Optimo Defender AntiVirus 1.1

EULA - End User License Agreement

IMPORTANT: READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE AND ITS SERVICES. THIS IS A LEGAL CONTRACT INVOLVING OPTIMO DEFENDER AND YOU (ON YOUR BEHALF AS AN INDIVIDUAL AND/OR THE COMPANY OR LEGAL BODY ON WHOSE DEVICE THIS SOFTWARE IS INSTALLED)

AFTER CLICKING THE “ACCEPT” BUTTON OR AFTER INSTALLING THIS SOFTWARE PRODUCT ASSOCIATED WITH THIS LICENSE AGREEMENT (THE “SOFTWARE”), YOU WILL BE TIED UP BY THIS LICENSE AGREEMENT AUTOMATICALLY.

IT IS NOT NECESSARY TO AGREE TO THESE TERMS BUT, UNTIL AND UNLESS YOU DON’T, THE SOFTWARE WILL NOT INSTALL AND YOU WILL NOT BE ALLOWED TO USE THIS SOFTWARE. IF YOU DO NOT CONCUR TO THESE TERMS AND CONDITIONS, THEN PLEASE SELECT OR CLICK “DO NOT ACCEPT” AND DO NOT TRY TO USE THIS SOFTWARE.

CONTACT (I) YOUR VENDOR OR OPTIMO INC. CUSTOMER SERVICE, USING THE CONTACT DETAILS IN THIS LICENSE AGREEMENT, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE AMOUNT YOU PAID FOR THE CURRENT SERVICE PERIOD (DEFINED BELOW) AT ANY TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE OF AN ANNUAL SUBSCRIPTION OR WITHIN THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE OF A MONTHLY SUBSCRIPTION , OR (II) YOUR SERVICE PROVIDER FOR INFORMATION ON HOW TO OBTAIN A REFUND IF YOU OBTAINED THE SOFTWARE AND SERVICES FROM YOUR SERVICE PROVIDER.

ANY TYPE OF COMMERCIAL USE OF THIS SOFTWARE, AND RESALE TO AN END CONSUMER OR FURTHER DISTRIBUTION OF THIS SOFTWARE, OTHER THAN AS SPECIFICALLY AUTHORIZED BY THIS AGREEMENT, WILL CONSTITUTE AS A BREACH OF THIS LICENSE AGREEMENT AND WILL INFRINGE THE APPLICABLE COPYRIGHT LAWS.

NOTICE: THIS SOFTWARE CONTAINS A “TIME OUT’ ATTRIBUTE THAT WILL MAKE THIS SOFTWARE INOPERATIVE AT THE CONCLUSION OF THE TERM (AS DEFINED IN LICENSE AGREEMENT BELOW).

1. License Grant; Related terms and conditions

A) Grant of a Single User License

As per the terms of service, Optimo Inc. authorizes you to a non-exclusive and non-transferable license during the tenure to make use of the Software

(a) only in executable form on a single computer and

(b) Only for your individual use and not for buying or selling or delivery of any product or service to a 3rd party or any other commercial purpose, unless stated otherwise.

B) Limitations

You are not allowed to give permission to any 3rd party to copy the software except for provisional transfer in case of computer break down, install software on another computer;

Except as allowed by law or a reverse engineer, disassemble, decompile, interpret, reconstruct, change or pull out the Software or any segment of the Software.

Except as allowed by law, alter, amend, or otherwise make changes in the Software.

You are not allowed to give permission to any 3rd party to transmit, promise, lease, allocate or sublicense the Software other than in relation with the vending or transfer of the computer where it was first installed.

You are not allowed to give permission to any 3rd party access to or make use of the software on a service agency, timesharing, subscription service, or application service provider basis.

You are not allowed to give permission to overpower or avoid, attempt to overpower or avoid, or give permission or help any3rd party in overpowering or avoiding user controls on the installation or the usage of duplicates of the Software.

C) Updates

During the agreement, Optimo Inc. will supply updates to the Software and/or the malware marks incorporated there as an UPDATE. Updates will be considered Software for all uses during the term that this agreement exists. You concede that will allow regular installation of UPDATES to ensure that you receive complete benefit from the Software.

2. Term; Termination

The tenure of this accord or agreement shall begin on the date you download and install the Software, and shall go on till the time it is called off by either of the parties in agreement. You can end this accord or agreement at any point in time by simply uninstalling the software and clearing copies of Optimo Defender during your control and tenure. Optimo Inc. will provide notice of cancellation and termination of the agreement in the form of a dialog box made visible by the Software at the time of UPDATE. However, Optimo Inc. will not provide any notice for the termination to be successful.

3. Ownership

Optimo Inc. maintains all privileges and rights in the Software that are not explicitly decided in the agreement. All copyrights, trademarks and further possible intellectual property right are and will be owned by Optimo Inc. or its licensors and are taken care of by US and overseas copyright acts, global agreements and various other laws that are applicable. In accordance to this accord or agreement, you are allowed to make its copy provided it contains the entire copyright and other notices that are present in the original version.

4. Limited Warranty and Disclaimer

Optimo Inc. warrants that for the first (30) thirty days from the purchase date, the Software or any of its accompanying services will function largely in accordance with the documentation and the media on which software is contained and given to you will be free from errors.

The limited remedy for the violation of the abovementioned limited warranty shall be Optimo Inc. discretion,

(a) return of the payment made by you, if any,

(b) replacement of the defective media that contains the Software

You should return the defective part of the Software to Optimo Inc. or to the vendor from whom you bought the Software or its accompanying services at your own expense along with a copy of the receipt. This limited warranty stands null and void in case the defect is the result of any accident or abuse by you.

Warranty Disclaimer

Optimo Inc. does not provide any warranty as to the use or performance of the Software, except for the limited warranty mentioned above. The Software is provided “AS IS”. Optimo Inc. gives no warranty of any sort and explicitly disowns all other kinds of warranties whether explicit, indirect, or legal together with, but not restricted to any indirect warranties or fitness for a specific reason. Optimo Inc. also explicitly disowns any and all Warranties that are related to non-infringement of 3rd party rights, merchantability, quality, or capacity to assimilate the Software with other products. You take the accountability for selecting the Software to accomplish the anticipated results, and for the installation of, use of, and results attained from, the Software.

Without restricting the above-mentioned, Optimo Inc. makes no claims that the Software will guard against all potential threats, be free from errors, and free from disturbance or stoppage, or any other failures, or that the Software will meet up all your particular requirements.

5. Limitation of Liability

Optimo Inc. or its vendors or resellers will not be responsible or liable either to you or any 3rd party for any substantial, indirect, accompanying, penalizing or special damages, at all, without considering the reason or theory of liability. This includes without any binding, damages acquired for the loss of profits, confidentiality loss, loss of the use of any computer, or software which includes the software itself, disruption in business, losing of important business info, or any other financial loss, that comes out of this accord or agreement and the software supplied here, even if Optimo Inc. has been informed of the chances of damages of this nature. Under no circumstances, the liability of Optimo Inc. with respect to the software will not go beyond five dollars (US$5.00). The preceding limitation will be valid despite any collapse of important purpose of any restricted remedy.

6. Money Back Guarantee

As the original licensee of the Software and its services, if you are not happy with the product for any reason, you are requested not to use the Software and its accompanying Services and get in touch with (a) the certified vendor from whom you bought the Software and its accompanying Services, or (b) the certified vendor that sold you a preloaded device comprising of the Software and its accompanying services, or (c) the customer care of Optimo Inc. using the contact information stated in this License Agreement.

In case you want money back of the amount you paid for the current period at any point in time during the sixty (60) day period subsequent to the purchase date of a yearly subscription or within thirty (30) days subsequent to the purchase date of a monthly subscription. Except when the Software and its accompanying services are faulty, you will be liable for the recurring charges of the Software and its Services to Optimo Inc. along with other charges as may be applicable. As a consumer, this does not have an effect on any legal rights you have as a Consumer under the laws pertinent in your jurisdiction. To steer clear of any doubt, the former is not applicable if you have taken the Software and its accompanying Services from your Service Supplier.