EULA

SpyHunter End User License Agreement ("EULA")

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.

BY DOWNLOADING AND INSTALLING ALL OR ANY PORTION OF THE SOFTWARE YOU AGREE TO AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH INCLUDE THE LIMITATIONS ON USE CONTAINED IN SECTION 2; LIMITATIONS ON TRANSFERABILITY IN SECTION 6; THE LIMITED WARRANTY IN SECTIONS 8 AND 9; THE DISCLAIMER OF WARRANTY AND LIMITATIONS ON LIABILITY IN SECTIONS 10 AND 11; AND THE EXCLUSIVE DISPUTE RESOLUTION PROVISIONS IN SECTION 13.

ESG RESERVES THE RIGHT TO MODIFY THIS EULA AS NEEDED IN ITS SOLE DISCRETION. THE EULA IN EFFECT AT THE TIME YOU DOWNLOADED THE SOFTWARE WILL GOVERN YOUR USE OF IT, UNLESS WE OBTAIN YOUR CONSENT OTHERWISE. YOUR CONTINUED USE OF THE SOFTWARE AFTER A CHANGE TO THE EULA HAS BEEN BROUGHT TO YOUR ATTENTION WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES AND THE REVISED EULA. IF YOU DO NOT AGREE THAT THIS AGREEMENT IS ENFORCEABLE, DO NOT USE THIS SOFTWARE.

1. DEFINITIONS.

(“ESG”) means Enigma Software Group USA LLC, a Florida limited liability company, 2803 Gulf to Bay Blvd., Suite #446, Clearwater, FL 33759 USA, a developer of computer security software and Internet-based systems.

(“Esellerate.net”) means The Registration Network, or Esellerate.net is a wholly owned subsidiary of Digital River, Inc, a Minnesota publicly traded company, NASDAQ symbol DRIV, 9625 West 76th Street Eden Prairie, MN 55344 USA, a leading reseller and enabler in the software and online subscription industry.

(“Software”) means all of the contents of the files or other media with which this Agreement is provided, including but not limited to (a) ESG or third party computer information, Software, or Database; (b) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (c) related explanatory written materials or files (“Documentation”); and (d) fonts; and (e) upgrades, modified versions, Updates, additions, copies of the Software, and Database Updates, if any, licensed to you by ESG (collectively, “Updates”).

(“Use”) or (“Using”) means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

(“Database”) means a structured collection of records or data that is stored, encrypted, and tabulated in a proprietary format. Our Database relies upon our Software to organize and interpret the stored data. Our data contains the structure and removal rules of malignant malware components. In addition, our Database may contain exclusions of non-malignant file components. In order to efficiently combat the threat of malware, our Database requires constant Updates.

(“Permitted Number”) means the number of computers that can install and use a copy of the Software, and such number is one (1) by default unless otherwise indicated under a valid license (e.g., a volume license) specifically negotiated and granted by ESG.

(“Computer”) means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

2. SOFTWARE LICENSE.

As long as you comply with the terms of this EULA (the “Agreement”), ESG grants to you a non-exclusive license to use the Software for the purposes described in the Documentation.

2.1. General Use. You may install and use the Software on your compatible computer, up to the Permitted Number of computers; or

2.2. Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from another computer on your internal network, provided that the Computer that accesses or uses the Software on such computer file server at any time, whether concurrent or not, does not exceed the Permitted Number. No other network use is permitted without negotiation and purchase of a volume or server license; and

2.3. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.

2.4. Home Use for Business Copies. If you are using the Software at your business, and you are the primary user of the computer that is licensed to use the Software, you may, also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on your business computer is being used.

If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you receive a Content Update (as set forth in Section 5 below), if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other Software, you may only use the Software as licensed above. You may not rent, lease, sublicense, lend or transfer any versions or copies of the Software you do not use. If the Software is a Content Update, as discussed in Section 5 below, you must possess a valid license to such previous version in order to use the Content Update.

3. INFORMATION WE COLLECT FROM YOU AND YOUR COMPUTER

3.1. Information Collected/Transmitted During Scans.

3.1(a). Diagnostic Report. If you push the “Start Scan” button or select “Start Full Scan” from the “SpyHunter Scanner” dropdown menu, a diagnostic report from your system will be transmitted to ESG’s Technical Team for diagnostic purposes. The information transmitted is identical to the information that is displayed when you press “Generate Support Log” within the “Spyware Helpdesk” tab of the user interface. In addition, SpyHunter sends ESG the SpyHunter version number and language, the IP address of the computer on which SpyHunter is installed, and a unique number that identifies your copy of SpyHunter. For paid users, SpyHunter also transmits their username and password. We collect this information for the purposes of diagnosing new malware threats and for tracking the location of malware infections. The information collected is encrypted when sent, it is stored on ESG’s system until it can be analyzed and statistical and other information is extracted. The extracted information does not contain any IP addresses or user identifiable information. For free scans, once the relevant information is extracted, the diagnostic report is purged in due course. For paid users, the diagnostic report is retained for use in customer service. The diagnostic report information is not shared with any third parties. Note that SpyHunter allows you to opt-out of transmitting the diagnostic report by visiting the “General” tab under the “Settings” tab and changing the option for “transmit diagnostic information.” Note, the normal operation of SpyHunter depends upon transmission of diagnostic information, and in order for SpyHunter to work safely and effectively, it is strongly recommended that you leave this feature enabled.

3.1(b). Program Classification Information. One way that SpyHunter identifies potentially unwanted or harmful software is to examine the programs that start automatically and to classify those programs based on the threat they pose. To accomplish that task, SpyHunter sends ESG the name, location, size, and md5 hash of each file that starts automatically, as well as certain information about when and how that program begins to operate. When transmitting this file information, SpyHunter also sends ESG certain identifying information, including a unique number that identifies your copy of SpyHunter, your username and password (of registered users), the application version number, the application language, and the IP address of the computer on which SpyHunter is installed. All of the file information and identifying information is encrypted before being sent, and the identifying information is not stored. After verifying the user’s identity, ESG compares the file information that was sent against the information in ESG’s databases and returns relevant classifications to the user’s computer. Statistics regarding programs examined are kept indefinitely, but the actual transmission is purged. Geolocation information provided (such as IP address) is analyzed so that infections can be reflected in SpyHunter’s Malware Tracker tool, but IP addresses are not stored, other than in ordinary server logs which are purged frequently. In future versions of SpyHunter, ESG may collect copies of files that cannot be classified by the md5 hash information, but it will do so only after explaining the need to collect that information and prompting the user for consent. Additional information regarding ESG’s collection, use, and disposal of your personal information is contained in ESG’s Privacy Policy, available at: http://www.enigmasoftware.com/privacy-policy/.

3.2. Updates To SpyHunter. If you select the “Program Update” or “Definitions Update” option within the “Update Tab” on the user interface, SpyHunter sends ESG the SpyHunter version number and language, a unique number that identifies your copy of SpyHunter, and the IP address of the computer on which SpyHunter is installed. The SpyHunter version number and unique number are used to identify the specific updates to transmit and to allow a specific copy of SpyHunter to be de-activated if it is being used for hacking or malicious purposes. No geolocation or other identifying information (such as IP address) is analyzed or stored, other than in ordinary server logs which are purged frequently. None of the information collected is shared with any third parties, nor does it contain user identifiable information.

3.3. Information Collected In Conjunction with Updates Related to Paid Licenses. If you have a paid license and update SpyHunter through the “Program Update” or “Definitions Update” on the user interface, your system will send to us a uniquely generated ID number that identifies your copy of SpyHunter, the SpyHunter version number, the language, and the username and password that you have entered when registering SpyHunter. This information is used to ensure that you receive the proper updates and to enable ESG technical support to know what version of the program and parasite definitions are installed. This information is not shared with any third parties. This information is stored and deleted in the same manner as other personal information we collect about paid licensees, as described in Section 3.4 below. Additional information regarding ESG’s collection, use, and disposal of your personal information is contained in ESG’s Privacy Policy, available at: http://www.enigmasoftware.com/privacy-policy/.

3.4. Personal Information We Collect to Provide Services to You. If you are a paid licensee, we collect and use the information you provide us, such as the identifying information you provide when you register at https://www.enigmasoftware.com/purchase_spyhunter.php, the information you provide when communicating with customer support, and the scans you conduct of your computer. We use that information to provide services to you, for certain accounting and auditing purposes, and to update the Malware Tracker application. If you are a paid licensee, your username and password are sent and received during each communication to authenticate you as a user. Payment card and other financial information are collected solely by ESG’s payment processor, Esellerate.net, and is used to verify and collect payment for licenses to use ESG’s products. Payment and financial information are not collected by ESG and are not stored on ESG’s systems. We take steps to safeguard and protect your personal information, which include but are not limited to, ensuring that information is encrypted before it is sent to or from us to you and that statistical information we develop is not tied to your username or your IP address.

3.5. Personal Information of Former Paid Licensees. ESG retains non-financial contact information, and support and scan logs, for paid customers whose licenses have expired to facilitate renewal or reinstatement. Esellerate.net stores payment and billing information of customers whose software licenses have expired to ensure accurate processing of chargebacks and for auditing purposes. We take steps to safeguard and protect your personal information, which include but are not limited to, ensuring that information is encrypted before it is sent to or from us to you.

4. RENEWALS.

When you purchase SpyHunter, your account will be configured for six month semi-annual automatic billing. If you choose to cancel the automatic billing option, you can accomplish this by either: (a) opening a ticket with technical support (on the following URL: http://www.enigmasoftware.com/support/) and request to opt-out of the automatic billing option, (b) contact our payment processor Esellerate.net at 1-800-999-2734 (for international callers 1-719-576-0123), (c) or email Esellerate.net at shopper@esellerate.net. If you cancel automatic billing, we will not bill you for continued service when your account expires. If you desire continued service, it will be your responsibility to renew your account. If you remain on automatic billing, your account will automatically renew at the end of your subscription and your credit card will be billed accordingly.

5. CONTENT UPDATES.

SpyHunter is updated from time to time (including but not limited to the following: (a) the SpyHunter Software, (b) the malware definitions & signatures Database, (c) updated URL lists, (d) and other miscellaneous blacklist & whitelist Databases. These Updates are collectively referred to as “CONTENT UPDATES”). You shall have the right to obtain Content Updates for the duration of your subscription, which is 6 months after your purchase of a license. ESG may create a new version of its software, or otherwise create a Content Update that is sufficiently new or different that it will require purchase of a separate subscription to access such Content Update. In such event, you nonetheless will have access to other Content Updates, which will permit you full benefit of your six-month license. This License does not otherwise permit Licensee to obtain and use Content Updates.

6. INTELLECTUAL PROPERTY RIGHTS.

The Software and any copies that you are authorized by ESG to make are the intellectual property of and are owned by ESG and its suppliers. The structure, organization, Database, and code of the Software are the valuable trade secrets and confidential information of ESG and its suppliers.

The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.

The Software includes the curl and libcurl free software, which is subject to the following copyright and permissions: Copyright (c) 1996 – 2009, Daniel Stenberg, daniel@haxx.se. All rights reserved. Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted.

You may not copy the Software, except as set forth in Section 2 (“Software License”). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another Software program, and you have first requested ESG to provide the information necessary to achieve such operability and ESG has not made such information available. ESG has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by ESG or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any Software which is substantially similar to the expression of the Software. Requests for information should be directed to the ESG Customer Support Department. Trade names and or Trademarks (“hereafter Trademarks”) shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.

7. TRANSFER.

You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other Software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

8. USE ONLY AS LICENSED.

As set forth in Section 2, above, the Software may only be used as licensed.

9. LIMITED WARRANTY.

You hereby acknowledge that the Software may not be uninterrupted and cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by ESG. In particular, ESG does not guarantee that the Software will detect and/or remove all known viruses, spyware, adware, malware, Trojans, keyloggers and trackware, or locate all browser infections and tracking cookies on your computer, nor that the Software will not occasionally erroneously report a virus in a file or system not infected by that virus. If the Software is a beta version, you acknowledge and agree that (a) the Software may contain errors and defects and may not function as intended or in accordance with its specifications; and (b) you assume all risk in using the Software and agree to take due care in the installation, execution and testing of the Software on your computer system.

9.1. The particular operating systems upon which the Software has been designed to execute will be published by ESG from time to time (“Compatible OS”). You agree that you will not execute or install the Software on any operating system other than a Compatible OS. You acknowledge and agree that the Software may not execute correctly and may interfere with other software if executed on an operating system which is not a Compatible OS.

9.2. In the event that any terms, conditions, representations or warranties are implied by statute, common law or equity (“Prescribed Terms”) into this Agreement which cannot be lawfully excluded, the Prescribed Terms will apply to this Agreement, save that the liability of ESG for breach of any Prescribed Terms will be limited, to the extent permitted by law, at the option and sole discretion of ESG, to any one or more of the following: (a) the replacement of the Software to which the breach relates or the supply of equivalent Software; (b) the repair of the Software; (c) the payment of the cost of replacing the Software or of acquiring equivalent Software; or (d) the payment of the cost of having the Software repaired.

9.3. If the liability of ESG for breach of any Prescribed Terms is capable of exclusion, they are hereby excluded to the fullest extent permitted by law.

9.4. Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms: (a) ESG makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software (other than that ESG is entitled to grant to you the rights set out in this EULA); (b) you will not under any circumstances have any cause of action against, or right to claim or recover from, ESG for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms; and (c) subject to paragraph (b) above, the maximum liability of ESG to you in respect of any breach of this Agreement or otherwise in respect of your use of the Software will be the amount you have paid ESG for the Software and if you have not paid ESG any amount for the Software, will be the amount of USD $0 (zero dollars).

9.5. You acknowledge that this is the sole agreement between you and ESG, and you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by ESG which have not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by ESG.

9.6. For further warranty information, please see the jurisdiction specific information in our GOVERNING LAW section which is Section 13 of this Agreement, if any, or contact ESG’s Customer Support Department.

9.7. Further instructions on the procedures and policies to make a warranty claim are explained in our REFUND POLICY which is Section 17 of this agreement. Your exclusive remedy shall be limited to either, at ESG’s option, the replacement of the Software or the refund of the license fee you paid for the Software.

10. DISCLAIMER.

THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ESG’S OR ITS SUPPLIER’S BREACH OF WARRANTY. ESG AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ESG AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

11. LIMITATION OF LIABILITY.

IN NO EVENT WILL ESG OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ESG REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ESG’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits ESG’s liability to you in the event of death or personal injury resulting from ESG’s gross negligence or intentional misconduct. ESG is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact ESG’s Customer Support Department.

12. EXPORT RULES.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

13. GOVERNING LAW AND DISPUTE RESOLUTION.

This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of New York. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising from or related to your use of the Software shall be resolved through binding, confidential arbitration, which is the sole and exclusive remedy for any dispute. Such arbitration shall be conducted in accordance with the American Arbitration Association’s Consumer Procedure Rules. (The arbitration need not be conducted, however, by or under the auspices of the American Arbitration Association if the parties mutually agree to another arbitrator). There shall be one arbitrator selected by mutual agreement of the parties. If the parties are unable to agree to an arbitrator, either party may request that the American Arbitration appoint an arbitrator. Any dispute as to whether a specific issue is covered by this EULA or is subject to arbitration will be determined by the arbitrator. The arbitration shall be conducted in the complaining party’s home jurisdiction unless the amount demanded exceeds $10,000, in which case the arbitration shall occur in Manhattan County, New York. The arbitrator will determine whether substantive motions or discovery will be permitted, and will determine the scope of such matters, provided that the arbitrator will authorize the discovery and enter the prehearing orders necessary to ensure a fair, private hearing. Arbitration awards may be confirmed by any court of competent jurisdiction.

14. GENERAL PROVISIONS.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of ESG Updates may be licensed to you by ESG with additional or different terms. This is the entire agreement between ESG and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

15. NOTICE TO U.S. GOVERNMENT END USERS.

The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. For U.S. Government End Users, ESG agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.

16. COMPLIANCE WITH LICENSES.

If you are a business or organization, you agree that upon request from ESG or ESG’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all ESG Software at the time of the request is in conformity with your valid licenses from ESG.

17. REFUND POLICY.

Refund requests from purchases placed directly at ESG’s purchase page (via online download or on CD) must be requested through our payment processor Esellerate.net. ESG has authorized Esellerate.net to process all the refund requests from our subscribers. You must adhere to the following guidelines and initiate the refund request within 30 days from the date of purchase in accordance with our policy below. In addition, ESG has also authorized Esellerate.net to also provide a refund outside the 30 day period where it is required by law to do so.

17.1. All requests for refunds must be made to Esellerate.net within 30 days of the date ESG and Esellerate.net first made the software available to you for download (the “Purchase Date”). You can accomplish this by either contacting Esellerate.net at 1-800-999-2734 (for international callers 1-719-576-0123), or email Esellerate.net at shopper@esellerate.net. ESG and Esellerate.net will also provide you with a refund where it is required to do so by law.

17.2. You must provide ESG and/or Esellerate.net with sufficient information to be able to identify your transaction, such as the order number and/or e-mail address and/or date of transaction given to you when the download was ordered.

17.3. ESG and Esellerate.net will only refund the amount you paid for the software plus any appropriate taxes charged with that order. ESG will not refund any shipping or handling charges that may have been charged to you in respect of your return of your CD to Esellerate.net.

17.4. Refunds will be made in the same manner as you purchased the product. For example, if you purchased the product by Paypal, ESG will send your refund to your Paypal account. If you purchased by credit card, your credit card account will be credited.

17.5. ESG is not responsible for lost or misdirected mail, delays for downloading, or other communication system delays.

Reimage Terms of Service

This document explains the terms and conditions for using Reimage (the "Agreement").
By clicking "I Accept" or by using Reimage, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on: 05/18/2008.

SUMMARY OF OUR SERVICE

Reimage offers owners of Windows-based computers and their authorized technicians the ability to have a damaged Windows PC hard drive configuration ("Customer Configuration") interrogated by Reimage's proprietary scanning technology, to have data anomalies identified by Reimage, and to have those anomalies repaired, with the goal of restoring the Customer Configuration to good working condition without loss of Customer Data. Our proprietary scanning technology builds an inventory of valid components that should be in your Customer Configuration and stores a summary representation of that inventory ("Inventory Description File") in Reimage's secure back-up facility. The Inventory Description File can then be available on a continuous basis during your subscription to facilitate emergency repair and maintenance of the PC. Your data files and program files are not copied to Reimage's servers during this process. Please note the Service is provided in good faith and is usually effective, but we do not warrant the actual outcome of the Service or the results obtained. The Agreement also limits our liability. These provisions are found in "Warranties &Liabilities," below, and we ask you to read them.

COMPUTER REPAIR, MAINTENANCE & ARCHIVAL RESTORATION (17 U.S.C. 117)

Each computer to be serviced by Reimage will be uniquely registered ("Registered Computer"). For each of your Registered Computers, you represent that you own the machine, or are authorized by the owner to perform maintenance and repair services on it, that any computer programs or other copyrighted works stored on the machine are legitimate copies owned or properly licensed, and that you are using the Reimage service to diagnose, repair and maintain the Customer Configuration so it can be used as an essential step in utilizing the computer program(s) on the Registered Computer. For each Registered Computer, you authorize Reimage to use its proprietary technology to perform a local and/or remote scan of the Customer Configuration, to build the Inventory Description File reflecting your Customer Configuration and to use the Inventory Description File to help repair the Customer Configuration to make it work in accordance with its specifications, as permitted by U.S. Copyright Act (17 U.S.C. 117(c)) and other national law ("Repair &Maintenance Authorization").

You further authorize Reimage to make and store back-up copies of your Inventory Description File to assist you in the exercise of your right to archive and restore legitimate copies of protected works under 17 U.S.C. 117(a) or other national law ("Archive & Restore Authorization"). You acknowledge that the Reimage Service will not store any copies of your program or data files, but instead, will use the Inventory Description File to understand what components should be reflected in a correct Customer Configuration and to use that File to orchestrate the repair of damaged files. Where program files cannot be obtained from publicly available sources, you may need to insert your original CD or media to complete the restoration process. You agree on your own initiative to delete your Inventory Description File from the Reimage Service in the event that your continued possession of the related computer programs or Customer Configuration should cease to be rightful.

The Archive & Restore Authorization is in support of the Maintenance & Repair Authorization, so that archived copies of Inventory Description Files for your Registered Computer may be retrieved during your subscription period and used solely to maintain and repair the same Registered Computer and for the research and continuous improvement purposes described below.

Reimage may immediately suspend or terminate any account used to circumvent the limited function of Reimage as a computer maintenance, repair and archive restoration facilitator.

Repair Key Expires 1 Year from Date of Purchase

SCIENTIFIC RESEARCH & CONTINUOUS IMPROVEMENT

In order that Reimage may continue improving the science of remote computer maintenance and repair services, you irrevocably authorize Reimage to add your Inventory Description File to its repository, to analyze your Inventory Description File, alone and in conjunction with other Inventory Description Files it may receive from other subscribers, to conduct ongoing scientific and commercial research, to improve the Reimage Service and to publish its research findings, in aggregate form only, without attribution or financial obligation to you. Inventory Description Files added to Reimage's repository may continue to be used after the Term of this Agreement for such purposes, so long as such usage is done anonymously in a manner that does not associate your Inventory Description File with your Registered Computer or with your personally identifiable information.

YOUR ACCOUNT & PASSWORD

Your Account. When you register with Reimage, an Account is set up for you. When you register your Account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete.
Your Password. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your Master Account and each Sub-Account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Users may not loan their accounts or passwords to others.
Immediate Use. You may begin using the Service immediately upon Reimage's acceptance of your registration. Unless otherwise specifically stated for a particular promotion, generally no withdrawal period applies to the Service and you waive any applicable "cooling off" period to the extent permitted by applicable law.

PROPRIETARY RIGHTS

Our Proprietary Rights. Our Service contains server-based and client-side diagnostic and scanning technology that are proprietary to Reimage ("Diagnostic Tools") and a repository of Inventory Description Files, proprietary and third party components, libraries and other material or location references where such components may be obtained ("Repository") that are the copyright, trademark or other intellectual property of Reimage or designated third parties. Reimage has a patent pending. The Reimage Service is copyrighted individually and as a collective work by Reimage. All rights are reserved. The name "Reimage", "Reimage.com" and other names appearing herein are the trademarks or registered trademarks of the Service or the respective owners. Reimage makes no claim of ownership over any software or components that may be installed on your Registered Computer and referenced in the Inventory Description File. All copyright, trademark or other proprietary rights notices appearing on any works shall remain intact and legible. During the Term of your subscription, you grant Reimage the right to download, install, store, load and execute on your Registered Computer the Diagnostic Tools for the sole purpose of scanning your PC and providing the Service specified herein. You acknowledge that the Reimage Service is licensed and not "sold" to you and all such licenses are non-exclusive, non-sublicensable and non-transferable. Upon termination, you agree to remove or allow Reimage to remove the Diagnostic Tools from your Registered Computer and to cease further use thereof.
Your Proprietary Rights. You (or your designee) own all right, title and interest in your Customer Configuration and all customer data on your Registered Computer. All software programs, information, images, documents and customer data stored on your Registered Computer shall remain your sole and exclusive property, or that of your third party licensors, customers and/or owners. Reimage makes no proprietary claim to the foregoing, other than the limited, non-exclusive, irrevocable right: (a) to analyze the Customer Configuration, to build the Inventory Description File, to store such File in its repository and, to refer to such File to perform the computer maintenance and repair services on your Registered Computer and (b) to use the Inventory Description File to perform scientific and commercial research and to improve Reimage as a commercial service, as authorized herein, and for no other purpose.
Third Party Proprietary Rights. Reimage DOES NOT GRANT LICENSES FOR YOU TO USE ANY THIRD PARTY SOFTWARE OR UPDATES ON YOUR REGISTERED COMPUTER, WHICH YOU WILL INDEPENDENTLY OBTAIN AT YOUR OWN EXPENSE. UPON REQUEST, YOU MAY BE REQUIRED TO INSERT THE ORIGINAL CD OR OTHER PROGRAM MEDIA TO RETRIEVE FILES OR TO VERIFY YOUR LICENSE OR RIGHT TO UPDATES. Reimage MAY TERMINATE YOUR ACCOUNT AND DELETE THE INVENTORY DESCRIPTION FILE FOR YOUR REGISTERED COMPUTER IF SUCH PROOF IS NOT PROVIDED.
Reservation of Rights. Each party reserves all rights not specifically granted. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Service. You may not reverse engineer our Service or any software or data obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order and costs of enforcement (including reasonable attorneys fees) without necessity of posting bond to enjoin you from further mischief.

Reimage is a registered trademark of Reimage Ltd. in the United States. Windows XP is a registered trademark of Microsoft Corporation in the United States and other countries. The Twitter name, logo, Twitter T, and Twitter blue bird are trademarks of Twitter, Inc. in the United States and other countries. Facebook® is a registered trademark of Facebook Inc.

APPLICABLE CHARGES &PAYMENT.

Some features of our Service are available on a limited "free trial" basis, while other areas may require the payment of a subscription-based fee or other published charge.

If you received a limited "free trial" offer, you may be able to use specified features of the Service without charge during a stated trial period. If we have informed you that your trial account will automatically be converted to a paid subscription for a one-time or recurring fee, then you must cancel your account to avoid charges. If you do not cancel your account, then you authorize us to charge your payment method for the subscription fees applicable to the type of subscription that you selected at registration.

You agree not to allow your Master Account or any Sub-Accounts to be used by other persons that do not have an account. We require timely payment of all published fees and charges by the Master Account holder. You agree to keep your payment method with us up to date (including the expiration date for payment cards). You are responsible for all published charges on your Account(s) prior to the date we can reasonably act on any instruction to cancel your subscription. Fee paid are non-refundable, except as expressly stated herein.

We will provide you an online account statement. You agree to review the account statement and notify us of any discrepancy within one hundred twenty (120) days of the date of any disputed charge. You waive any claim which could have been identified from the billing statement within such period and which was not brought to our attention in writing during such period.

Currency exchange settlement rates are determined by your payment card provider. We will give you advance notice of any price changes for the Service. If you do not agree with a price change, you must cancel your subscription to avoid incurring the charges as of the published effective date. You are responsible for providing your own communication services (including any internet and dial-up services and related charges) and any taxes on this transaction, other than taxes on the net income or profits of Reimage.

If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to the Services. Unless otherwise agreed in writing, all charges are payable in the currency specified in advance by major credit card or other online payment mechanism. Late payments are subject to costs of collection (including legal fees of 17.5% pre-filing, or 35% if formal proceedings are filed) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.

PUBLIC FORUMS &POSTED MESSAGES.

Your Public Messages. Our Service may include certain interactive features that allow users to post, transmit and receive messages on discussion forums or other online channels ("Communications"). We do not prescreen or editorially control Communications on our Service. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Service or to any person.
Permission to Publish. Our Service does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Service (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Service generally, including your own Communications.
Data Management &Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Service at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Service. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Service, (c) to enforce this Agreement, or (d) to protect the interests of any other user.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not use the Service to violate any applicable law. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor's service.
Anti-Spam Restriction. You will not use our Service to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers.

THIRD PARTY LINKS AND ADVERTISERS.

Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Service. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a re-publisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.

SYSTEM SECURITY.

We offer secure web pages to transmit Inventory Description Files and to provide the computer maintenance, repair and archiving functions of Reimage. Inventory Description Files will be stored in an effectively secured form on our servers. We follow well defined technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. No computer system is completely secure, but we believe the measures implemented by our Service reduce the likelihood of security problems to a level appropriate to the type of data involved.

OUR PRIVACY POLICY.

Our Privacy Policy for this Service is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Service) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details.

WARRANTIES &LIABILITIES.

No Warranty on Third Party Software. Reimage MAKES NO WARRANTY OF ANY KIND AS TO THE PERFORMANCE OR QUALITY OF ANY THIRD PARTY SOFTWARE OR Reimage'S ABILITY TO RESTORE THIRD PARTY SOFTWARE TO GOOD WORKING ORDER. YOU WILL LOOK SOLELY TO THE SUPPLIER OF THIRD PARTY SOFTWARE TO OBTAIN ANY APPLICABLE LICENSES AND FOR ANY CLAIMS RELATING TO THE PERFORMANCE OF SOFTWARE, AND ANY UPDATES, ON THE REGISTERED COMPUTER.
Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE, REPOSITORIES, DIAGNOSTIC REPORTS, INVENTORY DESCRIPTION FILES AND CONFIGURATIONS) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES IN ONLINE COMMUNICATIONS AND PUBLIC FORUMS. YOU AGREE TO MAINTAIN ORIGINAL MEDIA OR ARCHIVAL COPIES OF ALL SOFTWARE AND CUSTOMER DATA FOR YOUR REGISTERED COMPUTER. THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
Limitation of Liability. Reimage IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE SUBSCRIPTION FEES ACTUALLY PAID TO IT BY YOU DURING OR WITH RESPECT TO THE MONTH PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS Reimage LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOSS OF USE OF YOUR REGISTERED COMPUTER, LOST OR CORRUPTED PROGRAMS OR DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Indemnification. You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service in violation or contradiction of this Agreement, including any claim that your Registered Computer contains unauthorized software or data, or that your Repair &Maintenance Authorization or Archive &Restore Authorization were without legal authority or were legally ineffective to grant the authorization that they purport to grant.
Limitation of Remedies. You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service and recover your Subscription Fees, to the extent permitted herein. This applies regardless of whether this exclusive remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT Reimage, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.

FORCE MAJEURE.

Reimage is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, terrorism, war, insurrection, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

NO OUTSIDE CONTACTS.

Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Service operates solely in Ramat Gan, Israel (our "Locality"). You are using the Internet as your own agent to access and use our Service from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Service occur solely in our Locality. Our Service does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.

INJUNCTIVE RELIEF.

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.

GOVERNING LAW.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. THE PROCEDURAL LAW OF ISRAEL WILL GOVERN PROCEDURAL ISSUES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN ISRAEL AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN IN ANY ACTION BROUGHT BY YOU. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at your last known email address (we would also attempt to send you a backup copy by regular mail).

TECHNOLOGY &DATA TRANSFER.

Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.

U.S. GOVERNMENT RESTRICTED RIGHTS.

To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Reimage, Inc., a corporation with offices located at Ramat Gan, Israel.

RELATIONSHIP OF PARTIES.

There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third party advertisers, suppliers or customers. You will look solely to the third party for all claims regarding their goods, services or information.

RIGHT TO RELY ON INSTRUCTIONS.

Reimage may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Service's automated criteria or which is believed by the Service's personnel to be genuine. For any password protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper, complete and timely contrary instructions.

CHANGES TO SITE.

We reserve the right to modify, change or discontinue the Service or any feature at any time without notice, except we will give advance public notice of any upcoming price changes. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.

TERMINATION.

Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Upon termination, Inventory Description Files may continue to be used on an anonymous basis for research and continuous improvement purposes as specified herein or may be permanently deleted, as Reimage may determine. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.

NOTICE TO CALIFORNIA RESIDENTS.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

Pricing Information: Current rates for using the Service may be obtained at Reimage pricing page. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

MISCELLANEOUS.

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement to any third party, including a party acquiring any of our operating assets or ownership interests upon written notice (including by way of email) to subscribers. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

PUBLIC NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.

If you believe content on our Service infringes your copyrighted work and you want the Service to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail, email or fax it to our Registered Agent (do not use this procedure for any other kind of communication):

Mail or Fax it to us:

Legal Department
Reimage, Inc.
2 Shoam street,
Ramat Gan 52521
Israel
Fax it to: +972 3 521 2361
Email it to: legal@Reimage.com

Notice of Copyright Infringement

I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Service without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.

Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:

I can be contacted as follows:

My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:

I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.

Signed:
Date: