PC 1Care END USER LICENSE AGREEMENT
PLEASE READ THIS PC 1Care END USER LICENSE
AGREEMENT (this "AGREEMENT") CAREFULLY BEFORE
INSTALLING OR USING PC 1Care SOFTWARE
("PC 1Care"). BY INSTALLING OR USING PC 1Care,
YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF
THIS AGREEMENT.
PC 1Care, Inc.
("PC 1Care"), a California corporation, strives to
provide exceptional software products that help to
resolve computer problems and help to facilitate an
error-free and more enjoyable Internet and computer
experience for the end user. By installing the
Software, you hereby agree to the following terms
and conditions and will automatically be subject to
this Agreement.
1a. Manual
free fix: ASR allows you to manually fix
limited amount of items at a time for free. You can
go to menu/settings screen to get step by step
instructions on how to use this free option.
PC 1Care Pro is an all in one pc tool to fix,
clean, optimize and protect your PC. PC 1Care Pro
is always free to use to fix all found results in a
limited fashion (free manual fixes are free and
unlimited but limited to few fixes at a time). Pro
version gives you instant unlimited 1-click-fixes.
You can upgrade at antime to do all fixes and
cleaning etc. in 1-click.
1. License.
Subject to the terms and conditions of this
Agreement, PC 1Care hereby grants to you a
limited, non-exclusive, non-transferable license,
without the right to sub-license (except as
otherwise provided herein), to use or evaluate the
Software in accordance with this Agreement.
PC 1Care retains all rights in the Software other
than those expressly granted to you in the preceding
sentence. You understand that you have been granted
a license to use the Software. Without limiting
anything herein contained, PC 1Care does not
transfer title of the Software to you.
2. Intellectual
Property.
As between you, the end user, and PC 1Care,
PC 1Care shall at all times remain the sole and
exclusive owner of the Software technology,
including, without limitation, all know-how,
copyrights and patents related to the Software
("PC 1Care Technology"). PC 1Care shall at all
times have the right (but not the obligation) to
prosecute, maintain, enforce and defend PC 1Care
Technology, in its sole discretion.
3. Limited
Warranty; Limited Remedy.
PC 1Care warrants that the Software will be
conforming and free from defects until ninety (90)
days after the date of manufacture (which date of
manufacture shall be clearly marked in materials
provided to you). Notwithstanding anything contained
in this Agreement to the contrary, the warranty of
PC 1Care as provided herein shall be void if any
alterations, modifications or work have been
performed on the Software, or to the extent that any
alleged defect is the result of abuse, misuse,
improper maintenance or storage, accident, action or
inaction on the part of any party other than
PC 1Care. Subject to the foregoing, if the
Software is not as warranted, you must notify
PC 1Care in writing within the ninety-day warranty
period noted above and return the Software to
PC 1Care within such ninety-day period in its
original packaging, together with any copies of the
Software made by you or in your possession, a copy
of your invoice or receipt and all materials
provided to you with the Software, including,
without limitation, all registration papers and
manuals. PC 1Care will, at its option, promptly
repair or replace the defective Software. Any such
repaired or replaced Software shall be shipped back
to you at PC 1Care sole expense. This remedy will
not be deemed to have failed of its essential
purpose so long as PC 1Care is willing and able to
repair or replace the defective Software in the
prescribed manner. THIS LIMITED WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, DESIGN,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
USE. Without limiting the generality of the
foregoing, PC 1Care expressly disclaims (a) the
success of the Software (to the extent the Software
is not discovered to be defective within the
ninety-day warranty period) and (b) the usefulness
for any purpose of the Software or any technology
provided thereunder. PC 1Care specifically
disclaims any representation or warranty that the
Software will meet your requirements, that the
operation of the Software will be uninterrupted,
that the Software will be error-free, and any and
every representation or warranty with respect to the
amount of performance increase or utility that the
Software will provide you. The Software will not
necessarily increase performance or provide a
utility benefit on your computer, and PC 1Care
makes no claim that your computer has any general or
specific deficiency, defect, or issue with
underperformance. Any claims or advertisements made
by PC 1Care that the Software will increase
performance or utility of your computer relate to
possible or potential improvement or utility.
PC 1Care makes no representation or warranty that
a specific utility or amount of performance
increase, nor any utility
or performance increase, will be realized on your
computer. Each computer is different and the
scenarios under which each computer is used are
different. PC 1Care makes no claim that the
Software will benefit any particular computer or
type of computer or any particular use of a
computer. Furthermore, PC 1Care DOES NOT
GUARANTEE THAT THE SOFTWARE WILL IDENTIFY AND/OR
REMOVE ANY SPECIFIC COMPUTER OPERATING SYSTEM
REGISTRY ENTRY OR ANY ASSOCIATED FILE.
4. Limitation
of Liability.
IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE
EVENT OF NEGLIGENCE ON THE PART OF PC 1Care) WILL
PC 1Care BE LIABLE FOR ANY ACTUAL, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL,
RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND ARISING
FROM OR RELATING TO THIS AGREEMENT OR ANY LICENSE
GRANTED HEREUNDER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS
INTERRUPTION, LOSS OF INFORMATION OR DATA, OR
PECUNIARY LOSS). PC 1Care liability under this
Agreement, without exception, is limited to the
lesser of (i) the amount paid by you for the
Software and (ii) the suggested retail price for the
Software as listed by PC 1Care; in either
instance, less any applicable taxes and shipping
fees. Upon seeking any reimbursement for the
Software, you must return to PC 1Care the Software
in its original packaging, any copies of the
Software made by you or in your possession, a copy
of your invoice or receipt and all materials
provided to you with the Software, including,
without limitation, all registration papers and
manuals. You must also complete, execute and submit
to PC 1Care any forms reasonably requested by
PC 1Care to effect a valid transfer of the license
from you back to PC 1Care. You will not be
entitled to any such reimbursement unless you
purchased the Software directly from PC 1Care and
return the Software postmarked no later than sixty
(60) calendar days from the date of purchase. If you
purchased the Software through a reseller,
distributor, retailer, or any other third party, you
must request a refund directly from such third
party.
5. User
Agreement
4.1 Evaluation
Version Use. You may evaluate a version of the
Software with limited features and functionality
(the "Evaluation Version") provided by PC 1Care
without purchasing a license for the maximum number
of days indicated by PC 1Care upon licensing to
you the Evaluation Version. You shall become subject
to all terms of this Agreement, to the same extent
as if you had purchased a license to use the
Software, immediately and automatically upon
installing or using the Evaluation Version. In order
to use the Software upon expiration of the term of
the Evaluation Version, or otherwise to have full
access to the features and functionality of the
Software, you must purchase a license to use the
Software. For more information about purchasing a
license to use the Software.
4.2 Activation
of Software. Upon purchasing a license from
PC 1Care in order to continue to use the Software
or to have full access to the features and
functionality of the Software, you may be required
to activate the Software through the Internet. There
are technological measures within the Software that
are designed to prevent unlicensed use of the
Software. PC 1Care will use those measures to
confirm you have a valid licensed copy of the
Software. PC 1Care will not collect any
information regarding your personal identity from
your computer location or workstation during this
process.
4.3 Distribution
of Evaluation Version. The Evaluation Version of
the Software may be freely distributed, provided
that:
a. Such
distribution includes only the original Evaluation
Version of the Software supplied by PC 1Care. You
may not alter, delete or add any files to the
Evaluation Version before its distribution or
otherwise modify the Software in any way.
b. You must not
misrepresent to any distributee that the Evaluation
Version contains all of the features and
functionality of the Software in its purchased
version.
c. No money is
charged to any recipient of the Evaluation Version,
beyond the reasonable cost of its packaging and
shipment.
d. You must provide prior email or written notice to
PC 1Care before distributing the Evaluation
Version to any third party and receive written
confirmation of PC 1Care authorization for such
distribution prior
to making any such distribution. If you intend
to distribute the Evaluation Version with other
hardware, media, or software, you must notify
PC 1Care thereof with your notification to
PC 1Care of your intent to distribute the
Evaluation Version and receive PC 1Care written
authorization prior to making such distribution.
e. You may, from time to time, be required to report
to us the number of units of the Evaluation Version
distributed by you. Hence, you must keep, for a
period covering at least the preceding three (3)
years, complete and accurate records pertaining to
your distribution of the Evaluation Version in
sufficient detail to permit PC 1Care to confirm
the number of units of the Evaluation Version
distributed by you. PC 1Care shall have the right
to audit such records for the purpose of verifying
any information provided, upon providing you with
reasonable written notice. PC 1Care shall bear the
full cost of any such audit, unless such audit
discloses a variance of more than five percent (5%)
from the number of units actually distributed, in
which case you shall bear the full cost of such
audit.
4.4 Purchased
Version Use. Upon purchasing a license(s) to use
the Software, you shall be permitted to use the
license(s) subject to this Agreement and all other
terms and conditions provided to you by PC 1Care,
including, without limitation, any term governing
the duration of any such license. Upon the
expiration of the term of your license, you must
renew and purchase another license in order to
retain full access to the Software. For more
information about purchasing additional licenses to
the Software or renewing your existing license.
You may not copy
the Software (except as otherwise provided herein);
distribute or sub-license the Software to any third
party; nor allow any third party to use, copy, or
evaluate any copy of the Software. A third party may
obtain an Evaluation Version of the Software or
purchase a license to use the Software from
http://www.pc1care.com.
4.5 Use
Restrictions. You shall use the Software in
compliance with all applicable laws and not for any
unlawful purpose. Each licensed copy of the Software
may be used on one single computer location or
workstation, unless otherwise authorized herein.
"Use" of the Software means that you have loaded,
installed, or run the Software on a computer or
similar device. If you install the Software onto a
multi-user platform, server or network, each and
every individual user of the Software must be
licensed separately or included in a multi-site
license in order to access all the features and
functionality of the Software. You may make one copy
of the Software for backup purposes, provided you
have only one copy installed on one computer
location or workstation (unless you have a
multi-site license, in which case the Software may
be installed in the number of computers expressly
covered by the multi-site license). Third parties
may not use or install your licensed copy of the
Software. The assignment, sub-license, networking,
sale, or distribution of copies of this licensed
Software is strictly forbidden without the prior
written consent of PC 1Care, which may be withheld
in PC 1Care absolute discretion. It is a violation
of this Agreement to assign, sell, share, loan,
rent, lease, borrow, network or transfer the use of
this licensed Software or any accompanying
documentation. If any person other than yourself
uses Software registered in your name on another
computer location or workstation, regardless of
whether it is at the same time or different times,
then you are in violation of this Agreement. For
more information on restrictions on the distribution
of the Software, please visit http://www.pc1care.com.
When you purchase the Product, you are purchasing a
subscription to the product for a fixed term. At the
end of each subscription period, you will receive an
email notification to your last email on record.
Online option to cancel subscription is provided
together with your license key. Unless this
Agreement is terminated, PC 1Care will
automatically renew the subscription at the end of
each subscription term for another period (Renewal
Term) by directly charging your account the current
renewal price. In cases a discount price quoted the
day of purchase, it is valid only for the offered
introductory term. After that, your subscription
will be renewed at full price.
5.1. Missed Payment and Back-Billing. In the event
of a missed subscription payment, the company
reserves the right to back-bill the customer for the
outstanding amount. This means that the total cost
of the subscription service for the missed billing
period will be added to the next scheduled payment.
Any additional late fees that may apply will also be
included.
5.2.
Definition of Missed Payment. A missed payment is
defined as any situation where the payment method is
declined, there are insufficient funds, or the
payment is not received by the due date specified in
the subscription agreement.
5.3. Back-Billing Policy. The back-billing policy
dictates that any missed charges will be applied to
the next invoice within [insert timeframe here].
This timeframe will be clearly communicated to the
customer in advance.
5.4. Notification Process. Customers will be
promptly notified about missed payments and
potential back-billing charges through email alerts
and updates on their account dashboard. Transparency
in communication is key to informing customers of
any outstanding payment issues.
5.5. Subscription Migration. When PC 1Care
migrates subscriptions to a different payment
processor, customers may be back-billed for any
missed payments during the transition.
By continuing with the subscription service, the
customer acknowledges and agrees to these terms and
conditions concerning missed payments, back-billing,
notification processes, and late fees.
6. Proprietary
Information. The Software contains copyrighted
material, trade secrets and other proprietary
material. You shall not, and shall not attempt to,
modify, reverse engineer, disassemble or decompile
this Software. Nor can you create any derivative
works or other works that are based upon or derived
from the Software, whether in whole or in part.
You shall not use
PC 1Care name, logo or graphics in any way or for
any purpose, including, without limitation, to
promote any product. PC 1Care retains sole and
exclusive ownership of all right, title and interest
in and to the Software and all intellectual property
rights relating thereto. Copyright law and
international copyright treaty provisions protect
all parts of the Software. You may not use or copy
any program, code, part, image, or text of the
Software except as expressly provided herein. All
rights not expressly granted to you hereunder are
retained by PC 1Care.
7. Indemnification
of PC 1Care. You hereby agree to indemnify,
save, hold harmless and defend PC 1Care, its
directors, officers, employees, agents and
distributors from and against any and all losses,
damages, liabilities, expenses and costs, including
reasonable attorneys fees and legal costs, resulting
from or in any way connected with this Agreement;
your breach of any term of this Agreement; your
purchase, handling or use of the Software; or any
use of the Software by any distributee of the
Software
8. Governing
Law. Any action related to this Agreement will
be governed by California law, without giving effect
to any choice of law provision
9. Termination.
Any breach by you of any term or condition of this
Agreement will result in the automatic and immediate
termination of your license to the Software, without
any further action on the part of PC 1Care and
without any refund to you. Upon termination of your
license to the Software for any reason, you agree to
immediately cease use of the Software and to destroy
any copies of the Software in your control or
possession. Any financial obligations to PC 1Care
incurred by you prior to the expiration or earlier
termination of your license shall survive the
expiration or termination of your license. Nothing
herein contained shall limit PC 1Care remedies in
the event of breach by you of this Agreement.
PC 1Care shall remain entitled to all remedies
available under the law or in equity in the event of
your breach of this Agreement.
10. Binding
Arbitration. Any dispute arising out of or
relating to this Agreement or the license to the
Software that is not otherwise amicably settled
between you and PC 1Care shall be exclusively
resolved by arbitration between you and PC 1Care
in accordance with the applicable arbitration rules
of the American Arbitration Association, with the
arbitration to be conducted with one arbitrator in
the English language taking place in Newport Beach,
California or such other location as mutually agreed
by you and PC 1Care. The results of any such
arbitration proceeding shall be binding upon you and
PC 1Care, and judgment may be entered upon the
arbitration award in any court having jurisdiction
thereof. Notwithstanding the foregoing,
PC 1Care may seek interim injunctive relief from
any court of competent jurisdiction.
11. Consent
to Use of Data. You agree that PC 1Care may
collect and use information transmitted by you
through the Software and/or gathered in any manner
as part of the product support services provided to
you, if any, related to the Software. You are not
obligated to transmit any information related to the
reporting of parasites or malicious files if you
choose not to do so when prompted. PC 1Care may
also (but shall not be obligated to) use any
information collected to provide notices to you
which may be of use or interest to you. The Software
contains components that enable and facilitate the
use of certain Internet-based services. You
acknowledge and agree that PC 1Care may
automatically check the version of the Software that
you are utilizing and may provide updates, upgrades,
or fixes to the Software. In order to receive such
updates, upgrades or fixes, you must agree to
download the same when prompted. You are not
obligated to download any upgrades or fixes to the
Software.. PC 1Care will not collect any
information that personally identifies you from your
computer location or workstation during this
process.
All of our products are protected by a money back
guarantee. We give you a full 30 days to test our
software and make sure it works as advertised. A
refund is issued if the program does not resolve the
issues it promised to fix or does not work correctly
on your PC.
You
acknowledge that upon your initial subscription, you
enrolled under an introductory offer. This offer may
have included special pricing or specific billing
terms that are subject to change as outlined in this
document.
PC 1Care reserves the right, at its sole
discretion, to change the billing cycle associated
with your subscription. Modifications may include
altering the frequency of charges (e.g., from
monthly to annually) to better serve our customers
and maintain high-quality service offerings.
Due to factors such as operational costs, service
enhancements, or changes in market conditions, we
may find it necessary to adjust our subscription
prices. You will be notified of these changes in
accordance with our Notification Policy (outlined
below).
Any
modifications to the billing cycles or pricing will
be communicated to you in advance via email or
through a notice within our application/website. We
aim to provide at least 30 days notice prior to
implementing any changes.
Your continued use of the services constitutes
acceptance of these modifications. If you do not
agree with any changes made, you retain the right to
cancel your subscription without penalty by
following our cancellation procedures before the new
terms take effect.
For any questions regarding these Terms and
Conditions or if you require further clarification
about potential subscription modifications, please
contact our support team at
support@pc1care.com
To review PC 1Care privacy policy, please
visit: http://www.pc1care.com/Privacy-Policy.php
19. How
to Uninstall PC 1Care software
To uninstall the program from Windows 7:
To uninstall the program from Window Vista:
To uninstall the program from Windows XP:
To uninstall the program from Windows 8:
To uninstall the program from Windows 10:
20. Miscellaneous. This
Agreement constitutes the complete, final and
exclusive embodiment of the entire agreement between
you and PC 1Care with regard to its subject
matter. If any provision of this Agreement is
determined to be invalid or unenforceable, in whole
or in part, this determination will not affect any
other provision of this Agreement, and the provision
in question will be modified so as to be rendered
enforceable.
21. Contacting
Us
If
you would like to contact us for any reason,
please contact us as described below:
PC 1Care LLC.
Tenttion: Legal Department
32565 B GOLDEN LANTERN ST. DANA POINT CA, 92629
Email: support@pc1care.com
PC 1Care, LLC.
LAST MODIFIED: 03-29-2025
32565 B GOLDEN LANTERN ST. DANA POINT CA, 92629