SupportHelp – End User Licence Agreement for Download of Software Please read carefully
This End-User License Agreement (“EULA”) is considered to be entered into between you (the individual or entity) and SupportHelp.Com. This EULA shall control the Terms and Conditions between you and SupportHelp concerning the downloading and installation of SupportHelp software on your computer/s or device/s. BY INSTALLING, DOWNLOADING OR OTHERWISE UTILIZING THE SUPPORTHELP SOFTWARE, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE TERMS STATED HEREIN, DO NOT INSTALL THE SUPPORTHELP SOFTWARE.
1. SupportHelp Software
Validity of License. The SupportHelp software contains or may contain numerous other software and utilities with their updates, enhancements, add-on components, or online service components, and net meeting tools with or without any additional terms and conditions specified with these tools. This EULA outlines your rights to the SupportHelp software that you have chosen to download or install. The services that are permitted via the SupportHelp software are subject to periodic changes or modifications. The SupportHelp software includes or may include other software developed by independent software developers from whom SupportHelp has acquired the necessary licenses or rights to provide such additional software along with the SupportHelp Software.
2. Grant of License
Unless it has been expressly stated, SupportHelp software may not be used by any individual other than the one allowed to use it (herein referred to as ‘Authorized Individual’) on one specific computer/device on which it has been downloaded or installed (herein referred to as ‘Authorized Device/Computer’). Particularly:
- If you are an individual SupportHelp gives you an individual or personal, non-exclusive license to install and/or download the SupportHelp software in line with the terms outlined in this EULA, as long as you are the only individual using the software
- If you are an entity, SupportHelp gives you the right to appoint one individual within your organization as the individual that has the rights to install or download and use the SupportHelp Sorftware in line with the terms outlined in this EULA. You agree to keep detailed records, systems and/or practices that precisely record the number of copies of SupportHelp software that you have purchased, installed and used on your devices, computers or otherwise, and will keep these records for a minimum of 24 months from the date of the expiry of your Software license. SupportHelp may carry out an audit (Onsite on your premises) of records and systems from your business to ensure that your installation and use of the software corresponds with the license you received from us or any of our authorized dealers or resellers. SupportHelp will not carry out more than one audit per year. If the results of the audit show that you have used our software incorrectly or in a way that does not conform with the license issued, then you will immediately acquire a valid license OR true-up your current license for the software.
3. Limited License for Utilization of SupportHelp Software
In line with the terms of this EULA, SupportHelp hereby awards you with a non –exclusive, non-assignable, non-commercial, non-transferable license that allows you to download, install and/or use the SupportHelp Software on your computer/device. This license is only valid for personal use. By accepting the terms of this EULA, you will receive limited rights to:
- The download and installation of the SupportHelp Software on your Authorized Device/Computer
- The download and installation of updates, sequels, enhancements and/or add-on components in relation to the SupportHelp Software and
- Access and use of the services that are provided by SupportHelp, and occasionally, the services provided by SupportHelp or any Third party (herein referred to as ‘Services’)
4. License Conditions
SupportHelp awards you a license to use its software as long as the following conditions are met:
- You shall not create any commercial use or distribution, or avail the SupportHelp software to any third party without the express written permission of SupportHelp
- You shall not license, sub-license, assign, distribute, trade, sell, copy, modify/change, interfere with, act as an middle-man or provider, or otherwise give out rights of any kind whatsoever to any third parties in regard to the SupportHelp Software or any part thereof or any associated services
- By installing the SupportHelp software on an Authorized Device/Computer, you give irreversible permission to such change or modification in the services. SupportHelp also retains the right to restrict or regulate your right to use or access the services enabled with the SupportHelp software provided
- SupportHelp may exercise its discretion to provide you with additional features, functions, upgrades, improved versions, and sequels to the SupportHelpperiodically. The changes or upgrades to the software may occur automatically, or you may have to download and install any additional components on your system to ensure that these changes take effect. This EULA shall govern all changed or upgraded versions of SupportHelp software that may be availed to you.
- The SupportHelp software that is available for download and installation comes in a package with other software from licensed or owned by third party developers. When the SupportHelp software is downloaded and installed on the Authorized Device/Computer, it installs the third party programs at the same time. Once you have downloaded and installed the SupportHelp software onto your device/computer, you give irreversible consent to the T&Cs or EULA outlined by the third party for the use of their software. SupportHelp shall not be responsible or liable in any way for any effects suffered by you when you use the third party software.
- SupportHelp, or its official representative(s) will have the right to request documents and certifications from you (the individual or entity), and you shall, within 30 (thirty) days, show detailed documentation and/or certification showing that at the time of the request, your use of SupportHelp software conformed to the terms stated in this EULA
- SupportHelp and/or its partners/affiliates have the right to compile and utilize technical information as part of the services provided to you by SupportHelp software, and may utilize this data solely to improve SupportHelp’s products OR to provide customized services and products to you. SupportHelp will not share any of its information with other parties in a form that may personally identify you.
5. Additional Limitations on the use of SupportHelp software
- Reverse Engineering – You may not, under any circumstances, reverse engineer, disassemble, or decompile SupportHelp software
- Component Separation – The SupportHelp software is licensed as a single product, therefore its various parts may not be separated for use by more than one user, or for use on more than one device/computer
6. Ownership of Intellectual Property
Nothing contained in this document shall hereby confer or be deemed to confer any intellectual property rights over the SupportHelp software to you. SupportHelp shall remain the owner of all the intellectual property rights relevant to the SupportHelp software, including but not limited to trademarks, copyrights, patents, design, codes, software, programming, logos, signs, etc. These rights shall also extend to all/any services provided by SupportHelp associated with its software or otherwise occasionally. You further recognize and agree that all intellectual property rights associated with third party software provided with the SupportHelp software shall continue to be vested in the third party software provider, in spite of any download, installation or utilization of the same, with or without your knowledge. Any act or attempt to modify, tamper with, or alter the SupportHelp software or any affiliated software or functionality thereof, by you or a third person with your explicit or implied authorization will be considered an infringement of these intellectual property rights, and shall result in legal implications against you.
7. Disclaimer of Warranties
Other than for the limited warranty provided by this EULA, and to the greatest extent permitted by law, SupportHelp hereby renounces any and all other warranties and conditions, either explicit or implied, including but not limited to any implied warranties, duties, or conditions of merchantability, of fitness for a specific reason of accuracy or completeness of responses, of results, of workmanlike effort, of absence of malicious software, and of absence of negligence, all with regard to SupportHelp software and the provision of or failure to provide support services. Additionally, there is no warranty or condition of title, quite enjoyment and quiet possession, correspondence to, description or non-infringement with regard to the SupportHelp Software.
8. Liability Limitations
In no way shall SupportHelp be accountable to you for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not restricted to data or software loss, as a result of or in connection with your download, installation, use, misuse or uninstallation of the program, whether such accountability will come as a result of a claim based upon contract, warranty, TORT (including negligence), product liability, personal injury, and advice given pertaining to the possibility of such loss or damage. The limitations in this section are separate and independent of any other remedy limitations in this EULA, and shall not be unsuccessful if any other remedy or restriction fails in spite of the foregoing. Under no circumstances shall our responsibility exceed the monetary value (if any) paid by you for this EULA
9. Third Party Applications Disclaimer
By downloading, installing, utilizing or uninstalling SupportHelp’s software, or you have utilized the SupportHelp software services, you agree, at your own expense, to indemnify, defend, and hold harmless SupportHelp, its affiliates, third party software licensors (Herein referred to as ‘Indemnified Parties’) from and against all losses, damages, injuries, causes of action, clains, demands and expenses of whatever kind or nature coming out of, relating to, or resulting from any claim against such indemnified parties or any one of them coming from or relating to
- Any breach by you of this EULA
- Your download, installation, utilization or uninstallation of the SupportHelp software or aforementioned software services including, without restrictions, any claim of personal injury, injury to reputation, violation of privacy including loss of property or loss of tangible property or data.
This EULA shall remain active for a period beginning on the date when you first give your consent to the same, and shall remain active until the same consent is revoked as laid down in this document.
- Termination by You – You may terminate this EULA at your discretion by uninstalling the SupportHelp software from your Authorized Device/Computer. If you choose to do so, you hereby agree that you will completely uninstall the SupportHelp software from your Authorized computer and delete/remove all data, files etc. Stored on your computer in connection to the SupportHelp software.
- Termination by SupportHelp – SupportHelp may terminate this EULA at any time, without giving any reason as to why it has done so. SupportHelp may also terminate this EULA if it discovers or detects any violations in the Terms and Conditions outlined herein. Once this EULA has been terminated, you hereby recognize and concur that all licenses to utilize SupportHelp software will be terminated. You also agree to do away with the SupportHelp software and delete ALL documents, files etc. Stored by your Authorized Device/Computer or hardware, or any storage media forthwith. Any delay in doing may result in SupportHelp beginning legal proceedings against you and seeking compensation for the unauthorized use of the SupportHelp Software
This agreement and the rights and responsibilities of the parties under this agreement and any disagreements coming from or in connection with this agreement shall be administered in all respects by:
- This EULA shall be administered by, and understood in accordance with the laws of the United States of America, and the State of Delaware regardless of clashes of law principles that would necessitate the application of laws from any other jurisdiction
- All Disagreements and differences coming from or in connection with this EULA shall be determined by arbitration. The arbitration shall be carried out in accordance with the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”) to the greatest extent allowed by applicable lay, and shall be held in Delaware, United States of America
- The provisions of this EULA may be changed by SupportHelp at any time at its sole discretion with or without aforementioned notice to you. You may access the modified and updated EULA by visiting the SupportHelp official website.