The “Licensed Software” includes all the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for
which this EULA is provided, including:
(1) third-party computer information or software that pc-cleaner has licensed for inclusion in the Licensed
(2) written materials or files relating to the Licensed Software (“Documentation”);
(3) upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any (collectively,
INSTALLATION AND ACTIVATION.
Unless Licensee has purchased a Site License Agreement, Licensee may only install and/or use one copy of the
Licensed Software per user license included with the Licensed Software. To determine how many user licenses were
included with the Licensed Software, Licensee should consult the Licensed Software packaging or, in the case of
Licensed Software purchased via electronic download, Licensee’s order receipt. If you desire additional user
licenses for the Licensed Software, you may purchase them on the user portal at our website for the prices
designated on such website. Licensee shall be solely responsible for all expenses incurred in Licensee’s
installation of the Licensed Software.
The Licensed Software contains technological measures designed to prevent its unlicensed or illegal use. The
Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the
Licensed Software on a machine to no more than a finite number of times, and for a finite number of machines, to
ensure that you comply with the terms of this EULA and do not exceed the maximum number of user licenses you
The Licensed Software may require activation as explained during installation and in the Documentation. Such
activation may require that you submit a serial number and register an account with us. (Note that if you are
installing a trial version of the Licensed Software, you may not need a serial number to activate it, but we may
limit the length of time for which you may use the Licensed Software and/or the scope of the Licensed Software
Functionality.) If activation is required and not completed within the finite period set forth in the
Documentation and/or explained during installation, then the Licensed Software will cease to function until
activation has been completed, at which time functionality will be restored. If Licensee has any problem with
the activation process, Licensee should contact pc-cleaner at email@example.com.
The Licensed Software is designed for use on physical devices (i.e. desktop & laptop computers) and may not
function fully on virtual machines.
The Licensed Software may require an internet connection to be available to access all features.
See the specific provisions below that refuse warranties and limit our liability based on internet service
interruptions and unavailability.
PERSONAL DATA PROTECTION
You understand that by using the Licensed Software, you consent and agree to the collection and use of certain
further consent and agree that pc-cleaner may collect, use, transmit, process and maintain information related
to your Account, and any devices or computers registered thereunder, for purposes of providing the Licensed
Software, and any features therein, to you. Information collected by pc-cleaner when you use the Licensed
Software may also include technical or diagnostic information related to your use that may be used by pc-cleaner
to support, improve and enhance pc-cleaner’s products and services. For more information, please read our full
be transferred to the United States and/or other countries for storage, processing and use by pc-cleaner, its
affiliates, and/or their service providers. You hereby agree and consent to pc-cleaner’s and its partners’ and
licensors’ collection, use, transmission, processing and maintenance of such location and account data to
provide and improve such features or services.
Licensee may only make one copy of the Licensed Software for backup or archival purposes only, except that the
Documentation may not be duplicated.
Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Licensed Software or the
License granted by this EULA without prior written consent of pc-cleaner.
The License granted by this EULA is non-exclusive. Licensee may not use the Licensed Software except as expressly
permitted by this License.
(1) Licensee may not modify, alter, adapt, or translate all or any portion of the Licensed Software.
(2) Licensee may not create any derivative works from all or any portion of the Licensed Software.
(3) Licensee may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code
of the Licensed Software.
(4) Licensee may not use a previous version of the Licensed Software after receiving a media replacement or
upgraded version as a replacement to a prior version (in such case you must destroy the prior version).
(5) Licensee may not use the Licensed Software in the operation of aircraft, ship, nuclear facilities,
life-support machines, communication systems, or any other equipment in which the failure of the software could
lead to personal injury, death, or environmental damage.
(6) Licensee may not remove or obscure pc-cleaner’s copyright or trademark notices, or the copyright and
trademark notices of third parties that pc-cleaner has included in the Licensed Software; and
(7) Licensee may not use the Licensed Software to host applications for third parties, as part of a facility
management, timesharing, service provider, or service bureau arrangement; and
(8) Licensee may not use the Licensed Software in any manner not authorized by this EULA.
If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the
previous version. Any Update provided to Licensee is made on a License-exchange basis such that Licensee agrees,
as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any
previous version of the Licensed Software. However, Licensee may continue to use the previous version only to
assist in transitioning to the Updated version. Once an Update has been released, Pc-cleaner may cease support
for prior versions, without any notice to Licensee.
Pc-cleaner may provide Updates to the content of some of its software from time to time, including but not
limited to, virus definitions, URL lists, rules, driver database updates, and updated vulnerability data. These
types of Updates are collectively referred to as “Content Updates.” pc-cleaner may, at its discretion and
without notice, add, modify, or remove features, including Content Updates, from the Licensed Software at any
Pc-cleaner is not obligated by this EULA to provide Licensee with any technical support services relating to the
Licensed Software; however, Licensee may order additional support services for an additional charge as
pc-cleaner may offer from time to time during the term of this EULA.
You are a consumer. Nothing in this contract should prevent you from the benefit of rights granted to you by
applicable consumer regulation.
This EULA is subject to and will be governed by and construed in accordance with the substantive laws of Great
Britain, to the extent permitted by applicable consumer law. This EULA will not be governed by the conflict of
law rules of any authority, or the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded.
IF YOU ARE RESIDING IN, LOCATED IN, CITIZEN OF GREAT BRITAIN, A EUROPEAN UNION MEMBER STATE, OR ANYWHERE OTHER
THAN THE UNITED-STATES, WHEN PURCHASING THE LICENSED SOFTWARE, THE FOLLOWING DISPUTE RESOLUTION MECHANISM
APPLIES TO YOU:
Any dispute arising out of, or in connection with this EULA shall be referred to the exclusive authority of the
Courts of London, Great Britain, to the extent permitted by the consumer law of your usual place of
IF YOU ARE RESIDENT, LOCATED IN, CITIZEN OF THE UNITED-STATES, WHEN PURCHASING THE LICENSED SOFTWARE, THE
FOLLOWING DISPUTE RESOLUTION MECHANISM APPLY TO YOU:
This provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and
pc-cleaner. Arbitration is a form of private dispute resolution in which persons with a dispute waive their
rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a
neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as
explained below), which means you would retain your right to litigate your Disputes in a court, either before a
judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and pc-cleaner (as defined
below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to
court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring
claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by
others (including, but not limited to, class actions). Except as otherwise provided, entering into this
agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or
jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The
arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’
For the purpose of this Provision, “pc-cleaner” means pc-cleaner and its parents, subsidiary, and affiliate
companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any
dispute, claim, or controversy between you and pc-cleaner regarding any aspect of your relationship with
pc-cleaner, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to,
fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and
includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of
the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN
EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give
pc-cleaner an opportunity to resolve the Dispute. You must commence this process by mailing written notification
to Centaurus Media Limited, 20-22 Wenlock Road N1 7GU London, Great Britain. That written notification must
(1) your name,
(2) your address,
(3) a written description of your Dispute, and
(4) a description of
specific relief you seek.
If pc-cleaner does not resolve the Dispute within 45 days after it receives your
written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only
under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or pc-cleaner may choose to pursue
a Dispute in court and not by arbitration if
(a) the Dispute qualifies, it may be initiated in small claims court; or
(b) YOU OPT-OUT OF THESE ARBITRATION
PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO
THIS AGREEMENT (the “Opt-Out Deadline”).
You may opt out of this Provision by mailing written notification to
Centaurus Media Limited, 20-22 Wenlock Road N1 7GU London, Great Britain. Your written notification must
(1) your name,
(2) your address, and
(3) a clear statement that you do not wish to resolve disputes with
Pc-cleaner through arbitration.
Your decision to opt-out of this Provision will have no adverse effect on your
relationship with pc-cleaner. Any opt-out request received after the Opt-Out Deadline will not be valid and you
must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above
(“Pre-Arbitration Claim Resolution”) either you or pc-cleaner t may initiate arbitration proceedings. JAMS,
www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.
The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class
arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery
Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by
calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules.
Under no circumstances will class action procedures or rules apply to the arbitration.
Because this EULA and the Licensed Software concern interstate commerce, the Federal Arbitration Act (“FAA”)
governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law
consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant
to applicable law and will not have the power to award relief to, against or for the benefit of any person who
is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement
of reasons unless requested by a party. Such award will be final and binding on the parties, except for any
right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for
purposes of enforcement.
Location of Arbitration. You or Pc-cleaner may initiate arbitration in either Los Angeles, California or the
federal judicial district that includes the address you provide in your written notification of Pre-Arbitration
Claim Resolution. In the event that you select the federal judicial district that includes the address you
provide in your written notification of Pre-Arbitration Claim Resolution, Pc-cleaner may transfer the
arbitration to Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur
as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs. Pc-cleaner will pay all arbitration filing fees and arbitrator’s costs
and expenses upon your written request given prior to the commencement of the arbitration. You are responsible
for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or
expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any
rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with
Pc-cleaner as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator
concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable
attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more
than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or
claims (such as a class action, consolidated action or private attorney general action) unless both you and
Pc-cleaner specifically agree to do so following initiation of the arbitration. If you choose to pursue your
Dispute in court by opting out of this Provision, as specified above in section “Exclusions from
Arbitration/Right to Opt Out”, this Class Action Waiver will not apply to you. Neither you, nor any other user
of the Licensed Software can be a class representative, class member, or otherwise participate in a class,
consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this agreement you and Pc-cleaner are each waiving
the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and
Pc-cleaner might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury,
and/or to participate or be represented in a case filed in court by others (including class actions). Except as
otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such
as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to
be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this
Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or
unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Review by Arbitrator. Any dispute regarding this Provision, including the enforceability of this Provision or
the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator to determine.
Continuation. This Provision “DISPUTE RESOLUTION” shall survive the termination of your use of the Licensed
Software and any related Pc-cleaner websites or services.
LIMITED WARRANTY ON MEDIA.
Pc-cleaner warrants that the media on which the Licensed Software is distributed will be free from material
defects for a period of 30 days from the date the Licensed Software is delivered to Licensee. If Licensee
discovers a defect in the media during this 30-day period, Licensee may return the defective media to
pc-cleaner, and Licensee’s sole remedy is to have either the defective media replaced, or at pc-cleaner’s sole
option, a refund of the money that Licensee paid for the Licensed Software.
NO WARRANTY ON LICENSED SOFTWARE.
THE LICENSED SOFTWARE (EXLUDING THE MEDIA ON WHICH IT IS DISTRIBUTED) AND ALL PC-CLEANER RELATED WEBSITES AND
SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND “AS AVAILABLE,” AND PC-CLEANERAND ITS SUPPLIERS AND LICENSORS MAKE
NO WARRANTY AS TO THEIR USE OR PERFORMANCE. PC-CLEANERAND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR
REPRESENTATIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY
MATTER INCLUDING WITHOUT LIMITATION: QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE LICENSED
SOFTWARE OR ANY RELATED PC-CLEANERWEBSITES OR SERVICES; QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR
AVAILABLE THROUGH USE OF THE LICENSED SOFTWARE OR RELATED PC-CLEANERWEBSITES OR SERVICES; ANY REPRESENATION OR
WARRANTY THAT THE USE OF THE LICENSED SOFTWARE OR ANY RELATED PC-CLEANERWEBSITES OR SERVICES WILL BE
UNINTERRUPTED OR ALWAYS AVAILABLE (WHETHER DUE TO INTERNET FAILURE OR OTHERWISE), ERROR-FREE, FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE; NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE, EXCEPT FOR, AND ONLY TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN
LIMITATION OF LIABILITY.
IN NO EVENT WILL PC-Cleaner, OR PC-Cleaner’S SUPPLIERS OR LICENSORS, BE LIABLE TO LICENSEE FOR ANY DAMAGES,
CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE, INCIDENTAL
DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS (INCLUDING WITHOUT LIMITATION THOSE BASED ON THE USE OR THE
INABILITY TO USE THE LICENSED SOFTWARE OR ANY PC-CLEANERRELATED WEBSITES OR SERVICES), EVEN IF A REPRESENTATIVE
OF PC-CLEANEROR ONE OF PC-Cleaner’S SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. IN ANY CASE, THE AGGREGATE LIABILITY OF
PC-Cleaner, AND PC-Cleaner’S SUPPLIERS, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE LICENSED SOFTWARE, OR 5 EUROS.
ADDITIONAL TERMS FOR BETA SOFTWARE.
If the Licensed Software that Licensee receives with this EULA is pre-commercial release or “BETA” software
(“Pre-release Software”), then, to the extent that any provision in this section is in conflict with any other
term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the
Pre-release Software, but only to the extent necessary to resolve the conflict.
Licensee acknowledges that the Pre-release Software does not represent the final product from pc-cleaner, and
may contain bugs, errors, and other problems that could cause system or other failures and data loss.
Consequently, pc-cleaner disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
IN APPLICABLE JURISDICTIONS WHERE LIABILITY CANNOT BE SO EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT MAY BE LIMITED,
PC-Cleaner’S LIABILITY, AND THAT OF ITS SUPPLIERS, SHALL BE LIMITED TO THE TOTAL OF FIFTY EUROS (50 EUR).
Licensee acknowledges that Pc-cleaner has not promised or guaranteed to Licensee that the Pre-release Software
will be announced or made available to anyone in the future, and that Pc-cleaner has no express or implied
obligation to Licensee to announce or introduce the Pre-release Software. Pc-cleaner may decide not to introduce
a product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee acknowledges that any
research or development that Licensee performs regarding the Pre-release Software, or any product associated
with the Pre-release Software, is done entirely at Licensee’s own risk.
During the term of this EULA, if requested by pc-cleaner, Licensee will provide feedback to Pc-cleaner regarding
testing and use of the Pre-release Software, including error or bug reports.
If Licensee has been provided the Pre-release Software pursuant to a separate written agreement, then Licensee’s
use of the Pre-release Software is also governed by that agreement. Notwithstanding anything in this EULA to the
contrary, if Licensee is located outside the United States, Licensee will return or destroy all unreleased
versions of the Pre-release Software within 30 days of the completion of Licensee’s testing of the Pre-release
Software if that date is earlier than the date scheduled for pc-cleaner’s first commercial shipment of the
publicly released (commercial) software.
SURVIVAL OF DISCLAIMERS.
The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever
caused; but this survival shall not imply or create any continued right to use the Licensed Software after
termination of this EULA.
Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any
manner prohibited by the applicable export control laws, notably where applicable, the United States Export
Administration Act, restrictions, or regulations (collectively the “Export Laws.”) All rights to use the
Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are
forfeited if Licensee fails to comply with the Export Laws.
INTELLECTUAL PROPERTY OWNERSHIP.
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are
owned by, pc-cleaner, and by third parties whose intellectual property has been licensed by pc-cleaner. The
structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential
information of pc-cleaner and such third parties. The Licensed Software is protected by law, including without
limitation, the copyright laws of the United States and other countries, and by international treaty provisions.
Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the
RESERVATION OF RIGHTS.
Pc-cleaner reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee
are limited to pc-cleaner’s intellectual property rights, and to the intellectual property rights of third
parties licensed by pc-cleaner. All rights are reserved under the copyright laws of Great Britain and/ or of
other countries, to Pc-cleaner Centaurus Media Limited, 20-22 Wenlock Road N1 7GU London, Great Britain .
COMPLETE AGREEMENT and BINDING EFFECT.
This EULA constitutes the entire agreement between the Licensee and Pc-cleaner relating to the Licensed Software,
and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications,
agreements, arrangements, advertisements, and understandings regulating the Licensed Software. This EULA is
binding on and made for the benefit of the parties and their successors and permitted assigns.
This EULA may only be modified, supplemented or amended by a writing signed by an authorized officer of
Except as provided in the “Dispute Resolution and Arbitration” Provision, if any provision of this EULA is
determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the
maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
No failure or delay by Pc-cleaner in exercising its rights or remedies shall operate as a waiver unless made by
pc-cleaner specific written notice. No single or partial exercise of any right or remedy of pc-cleaner shall
operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
PROOF OF COMPLIANCE.
Within 30 calendar days after request from pc-cleaner, or pc-cleaner’s authorized representative, Licensee will
provide full documentation, and certify under penalty of perjury, that Licensee’s use of any and all Licensed
Software is in conformity with this EULA.
If Licensee breaches this EULA and fails to cure any breach within 30 calendar days after request from
pc-cleaner, or pc-cleaner’s authorized representative, Pc-cleaner may terminate this EULA, whereupon all rights
granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to Pc-cleaner
all copies of the Licensed Software or verify in writing that all copies of the Licensed Software have been
If for any reason you, the Licensee, are dissatisfied with the Licensed Software you may obtain a refund of the
paid amount for the Licensed Software within 30 calendar days after acquiring it, by contacting pc-cleaner at
[link] (firstname.lastname@example.org) to obtain the refund. Once you receive the refund, the License granted by this
EULA is no longer valid and any use of the Software will infringe pc-cleaner’s copyright rights.