PurityScan application SOFTWARE LICENSE
The following is the End User License Agreement for the PurityScan,
mirrored 2004-03-21 from http://www.purityscan.com/ps/terms.html
This agreement will have two sections ("Section 1", and "Section 2"). Both sections must be read, agreed to, and adhered by a user of PurityScan.
By installing PurityScan you understand and agree that PurityScan will make the following changes to your Internet Browser:
Several PROMOTIONAL CONSOLES (daughter console/interstitial) may be launched for the duration of time you spend online. These consoles may continue to be launched as long as you have PurityScan installed on your machine. PurityScan does not monitor the activities or collect information from users once they have left PurityScan
By downloading PurityScan, you understand that these changes cannot be reversed without running the removal executable of PurityScan.
The Licensor shall not be liable for, and disclaims any responsibility for, any third party claims arising from or in connection with your use of "PurityScan".
Licensor makes no warranty regarding "PurityScan" (including implied warranties of merchantability or fitness for a particular purpose), nor does Licensor warrant that PurityScan is free of defects or non-infringing.
Installing PurityScan grants you a limited license to use the software program. You may not distribute the software in any manner, other than described above. YOU MAY NOT COPY THE SOFTWARE OR SUBJECT IT TO REVERSE ENGINEERING. YOU ARE PROHIBITED FROM USING THE SOFTWARE IN ANY MANNER OTHER THAN AS DESCRIBED ABOVE.
Click Spring, LLC (PurityScan) has created this privacy statement in order to outline our online information practices. The following fully discloses what kind of information we collect from our visitors, and how we use that information at PurityScan
Our site's registration form requires users to give contact and demographic information such as name, e-mail address, age, gender, zip code and country of residence. We may use customer contact information from the registration form to send the user information about our company and promotional material from some of our partners. The customer's contact information may also be used to contact the visitor when necessary and shared with other companies who may want to contact our visitors. Demographic and profile information may also be used to tailor the visitor's experience at our site, showing them content that we think might interest them. We may disclose information you enter during the join process to third parties.
CONTACTING THE WEBSITE:
1. Service to be provided by PurityScan and/or PuritySweep. PurityScan will provide an application that lets users find objectionable material on their hard drive. PuritySweep will provide an application that cleans out files from a user's hard drive, some of whose content may prove to be objectionable by nature.
2. Customer Conduct/Responsibilities.
2.1 Customer understands that all information whether publicly posted or privately transmitted over the Internet is the sole responsibility of the person from which such information comes. You, the customer, must take total responsibility for all material acquired through the site. PurityScan and PuritySweep cannot and does not guarantee the quality, integrity, or accuracy of such information.
3.1 Customer shall indemnify and hold PurityScan or PuritySweep and its officers and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of material transmitted or made available by customer through the site, the software distributed from the site and any third party software remotely updated to the customer?s computer through the PurityScan auto update feature, outlined in section 2 part 10.
3.2 Customer shall indemnify and hold PurityScan or PuritySweep and its officers and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party and arising out of any hardware or software contamination caused by the customer using the site.
4. LIMITATION ON LIABILITY. PURITY SCAN WILL NOT BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY WITH RESPECT TO ANY LOSS OR DAMAGE, INCLUDING DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, RESULTING FROM AN AUTO-UPDATED THIRD PARTY, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM OR IN CONNECTION WITH THE PROVISION OF SERVICES UNDER THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
5. DISCLAIMER OF WARRANTIES.
5.1 CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE APPLICATION IS AT ITS SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PURITY SCAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING SPECIFICALLY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2 PURITYSCAN AND PURITYSWEEP MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR EXPECTATIONS, THAT SERVICE WILL BE UNINTERRUPTED, AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
5.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OCCASIONED THEREBY.
6. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available PurityScan and PuritySweep user and PurityScan and PuritySweep distributor terms. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued inclusion of our software on your computer or continued participation as a distributor of our software following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change. Any change to this agreement also applies to any use of PurityScan after termination of this agreement, especially in regards to competing with the company in business.
7. These terms apply to anyone who has ever used the PurityScan or Purity Sweep application for any purpose including, but not limited to: Use for surfing the Web, use in a reseller relationship, use in reviewing the PurityScan or PuritySweep application, use in evaluating the PurityScan application, or for any other use whatsoever. Reverse engineering the PurityScan or PuritySweep software, modifying the software, competing in business in any way with PurityScan, PuritySweep or Click Spring, is not allowed as per this agreement and this paragraph. If you accept the terms of this agreement you will not directly or indirectly compete with the business of the Company, as defined by Click Spring LLC, and its successors during and after the period of your affiliation with our Company. The term "not compete" as used herein shall mean that you shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of affiliation. You acknowledge that the Company shall or may in reliance of this agreement provide you with access to trade secrets, customers and other confidential data and good will. You agree to retain said information as confidential and not to use said information on your own behalf or disclose the same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. In the event that this agreement is terminated by either party, this no-compete clause still holds true for a period of 15 years.
8. Termination of accounts. The company reserves the right to reject or terminate your account at any time.
9. As a user of PurityScan or PuritySweep you hereby agree not to directly or indirectly compete with the business of the Company and its successors during and after the period of your use of PurityScan or PuritySweep. The term "not compete" as used herein shall mean that you shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of use. You acknowledge that the Company shall or may in reliance of this agreement provide you with access to trade secrets, customers and other confidential data and good will. You agree to retain said information as confidential and not to use said information on your own behalf or disclose the same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. In the event that this agreement is terminated by either party, this no-compete clause still holds true for a period of 15 years. At no point in time will you ever modify, copy, or compete with the PurityScan or PuritySweep software. You will never compete with PurityScan, PuritySweep or Click Spring, LLC in the industry of online privacy, pop-up protection, or any business whatsoever involving Click Spring, LLC. Downloading our software from our servers, using the application from your computers or the computers of your employers, and submitting your information or your employer?s information stored in our database shall constitute agreement to these terms.
10. Due to the ever-changing nature of software distributed on the Internet, PurityScan has included an auto update feature to ensure that you have the most recently released version of the PurityScan software. You acknowledge that PurityScan or parties appointed by PurityScan may from time to time provide programming fixes, updates and upgrades to you, including automatic updates to PurityScan, upgrades may include installation of third party applications, through automatic electronic dissemination and other means. You consent to such automatic updates and agree that the terms and conditions of this Agreement will apply to all such updates. Unless explicitly stated otherwise, any new features that augment or enhance the current software provided by PurityScan, including the release of new PurityScan properties, shall be subject to terms of this License. If you should elect not to have your software updated at any future time, PurityScan shall not be responsible for any incompatibilities that may arise on your system.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE MAKERS OF PURITYSCAN AND PURITYSWEEP (CLICKSPRING, LLC). BY RUNNING THE PROGRAM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.