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Maximizer Software Inc Services Terms and Conditions
Maximizer Software Inc Services Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS") CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN MAXIMIZER SOFTWARE INC CORPORATION AND/OR ITS SUBSIDIARIES ("MAXIMIZER SOFTWARE INC") AND YOU, FOR USE OF SERVICES WHICH YOU SELECTED OR INITIATED ON THE MAXIMIZER SOFTWARE INC WEBSITE ("SITE"). "YOU" OR "YOUR" REFERS TO THE INDIVIDUAL WHO IS UTILIZING THE SERVICES. "DOCUMENTATION" MEANS THE DOCUMENTATION THAT ACCOMPANIES THE SERVICES, INCLUDING ANY PACKAGING FOR THE SERVICES. THE POLICY, DOCUMENTATION, AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE "I ACCEPT" OR "AGREE" BUTTON, OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN MAXIMIZER SOFTWARE INC IS UNWILLING TO PROVIDE THE SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE "CANCEL" OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL, DO NOT USE THE SERVICES. BY CLICKING ON THE "I ACCEPT," OR "I AGREE" BUTTON OR BY YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.
IMPORTANT NOTICE: THE SERVICES WILL EXPIRE WITHIN THE TIME PERIOD SPECIFIED IN THE DOCUMENTATION FROM THE DATE OF PURCHASE. YOU MUST USE THE SERVICES WITHIN THE SPECIFIED TIME FROM THE DATE OF PURCHASE.
1. Services
1.1. Service Overview
(1) Introduction. Maximizer Software Inc shall provide the Services as set forth in the Terms. Maximizer Software Inc’s service representative will attempt to provide to You the Services over the telephone, through a live chat session on Your personal computer or by email. Maximizer Software Inc may, at its discretion, modify the features or descriptions of the Services from time to time.
(2) Support Software Tool and Remote Access. During the support session, Maximizer Software Inc may (i) ask You to install certain support software on Your personal computer by downloading the support software from the Site and/or (ii) ask for Your permission to use the remote assist tool through the Maximizer Software Inc service representative to enable Maximizer Software Inc to remotely access and take control of Your personal computer; and/or (iii) utilize certain third party support software on Your personal computer on Your behalf. The support software (including any third party support software) and remote assist tool are owned by Maximizer Software Inc or applicable third party licensors and suppliers and may be collectively referred to as the "Support Software Tool" in the Terms. The Support Software Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide Maximizer Software Inc system optimization functions. You may use the Support Software Tool only as part of or for use with the Services and for no other purpose. By electing to receive support, You agree to allow Maximizer Software Inc to use whatever Support Software Tools as deemed necessary to repair Your personal computer, including remote access.
(3) Description of Services, Minimum Requirements.
(i) Maximizer Software Inc shall provide the following Services subject to the Terms.
Expert Installation Service: Maximizer Software Inc’s service representative will help customers install and set-up certain Maximizer Software Inc products.
Troubleshooting: Maximizer Software Inc’s service representative will help customers troubleshoot and resolve their reported issues with Maximizer Software Inc. products
Other Services: Other services which may be provided by Maximizer Software Inc.
(ii) Some personal computers may not be able to receive the Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Services, a high speed internet connection is required. The minimum system requirements to receive the Services are as follows.
• Required: Windows XP, Vista or 7
• Required: Internet Explorer 6.x or Mozilla Firefox 3.x or later
• Required: High speed internet connection
• Recommended: Pentium-class PC running
• Ability to log on to the PC as administrator
1.2. Commercially Reasonable Effort.
(i) Maximizer Software Inc will make every commercially reasonable effort to troubleshoot or fix Your personal computer problem. If Maximizer Software Inc is unable to resolve Your personal computer problem, You will still be liable for charges for time spent by Maximizer Software Inc’s service representative in an attempt to correct a problem.
(ii) In the course of providing the Services, Maximizer Software Inc may determine that the issue is beyond the scope of the Services. Maximizer Software Inc may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, Maximizer Software Inc will not transfer You directly to an alternate resource. Maximizer Software Inc reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.
2. Your Responsibilities
2.1 Basic Responsibilities. You agree that You are a legal license holder of the software on Your personal computer and Your use of the Services and the internet is solely at Your own risk. To receive the Services, You must confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have completed a back-up of any software or data that may be impacted by the Services. All information that You provide to Maximizer Software Inc must be accurate, including Your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to Maximizer Software Inc. You further represent that You authorize Maximizer Software Inc to bill the credit card that You provide to Maximizer Software Inc, for any charges to which you consent.
2.2. Liability Release. Maximizer Software Inc will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by Maximizer Software Inc and/or its representatives. If Maximizer Software Inc works with You on any password or other access control oriented problems, Maximizer Software Inc strongly recommends that You reset such passwords(s) immediately following the completion of the Services.
2.3. No Transfer. The Services are not transferable. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.
3. Charge; Refund
3.1 One Time Service. The Services shall be provided for on a one time basis. The term "one time" means that the service will address a single issue or problem for a customer on Your personal computer and include follow-up consultation upon request within seven (7) days on the same issue or problem.
3.2. Refund. Maximizer Software Inc does not accept refunds on the use of its Services.
3.3. Missed Appointments. If You schedule an appointment with a Maximizer Software Inc service representative on a particular day and time and You do not contact Maximizer Software Inc a minimum of two (2) hours prior to Your appointment to cancel or otherwise reschedule Your appointment, You will be charged, at Maximizer Software Inc’s option, a twenty-five dollar (U.S. $25.00) (or equivalent amount in the applicable currency) missed appointment fee.
3.4. Payment for the Services. For purchases of the Services made by You from Maximizer Software Inc through the Site, You agree that Maximizer Software Inc may charge to Your credit card or other valid payment mechanism requested by You and approved by Maximizer Software Inc all amounts due and owing for Maximizer Software Inc for the Services. Unless otherwise agreed by Maximizer Software Inc in writing, all payments for the Services must be made at the time of purchase prior to receiving any services from Maximizer Software Inc. You agree that Maximizer Software Inc may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due. Purchases of the Services made by You from a Reseller/Vendor will be subject to terms of sale of the Reseller/Vendor.
4. Privacy; Data Protection
When You request the Services, the following information may be collected and sent from Your personal computer to Maximizer Software Inc via an Internet connection:
- The information provided by You to Maximizer Software Inc’s service representative over the phone or entered by You into Maximizer Software Inc’s online interface when requesting the Services; and
- The type and version of operating system and Internet browser used by Your personal computer;
During Your Services session, if a Support Software Tool is installed, the following information may be collected from your computer by the Support Software Tool and sent to Maximizer Software Inc via secured connection:
- Whether a firewall is active;
- Whether antivirus software is installed, running, and up to date;
- Browser information including security and temporary file settings;
- System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the Support Software Tool;
- Installed programs and active processes information; and
- Application log file information and registry data.
The collected information as set out above is necessary for the purpose delivery of the Services including analyzing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of Maximizer Software Inc’s products and services.
5. Other Important Information
5.1. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAXIMIZER SOFTWARE INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAXIMIZER SOFTWARE INC MAKES NO WARRANTIES THAT: (I) THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT SOFTWARE TOOL IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SUPPORT SOFTWARE TOOL USAGE AGREEMENT. MAXIMIZER SOFTWARE INC DOES NOT WARRANT THIRD PARTY PRODUCTS.
5.2. Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL MAXIMIZER SOFTWARE INC BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES EVEN IF MAXIMIZER SOFTWARE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL MAXIMIZER SOFTWARE INC’S LIABILITY EXCEED THE GREATER OF THE PRICE YOU PAID FOR SERVICES OR FIFTY DOLLARS (U.S. $50.00) OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.
5.3. Proprietary Rights. Maximizer Software Inc retains ownership of all proprietary rights in the Services, the Site, the Support Software Tool, and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Maximizer Software Inc’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tool with the Services.
5.4. Force Majeure. Maximizer Software Inc shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Maximizer Software Inc's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, Maximizer Software Inc may be excused from such performance to the extent it is delayed or prevented by such cause.
6. General
The terms will be governed by the laws of the Province of British Columbia, Canada. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and Maximizer Software Inc relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Maximizer Software Inc may change or update the Terms at any time by posting modified terms on the Site. You can review the most recent version of the Terms at anytime on the Site and it is Your responsibility to routinely review the Terms. Your use of the Services after changes or updates to the Terms are posted on the Site shall constitute your acceptance of the Terms as modified to the extent permitted by applicable law.
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