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The Licensed Software “SafeSoft PC Cleaner”, “SafeSoft PC Cleaner PRO”, “SafeSoft Driver Manager”, and “SafeSoft Driver Manager PRO”, were made in cooperation with Blacktail Technology, Smart PC Solutions, Inc. and Avanquest Software SAS.
Before using our Licensed Software programs, please read this EULA like how you would read a contract or any legal document. This End User License Agreement (EULA) is a contract between you (“you”, “your”, or “licensee”) and Blacktail Technology (“we”, “us”, or “our”), that enlists term and conditions under which the License Software written above is licensed and not sold to you. The Licensed Software includes computer software and may include media, printed materials, “online” or electronic documents, and internet-based services, associated with our offerings.
LICENSE TERMS CONTENTS
The ‘Licensed Software’ comprises all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which is EULA is provided, including:
This Licensed Software is created for use on physical devices such as desktop and laptop computers and may not fully function on virtual machines.
Installation and Activation
Unless you (licensee) have purchased a Site License Agreement, you may only install and/or use one (1) copy of the Licensed Software per user license with the Licensed Software. To know the number of user licenses that are included with the Licensed Software, you should read the Licensed Software packaging or, if you bought the Licensed Software electronically (download), you may refer to your order receipt. If you want additional user licenses, you can buy them on the USER PORTAL of our Website. You are solely responsible for all of the expenses that are incurred in the installation and activation of the software.
The Licensed Software has technological measures that are created to prevent unlicensed or illegal use. The Licensed Software can contain technology that enforces a limit to a Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times and a finite number of machines, which ensures that the Licensee complies with the terms of this EULA and don’t exceed the maximum number of user licenses that have been purchased.
The Licensed Software may impose an activation requirement as written during installation and in the documentation. This activation can require you to submit a serial number and to register an account with us. If you are installing the trial version of the Licensed Software, you may not be required a serial number for activation, however, we may limit the duration of your use of the Licensed Software and/or its scope of functionality. If activation is needed yet not completed within the duration provided in the documentation and/or explained during installing, the Licensed Software will end its function until the activation has been completed. If a Licensee comes upon problems in regards to activation, The Licensee may contact Blacktail Technology’s Technical Support which can be found on the Web Site.
Access to the Internet
Access to the internet may be required for the License Software to deliver all its features.
Read the specific provisions listed below that disclaim warranties and make our liability limited based on internet service interruptions and unavailability.
If you, the Licensee, aren’t satisfied with the Licensed Software, you can ask for a refund within thirty (30) calendar days after receiving it. You can get the refund by contacting Blacktail Technology [email protected]
After receiving the refund, your license will not be valid anymore and any use of the Software will infringe Blacktail Technology’s Copyright rights.
Personal Data Protection
You or the Licensee can only create one (1) copy of the Licensed Software. This copy may only be used for backup or archival purposes. However, the Documentation may not be duplicated.
You or the Licensee can not sell, assign, sublicense, rent, lease, lend, or otherwise transmit the Licensed Software or the License granted by this EULA without a written consent from Blacktail Technology.
The License given by this EULA is non-exclusive. You or Licensee may not use the Licensed Software except as expressly allowed by this License.
Licensee must retain a valid License of the previous version of an Updated License Software that he owns. Any Updated version given to the Licensee is created for a License-exchange basis which means that the Licensee agrees, as a condition for obtaining an Update, that the Licensee must terminate all of the Licensee’s rights to use any older version of the Licensed Software. However, Licensee may continue to use the former version as assistance to transitioning to the Updated Version. Once the Update has been released, Blacktail Technology may end support for older versions without any notice to the Licensee.
Blacktail Technology may provide Updates periodically to some of its software’s contents. These updates may include but are not limited to, virus definitions, URL lists, driver database updates, rules, and updated vulnerability data. These kinds of Updates are referred collectively as “Content Updates’. Blacktail Technology can, at its decision and without notice, add, modify or remove features, including updates with Content, from the Licensed Software at any time.
From this EULA, Blacktail Technology is not obligated to provide the Licensee with any kind of technical support services relating the Licensed Software. However, Licensee can order addition support services for an additional charge as Blacktail Techonology may offer periodically during the term of this EULA.
You, as a consumer, should be aware that nothing in this contract can prevent you from benefitting from the rights granted to you by applicable consumer regulation.
This EULA is subject to, and will be governed by the substantive laws of India, to the extent permitted by applicable consumer law. This EULA shall not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Safe of Goods.
If you’re residing in, located in, or a citizen of a European Union Member State, or anywhere other than the United States, when purchasing the Licensed Software, the following mechanism of dispute resolution applies to you.
Any dispute that may arise out of, or in connection to this EULA, shall be referred to the exclusive jurisdiction of the Courts of New Delhi, India, to the extent permitted by the consumer law of your usual location of residence.
If you’re residing in, located in, or a citizen of the United States, when purchasing the Licensed Software, the following mechanism of dispute resolution applies to you.
This provision processes the fast and efficient resolution of any Disputes that may arise between you and Blacktail Technology. Arbitration is a type of private dispute resolution in which persons with a dispute drop 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 (the arbitrator) for a binding decision. You, as the consumer, have all the rights, to opt out of this Provision (which will be explained below), which means you would retain your right to litigate your Disputes in a court, either before a judge or a jury.
Kindly read this Provision well. This provides that all the Disputes between you and Blacktail Technology (which is defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces one’s right to go to court. If this arbitration is not present, you may have a right or opportunity to bring claims in court, before a judge or jury, and/or join in or be represented in a case filed in court by others (which includes, but not limited to, class actions). Except otherwise provided, entering into this agreement establishes a waiver of your right to litigate claims to be heard by a judge or jury. In arbitration, there’s no judge or jury, and court review in regards to an arbitration award is limited. The arbitrator should follow this agreement and may award the same damages and relief as a court (which includes attorney’s fees).
For this Provision’s purpose, “Blacktail Technology” refers to Blacktail Technology and its parents, subsidiary, and partner companies, including each of their respective officers, directors, employees, and agents. “Dispute” refers to any dispute, claim, or controversy between you and Blacktail Technology in regards to any aspect of your relationship with Blacktail Technology, whether based in contract, statute, ordinance, regulation, tort (including, but not limited to, fraud, fraudulent indictment, misrepresentation, negligence), or any legal or equitable theory, including the validity, enforceability or scope of this Provision (except the enforceability of the Class Action Waiver clause written below). “Dispute” shall be given the broadest possible meaning that shall be enforced.
We each agree that, except as written below, any disputes, as written above, whether in existence presently or based on acts in the past or in the future, shall be resolved exclusively by binding arbitration rather than in court.
Pre-Arbitration Claim Resolution. For all possible Disputes, whether in court or arbitration, you shall first allow Blacktail Technology to resolve the Dispute. You may perform this process by sending us an email at [email protected] The written notification should include:
If Blacktail Technology is not able to resolve the Dispute within 45 days after receiving your written notification, you can continue pursuing the Dispute in arbitration. You may only pursue your Dispute in a court under the circumstances that fall below.
Exlusions from Abritration or Right to Opt Out. Notwithstanding above, you or Blacktail Technology can choose to pursue a Dispute in court and not through arbitration if:
The Dispute qualifies to be processed in a small claims court.
You choose to opt-out of the arbitration procedures within thirty (30) days from the date that you first gave consent to this agreement (opt-out deadline). You can opt-out of this Provision by sending us a written notification by email to [email protected]ailtechnology.com. This written notification shall include:
Procedures for Arbitration. If this Provision is applicable and the Dispute is not resolved as provided on the “Pre-Arbitration Claim Resolution” section, either your or Blacktail Technology may pursue arbitration proceedings. JAMS, www.jamsadr.com, will be in charge of arbitrating all Disputes, and the arbitration shall be conducted before a single arbitrator. The arbitration shall commence as an individual arbitration, and should in no even be commences as a class arbitration. All issues should be at the arbitrator’s discretion, which includes the scope of this Provision.
The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases shall apply. The JAMS Rules can be found at www.jamsadr.com. This Provision is upheld in an event that it conflicts with the applicable arbitration rules. In no circumstances shall class action procedures or rules apply to the arbitration.
Due to this EULA and the Licensed Software touch interstate commerce, the Federal Arbitration Act (“FAA”) shall govern the arbitrability of all Disputes. However, the arbitrator will apply substantive law consistent with the FAA and the applicable statue of limitations precedent to suit.
Abritration Award. The arbitrator may individually award any relief that can be available under applicable law, and shall not possess the power to award relief to, against or for any person who is not a party to the proceeding. The arbitrator shall make any award in writing and isn’t obligated to provide a statement of reasons only if a party has not requested such. The award shall be final and binding the parties, except for any right of appeal given by the FAA, and can be entered in any court that possesses jurisdiction over parties involved for enforcement purposes.
Abitration Location. You or Blacktail Technology can initiate arbitration in Los Angeles, California or the federal judicial district that details the address that you’ve given in your written notification of Pre-Arbitration Claim Resolution. In an event wherein you choose the federal judicial district from the address that you’ve provided, Blacktail Technology may choose to transmit the arbitration to Los Angeles, California; given that it agrees to handle the fees and costs that you’re going to be charged from the transfer as decided by the arbitrator.
Payment of Arbitration Fees and Costs. Blacktail Technology shall handle all arbitration filing fees and arbitrator’s costs and expenses upon the written request you’ve given before the process of the arbitration. Additional fees and costs that you’re responsible for must be paid by you, including but not limited to, attorneys or expert witnesses. Fees and costs can be awarded as provided under applicable law. In addition to any rights to retrieve fees and costs under applicable law, if you give notice and negotiate in good faith with Blacktail Technology as provided in the section “Pre-Arbitration Claim Resolution” and the arbitrator decides that you are the winning party of the arbitration, you shall be entitled to recover reasonable attorney’s fees and costs based on the arbitrator’s decision.
Class Action Waiver. The arbitrator may not consolidate more than one person’s claims except as otherwise provided in this Provision, and may not otherwise override any form of a class or representative proceeding or claims (class action, consolidated action, or private attorney general action) unless both parties agree to do so following the initiation of the arbitration.
Jury Waiver. You understand and accept that through entering into this agreement, you and Blacktail Technology are waiving the right to a jury trial or a trial before a judge in public court. If this Provision is not present, you and Blacktail Technology may otherwise have the right to take Disputes in a court before a judge or jury, and/or join or be represented in a case that’s filed in court by others (class actions included). Except as otherwise written below, those rights are waived. Other rights that you may possess if you went to court, including the right to appeal and to certain types of discovery, can be more limited or may be waived.
Severability. If any clause in this Provision (apart from the Class Action Waiver clause above) is proven to be illegal or can’t be enforced, that clause will be severed from this Provision, and the remaining clauses of this Provision will be given full force and effect. If the Class Action Waiver clause is proven illegal and can’t be enforced, the entirety of this Provision will not be enforced and the Dispute shall be decided by a court.
Arbitrator’s Review. Any dispute within this Provision, which includes the enforceability of this Provision or the arbitrability of any Dispute as written in this Provision, shall be determined by the arbitrator.
Continuation. This “Dispute Resolution” Provision shall survive the termination of your right to use the Licensed Software and any related Blacktail Technology websites or services.
Limited Media Warranty
Blacktail Technology warrants that the media in which the Licensed Software is distributed, must be free from material defects thirty (30) days from the date that the Licensee has received the software. If the Licensee sees a defect in the media while in these 30 days, Licensee may return the media to Blacktail Technology, and Licensee’s only way to resolve this is to have the defective media replaced or have Blacktail Technology return the money that the Licensee has paid for the Licensed Software.
No Warranty on Licensed Software
The Licensed Software (Not including the media which was used to distribute it) and all Blacktail Technology related websites and services are given to the Licensee “as is” and “as available”. Blacktail Technology, including its suppliers and licensors, provides no warranty as to their usability or performance. Blacktail Technology, its suppliers and licensors don’t provide warranties or representations (express or implied, be it by statute, common law, custom, usage, or otherwise) as to any matter which including without limitation: Availability, Performance, Quality, or Functionality of the Licensed Software or any related Blacktail Technology website or services; Quality or Precision of any information taken from or available through using the Licensed Software or related Blacktail Technology Websites or Services; Any kind of representation or warranty that the use of the Licensed Software or any related Blacktail Technology Websites or services won’t be interrupted or always available (whether because of internet failure or otherwise), no viruses or other harmful components or work on or with any hardware, platform or software; non-infringement of third-party rights, merchantability, integration, satisfactory quality, or fitness for any purpose, except for, and only to the extent, that a warranty shall not be excluded or limited by applicable law in Licensee’s jurisdiction.
In no way and event will Blacktail Technology or its suppliers and licensors, shall be liable to licensee for any damages, claims, or costs, or for any consequential, indirect, exemplary, special, punitive, incidental damages, or any profits lost or savings lost (including without limitation those based on the use or inability to use the Licensed Software or any Blacktail Technology related or services), even if a representative of Blacktail Technology or one of its suppliers or licensors has been informed of the possibility of such damages, loss, claims, or costs, or for any claim by any third party. These exclusions and limitations apply to the extent allowed by applicable law in the jurisdiction of the Licensee. In any case, the aggregate liability of Blacktail Technology, and its suppliers, under or in relation to this EULA, shall be limited to the amount of fifty US Dollars ($50).
Additional Terms for BETA Software
Should the Licensed Software that the Licensee obtains with this EULA is pre-commercial release or “BETA”, then, to the extent that any provision in this section conflicts with any other term or condition in this EULA, this section overrides such confliction term(s) and condition(s) as to the Pre-release Software, but only to an extent needed to resolve the conflict.
Licensee accepts and acknowledges that the Pre-release Software (Beta Software) in no shape or form represent the final product by Blacktail Technology, and may contain bugs and other issues that could cause system failures, data loss, and any software performance-related problems. Consequently, Blacktail Technology does not claim any warranty or liability obligations to the Licensee of any kind.
In jurisdictions that are applicable where liability cannot be excluded for pre-release software, but may be limited, Blacktail Technology’s liability, and that of its suppliers, shall be limited to fifty (50) euros.
Licensee accepts and acknowledges that Blacktail Technology has never guaranteed or promised to Licensee that the Pre-release Software will be announced or made available to anybody in the future, and that Blacktail Technology has no expressed or implied obligation to Licensee to announce or introduce the Pre-release Software. Blacktail Technology may decide in not introducing a product similar to or compatible with, the Pre-release Software. Licensee acknowledges that any development or research that the Licensee performs about the Pre-release Software, or any product that’s associated with it, is done entirely at Licensee’s discretion and risk.
During the term of this EULA, if requested by Blacktail Technology, Licensee will provide feedback to Blacktail Technology in regards to testing and use of the Pre-release Software, which includes software issues or bug reports.
Should the Licensee be provided the Pre-release Software under a separate written agreement, the Licensee’s use of the Pre-release Software shall also be governed by the agreement. Notwithstanding anything in this EULA to the contrary, if Licensee is situated outside the United States, Licensee will return or destroy all unreleased versions within thirty (30) days of the completion of Licensee’s testing of the Pre-release Software should the date be earlier than the scheduled date of Blacktail Technology’s first commercial shipment of the publicly released (commercial) software.
Survival of Disclaimers
The exclusions of warranties and liability limitations should survive this EULA’s termination, however, caused; but the survival shall not imply or create any continued right for the use of the Licensed Software after this EULA’s termination.
Licensee should not ship, transmit, or export Licensed Software into any country or use it in any manner that’s not allowed by the applicable export control laws, notably where applicable, the United States Export Administration Act, restrictions, or regulations (Export Laws). All rights for the use of the Licensed Software are granted on condition that Licensee adheres with the Export Laws(collectively), and all such rights are void if Licensee fails to comply with the Export Laws.
Intellectual Property Ownership
Any authorized copies and the Licensed Software itself made by the Licensee, are the intellectual property of, and owned by, Blacktail Technology, and by third parties whose intellectual property has also been licensed by Blacktail Technology. The organization, structure, and code of the Licensed Software are trade secrets and confidential information of Blacktail Technology and our third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the USA 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 Licensed Software.
Reservation of Rights
Blacktail Technology reserves all its rights not expressly granted to Licensee by this EULA. The rights that are granted to the Licensee are limited to Blacktail Technology’s intellectual property rights, and the intellectual property rights of its third parties. All rights are reserved under the copyright laws of India and/or of other countries, to Blacktail Technology.
Complete Agreement and Binding Effect
This EULA constitutes the entire agreement between Blacktail Technology and the Licensee concerning the Licensed Software, and it overrides all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings that regulate the Licensed Software. This EULA is binding on and created for the benefit of the involved parties and their successors and permitted assignments.
This EULA can only be modified through a writing signed by an authorized officer of Blacktail Technology.
Except as provided in the “Dispute Resolution and Arbitration” Provision, if any provision of this EULA is decided by a court of competent jurisdiction to be conflicting to the law, that provision shall be enforce to the maximum extent that’s permissible, and the remaining provisions shall remain in full effect.
No delay or failure by Blacktail Technology in regards to exercising its rights or remedies shall be deemed and operate as a waiver unless made by Blacktail Technology’s written notice. No single and partial exercise of any right or remedy shall be used as a waiver or to preclude any other, or further, the exercise of that, or any other right, or remedy.
Proof of Compliance
Within thirty (30) calendar days after the request from Blacktail Technology, or its authorized representative, Licensee shall provide full documentation, and certify under penalty of perjury, that the Licensee’s use of any Licensed Software conforms with this EULA.
Should the Licensee breach this EULA and fails to remedy any breach within thirty (30) calendar days after the request from Blacktail Technology, or its authorized representative, it may terminate this EULA, whereupon all of the rights granted to the Licensee shall cease immediately. Added to that, Licensee must return to Blacktail Technology, all of the copies of the Licensed Software, or have a written verification stating that the copies of the software have been destroyed.