Last updated on May 7, 2015.
By continuing to access and/or use Unchecky following any update to this Unchecky End User License Agreement, you are indicating that you have read and agreed to its updated terms and conditions.
BY DOWNLOADING, ACCESSING, INSTALLING AND/OR USING UNCHECKY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RECOMMEND THAT YOU KEEP A COPY OF THIS EULA FOR YOUR RECORDS.
If you do not accept this EULA in its entirety, then you may not download, access, install or use Unchecky. Any use of Unchecky by you under these circumstances will be considered a violation of this EULA and applicable law. By accepting this EULA, you affirm that you are either able by law, or possess legal parental or guardian consent to enter into this EULA, and to fully comply with this EULA. In any case, you affirm that you are not a minor according to the law of the country you reside in as Unchecky is not intended for minors. If you are a minor according to the law of the country you reside in, you are not permitted to use Unchecky.
We reserve the right, at our sole discretion, to modify this EULA at any time, and without prior notice. If we update this EULA we will post the updated EULA on the Unchecky Site or will provide you with a notice via email. We will also update the “Last updated on” date above. Please check this EULA periodically for changes. Your continued use of Unchecky following the posting of updates to this EULA or providing notice to you, whichever occurs first, will mean you accept the updated EULA.
This EULA applies to all users of Unchecky. Unchecky is a software application that automatically unchecks unrelated additional unwanted programs that appear as a natural part of the installation flow and/or provides you with alerts on potentially unwanted programs, both to make it less likely for you to miss a checkbox. Following your consent to this EULA, Unchecky will be downloaded and installed on your personal computer.
Unchecky may contain “open source” or “free software”. Such “open source” or “free software” is provided to you in accordance with the applicable license that accompanies it. Therefore, we are not be responsible for any damages, claims or other liability arising from or related to your use of such “open source” or “free software”.
We may update Unchecky periodically but are under no obligation to do so. If we do update Unchecky, it will be done automatically if these updates are designed to improve, enhance or fix bugs in the then current version of Unchecky. By accepting these Terms, you agree to such updates.
We make no representation or warranties that Unchecky is or will be available for use in any particular location. Your access and use of Unchecky is at your own initiative and you are responsible for compliance with all laws, rules and regulations that are applicable to you. We reserve the right at our sole discretion to suspend, remove, or disable your access to Unchecky at any time and without notice. In no event will we be liable for the suspension, removal of or disabling of your access to Unchecky or to any feature available therein. In addition, we may impose limits on the access to or use of Unchecky or any feature available therein, in any such event or access without notice or liability.
We may employ third parties to provide us with maintenance, analysis, support, hosting and business intelligence data services with respect to Unchecky. We currently use (i) User Echo LLC. to better provide customer support. You can read about the measures taken by User Echo LLC. to protect the security of your information at: http://userecho.com/privacy-policy/; and (ii) Amazon Web Services, Inc. servers to process your information. You can read about the measures taken by Amazon to protect the security of their servers and your information at: http://awsmedia.s3.amazonaws.com/pdf/AWS_Security_Whitepaper.pdf.
Except as expressly provided herein, you may not: (i) copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Unchecky; (ii) except as permitted herein, share or permit other individuals/entities to use Unchecky, rent, lease, distribute or transfer Unchecky or rights to use it; (iii) extract or harvest any information from any portion of Unchecky; (iv) delete or modify any attributions, legal notices or other proprietary designations or labels Unchecky; (v) use Unchecky in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms and conditions of this EULA; or (vi) use Unchecky by itself or in conjunction with any other products to infringe upon any third party's rights, including without limitation third party's intellectual property rights, to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of Unchecky, or to damage, interfere, disrupt or harm us or Unchecky in any way. Any such forbidden uses shall immediately and automatically terminate your license to use Unchecky, without derogating from any other remedies available to us at law or in equity. You will use Unchecky in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not agree to, nor shall you authorize or encourage any third party to: (i) prevent others from using Unchecky; (ii) use Unchecky for any fraudulent or inappropriate purpose; or (iii) act in any way that violates Unchecky policies, as may be revised from time to time.
You acknowledge and agree that: (i) Unchecky, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and any copies of it you are permitted to make under this EULA are owned by us, and are protected under trademark and copyright laws and treaties; (ii) all right, title, and interest in and to Unchecky, including associated intellectual property rights (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in and/or attached or connected or related to Unchecky, are and shall remain solely owned by us. You are only granted the limited right to use Unchecky in accordance with this EULA and this EULA does not convey to you any interest in or to Unchecky; and (iii) you will not delete or in any manner alter any copyright, trademark, and other proprietary rights notices or markings appearing as part of Unchecky. Nothing in this EULA constitutes a waiver of our intellectual property rights under any law.
You hereby represent and warrant that: (i) you will only use Unchecky as permitted under this EULA; (ii) you agree to comply with all applicable laws, rules and regulations while using Unchecky; (iii) you will not use Unchecky for any fraudulent or inappropriate purpose; (iv) 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 (v) you are not listed on any list of U.S. Government list with respect to prohibited or restricted parties.
We reserve the right to change, modify, suspend, or discontinue any feature of Unchecky or the use of all or any features available therein, at any time without notice or liability to you. Furthermore, we reserve the right, at our sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of this EULA at any time, without prior written notice to you. If we update this EULA, we will update the “Effective Date” above, and if the update is material, we will ask for your consent to it. Your continued use of Unchecky, following any change to Unchecky or this EULA, constitutes your complete and irrevocable acceptance of any and all such changes. If any modification to Unchecky and/or EULA is not acceptable to you, your only recourse is to uninstall Unchecky.
Any use, duplication, or disclosure of Unchecky by the U.S. Government is subject to the restrictions as set forth in this EULA and DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. We are the manufacturer.
You agree that: (i) you will comply in full with all U.S. export laws and regulations to ensure that Unchecky and/or any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations; and (ii) you will not export nor re-export Unchecky and/or any technical data related thereto to any U.S. embargoed country.
UNCHECKY IS PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DOE NOT REPRESENT OR WARRANT THAT: (I) UNCHECKY WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (II) THE OPERATION UNCHECKY WILL BE UNINTERRUPTED. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH UNCHECKY IS TO UNINSTALL AND CEASE USE OF UNCHECKY. Further, we are not obligated to maintain or support Unchecky, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of Unchecky and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF THE INFORMATION COLLECTED BY THIRD PARTIES VIA UNCHECKY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE UNCHECKY UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF UNCHECKY.
You agree to defend, indemnify and hold our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of Unchecky; (ii) your violation of this EULA; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
This EULA is in effect as of the date in which you download Unchecky and shall continue to be in effect thereafter until either party terminates it. You may terminate this EULA by uninstalling Unchecky. This EULA and the license granted to you hereunder may be terminated by us at any time by providing you with a notice via Unchecky and will terminate automatically if you breach any term of this EULA. Upon termination of this EULA the license granted to you in this EULA shall automatically expire and you must discontinue all use of Unchecky. For clarification, we reserve the right to prevent you from further use of Unchecky in the event you cease to be in compliance with this EULA. In the event of termination of this EULA, the terms of Sections 4, 10, 11, 12 and 14 shall survive.
This EULA shall be construed and governed in accordance with the laws of State of New York, without giving effect to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any legal action arising out of or relating to this EULA or your use of Unchecky shall be filed exclusively in the competent courts of the State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO UNCHECKY OR THIS EULA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This EULA constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in this EULA are provided for convenience purpose only and have no legal or contractual significance. If any provision of this EULA is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without our prior written consent. Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
If you have any questions (or comments) concerning this EULA, you are most welcomed to contact us at unchecky.com/contact and we will make an effort to reply within a reasonable timeframe.