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END-USER LICENSE AGREEMENT FOR ASCENTIVE SOFTWARE:
IMPORTANT-READ CAREFULLY BEFORE PURCHASING, INSTALLING, AND/OR USING ALL SOFTWARE OR SERVICES FROM ASCENTIVE LLC.
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL, HEREAFTER REFERRED TO AS "YOU, " "LICENSEE," OR "MEMBER") AND ASCENTIVE LLC ("ASCENTIVE," "WE," OR "LICENSOR") FOR ANY SOFTWARE, SERVICES, OR OTHERWISE PURCHASED OR OBTAINED THROUGH ASCENTIVE LLC OR ANY PARTNER OR RETAILER , WHICH INCLUDES COMPUTER PROGRAMMING CODE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("SOFTWARE").
BY ENTERING YOUR CREDIT CARD AND OTHER IDENTIFYING INFORMATION, SUBMITTING AN ORDER THROUGH THE ASCENTIVE.COM WEB SITE, PHONE, OR ANY OTHER METHOD DIRECTLY LINKED TO ASCENTIVE LLC, THROUGH ANY 3RD PARTY AFFILIATED WEB SITE, RETAIL STORE, OR OTHER ANY OTHER METHOD SELLING SOFTWARE OR SERVICES FOR ASCENTIVE LLC, AND/OR INSTALLING, COPYING, AND/OR OTHERWISE USING ANY SOFTWARE AND/OR SERVICE PROVIDED BY ASCENTIVE LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ENTER ANY IDENTIFYING INFORMATION, SUBMIT A PURCHASE, INSTALL, OR USE THE SOFTWARE AND/OR SERVICES. YOU AGREE THAT BY SUBMITTING A PURCHASE AND/OR USING THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.
All Ascentive software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed.
MODIFICATION OF THESE TERMS OF USE:
Ascentive LLC reserves the right to change the terms, conditions, and notices under which Ascentive services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of Ascentive software constitutes your agreement to all such terms, conditions, and notices.
1. LICENSE: All software provided by Ascentive LLC is licensed for single use on one computer per serial number or subscription. You may make one back-up copy of your software per serial number or subscription for the purpose of reinstalling the software only. You may not reproduce for sale, trade, or other use for any person not listed under the original purchase. Any and all instances of piracy will result in loss of use of software, services, and subscriptions provided through Ascentive LLC with no refund, and may result in legal prosecution of all parties involved. Ascentive LLC reserves the right to monitor all software usage for evidence
2. LIMITATION OF LIABILITY: Under no circumstances and under no legal theory, whether tort, contract, or otherwise, shall licensor or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will licensor be liable for any damages in excess of the amount licensor received from you for a license to the software, even if licensor shall have been informed of the possibility of such damages, or for any claim by any third party. This limitation of liability shall not apply to liability for death or personal injury resulting from licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS: : You may not do the following: (i) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the software, or authorize any third party to do any of the foregoing (ii) modify, or create derivative works based upon the software, in whole or in part; (iii) distribute copies of the software; (iv) remove any proprietary notices or labels on the software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the software. The software is licensed as a single product. Its component parts may not be separated for use on more than one computer. Ascentive reserves any rights in the software not expressly granted to you in this EULA.
4. TERMINATION: Without prejudice to any other rights, Ascentive may terminate your software licenses, subscriptions, and any other services that you have through Ascentive LLC if you fail to comply with any of the terms and conditions of this EULA. Upon notification of such termination, you must destroy all copies of the software and all of its component parts.
5. INTELLECTUAL PROPERTY RIGHTS: : All interest in any copyrights, patents, trade secrets, trademarks, and any other intellectual property rights in and to the software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software), the accompanying materials (if any), and any copies of the software, are owned by Ascentive or its suppliers. Therefore, you must treat the software like any other material protected by intellectual property laws.
6. U.S. GOVERNMENT END USERS:
The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end users acquire the software with only those rights set forth herein. Manufacturer is Ascentive LLC.
7. PAID SOFTWARE
i. The term "paid software" refers to any software that incurs a one-time charge from Ascentive and does not re-bill at any time.
ii. All charges and fees will be billed to your credit card and your refund period begins at the time of purchase, regardless if software is downloaded, installed, logged into, used or not.
iii. All Paid Software is provided with a 30 day money back guarantee. To qualify for a refund, you must contact Ascentive LLC prior to the expiration of the refund period. Contact methods include, but not limited to: email via support site, phone, voice message, Live Chat, postal mail, or fax. Refunds via email, phone, voice message, fax, Live Chat are honored as of the date sent. Postal/shipped mail, or any other method will be honored as of the received date, not the postmarked date on envelope or package or otherwise. It is the subscriber's responsibility to ensure that any and all refund requests are received by Ascentive LLC during the refund period. Purchaser may request a refund at any time by visiting the Ascentive support web site at www.ascentive.com/support and sending an email through the email form located on the site with the reason for refund request. Upon delivery of email to Ascentive LLC, purchaser will receive a confirmation email with a tracking number. It is your responsibility to retain this confirmation message for your records in the event of a discrepancy regarding your refund request. If the confirmation email is not received within 30 minutes of submission, you should send another email request or use one of the other contact options. You may also use any of the other available contact methods to request a refund. Once refund is processed by Ascentive LLC, it can take up to one business week for the refund to be credited back to your account. Ascentive does not have control over the exact time frame that a refund or void will take to return to the account of the cardholder. Refund processing time after submission from Ascentive will vary depending on the card issuing establishment. Any and all refunds received outside of the allowed refund period will be denied with no refund, full or partial.
iv. Missed refund period: Ascentive LLC accepts no responsibility for late refund requests or refund requests not received by Ascentive LLC due to, but not limited to: printer or fax failure, download failure due to (and not limited to) disconnection from the internet, power failure, heavy internet traffic, instructions not received due to incorrect customer email address on order form, contact information, cancellation sent to wrong email address or a company other than Ascentive LLC, computer failure, or hardware error. It is the responsibility of the customer to ensure that these requests are received by Ascentive LLC during the refund/trial period.
v. Refunds apply to subscription fees only. No refund will be issued for shipping and handling, Extended Download Service (EDS), activation fees, CD ROM purchase, or any other charges outside of base software fees.
8. SUBSCRIPTION SERVICES WITHOUT TRIAL
i. The term "paid subscription services without trial" refers to any software, subscription, and/or service that was paid up front and will automatically renew / re-bill at the end of the agreed subscription period/term until cancelled by you or Ascentive LLC, or will automatically expire at the end of a set term (ex. Annual non-renewing subscription)
ii. All charges and fees will be billed to the active credit card that you have set up for your account. The active credit card may be the first card used to make your purchase or a credit card that has added to your account. Your refund period begins at the time of purchase, regardless if software is downloaded, installed, logged into, used or otherwise.
iii. Subscription term of service: Your service begins when order is submitted, not from time of download. Service is a "per day" basis. Day ends at 11:59:59 pm U.S. Pacific time and begins next billing day at 12:00:00 am U.S. Pacific time.
iv. All Subscription Services Without Trial are provided with a 30 day Refund period. Refunds for paid subscription service without trial will be processed within the allowed refund period. The refund period applies to the first purchase invoice. It does not apply to second invoice or any invoice thereafter. You are responsible for contacting Ascentive LLC prior to the second or subsequent invoice if you do not wish to be billed further for your software or services. Ascentive accepts no responsibility for late cancellation/refund requests or cancellation/refund requests not received by Ascentive LLC prior to the end of any refund or cancellation term due to, but not limited to: printer or fax failure, download failure due to (and not limited to) disconnection from the internet, power failure, heavy internet traffic, instructions not received due to incorrect customer email address on order form, cancellation sent to wrong email address or company other than Ascentive LLC, computer failure, or hardware error. It is the responsibility of the customer to ensure that the request for cancellation/refund is received by Ascentive LLC during the refund/cancellation period.
v. Non-assign ability/theft of login: Your subscription, user name and password (login) may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Ascentive LLC or the site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a user name or password. Until Ascentive LLC or the site is notified, by e-mail, or by telephone of any breach in security, the subscriber will remain liable for any unauthorized use of the service.
vi. You may cancel the Ascentive subscription services at any time. You will not receive any refund or partial refund for any charges already billed to your account, unless within specified refund period. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the services by sending an email at least three (3) business days prior to the renewal date. Further, you may contact Ascentive LLC by fax if available.
vii. Termination/cancellation of subscription software: Subscription to any and/or all service(s) may be terminated at any time, and without cause, by Ascentive LLC, the site or the subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. When a subscriber requests termination, subscription fees incurred up until cancellation (if any) are not refunded. Subscribers are liable for charges incurred by them until termination of service regardless if software is downloaded, installed, logged into or used. Subscriber may cancel their subscription(s) at any time by visiting the Ascentive support web site at www.Ascentive.com/support and sending an email through the support web site requesting in the subject line "subscription cancellation request" and in the body of the email the reason for cancellation. Upon delivery of cancellation request email, you will receive a confirmation email from Ascentive with a tracking number confirming that your message has been received. Please be sure to retain this confirmation for your records as this is confirmation of your cancellation request. If you do not receive a confirmation email for your request within 24 hours, we recommend that you submit your request again via an alternate method such as phone, live chat, postal mail, or fax. Once your cancellation is processed by Ascentive, you will receive, via email, a subscription cancellation confirmation. Should you not follow the correct cancellation instructions the account will remain active and you will be responsible for all charges incurred up to the time the subscription is deactivated.
viii. Automatic renewal: Subscription fees for regular memberships/services are automatically renewed at the end of the original term stated at time of purchase, for a like period of time, unless the cancellation procedure is successfully completed as described in section 8, paragraph viii. by the subscriber to Ascentive LLC or the site three (3) business days prior to the end of the term. Unless and until this agreement is cancelled in accordance with the terms hereof, you hereby authorize Ascentive LLC to charge your credit card (or other approved facility) to pay for the ongoing cost of subscription.
ix. Missed cancellation period: Ascentive accepts no responsibility for late cancellations or cancellation requests not received trial cancellations, printer or fax failure, download failure due to (and not limited to) disconnection from the internet, power failure, heavy internet traffic, instructions not received due to incorrect customer information, illness, cancellation sent to wrong email address or a company other than Ascentive LLC, computer failure, or hardware error. It is the responsibility of the customer to ensure that these forms correctly filled out are received by Ascentive during the refund/trial period.
x. Account information: You must provide current, complete and accurate information for your billing account in order to receive the products ordered. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Ascentive LLC if your payment method is canceled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made via email at http://www.ascentive.com//support/new. If you fail to provide Ascentive LLC any of the foregoing information, you agree that Ascentive LLC may continue charging you for any product provided under your billing account, unless you have terminated your subscription for such product (confirmed in writing upon request).
xi. Due Date / Collection Costs: The amount due to Ascentive LLC for your subscription must be paid in full by your Payment Method Provider on the date such payment is requested by Ascentive, not later than 30 days after the billing date; you are not entitled to carry forward a balance. Ascentive LLC reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs. Should there be an outstanding balance, all services on the account will be suspended until the account is paid in full with no refund for lost time. Lost time is counted towards subscription period. Once balance is paid in full you will regain access to your service.
xii. Refunds apply to subscription fees only. No refund will be issued for shipping and handling, Extended Download Service (EDS), activation fees, CD ROM purchase, or any other charges outside of base subscription fees.
9. TRIAL SUBSCRIPTION SERVICE
i. Trial subscription service refers to any software / subscription that was not paid for up front, will bill at the end of the agreed trial period (unless cancelled before the end of the trial period) and will automatically renew / re-bill at the end of the agreed subscription period regardless if software is downloaded, installed, logged into, used or not.
ii. All charges and fees will be billed to your credit card at the end of your trial period. Your trial period begins at the time you submit your order regardless if you have used the software or not.
iii. Trial period and subscription term of service: Your service begins when order is submitted. Service is a "per day" basis. Day ends at 11:59:59 pm U.S. Pacific time and begins next billing day at 12:00:00 am U.S. Pacific time.
iv. Subscription fees: The subscriber is responsible for paying periodic subscription fees according to the "then-current terms" of Ascentive LLC. Subscription fees are non-refundable once your agreed trial period has ended and your credit card has been charged. If the user can't access the server due to technical problems not related to Ascentive LLC, the subscription fee will not be refunded.
v. Automatic renewal: Subscription fees for regular memberships are automatically renewed at the end of the original term selected, for a like period of time, unless the cancellation procedure is successfully completed as described in section 9, paragraph viii. by the subscriber to Ascentive LLC or the site three (3) business days prior to the end of the term. Subscription fees for trial or special introductory offers automatically renew to the subscription rate at the end of the original term selected, unless the cancellation procedure is successfully completed as described in section 9, paragraph viii. by the subscriber to Ascentive LLC or the site three (3) business days prior to the end of the term. Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes Ascentive LLC to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of subscription.
vi. Your subscription, user name and password (login) may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Ascentive LLC or the site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a user name or password. Until Ascentive LLC or the site is notified, by e-mail, or by telephone of any breach in security, the subscriber will remain liable for any unauthorized use of the service.
vii. You may cancel the Ascentive subscription services at any time. You will not receive any refund or partial refund for any charges already billed to your account, unless within specified refund period. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the services by sending an email at least three (3) business days prior to the renewal date. Further, you may contact Ascentive LLC by fax if available.
viii. Termination/cancellation of trial software: Subscription to any and/or all service(s) may be terminated at any time, and without cause, by Ascentive LLC, the site or the subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. When a subscriber requests termination, subscription fees incurred up until cancellation (if any) are not refunded. Subscribers are liable for charges incurred by them until termination of service regardless if software is downloaded, installed, logged into or used. Subscriber may cancel their subscription(s) at any time by visiting the Ascentive support web site at www.Ascentive.com/support and sending an email through the support web site requesting in the subject line "subscription cancellation request" and in the body of the email the reason for cancellation. Upon delivery of cancellation request email, you will receive a confirmation email from Ascentive with a tracking number confirming that your message has been received. Please be sure to retain this confirmation for your records as this is confirmation of your cancellation request. If you do not receive a confirmation email for your request within 24 hours, we recommend that you submit your request again via an alternate method such as phone, live chat, postal mail, or fax. Once your cancellation is processed by Ascentive, you will receive, via email, a subscription cancellation confirmation. Should you not follow the correct cancellation instructions the account will remain active and you will be responsible for all charges incurred up to the time the subscription is deactivated.
ix. Missed cancellation period: Ascentive accepts no responsibility for late cancellations or cancellation requests not received due to, but not limited to printer or fax failure, download failure due to (and not limited to) disconnection from the internet, power failure, heavy internet traffic, instructions not received due to incorrect customer information, illness, cancellation sent to wrong email address or a company other than Ascentive LLC, computer failure, or hardware error. It is your responsibility to ensure that your cancellation request(s) are received by Ascentive during the refund/trial period.
x. Account information: You must provide current, complete and accurate information for your billing account in order to receive the products ordered. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Ascentive LLC if your payment method is canceled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made via email at http://www.ascentive.com/new/support. If you fail to provide Ascentive LLC any of the foregoing information, you agree that Ascentive LLC may continue charging you for any product provided under your billing account, unless you have terminated your subscription for such product (confirmed in writing upon request).
xi. Due Date / Collection Costs: The amount due to Ascentive LLC for your subscription must be paid in full by your Payment Method Provider on the date such payment is requested by Ascentive, not later than 30 days after the billing date; you are not entitled to carry forward a balance. Ascentive LLC reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs. Should there be an outstanding balance, all services on the account will be suspended until the account is paid in full with no refund for lost time. Lost time is counted towards subscription period. Once balance is paid in full you will regain access to your service.
xii. Software errors and/or problems: If you are having any problems and/or errors with your software, you must contact Ascentive LLC immediately. You may contact us at any time via our web site at: http://www.ascentive.com. Failure to contact us during your free trial period (for subscription software where free trial is offered) or refund period (for paid software or subscriptions with no free trial) waives any and all rights to return software for a refund after said period ends. For subscriptions with free trials, you are not entitled to a refund after trial period ends. Refunds will only be processed for software and/or subscription fees within the qualified period. Additional services such as CD Rom, shipping and handling, or any other add on services will not be refunded.
xiii. Refunds apply to subscription fees only. No refund will be issued for shipping and handling, Extended Download Service (EDS), activation fees, CD ROM purchase, or any other charges outside of base subscription fees.
10. FRAUD & CHARGEBACK RIGHTS: You hereby agree that all fraud and misuse of your card will be promptly reported to Ascentive LLC. You also agree that any disputes with billing, delivery, or service quality will be addressed and investigated through Ascentive LLC. Any charges disputed with your issuing bank or financial institution without first contacting Ascentive LLC for resolution may be construed as an attempt to defraud Ascentive LLC. Liquidated damages up to $500 may be assessed by Ascentive LLC, in its discretion, against any individual who fraudulently obtains a subscription, services, software, or whose transaction later results in a chargeback to the account. Member agrees that the liquidated damage amount above is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by Ascentive LLC due to excessive chargebacks to the account. Said individual shall indemnify and hold Ascentive LLC harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to excessive chargebacks which are the cumulative result of said individual's fraudulent actions. The Ascentive Fraud department will review all chargebacks.

If a chargeback is received, Ascentive reserves the right to discontinue any or all services associated with your account regardless of the amount or specific purchase disputed. Any or all future orders may be denied purchase due to chargeback history associated with your Ascentive account. If you have any questions or concerns regarding an Ascentive purchase or charges listed on your account or billing statement, please contact us immediately to research your account.

Claiming a charge as fraudulent to avoid payment for your software or subscription is illegal and any and all violators will be prosecuted to the fullest extent of the law. Your credit card company and the authorities will be notified. For any chargebacks submitted as fraudulent, Ascentive LLC will require a copy of a filed police report and a signed affidavit from your credit card company stating that the charge was fraudulent and that your credit card and/or credit card numbers were stolen or otherwise falsely obtained and used. Failure to provide this information will result in Ascentive LLC disputing the chargeback.
i. Non-Fraudulent Chargebacks: Chargebacks issued for reasons Ascentive LLC deems as non-fraudulent and that Ascentive LLC feels you were provided with proper services and/or support will be disputed through your credit card company. It is your responsibility to notify Ascentive LLC of any problems you are having with your software or service immediately. In the event that your credit card company declines a chargeback reversal request, Ascentive LLC reserves the right to refer your account to a third party for collection agent in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any delinquent amounts due, including bank fees, reasonable attorneys' fees and any other costs.
ii. Fraudulent Chargebacks: Any chargebacks that result from fraudulent activity will be investigated. Ascentive LLC uses Credit Card Verification (CVV2) and Address Verification (AVS) to validate your credit card. Customer IP address and network host are recorded when order is placed and when you log into any subscription based service. This information will be used to trace the order to the person(s) that ordered the software and/or services. All information on fraudulent accounts will be turned over to the authorities to assist in locating and prosecuting any and all guilty parties.
11. CD ROMS AND OTHER SHIPPED SOFTWARE MEDIA: All shipped materials included with your order, including CDs, sleeves, instructions, and booklets, must be returned to Ascentive during the trial period to avoid the first month's charge for subscriptions included with your order and/or one-time software fees. If you have paid software, CDs must be returned prior to the expiration of your satisfaction guaranteed period in order to qualify for a refund. If you do not return your CDs, you will be charged for the first month's fee for subscriptions or invalidate your eligibility for a refund on paid software.
12. BILLING DESCRIPTION: All charges will appear as "Ascentive.com software" or "Ascentive LLC" on your credit card statement.
13. RECEIPT: When your order is approved, your receipt will be sent to the email address on your order form. Your receipt contains all information regarding your account. Your receipt will provide you with a renewal date that lets you know when you will be billed for the next term of your paid subscription or free trial. If you ordered paid software, your receipt serves as notice of when your satisfaction guarantee period begins. If you have a free trial, you will not be notified via email, or any other means, prior to your trial period ending. It is recommended that you print your receipt for your records. You may request a copy of your receipt at any time by contacting the sales department via our web site http://www.ascentive.com. Ascentive LLC accepts no responsibility for receipts not received due, and not limited to, incorrect email address provided, rejection from server or ISP, or for any other reason.
14. OUTSTANDING BALANCES ON ACCOUNT: Ascentive reserves the right to charge any outstanding balance on your account(s). We will attempt to charge your credit or debit card information on file up to 4 times and an email notification of the billing charges will be sent to the email address on file. If during the 4th attempt the transaction(s) cannot be processed, your account will be suspended and service will not be available to access. At this time your account will still incur billing fees for regular subscription fees regardless if services are available. Upon payment of outstanding balances, your account will be reactivated within 24 hours. We are not required to credit or add additional service time for any suspended time frames due to past due payments. If you update your billing information such as credit or debit card numbers, we will then attempt to charge the new card for any outstanding balance(s).
15. FREE SCANS: Our software may offer a free scan before you purchase. This scan is only to show you what problems exist on your system. We make no statement of free removal. Any program offering a free scan will require a purchase either outright or subscription based for removal.
16. SCAN / REMOVAL SOFTWARE: Our software sold for the purpose of scanning your system to locate and suggest possible problems and nuisances on your system, although we update frequently, the software may or may not find and remove all problems existing on your system. It is your responsibility to update your software to download the most recent updates of the program(s) which will include the latest protection. The software looks for key features to identify an item for deletion and sometimes may find false positives due to the way certain items on your computer function. Although we have made every effort to not locate items critical for your system, hardware, and/or software to run, the programs may find items that are should not be deleted. After the scan is complete you are provided with a review prior to deletion. It is your responsibility to verify and select only the items that you wish to delete. Ascentive LLC accepts no responsibility for any system failure, data loss, or otherwise due to removal of system critical items. If you are not sure if an item should or should not be deleted, please contact your computer manufacturer for more information.
17. SOFTWARE PERFORMANCE: All of our software is sold for the purpose of enhancing your computer / Internet experience, system stability, and privacy. The software you have purchased may not always produce the effects that you desire. We provide full support for all software purchased through Ascentive LLC. We provide a satisfaction guarantee on all of our software. If you are not completely satisfied with the results of your software, we encourage you to use the many options available to get your software working to or above your expectations. These options include, but are not limited to, our support site, manuals and tutorials included with your software (where available), contacted our support representatives via email, live chat, phone, fax, postal mail. If you do not receive the results that you would like, we always provide the option of returning / canceling your purchase within the allowed time of the trial / cancellation / and/or refund period. We will not deny any refund / cancellation request that has been submitted during the allowed period.
18. SOFTWARE REPLACEMENTS: All software is provided with a 60 day replacement period free of charge. If you purchase our Extended Download Service (EDS), you will be provided free replacements for one year. The replacement period begins at the time of purchase. It does not begin from the time of download or otherwise. After the qualified refund period, you will be required to repurchase the software at the current offered price. Replacements will only be made available for the same product and product version that you originally purchased. Replacements do not include software upgrades or other versions of the software.
19. SYSTEM COMPATIBILITY: Our software is thoroughly tested to be free of errors, however, because we can not predict every situation and because different customers have different system environments (hardware, software); installed software may not function properly and/or could cause damage to your system, including, but not limited to data loss and hardware / software failure. All software is downloaded, installed, and used at your own risk. We make no statements that our software will or will not work with your specific system to your expectations. If your software is not performing to your expectations it is your responsibility to contact us for a cancellation or refund. In order to qualify for any refund due, it is your responsibility to submit your request before any refund period ends.
20. SERVER DOWNTIME: Many of our software programs require access to our web servers for login verification, uploading or downloading information, program updates, or otherwise. If for any reason our servers are offline due to hardware / software upgrades, unexpected power outages, routine maintenance, and/or system crashes, you may not be able to access your software. Downtime will be minimal; however, you will not be able to access your software for that period of time. We do everything in our power to keep system downtime to a minimum. We do not provide any warranty for inability to access software during these periods. We are not responsible for any loss of data or productivity in the case of server outage.
21. SYSTEM BACKUPS: It is recommended that before installing any software that you back up your system. It is your responsibility to perform routine backups on your system to protect you against any loss of data due to installation, usage, or removal of software from your system. If you are unsure of how to perform a data backup, you should consult your computer manufacturer for more information.
22. Other Ascentive Software: Our software may include links or recommendations for other Ascentive products that would complement your current purchase. If you decide to activate an account and provide us with your email address, you will be automatically subscribed to receive Ascentive’s periodic newsletter (SpeedElite) in the form of an html email, with information including, but not limited to, software updates, discount offers, and new software releases. If you do not wish to receive these announcements, you can remove your name from our mailing list by the unsubscribe process detailed at the bottom of each newsletter or contact Ascentive LLC via our web site at www.ascentive.com and request to be removed from our list. Ascentive LLC does not sell or trade customer information. Any customer contact information is kept private and never given out or sold to a third party.
Ascentive LLC reserves the right to update this License Agreement at any time without notice to the end user. It is your responsibility to ensure that you have the most up to date version of this agreement. You may request a copy of this agreement at any time by contacting us via our web site at www.ascentive.com or by using any other contact method available.
If you do not agree to any of these terms, you should not place an order, download, and/or install any software from Ascentive LLC. By ordering, downloading, and/or installing any software from Ascentive LLC you are stating explicitly that you have read, understood, and agree to be bound by all terms of this agreement. If you decide that you do not agree to these terms after you have downloaded our software, you must contact us within the allowed period to obtain a cancellation and/or refund and are required to destroy all copies of our software. If you do not contact us within the allowed time, you state that you agree to and will be bound by these terms.
BY ENTERING YOUR CREDIT CARD AND OTHER IDENTIFYING INFORMATION, SUBMITTING AN ORDER THROUGH THE ASCENTIVE.COM WEB SITE, PHONE, OR ANY OTHER METHOD DIRECTLY LINKED TO ASCENTIVE LLC, THROUGH ANY 3RD PARTY AFFILIATED WEB SITE, RETAIL STORE, OR OTHER ANY OTHER METHOD SELLING SOFTWARE OR SERVICES FOR ASCENTIVE LLC, AND/OR INSTALLING, COPYING, AND/OR OTHERWISE USING ANY SOFTWARE AND/OR SERVICE PROVIDED BY ASCENTIVE LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SUBMIT A PURCHASE, INSTALL, OR USE THE SOFTWARE AND/OR SERVICES. YOU AGREE THAT BY SUBMITTING A PURCHASE AND/OR USING THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERCEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE. YOU ALSO STATE THAT YOU ARE THE OWNER OF CREDIT CARD USED FOR PURCHASE. ANY ATTEMPTS TO USE CREDIT CARDS FOR FRAUDULENT PURPOSES TO ASCENTIVE WILL BE PUNISHABLE BY ALL LAWS AND PENALTIES. ASCENTIVE WILL PROSECUTE ANY FRAUDULENT ACTIVITY TO THE FULLEST EXTENT OF THE LAW.