimware Product may allow You to track the device location, disable access to the device, transmit images that have been captured with the camera of your device or voice records that have been recorded by the recorder of your device (if available). You may not use the services to gain unauthorized access, to upload, transmit, transfer data or information to Slimware or third parties by any means. You agree that your use of these services will be in compliance with any laws which are applicable to You.
TRIAL LICENSE. If You are a trial user, You may use the Slimware Product for evaluation or testing purposes in a non-production environment commencing from the date You download the Slimware Product and continuing for a period of time as set forth on the applicable web page from which you downloaded the Slimware Product (the "Trial Period"). During the Trial Period, You may be entitled to web or email based technical support and to Updates, if applicable, at the discretion of Slimware. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SLIMWARE PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. Your right to use the Slimware Product ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation Period, You must delete or destroy all copies of the Slimware Product and documentation and stop using any services provided by Slimware. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.
TERMS OF LICENSE. You will have certain rights to use the Slimware Product during the license period that You purchased, or as such license period is earlier terminated or renewed as provided for hereunder. The Slimware Product may automatically be deactivated at the end of Your license period, and You will not be entitled to receive any feature or content updates to the Slimware Product.
If You have agreed to permit Slimware to automatically renew your subscription to the Slimware Product by charging a valid credit card number which You have provided to Slimware, your subscription will automatically renew pursuant to the renewal terms in effect at the time of Your original purchase prior to the expiration of the term and each anniversary thereafter. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, credit card expiration date or other payment method information), and You must promptly notify Slimware if your credit card or other payment method used is canceled (such as, but not limited to for loss or theft). You agree that Slimware may continue charging You for any subscription automatically renewed unless You contact Slimware, in writing, at info@help.slimware.com (or any other local email address or telephone number provided by the respective Slimware entity in your region for such purpose) at least thirty (30) days prior to the expiration of your subscription to the Slimware Product and informing Slimware of Your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, You must cease use of the Slimware Product and destroy all copies of the Slimware Product and the Documentation.
UPGRADES/ADDED FUNCTIONALITY. If the Slimware Product is labeled as an upgrade, You must be properly licensed to use a product identified by Slimware as being eligible for the upgrade in order to use that Slimware Product. A Slimware Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If a Slimware Product is an upgrade of a component of a package of software programs that You licensed as a single Slimware Product, it may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this Agreement replace and supersede any previous agreements that may have existed between You and Slimware regarding the original product or the resulting upgraded product.
The Slimware Product may add additional functionality (e.g. tabs, buttons, items) to existing third-party programs that You use, such as Your email programs.
By using the Slimware Product and accepting this Agreement, You consent to receive updates and upgrades to the software that will be transmitted by Slimware automatically.
COPYRIGHT. All rights, titles and interest in and to the Slimware Product and all copyright rights in and to the Slimware Product (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into Slimware), the accompanying printed materials, and any copies of the Slimware Product are owned by Slimware or its Licensors, with the understanding that rights, titles and interest in and to certain third party software are owned by their respective owners. The Slimware Product is protected by copyright laws and international treaty provisions. Therefore, You must treat the Slimware Product like any other copyrighted material. You may not copy the printed materials accompanying the Slimware Product. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which the Slimware Product exists. You may not sub-license, rent, sell, lease or share the Slimware Product. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for the Slimware Product, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying third party license terms, governing use of the third party software.
SUPPORT. From time to time, certain technical support may be offered by Slimware or its vendors for the Slimware Product, which may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such technical support is offered and You choose to access such technical support, such technical support shall be governed by a separate support agreement as provided by Slimware to You. No support is independently provided for the Slimware Product under this Agreement. It is solely Your responsibility to complete a backup of all your existing data, software and programs before receiving any technical support.
LIMITED WARRANTY. If You receive a physical disk containing the Slimware Product (not applicable for downloaded versions), Slimware warrants that the media on which the Slimware Product is distributed is free from defects for a period of thirty days from the date of delivery of the Slimware Product to You. Your sole remedy for a breach of this warranty will be that Slimware, at its option, may replace the defective media upon receipt of the damaged media, or refund the money You paid for the Slimware Product. Slimware does not warrant that the Slimware Product will be uninterrupted or error free or that the errors will be corrected. Slimware does not warrant that the Slimware Product will meet your requirements.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SLIMWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SLIMWARE PRODUCTS, UPGRADES, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY SLIMWARE. SLIMWARE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE.
The Slimware Product, as provided under this Agreement, can contain features and functionalities that allow You to protect sensitive information on your device. You will be required to provide a password in order to encrypt and protect such information. You will not be able to recover the information You have encrypted if You lose or forget the password. You are aware that the level of encryption that can be used by the Slimware Product should protect your information from the average computer user; however, You acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. Slimware shall not be held responsible for access of your information where You have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating the Slimware Product bears all risk to the quality and performance of the Slimware Product. In no event shall Slimware be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of the Slimware Product, even if Slimware has been advised of the existence or possibility of such damages.
SOME STATES 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. IN NO CASE SHALL SLIMWARE'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SLIMWARE PRODUCT. The disclaimers and limitations set forth above will apply regardless of whether You accept to use, evaluate, or test the Slimware Product.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLIMWARE, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SLIMWARE PRODUCT, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SLIMWARE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
We strongly recommend that You back up your data frequently. You shall at all times be under a duty to mitigate your loss.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
SLIMWARE IS ACTING ON BEHALF OF ITS SUPPLIERS, LICENSORS, AND MARKETING PARTNERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CONSENT TO ELECTRONIC COMMUNICATIONS. Slimware may send You legal notices and other communications about the Slimware Product and maintenance subscription services or our use of the information You provide us ("Communications"). Slimware will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, You consent to receive all Communications through these electronic means only and acknowledge and demonstrate that You can access Communications on the Sites.
GENERAL.
Contact Slimware: info@help.slimware.com
PRIVACY POLICY
NOTICE: Last Updated July 9th, 2015
Slimware Utilities Holdings, Inc. (collectively, "Slimware Utilities", "we", "us" or "our") has developed this privacy policy to demonstrate its commitment to protecting your privacy. This privacy policy (the "Privacy Policy") is intended to describe for you, as an individual who is a user of the Slimware Utilities websites, mobile apps, social media sites, software and/or services (collectively the "Services"), the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We seek to handle the information we collect in a manner that complies fully with the privacy requirements under all applicable United States federal and state privacy laws and regulations.
We encourage you to read this Privacy Policy carefully. By using the Services, you are accepting the practices described in this Privacy Policy, and agreeing to the processing and storage of information we collect from you in the United States and, in connection with certain Services, the Philippines and other non-United States jurisdictions. If you do not agree with the terms and conditions set forth in this Privacy Policy, then please do not provide us with any information and do not access, browse or use the Services. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
INFORMATION WE COLLECT
The information we collect will either be 1. Personal Information or 2. Anonymous Information. Personal Information means information that may directly or indirectly identify you, such as your name, address, email address, and telephone number. Anonymous Information means information that does not directly or indirectly identify you, such as the number of page views, link clicks, and login times. We may use both Personal and Anonymous Information to create Aggregate Information. Aggregate Information is derived from the grouping of information we collect into groups and/or categories, which does not identify you directly or indirectly.
Through your use of the Services, we (or our service providers on our behalf) may collect the following information as Personal Information, Anonymous Information or Aggregate Information:
Contact information and/or registration information, such as your name; and business and residential mailing address, telephone and facsimile numbers and email address;
information you provided in posting areas, public forums, social networks, and surveys;
Information you provided us while using the Services, including files that you uploaded, and the use of the Services on third-party sites or platforms such as social networking sites;
Purchase information, including credit card or payment card information and billing address;
Demographic information, including age, personal interests, and product preferences;
Information regarding your use of the Services, such as browsing, downloads and pages viewed;
Technical data, associated with any computer or other device you use to access the services, or software therein such as the software and settings on your device and your device identifier or IP address;
Such other information we collect with your consent or as permitted or required by law.
HOW WE COLLECT INFORMATION
We (or our service providers on our behalf) use various methods and technologies to collect information from you, and about your computer or device (or software thereon) and about your activities on or through the Services:
INFORMATION COLLECTED BY THIRD PARTIES FOR ON-LINE ADVERTISING
We may allow third-parties, including our authorized service providers, parent and subsidiary companies, affiliates, advertising companies, and ad networks, to display advertisements or place ad tags or beacons on or via our Services on the computer or device you use to access our Service and to track that device to over time and across different web sites for the purpose of serving advertising relevant to your interests. We do not control third parties’ collection or use of information to serve interest based advertising. Some but not all providers may allow you to opt-out of receiving their targeted ads, see http://www.networkadvertising.org/choices/.
HOW WE USE THE INFORMATION WE COLLECT
We may use information that we collect about you to:
WITH WHOM WE SHARE YOUR PERSONAL INFORMATION
We may share Anonymous Information and Aggregate Information without restriction. We do not share your Personal Information with others except as indicated below:
THIRD-PARTY WEBSITES
There may be places in the Services where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on a link, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including Personal Information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy policy of all third-party websites you visit.
YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION
You may tell us not to share your Personal Information with third parties or the IAC companies for direct marketing purposes by clicking on the following link and entering the email address associated with your account: info@help.slimware.com. Please note, if you do not allow us to collect Personal Information from you, it may result in you being unable to use certain features of the Services; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Services.
Some but not all providers may allow you to opt-out of receiving their targeted ads, see http://www.networkadvertising.org/choices/.
As stated above, your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. To learn more about some types of browser cookies, visit allaboutcookies.org. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager by following Adobe’s instructions here (instructions vary depending on your operating system and version of Flash). Please note, however, that without cookies or local storage you may not be able to use all of the features of our Service.
HOW WE PROTECT YOUR PERSONAL INFORMATION
The security and confidentiality of you information is very important to us; thus we have put in place administrative, technical, and physical safeguards to protect against unauthorized access to the information we collect. By using the Services and accepting this Privacy Policy, you hereby acknowledge that no security system is immune from compromise, and you accept all responsibility for such security risks and any damage resulting therefrom.
CHILDREN'S PRIVACY
Our Services are intended for general audiences over the age of 13 years old. We do not knowingly collect Personal Information from children under the age of 13 years old. If you are not over 13 years old, DO NOT DOWNLOAD OR USE THE SERVICES.
USING OUR SERVICES FROM OUTSIDE THE UNITED STATES
If you are using the Services outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. In connection with certain Services, your information may also be transferred to, stored, and processed in other jurisdictions outside of the United States. By using our Services, you hereby agree to the transfer, storage and processing of your information in accordance with this Privacy Policy.
NO RIGHTS OF THIRD PARTIES
This Privacy Policy does not create rights enforceable by third parties and no third party is an intended beneficiary of this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY
We will occasionally update this Privacy Policy to reflect changes in our practices and services. We will provide you notice of these changes by posting changes to this Privacy Policy. When we post changes to this Privacy Policy, we will revise the "Last Updated" date at the top of this Privacy Policy, and your continued use of the Services constitute consent to the revised Privacy Policy. If we make any changes that we determine, in the reasonable exercise of our discretion, will reduce your rights under the Privacy Policy, we will provide a more prominent notice (including for certain services email notification of Privacy Policy changes). We will obtain your affirmative consent for retroactive changes to your rights to the extent required by applicable law.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE
It is our policy to be in compliance with the California Online Privacy Protection Act, which permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to the address listed below.
BINDING ARBITRATION AND CLASS ACTION WAIVER
This Policy shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of law provisions thereof. You expressly agree that any controversy, dispute or claim ("Litigation") arising out of, relating to, or in connection with, this Privacy Policy or the Services, or the alleged breach thereof, or relating to our activities or services or to us otherwise under this Privacy Policy, shall be settled by confidential binding arbitration in New York County, New York, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or this Privacy Policy must be filed within one (1) year after such claim or cause of action arose or was reasonable discovered, whichever is later, or be forever barred. In the event of any Litigation, both parties expressly and irremovably consent to the exclusive venue and personal jurisdiction in New York County, New York. In the event of any Litigation arising from, related to or in connection with this Privacy Policy or the Services, the prevailing party thereof shall be entitled to recover its reasonable expenses, including (without limitation) attorneys' fees and the costs of arbitration.
Any proceedings to resolve or litigate any Litigation in any forum will be conducted solely on an individual basis. You will not seek to have any Litigation heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
IMPORTANT - READ CAREFULLY: This Slimware Utilities Software License Agreement ("Agreement") is a legally binding license agreement between You and Slimware Utilities, LLC (“Slimware Utilities”), for all of the Software and Services obtained from Slimware Utilities (each a “Solution”) as further defined in this Agreement. In connection with the Solutions, Slimware Utilities licenses certain Software and Services and Slimware Utilities’ licensor is an intended, and shall be, beneficiary of this Agreement entitled to all rights and limitations available under this Agreement.
This Agreement covers your rights to use any Solution, restrictions on that use, our right to automatically renew and charge you for paid versions or features of any Solution, and your agreement to arbitrate any dispute that may arise between us or our licensor. We have included links to additional terms, such as our Privacy Policy, which are important and together create this legal agreement that applies to you.
By clicking an acceptance button and installing a Solution, you agree unconditionally to be bound by this Agreement and acknowledge that it is enforceable as a written contract signed by you. If you do not unconditionally agree to all of these terms, do not install, use or access a Solution. If you do so, you will not be able to use any Solution covered by this Agreement.
Slimware Utilities may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of any Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Slimware Utilities may require that you accept the amendment of this Agreement in order to continue using Solution you have previously installed or purchased. If you decline to accept the amendment of this Agreement, Slimware Utilities may terminate your use of the affected Solution.
In this Agreement you:
Represent that you are 18 years of age or older, and are authorized to accept this Agreement on behalf of all of the individuals and entities for whom (or for whose Device) you obtain a Solution;
Represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not a person who is either barred or otherwise legally prohibited from receiving or using a Solution under the laws of the country in which you are resident or from which you access or use a Solution;
Acknowledge that:
If, in the course of acquiring a Solution you provided Slimware Utilities with an email address and that email address later changes, you must update your user profile to ensure that you receive notices about Subscription Period extensions and other important information about this Agreement and a Solution. Please visit the customer portal to manage your email address. To the extent you purchased your license directly from Slimware Utilities pursuant to a signed, written agreement, this requirement does not apply to you.
Slimware Utilities, subject to the Special Terms, may from time to time update any Solution or replace a Solution with another Solution with similar functionality without requesting or obtaining your separate consent, and your Device or certain Device functions may not be available to you while the Update is in process;
Slimware Utilities collects and uses certain information concerning your use of a Solution in accordance with its Privacy Policy.
Affiliate means, with respect to Slimware Utilities, an entity controlling, controlled by or under common control with Slimware Utilities. “Control”, as used in this section, means ownership of more than 50% of the outstanding voting interest of the applicable entity.
Applicable Conditions, with respect to any Solution, means the Subscription Period for the Software, whether the Subscription Period automatically extends, the number and type of Devices for which the Solution is authorized, and other similar terms governing use of that Solution. The Applicable Conditions are specified (i) on the checkout payment page if you obtain the Solution over the Internet, from a Mobile App Store or by other electronic means, or (ii) on the package if you acquired the Solution on CD or other physical medium.
Authorized Purposes means (i) with respect to Free Software and Beta Software, your personal, noncommercial use, and (ii) with respect to other Solution, your personal use or internal commercial use, and in each case not for resale or other exploitation for the benefit of a third party.
Beta Software means any Evaluation Solution and any Solution marked or otherwise designated as a beta test version, irrespective of whether payment has been made.
Device means any mobile phone, mobile device, tablet, mobile network appliance, other mobile product (each, a “Mobile Device”) or any personal computer running on an operating system supported by Slimware Utilities as specified in the Applicable Conditions and in the Technical Specifications in respect of the Solution.
Claim has the meaning ascribed to it by Section 8.1 of this Agreement.
Evaluation Software means an otherwise paid Solution that Slimware Utilities provides without receiving payment for trial or evaluation purposes.
Free Software means any Solution other than Beta Software that Slimware Utilities designates as “free” or otherwise provides without charge.
Initial Subscription, for each Solution, means the period beginning on the date you obtain the Solution and continuing for the term specified by the Applicable Conditions.
Mobile App Store means an online store that currently or in the future offers Mobile Software, including through the Device itself.
Mobile Software means a Solution available to you on a Mobile Device platform, e.g., Android, iOS, and Windows Phone.
Personally Identifiable Information means information that can be used to uniquely identify, contact, or locate a single individual or can be used with other sources to uniquely identify a single individual including, as applicable under applicable law, personal data (as the term is used by the EU Data Protection Directive 95/46/EC).
Privacy Policy means the Slimware Utilities privacy policy available at https://slimware.com/privacy as updated from time to time.
Service means a Solution comprising services delivered online or by telephone.
Software means a Solution intended to be installed on a Device, and shall include any Updates.
Solution has the meaning set forth in the preamble
Subscription Period, with respect to a Solution, means the Initial Subscription together with all Extension Periods.
Technical Specifications means the technical documentation applicable to the relevant Solution, available at [insert URL for Slimware customer support page] as updated from time to time.
Third Party Materials means software, services, websites, offers and promotions or products provided by any third party and governed by Third Party Terms and Conditions.
Third Party Terms and Conditions means any license agreements, terms of use, terms of service, privacy policies and other conditions established by third parties governing access to or use of Third Party Materials.
Update means content or code Slimware Utilities deploys to update a Solution including but not limited to new releases or versions of a Solution, bug fixes, or any other available update provided by Slimware Utilities from time to time in connection with a Solution.
US Government means the federal government of the United States of America.
Each Solution is protected by international copyright laws, treaties and other laws. Slimware Utilities or its licensors own and retain all right, title and interest in and to a Solution, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. This Agreement does not transfer to you any title to or in a Solution. You do not acquire any rights to a Solution except as specified in Sections 3 and 8, below.
If you purchased your license directly from Slimware Utilities under a signed, written agreement or from a Slimware Utilities business partner you are paying directly for your Solution, please refer to your written agreement for details on subscription periods, renewals, terminations, refunds and payments.
You are responsible for the security of your passwords and for keeping your account secure. You should keep your master password for your account secure because without the master password you may lose access to your data. Each Solution allows you to share items stored within the Solution with others. You are responsible for choosing to share any items and whom to share them with. You are solely responsible and liable for any activity that occurs under your account, including by anyone who uses your account, or any shared items. If there is any unauthorized use or access to your account, you must let us know immediately. We are not responsible for any loss caused by unauthorized use of or access to your account; however, you may be liable for any losses we or others suffer because of the unauthorized use. WE DO NOT HAVE ACCESS TO MASTER PASSWORDS AND CANNOT RECOVER YOUR ENCRYPTED DATA IF YOU FORGET THE MASTER PASSWORD. We offer both free and paid versions of the Solutions, and the free versions limit certain features that you can access. If you have downloaded a paid or Premium version of a Solution at no cost during a promotion, then when the promotional period ends you will not have access to the paid features.
Slimware Utilities welcomes your comments concerning Solutions, including notice that you have experienced a failure, error or other malfunction, and suggestions for additional or different features and functions. Please send us your comments and suggestions using the web form located at http://Slimware Utilities.com/support. Slimware Utilities accepts no obligation to respond or act on any such comments or suggestions and this invitation to comment does not constitute any admission of liability or product failure of a Solution, but you grant Slimware Utilities a perpetual, irrevocable, transferrable, sublicensable, fully paid-up, royalty-free, worldwide right and license under your intellectual property rights (if any) to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever your comments and suggestions in any Solution and other products and services.
(a) Google Play Store. The Google Play Store means the Mobile App Store available through a Device and at http://play.google.com (“Google Play Store”).
(b) License. For the avoidance of doubt, the license granted in Section 3.1 of the Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store.
(c) Refunds.
(i) For App Purchases from the Google Play Store. You may automatically refund a purchase of a Solution purchased through the Google Play Store the first time you purchase it for up to 15 minutes after such purchase.
(ii) For In-App Purchases. You may not return or refund any in-app purchases from a Mobile Solution. For subscriptions purchased in-app, you may cancel your subscription before it is extended and you will not be charged again. You will, however, retain access to the subscription content you purchased for the remainder of the final Subscription Period.
(a) The licenses granted by Section 3.1 are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online athttp://www.apple.com/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple.
(b) Slimware Utilities and you acknowledge and agree that:
(i) This Agreement is concluded solely between the parties, and not with Apple. Slimware Utilities, not Apple, is solely responsible for the Solutions and the content thereof.
(ii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution.
(iii) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, the Slimware Utilities business partner you purchased the Solution from and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Slimware Utilities’ sole responsibility.
(iv) Slimware Utilities, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including, but not limited to: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(v) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Slimware Utilities, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(vi) Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and, on your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
HOW TO CONTACT US
If you have any questions about this Privacy Policy or our information-handling practices, please contact us by email or postal mail as follows:
Slimware Utilities Holdings, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Privacy Officer/Legal Dept.