PLEASE READ THE ENTIRE END-USER-LICENCE-AGREEMENT CAREFULLY BEFORE YOU PROCEED INSTALLING AND USING THE SOFTWARE.
Installation and use of the Software (hereinafter referred to as the „SOFTWARE“) is subject to the following provisions of this End-User-Licence-Agreement (hereinafter referred to as the “EULA” or the “LICENCE AGREEMENT”). The Licence is granted by Freemium GmbH, Schwedter Straße 9a, 10119 Berlin (herein after referred to as “FREEMIUM” or the “PRODUCER”). More information on Freemium GmbH can be found in the ‘imprint’ called section on www.freemium.com.
Freemium System Utilities contain various software applications for optimizing your computer as well as tools for system repair and maintenance. The Utilities include a Registry Cleaner and functions to delete temporary files, invalid linkage, spyware as well as functions to delete data showing the user behaviour and to clear the start menu.
By installing and using the Software you agree to the terms and conditions as provided in this EULA. The terms and conditions shall be deemed as agreed, if you click the button “Accept” during the installation process. If you do not agree you cannot install or use the Software.
You acquire a free-of-charge-licence to use the Software (hereinafter referred to as: the “LICENCE”). By purchasing the Licence Freemium grants to you a simple, nonexclusive and perpetual right to use the Software in its current version for non-commercial purposes.
The Licence covers the right for permanent or temporarily, fully or partial reproduction of the Software by a computer for the purpose of its execution, which means storage, loading and procession of the Software as well as for display on a screen.
The Software itself including all documentation that has been made available to you remains intellectual property of the Producer. The Software is protected by copyright law. You must not remove or damage any copyright notices within the Software.
You may make create a safety-copy of the Software as long as this one copy is only used to secure the future use of the Software.
You are entitled to transfer the Software free of charge. That means you are expressly not permitted to sell and lease the Software to third parties. Freemium shall be given notice of any transfer or publication of the Software. You may install and use the Software on more than one computer as well as in a computer network.
You are not allowed to modify the Software. Decompiling and disassembling is only permitted if necessary to procure information which is required to secure interoperability with an independently developed computer Software. All information gained must not be passed on to third parties nor be used for actions violating intellectual property law. This refers especially to the development, production and marketing of a programme that is similar to the Software or its functions.
We reserve the right to change the features and functions of the Software from time to time, this means to extend, to change or to limit its functions and to convey the changed Software as a new version (update) to you.
Thus, after installation on your computer the Software communicates at regular intervals with our servers, to request updates automatically and install them on your computer.
For the granting of rights to use the Software Updates Sect. 2 of this EULA shall apply accordingly.
The Software and its documentation are provided in their respective current condition. We give no explicit or implicit guarantee or warranty. We do not warrant any specific quality, performance, merchantability or fitness for a particular purpose. Furthermore we do not guarantee or warrant availability, accessibility, fluency, safety, accuracy or completeness of the Software as well as operation without the loss of data.
We shall be liable without limitation for damages resulting from injuries to life, body or health. For other damages caused by breach of contractual or non-contractual duties our liability is limited to intentional or gross negligent behaviour on our side. Any further liability including but not limited to damages caused by interruption of work, loss of data, failure or malfunction of computers and loss of profit is excluded.
We shall also be liable for damages resulting from the breach of material contractual obligations. Material obligations are those obligations for which performance is essential for the proper implementation of the contract and upon the fulfilment of which the contractual partner may rely (cardinal duties). In case of slight negligence with regard to damages resulting from the breach of material obligations our liability shall be limited to the foreseeable damage typical for this type of contract.
Liability for damages caused by breach of non-essential subsidiary obligations by us shall also be limited to the foreseeable damage typical for this type of contract.
In case of any loss of data caused on negligent behaviour on our side our liability is limited to typical and ordinary damages in due consideration of appropriate data storage; this restriction doesn't take place if the data storage was restrained or impossible due to provider's fault.
The limitation of liability according to the aforementioned provisions shall also apply with respect to our liability for the misconduct of any of our legal representatives and agents.
Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
The Licence is granted for an unlimited period of time.
You may terminate the Licence Agreement any time by uninstalling respectively deleting or destroying the Software including all safety copies in your possession (see Sect. 8 of this EULA).
In case of gross violation of a duty set forth in this Licence Agreement we are entitled to terminate the Licence for cause with immediate effect and without prior notice.
A right to terminate for cause shall particularly apply if the Software is misused by you including but not limited to cases where the Software is used for fraudulent, anti-competitive or right infringing purposes.
In case of termination of the Licence you are obliged to immediately and completely delete or destroy all copies or partial copies of the Software as well as all changed or adapted versions of the Software, including copies and/or partial copies of those. This also applies to the safety-copy.
You may uninstall the Software from your computer at any time. You will find the function to uninstall the Software in the system preferences on your computer. This function is normally shown as “uninstall/delete programme” or a similar expression is used. The Software is can be found under the name “Free System Utilities”.
Binding version for the interpretation of this Licence Agreement shall be the one in German language. If translations in other languages exist, those are non-binding and only for information purposes.
This Licence Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation including any non-contractual obligations) shall be governed by and construed in accordance with German law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Binding law on consumer protection, which applies according to the law in the country of residence of the consumer outside Germany, shall remain unaffected.
If the licensee is a merchant, a corporate body under public law or a special fund under public law, the Parties irrevocably agree that the courts of Berlin shall have exclusive jurisdiction to settle any dispute arising out of this Agreement, or in connection with it (including any non-contractual obligations.
If any provision of this Licence Agreement is found by any court or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, such provision shall be deemed to be served from this Licence Agreement and this shall not affect the remaining provisions of this Licence Agreement which shall continue in full force and effect.