Elex do Brasil Participações Ltda License Agreement
Thanks for using our products and services ("Services").
Elex do Brasil Participações Ltda (hereinafter may be referred to as " Elex ") reminds users to read this Software License and Services Agreement (hereinafter referred to as this "Agreement") and its terms and conditions carefully, including the exemption clauses regarding the exemption or limitation of Elex's liabilities and limitations to the rights of users. Users are required to either accept or not accept the Agreement after reading it (minors should read this Agreement under the guidance of their legal guardian). Only after reading and accepting this Agreement shall users be entitled to download, install and/or use this software and all related services. The installation and use of the software by users will be deemed as acceptance of this Agreement including any of its amendments, as well as consent to be subject to the restrictions and obligations contained within this Agreement.
If you, the user, have any objection to the clauses on the exemption or limitation of Elex's liabilities, the limitations of user rights or the settlement of legal disputes, please immediately stop the download, installation and use of this software. Otherwise, the download, installation and use of the software shall be regarded as your consent and agreement to the clauses herein.
This Agreement is established between users and Elex, as well as its operational partners (hereinafter referred to as "Partners"), in connection with the download, installation, use and reproduction of the software Yet Another Cleaner (hereinafter referred to as "YAC"), software which (i) speeds-up the time it takes for your computer to boot up, (ii) addresses major Windows updates and patches to keep your Windows system updated, (iii) addresses security issues and vulnerabilities that hackers, viruses and Trojans can use to illegally access your system, (iv) cleans up junk files, (v) monitors the security and performance of your system, (vi) repairs flash issues as they arise when trying to watch videos online, (vii) repairs or corrects issues accessing Facebook (where and if applicable), and (viii) assists in repairing network access issues (hereinafter referred to as the "Software"), describing the rights and duties of Elex and users regarding licensing of the Software and related rights. "User" refers to an individual or single entity who has obtained a Software license and/or Software product through the relevant channels provided by Elex.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Elex's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by mailing, placing a call to or other contact methods in the following conditions: (i) Use not related to the primary purpose for which the User provided it. The scope of use deemed related to the primary purpose shall be defined in the Reference Notice and shall be reasonable to Users; (ii) Disclosure or distribution to third parties, other than Agents; or (iii) Merger of Pseudonymous Information with previously collected Personal Identifiable Information (PII) on a going forward basis (i.e., after the user provides PII) for use in Online Preference Marketing, where such use had not been previously disclosed to and accepted by the User. (IV) Certified Software Providers may require the collection or use of PII as part of the value proposition of the software, and may decline to provide the software if User opts out from such use.
This Agreement is subject to being revised at any time by Elex without prior notice. Once any change occurs to this Agreement, Elex will post the updates on its website or in the context of the Software itself, with the updated Agreement replacing all previous versions immediately. Users may log on to the Software or Elex's website at any time to check the latest version of the Agreement. In case of material change on the EULA and/or software, Elex will inform you of related changes through mail, announce on the website, prompt of the software or other methods in advance. If you refuse to accept the terms after any changes have occurred, please immediately stop using the Software and related services provided by Elex. Continuous use of the Software and services provided by Elex shall be deemed as acceptance of the revised Agreement.
Declaration on Intellectual Property
YAC was developed by Elex. Elex gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Elex as part of the Services. All intellectual property rights of the Software, as well as all other information, including but not limited to literal expression and combinations, icons, illustrations, charts, colors, interface design, layout framework, data, printed materials and electronic documents, are the exclusive property of Elex, and are subject to protections in accordance with the domestic and international laws and regulations, the International Copyright Treaty and other applicable laws and regulations.
Without Elex's written consent, users shall not implement, use, transfer, or permit any third party to implement, use or transfer the intellectual property mentioned above for any purposes. Users agree not to conduct any acts that could in any way impair and/or damage Elex's rights in connection with the intellectual property mentioned herein. Elex reserves the right to seek accountability for such unauthorized acts, and users shall be liable for any and all damages, losses, costs and expenses Elex incurs in connection with a user's violation of this clause, and/or any other clauses provided in this Agreement.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. In case of material change on software, Elex will inform you of related changes through mail, announce on the website, prompt of the software or other methods in advance.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. Elex may also stop providing Services to you, or add or create new limits to our Services at any time.
For the uninstall instruction, see http://www.yac.mx/uninstall for details.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Scope of Software License
Users may install, use, display and run YAC in a single terminal device solely for non-commercial purposes and in accordance with the terms and conditions of this Agreement. Installation, use, display or operation of the Software for commercial purposes is forbidden. Users shall not copy, change, modify, decompile, disassemble, reverse-engineer, or mount-run the Software or data released to computer memory or interaction data between the client and server when running the Software, or create any derivation on such basis, including but not limited to access to the Software and related systems by means of plug-ins, add-ons or unauthorized third-party tools/services.
Users shall at all-time not be permitted to engage in any of the following: without Elex's express written consent, install the Software in other terminal devices not expressly permitted by Elex, including but not limited to set-top boxes, handheld equipment, telephones, wireless internet access machines, game consoles, TV sets and DVD players; or install the Software in any piratical or illegal computer operating systems (such as Microsoft Windows).
Reservation of Rights: All other rights not expressly authorized herein belong solely to Elex.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Elex nor its suppliers or distributors make any specific promises about the services. For example, we don't make any commitments about the content within the services, the specific function of the services, or their reliability, availability, or ability to meet your needs. We provide the services "as is".
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, Elex and Elex's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Elex, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
In all cases, Elex and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Elex and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Users are only permitted to use the Software according to the terms and conditions of this Agreement and by observing all applicable laws and regulations in connection with the subject matter of this Agreement. Users shall not conduct any of the following, including but not limited to:
1. Deleting the information and contents regarding copyright in the Software and any copies thereof;
2. Reverse engineering, decompiling or disassembly the Software;
3. Without Elex's written consent, implementing acts including but not limited to using, copying, modifying, linking, reprinting, compiling, issuing, publishing and establishing mirror sites of information related to the Software, as well as making use of the Software to develop relevant derivative products, works, services, plug-ins, add-ons, compatible products and interconnection;
4. Engaging in any type of behavior that endangers a computer's network security, including but not limited to: use of unlicensed data or access to unauthorized servers; unauthorized access to public computer networks or other people's computer systems to delete, modify or add information stored; without consent, attempt to probe, scan or test the Software system or network or other acts endangering network security; attempt to interfere or disrupt the normal operations of the Software system or network, or intentionally spread malicious programs or viruses to interfere or disrupt normal network information services; forging name or partial name of TCP/IP packets;
5. Disseminating or selling the Software, which is not permitted for the purposes above, to the public by any means, including but not limited to modifying or forging instructions, data and packets of the Software, or adding, deleting and changing the functions or running effects of the Software;
6. Without Elex's express written authorization, selling, renting, lending, disseminating, transferring or sublicensing the Software, services and related links, or seeking private benefits from use of the Software and services or terms of the Software and services, regardless of direct economic or monetary benefits; or use this Software and other services provided by Elex in any unlawful manner or in any other manner inconsistent with this Agreement, for any illegal purpose.
7. For any of the violations above by users, Elex has the right to completely or partially terminate or restrict the use of this Software.
Use of this Software must comply with the applicable laws and policies, safeguard the national interests and national security, and be in compliance with this Agreement. For any liabilities resulting from use of the Software by a user in violation of the applicable laws or this Agreement, the user should be held fully accountable, and Elex and its Partners shall have no liability whatsoever. If any loss is caused to Elex and its Partners, Elex and its Partners shall be entitled to compensation from the user for any and all resulting losses, damages, expenses and costs, and immediately terminate the provision of services to the user.
This Software might be subject to a variety of security issues. For example, software downloaded and installed from a third party may contain "Trojan horse" viruses, which endanger the security of the user's computer information, network synchronization data and other data, so as to affect the normal use of the Software. Users should understand that Elex assumes no liability for any damages, losses or liabilities resulting from such uncontrollable factors. Users should enhance their own individual understanding of information security and the protection of user data, and should pay attention to password protection to prevent damages and/or losses.
Any software derived from this Software, which is developed and released without the authorization of Elex shall be considered as breach of this Agreement and shall be considered illegal, and in contravention of related laws and regulations. Users are encouraged to not download, install and use such Software. Elex assumes no liability for any legal problems or disputes arising thereof.
Users agree that "Personal Information" refers to information for personal identification or personal communication, including the name, ID card number, phone number, IP address and email address of the user; "Non-personal Information" refers to the basic record on user's operation status of this Software, preferences during the operation of the Software which can be reflected in Elex's server, and other general information (other than Personal Information). It is Elex's principle to respect the privacy of the personal information of our users. Elex will take reasonable measures to protect user's Personal Information, without disclosing such information to any third party other than its Partners (without the consent of the user), unless such disclosure is (i) required by law or competent government departments or (ii) agreed to by the user. Exceptions will be applied if the user selects to accept such disclosures during the registration process, or is otherwise stipulated on the disclosure or use of a user's Personal Information between the user and Elex and its Partners. The user shall bear any risks that may arise from any authorized disclosure of a user's Personal Information. For the operation and improvement of Elex's technologies and services, Elex may collect and use the Non-personal Information of its users, or provide such information to third parties, in order to provide better user experience and improve the quality of our services.
Elex will provide a user to whom PII pertains with notice and obtain his or her affirmative consent prior to the merger of PII with pseudonymous information previously collected through the software for use in Online Preference Marketing.
The users' PII will not be supplemented with information from other sources.
Users agree that Elex needs user information (including but not limited to user Personal Information and user Non-personal Information) for the reasons below: (1) Software verification; (2) Software upgrading; (3) Network synchronization; (4) Improving security of Software and providing customer support; (5) When a user needs to use special functions of the Software or requests Elex or its partners to provide special services, Elex or its partners need to provide the user's information to the related third party; and (6) Other conditions in favor of the benefits of both users and Elex.
Consent for Use of Computer Resources and Risk Tips:
The Software requires user's computer and bandwidth resources to ensure normal operation. Users permit Elex to use his/her computer resources and bandwidth resource necessary when and for providing services relating to this Software.
User agrees that this Software will make reasonable efforts to protect the privacy and integrity of user's computer resources and computer communications. However, user acknowledges and agrees that Elex provides no guarantee in this regard.
"User consent" can be expressed by: (1) Acceptance of this Agreement and the Terms of Service released by Elex; (2) Downloading, installing or using this Software; (3) User's oral or written consent via email, phone call, fax, instant messaging, etc. (4) User does not object to the "implied consent" included in the Agreement or Service Announcement; or (5) Any other means as recognized by Elex and user.
Elex reserves the right to disclose any information at any time upon request under applicable laws, regulations, legal processes or government departments, or the right to completely or partially edit, refuse to post or delete any information or data at its own discretion.
Replacement, Modification and Upgrading of Software: Elex reserves the right to provide you with replaced, modified or upgraded version of the Software at any time, and to charge fees (as and where necessary) for such replacement, modification and upgrade. The Software activates a default "Upgrade Reminder" setting for users. Depending on different versions of the Software, users may choose to activate or deactivate this function at their own discretion. Upon release of a new version, continuation and support of any old or outdated version of the Software cannot be guaranteed by Elex. Elex reserves the right to unilaterally change or restrict part of the functions of the Software for business development or other related reasons, and all and any related risks shall be solely borne by users. However, in case of material change on the software, Elex will inform you of related changes through mail,announce on the website, prompt of the software or other methods in advance.
All legal rights with respect to third-party software included in this Software with respect to downloading and upgrading services shall remain with such third party. Any disputes arising from third-party software shall be settled by the third party, and Elex will assume no responsibility whatsoever. Elex shall not provide any customer service for any third-party software or technology; if you need support, please contact the supplier of such software or technology.
This Software does not provide any representations, guarantees or warranties with respect to security, legality, compatibility and/or harmlessness regarding the installation, upgrade and/or other aspects of any third-party software involved. Any disputes arising thereof shall be settled by the third party, and Elex will assume no responsibility or liability whatsoever.
All legal rights with respect to any third-party software integrated in, or utilized through, this Software shall remain the rights of such third party owner(s). The download, installation and/or use of such third-party software is subject to any applicable restrictions contained within any applicable licensing agreements. Any disputes arising from the use of third-party software shall be settled by the third party, and Elex will assume no responsibility or liability whatsoever.
This Software provides users with access to download and install Elex software and/or third-party software, without a function for identifying whether such third-party software is from a legitimate source. Therefore, you understand and agree that your use of the Software is at your own risk, and you are responsible for identifying whether or not such third party software is from a legitimate source.
Legal Liability and Disclaimer
Protection of User's Computer (Resources): User agrees that Elex will, through the use of this Software, will make reasonable efforts to protect the privacy and integrity of user's computer resources and computer communications. However, users acknowledge and agree that Elex makes no warranties or guarantees in this regard whatsoever.
Users are reminded that Elex reserves the right to modify or discontinue the license of this Software at any time without prior notice, for any reason whatsoever. If necessary, Elex will use reasonable efforts to publish such modification or discontinuation on a notice posted on Elex's website. However, in case of material change on the EULA, Elex will inform you of related changes through mail,announce on the website, prompt of the software or other methods in advance.
If a user violates this Agreement or the related Terms of Service, resulting in any claim, damage or loss to any third party, including attorney's fees, the user agrees to indemnify Elex and hold Elex harmless, as well as its Partners and affiliates, to protect them from any and all related damages. In this regard, Elex has the right to, depending on the nature of the user's act, take measures including but not limited to discontinuing Software license, terminating provision of service, restricting use of the Software and/or taking any necessary legal or administrative actions.
User shall bear all liability and risks in connection with the use of this Software. Elex and its Partners do not provide any type of guarantee, representations or warranties, whether express or implied, or any legal guarantees or conditions, including but not limited to express or implied guarantees and conditions of merchantability, applicability, non-virus, non-negligence, no technical defects, ownership and non-infringement. Elex and its Partners assume no liability for any direct, indirect, incidental, special and subsequent damages and risks due to use or unable to use this Software under any circumstances.
Use of this Software requires access to internet services, and as such, may be subject to disruption from a variety of factors, including force majeure, computer viruses, hacker attacks, system instability, user location, computer shutdown, illegal content, shielding of disturbing information, etc., as well as other causes including but not limited to network, technology, communication lines and information security management measures, which may lead to additional risks such as service interruption and breaks or failure to meet user's requirements. Users shall understand and bear the aforementioned risks whereas Elex and its Partners shall assume no liability or responsibility whatsoever.
Elex and its Partners assume no responsibility for any economic losses caused to users due to communication line failures, technical problems, network problems, computer malfunctions, system instability and other uncontrollable causes.
For uncontrollable causes, such as technical failures or non-compatibility issues with other software affecting the normal operation of the services, Elex and its Partners shall make reasonable efforts to work with the related institutions to rectify such situations. However, Elex and its Partners assume no liability for any economic losses caused to the user thereof.
User Behavior Statistics
To improve the performance of our product and services, when a user installs or uninstalls the software through the add/remove function within the control panel feature on the Windows operating system, such events shall be reported to the Elex security center server ("Server"). Details will be presented within a page of the Server which will then automatically calculate how many incidents have occurred based on the total number of page visits.
Error Log Reporting
An error log will be generated automatically whenever there is an unexpected error with the software or if the software crashes. The software will report the error log to Elex's security center whenever necessary for the purpose of determining the reason(s) for the error or crash and improving product quality. Whenever an error log is reported, the software will first ask for the user's permission for the transmission of the report. If the user approves of such transmission, the error log will be sent to Elex's security center. If the user does not consent to such transmission, the error log will not be reported. The error log enables Elex to maintain a record of all software errors and crashes; and only contains the specific error message provided by the program. It does not include any personal information of the user.
Elex's security center has developed strict rules governing the processing of information uploaded by users, and security policies which prevent the collection of user personal information. These rules and policies guarantee the security of information uploaded by users and that the information will not be exploited or abused. Elex will not provide any third party with files and/or data uploaded by users, unless the user provides express consent or such transmission is explicitly stipulated by local laws and regulations.
Principles Governing Privacy Protection
Elex has formulated the following three privacy protection principles with respect to handling potential problems involving user privacy and data:
Use data collected to provide valuable products and services, while concurrently taking steps to prevent the inappropriate exploitation of information concerning user behaviors and preferences Develop products which conform to privacy standards and practice
Protect user information to the fullest extent possible and as stipulated by local laws and regulations