Agreement
Power PC Pro, Power PC Pro Printer Cache Cleaner, and Power PC Pro System Optimizer are trademarks of “Integral System LLC” and “In system Tech”, with which they collaborated to develop these licensed program.
IMPORTANT—READ CAREFULLY:
We advise you to read this EULA as carefully as you would any other legal document before installing or using the Licensed Software. You (“you,” “your,” or “Licensee”), and In system Tech (“Licensor”), are entering into this End User License Agreement (EULA) to determine the terms and circumstances under which you will be licensed (and not sold) the Licensed Software identified above. The Licensed Software is defined as computer software, which may or may not have accompanying media, printed documents, “online” or electronic documentation, or Internet-based services.
You agree to be bound by the terms of this End User License Agreement (EULA) by installing, copying, or otherwise using the Licensed Software. DO NOT INSTALL OR USE THE LICENSED SOFTWARE IF YOU DO NOT AGREE WITH THE TERMS. You may return the Licensed Software to the place of purchase for a full refund (minus, where applicable, shipping, handling, and any taxes) within 30 days of purchase, provided that you have not installed, accessed, or utilized the Licensed Software. Our Privacy Policy, which governs our use of any registration data and other information that you may supply to us in connection with the use of the Licensed Software, is available on our website at https://insystemtech.com/privacy-policy/. Please read them carefully.
You should be aware that this EULA contains provisions that waive your right to participate in a class action (as set forth below, the “Class Action Waiver” provision) and that require you to submit any Disputes (as defined below) with “Power Pc Pro” to binding arbitration (as set forth below, the “Dispute Resolution” provision), which may affect your rights under this EULA. You have the option of declining to participate in the mandatory individual arbitration and class action waiver as described below.
LICENSE TERMS
CONTENTS.
All of the files, disk(s), CD(s), DVD(s), or other media with which this EULA is provided are collectively referred to as the “Licensed Software,” and this includes, but is not limited to:
(1) any third-party computer information or software that Power Pc Pro has licensed for inclusion in the Licensed Software;
(2) any written materials or files relating to the Licensed Software (“Documentation”); and
(3) any upgrades, modified versions, updates, additions, and copies of the Licensed Software
INSTALLATION AND ACTIVATION.
Licensee may install and/or use only one copy of the Licensed Software per user licensing, unless Licensee has acquired a Site License Agreement. Licensee should check the Licensed Software’s packaging or, in the instance of Licensed Software obtained by electronic download, Licensee’s order receipt to verify how many user licenses were included with the purchase. Extra licenses for the Licensed Software can be purchased through the website’s user interface at the pricing shown there. Any and all costs associated with Licensee’s installation of the Licensed Software are the exclusive responsibility of Licensee.
There are technical safeguards built into the Licensed Software that will disable any attempt to use it without a valid license. To ensure you comply with the terms of this EULA and do not exceed the maximum number of user licenses you have purchased, the Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to only a finite number of times, and for a finite number of machines.
As mentioned during installation and in the Documentation, activation of the Licensed Software may be necessary. You may be asked to provide a serial number and create an account as part of this activation process. (It is important to note that you may not require a serial number to activate a trial version of the Licensed Software; nonetheless, we reserve the right to restrict the duration of your usage of the Licensed Software and/or the breadth of its Functionality.)
In the event that activation is necessary but is not completed within the time limit specified in the Documentation and/or stated during installation, the Licensed Software will cease to operate until activation is completed, at which point functionality will be restored. Power Pc Pro’s “Support” page may be found at https://insystemtech.com/power-pc-pro-computer-tune-up-software/ if Licensee has any difficulties throughout the activation procedure.
The Licensed Software was developed for usage on actual computers, thus using it in a virtual environment may compromise its performance.
INTERNET ACCESS
In order to use all of the Licensed Software’s capabilities, you may need to be online.
Please review the following sections for details on our express disclaimer of warranties and limitation of liability in the event of internet service interruption or unavailability.
PERSONAL DATA PROTECTION
In using the Licensed Software, you acknowledge and agree that Power Pc Pro may collect and use information about you and your use of the Licensed Software in accordance with its Privacy Policy. For the purposes of delivering the Licensed Software and any functionalities thereof, you additionally accept and permission that Power Pc Pro may collect, utilize, transmit, process, and keep information pertaining to your Account and any devices or computers registered thereunder.
Technical or diagnostic information relating to your use of the Licensed Software may also be collected by Power Pc Pro and utilized to support, upgrade, and enhance Power Pc Pro’s products and services. Please see /, Privacy Policy for a detailed explanation of how we handle your personal data. You also acknowledge and agree that Power Pc Pro, its affiliates, and/or their service providers may store, process, and utilize such information in the United States and/or other countries.
Power Pc Pro and its partners and licensors may collect, use, transmit, process, and maintain such location and account data in order to offer and enhance such features or services, and you hereby accept and consent to such collection, use, transmission, processing, and maintenance.
COPIES.
The Licensee is only allowed to create one copy of the Licensed Software, and that copy must only be used for the purposes of archiving or backing up the original copy. The Documentation may not be copied in any way.
TRANSFER.
Without the prior written agreement of Power Pc Pro, the Licensee is not permitted to sell, assign, sublicense, rent, lease, lend, or otherwise transfer the Licensed Software or the License granted by this EULA in any other manner.
USE.
This end-user license agreement does not offer an exclusive license to the user. The Licensed Software may only be used by the Licensee in the ways that are specifically authorized by this Agreement.
PROHIBITED USES.
(1) The Licensee is not permitted to modify, alter, adapt, or translate all or any portion of the Licensed Software;
(2) The Licensee is not permitted to create any derivative works from all or any portion of the Licensed Software;
(3) The Licensee is not permitted to reverse-engineer, decompile, disassemble, or attempt to discover the source code of the Licensed Software in any other way;
(4) The Licensee is not permitted to use an earlier version of the Licensed Software after receiving a media replacement or upgraded version
(6) Licensee is not permitted to remove or obscure Power Pc Pro’s copyright or trademark notices, or the copyright and trademark notices of third parties that Power Pc Pro has included in the Licensed Software; and
(7) Licensee is not permitted to use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
(8) Licensee is not permitted to use the Licensed Software in any manner that is not authorized by this agreement.
SOFTWARE UPDATES.
In the event that the Licensed Software is an Update to an earlier version, the Licensee is required to be in possession of an active License for the earlier version. Any Update that is provided to the Licensee is done so on a License-exchange basis. This means that the Licensee must agree, as a prerequisite to receiving an Update, that all of the Licensee’s rights to use any previous version of the Licensed Software will be forfeited in exchange for receiving the Update. Notwithstanding this, Licensee is permitted to continue using the older version solely for the purpose of easing the transition to the Upgraded version. With the release of an Update, Power PC Pro reserves the right to no longer provide support for earlier versions, even if the Licensee has not been notified.
CONTENT UPDATES.
The information included inside parts of Power PC Pro’s software may be subject to periodic changes. These updates may include, but are not limited to, updated virus definitions, URL lists, rules, driver database updates, and updated vulnerability data. The term “Content Updates” refers to all of these different kinds of Updates taken together. Power Pc Pro reserves the right to, at any time and in its sole discretion, add, alter, or delete features from the Licensed Software, including Content Updates. This may occur without prior notice.
SUPPORT.
This End-User License Agreement does not obligate Power Pc Pro to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee is permitted to order additional support services from Power Pc Pro for an additional charge during the term of this EULA. Power Pc Pro may offer these additional support services from time to time.
GOVERNING LAW.
You are a consumer. You should not be prevented by anything in this contract from benefiting from rights that are specifically given to you by any applicable consumer legislation.
This end-user licensing deal is subject to the substantive laws of Canada, and it will be controlled by those laws and construed in accordance with those laws, to the degree that is permitted by relevant consumer legislation. This End-User License Agreement will not be regulated by the laws of any jurisdiction’s conflict of law, nor will it be controlled by the United Nations Convention on Contracts for the International Sale of Goods, the applicability of which is explicitly rejected.
DISPUTE RESOLUTION.
WHEN YOU PURCHASE THE LICENSED SOFTWARE, THE FOLLOWING DISPUTE RESOLUTION MECHANISM WILL APPLY TO YOU IF YOU RESIDE IN, ARE LOCATED IN, OR ARE A CITIZEN OF CANADA, A EUROPEAN UNION MEMBER STATE, OR ANYWHERE OTHER THAN THE UNITED STATES:
To the extent that the consumer legislation of your normal place of residence permits, any dispute that arises out of or in connection with this EULA shall be committed to the exclusive jurisdiction of the Courts of British Columbia, Canada.
IF YOU ARE A RESIDENT OF THE UNITED STATES, LOCATED IN THE UNITED STATES, OR A CITIZEN OF THE UNITED STATES, THEN THE FOLLOWING DISPUTE RESOLUTION MECHANISM WILL APPLY TO YOU WHEN YOU PURCHASE THE LICENSED SOFTWARE:
The timely and effective settlement of any Disputes that may arise between you and Power Pc Pro is made possible by this clause. In the process of arbitration, parties to a dispute give up their rights to file a lawsuit, to proceed in court, and to have a jury trial in favour of submitting their disagreements to a neutral third party (also known as an arbitrator) for a decision that is legally binding on both parties. Arbitration is a form of private dispute resolution. You have the ability to opt out of this Provision (as will be detailed in more detail below), which would imply that you would keep the right to fight any disputes that you may have in a court, either in front of a judge or a jury.
Do make sure you read this provision in its entirety. It stipulates that any and all Disputes between you and Power Pc Pro (as defined below, for the purposes of this Article) should be settled by means of binding arbitration. The right to sue in court might be waived in favour of arbitration. You may normally have the right or opportunity to make claims in court, before a judge or jury, and/or to participate in or be represented in a lawsuit that has been filed in court by others. But, this arbitration agreement prevents you from doing any of those things (including, but not limited to, class actions). By entering into this agreement, you are waiving the right to litigate any claims and any chance to have such claims considered by a judge or a jury, unless a different provision expressly states otherwise. In arbitration, neither a judge nor a jury are present, and the judicial review of an arbitration ruling is restricted. This agreement must be followed by the arbitrator, and they have the same ability to award damages and relief as a court (including the ability to award lawyers’ fees).
“Power Pc Pro” refers to Power Pc Pro as well as its parents, subsidiary, and associate businesses, as well as each of those companies’ respective officers, directors, employees, and agents for the purposes of this Provision. The term “Dispute” refers to any dispute, claim, or controversy between you and Power Pc Pro regarding any aspect of your relationship with Power Pc Pro, regardless of whether the dispute, claim, or controversy is based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision. In the event that you and Power Pc Pro cannot (with the exception of the enforceability of the Class Action Waiver clause below). The term “dispute” is going to be given the widest possible interpretation, which will be upheld.
WE BOTH AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION. THE ONLY EXCEPTION TO
Pre-Arbitration Claim Resolution. You are required to first provide Power Pc Pro a chance to resolve any and all Disputes, regardless of whether or not the matter is taken to court or arbitration. In order to get this procedure started, you will need to send a written notification to Power Pc Pro’s Legal Department, which can be found at 1201 West Esplanade Ave, Apt. 303 LA, Kenner, Louisiana 70065, United States. +18885065226. Email: info@insystemtech.com. Your written notification has to include (1) your name, (2) your address, (3) a written statement of your Dispute, and (4) a description of the particular relief that you are looking for. You have the right to take your dispute to arbitration if Power Pc Pro does not resolve it within forty-five days of receiving your written notification that there is a dispute between the two of you. You are only permitted to take legal action about the Dispute in the instances that are detailed further below.
Exceptions to the Arbitration Policy and the Right to Decline Participation Despite what has been stated above, either you or Power Pc Pro may decide to pursue a Dispute in court rather than through arbitration if the following conditions are met: (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You have the option to opt out of this Provision by sending a written notification to Power Pc Pro, Legal Department, 1201 West Esplanade Ave Apt. 303 LA, Kenner, 70065 United States. You may also reach them by phone at +18885065226 or by email at info@insystemtech.com. Your written notification must include (1) your name, (2) your address, and (3) a clear declaration that you do not intend to settle problems with Power Pc Pro through arbitration. These requirements must be met in order to be considered valid. If you choose to opt out of this Provision, there will be no negative impact on your connection with Power Pc Pro as a result of your decision. Any request to opt out that is received after the Opt-Out Deadline will be invalid, and you will be required to pursue your Dispute through either arbitration or small claims court.
The Processes of Arbitration In the event that this Provision is applicable and the Dispute is not resolved in accordance with the provisions outlined in the preceding section (“Pre-Arbitration Claim Resolution”), either you or Power Pc Pro may begin the arbitration process. All Disputes shall be arbitrated by JAMS, which may be found online at www.jamsadr.com, and the arbitration will take place in front of a single arbiter. The dispute will first be addressed on an individual basis, and there will be no consideration of a class-wide resolution at any point throughout the proceedings. The arbitrator is the exclusive decision-maker on all questions, including the applicability of this Article in general.
Due to the fact that both this End User License Agreement and the Licensed Software are related to interstate commerce, the Federal Arbitration Act (also known as the “FAA”) controls the possibility of arbitrating any and all Disputes. Nonetheless, the arbitrator will apply the underlying substantive law in a manner that is consistent with the FAA, as well as any applicable statute of limitations or condition precedent to litigation that may be applicable.
Award Issued by Arbitration The arbitrator will not have the authority to grant relief to, against, or for the benefit of any person who is not a party to the case. Nevertheless, the arbitrator may award on an individual basis any relief that would be available pursuant to existing law. The arbitrator will put any award in writing, but unless a party specifically asks for a statement of reasons, they are not required to supply one. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Where the Arbitration Will Take Place You or Power Pc Pro may initiate arbitration in either Los Angeles, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Power Pc Pro may transfer the arbitration to Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
The payment of the fees and costs associated with the arbitration. Power Pc Pro will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Power Pc Pro as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Power Pc Pro specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above in section “Exclusions from Arbitration/Right to Opt Out”, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Licensed Software can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this agreement you and Power Pc Pro are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Power Pc Pro might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Review by Arbitrator. Any dispute regarding this Provision, including the enforceability of this Provision or the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator to determine.
Continuation. This Provision “DISPUTE RESOLUTION” shall survive the termination of your use of the Licensed Software and any related Power Pc Pro websites or services.
LIMITED WARRANTY ON MEDIA.
Power Pc Pro guarantees that the media on which the Licensed Software is distributed will be free from material defects for a period of thirty days beginning on the day that the Licensed Software is delivered to the Licensee. This guarantee begins on the date that the Licensed Software is delivered to the Licensee. In the event that the Licensee discovers a flaw in the media within this 30-day period, the Licensee may return the defective media to Power Pc Pro, and the Licensee’s only remedy is to have either the defective media replaced or, at Power Pc Pro’s sole option, a refund of the money that the Licensee paid for the Licensed Software.
NO WARRANTY ON LICENSED SOFTWARE.
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND “AS AVAILABLE,” AND POWER PC PRO AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO THEIR USE OR PERFORMANCE. EXCLUDING THE MEDIA ON WHICH IT IS DISTRIBUTED, THE LICENSED SOFTWARE POWER PC PRO AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO: THE QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE LICENSED SOFTWARE OR ANY RE
LIMITATION OF LIABILITY.
POWER PC PRO AND ANY OF ITS SUPPLIERS OR LICENSORS WILL IN NO EVENT BE LIABLE TO THE LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS (INCLUDING WITHOUT LIMITATION THOSE BASED ON THE THESE LIMITATIONS AND EXCLUSIONS ARE APPLICABLE TO THE EXTENT THAT IS ALLOWED BY THE LAW THAT IS APPLICABLE IN THE JURISDICTION OF THE LICENSEE. BE IT EVER SO, THE AGGREGATE LIABILITY OF POWER PC PRO, AND POWER PC PRO’S SUPPLIERS, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, OR 5 EUROS, WHICHEVER IS GREATER.
ADDITIONAL TERMS FOR BETA SOFTWARE.
If the Licensed Software that Licensee receives along with this EULA is pre-commercial release or “BETA” software (referred to collectively as “Pre-release Software”), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Software. However, this section only does so to the extent that it is necessary to resolve the conflict between the terms and conditions
Licensee agrees that the Pre-release Software does not reflect the final product from Power Pc Pro, and may have bugs, mistakes, and other issues that might cause system or other failures and data loss. As a consequence of this, Power PC Pro refuses to honour any warranty or liability obligations owed to the Licensee in any form, shape, or fashion.
WHERE LIABILITY FOR PRE-RELEASE SOFTWARE CANNOT BE SO EXCLUDED, BUT MAY BE LIMITED, POWER PC PRO’S LIABILITY, AND THAT OF ITS SUPPLIERS, SHALL BE LIMITED TO THE TOTAL OF FIFTY EUROS; THIS LIMITATION APPLIES TO JURISDICTIONS WHERE LIABILITY CANNOT BE SO EXCLUDED; (50 EUR).
Licensee acknowledges that Power Pc Pro has not promised or guaranteed to Licensee that the Pre-release Software will be announced or made available to anyone in the future, and that Power Pc Pro has no express or implied obligation to Licensee to announce or introduce the Pre-release Software. In addition, Licensee acknowledges that Power Pc Pro has not promised or guaranteed to Licensee that the Pre-release Software will be made available to anyone in the future. There is a possibility that Power PC Pro will decide not to launch a product that is analogous to or compatible with the Pre-release Software. Therefore, the Licensee acknowledges that any research or development that the Licensee conducts regarding the Pre-release Software, or any product associated with the Pre-release Software, is performed entirely at the Licensee’s own risk. This applies to both the Pre-release Software and any product associated with the Pre-release Software.
Throughout the course of this EULA, if requested by Power Pc Pro, Licensee will give feedback to Power Pc Pro about testing and usage of the Pre-release Software, including error or bug reports.
If Licensee has been given access to the Pre-release Software in accordance with a second written agreement, then the terms of that agreement will also control Licensee’s use of the Pre-release Software. In spite of anything in this EULA to the contrary, the Licensee is required to return or destroy all unreleased versions of the Pre-release Software within thirty days of the completion of Licensee’s testing of the Pre-release Software if that date is earlier than the date scheduled for Power Pc Pro’s first commercial shipment of the publicly released (commercial) software. This obligation applies only if the Licensee is located outside the United States.
SURVIVAL OF DISCLAIMERS.
The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.
EXPORT RULES.
Licensee shall not ship, transfer, or export Licensed Software into any country, nor shall Licensee use Licensed Software in any manner that is prohibited by the applicable export control laws, most notably, where applicable, the United States Export Administration Act, restrictions, or regulations (collectively referred to as the “Export Laws.”).
All of the rights to use the Licensed Software are given to the Licensee under the stipulation that the Licensee will comply with the Export Laws. If the Licensee does not comply with the Export Laws, then the Licensee will lose all of these rights.
INTELLECTUAL PROPERTY OWNERSHIP.
The Licensed Software and any approved copies that Licensee makes are the intellectual property of Power Pc Pro and are owned by Power Pc Pro as well as by third parties whose intellectual property has been certified by Power Pc Pro. The Licensee has the right to make copies of the Licensed Software, but Power Pc Pro retains ownership of the original software.
Power Pc Pro and similar third parties keep their important trade secrets and sensitive information, which includes the structure, organization, and code of the Licensed Software, in strictest confidence. The Licensed Software is safeguarded by the law, which includes, but is not limited to, copyright statutes enacted in the United States and other nations, as well as the terms of international treaties. The Licensee is not given any intellectual property rights in the Licensed Software, with the exception of those rights that are specifically provided for in this EULA.
RESERVATION OF RIGHTS.
Power PC Pro retains any and all rights that are not specifically given to Licensee by this End User License Agreement (EULA). The rights that have been given to Licensee are restricted to the intellectual property rights of Power Pc Pro as well as the intellectual property rights of any third parties that Power Pc Pro has licensed. Under the laws governing intellectual property in the United States of America and/or in other countries, Integral Systems, located at 1201 West Esplanade Avenue, Apartment 303 LA, Kenner, Louisiana 70065, has the exclusive right to exercise any and all rights.
COMPLETE AGREEMENT and BINDING EFFECT.
This End User License Agreement (EULA) represents the entirety of the agreement between the Licensee and Power Pc Pro regarding the Licensed Software, and it takes precedence over any and all earlier or more recent representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings governing the Licensed Software. This end-user license agreement is legally binding on both parties, as well as their authorized successors and assigns, and is formed for their benefit.
MODIFICATION.
To modify, add to, or otherwise alter the terms of this EULA, a written document bearing the signature of an authorised Power Pc Pro official is required.
SEVERABILITY.
If any provision of this EULA is found to be in violation of the law by a court of competent jurisdiction, other than what is provided in the “Dispute Resolution and Arbitration” Provision, that provision will be enforced to the fullest extent permissible, and the remaining provisions of this EULA will continue to be in full force and effect. Exceptions to this rule can be found in the “Dispute Resolution and Arbitration” Provision.
WAIVER.
No delay or inaction on the part of Power Pc Pro in the exercise of its rights or remedies may be construed as a waiver unless such an action is specifically communicated in writing by Power Pc Pro. No single or partial exercise of any right or remedy of Power PC Pro shall function as a waiver or prevent any other, subsequent, or additional exercise of that, or any other right or remedy. This provision applies whether the right or remedy is being exercised in its entirety or in part.
PROOF OF COMPLIANCE.
Within thirty calendar days of receiving a request from Power Pc Pro or an authorised representative of Power Pc Pro, the Licensee is obligated to provide complete documentation and to certify, under penalty of perjury, that the Licensee’s use of any and all Licensed Software is in compliance with this End User License Agreement (EULA).
TERMINATION.
If the Licensee violates the terms of this EULA and fails to make any necessary corrections within thirty calendar days of receiving a request to do so from Power Pc Pro or an authorized representative of Power Pc Pro, Power Pc Pro reserves the right to terminate this EULA, at which point all rights that have been granted to the Licensee shall immediately expire. In addition, in the event that the License is terminated, the Licensee is required to either return all copies of the Licensed Software to Power PC Pro or provide written confirmation that all copies of the Licensed Software have been eradicated.