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CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING PC-DOCTOR SERVICE CENTER REMOTE. BY USING PC-DOCTOR SERVICE CENTER REMOTE YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT USE PC DOCTOR SERVICE CENTER REMOTE. UNLESS YOU HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH PC-DOCTOR, INC. THAT CONTROLS AND ALTERS YOUR USE OF PC-DOCTOR SERVICE CENTER REMOTE, THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT APPLY TO YOU.

1. Ownership of PC-Doctor Service Center Remote. PC-Doctor Service Center Remote, including its structure, organization and code, ("Service Center Remote"), and any accompanying written materials are owned by PC-Doctor, Inc. a Nevada corporation ("Licensor") or licensor's suppliers and are protected by United States copyright laws, by laws of other nations, and by international treaties. Your use of Service Center Remote does not transfer to you any rights to Service Center Remote, except as expressly set forth in this Terms and Conditions and End User License Agreement ("Agreement").

2. Grant of License. Service Center Remote is licensed, not sold. Following your subscription to Service Center Remote, Licensor grants to you, conditioned on the terms of this Agreement, the nonexclusive right to use Service Center Remote during your subscription period to Service Center Remote. The sole and only authorized use of Service Center Remote is limited to diagnostics, testing, and/or configuration.

You shall take all reasonable steps to ensure that you and anyone within your business or organization, who has access to Service Center Remote, complies with the terms and conditions of this Agreement. You and anyone within your business or organization shall not use Service Center Remote or access Service Center Remote other than as expressly stated herein. This Agreement will terminate automatically for failure to comply with any of the conditions, limitations or other requirements described herein.

3. RESTRICTIONS ON USE AND TRANSFER. THE AGREEMENT UNDER WHICH SERVICE CENTER REMOTE WAS LICENSED TO YOU DETERMINES YOUR RIGHTS ON THE USE OF SERVICE CENTER REMOTE. ALL RIGHTS NOT EXPRESSLY SET FORTH HEREUNDER ARE RESERVED BY LICENSOR.

You may not reverse engineer, decompile, disassemble, alter, modify, or otherwise attempt to discover the source code of Service Center Remote. You may not modify, translate, or create derivative works based upon Service Center Remote in whole or in part, except as expressly provided in this Agreement.

You may not sell, lease, lend, redistribute, sublicense or exchange Service Center Remote, directly or indirectly. You may not rent or lease Service Center Remote or otherwise transfer or assign the right to use Service Center Remote.

You agree not to permit any third party to use Service Center Remote in any form and shall use all reasonable efforts to ensure that no improper or unauthorized use of Service Center Remote is made. You may not permit third parties to benefit from the use or functionality of Service Center Remote via a timesharing or other agreement except to the extent such use is specified in this Agreement.

You may not use Service Center Remote for any illegal purpose and any use shall be in accordance with all relevant and applicable laws.

ANY BREACH OF THE PROVISIONS OF THIS AGREEMENT MAY BE SUBJECT TO PROSECUTION AND DAMAGES.

4. Records. Service Center Remote will automatically capture system information which can include some identifiers such as service tag, system serial number, motherboard serial number and also some general information about components in the system such as hard drive model, CPU model and many other values. Service Center Remote will also automatically collect which PC-Doctor diagnostics are executed on your customer/end user's device and its subsequent results. Service Center Remote is also capable of collecting usage statistics and check for updates. Usage statistics will report which features and functions are used. The foregoing are Records.

Licensor provides various levels of use of Service Center Remote, which may affect the retention period of Records. As such, depending on the level of Service Center Remote authorized to you, Records older than 12 months may be deleted by Licensor.

Service Center Remote will not automatically collect any Personally Identifiable Information from customers/end-users.

Personally Identifiable Information is: (i) information that can be used to uniquely identify you with your non-public personal, financial, or health data. This information may be obtained either individually or collectively, such as combining your name, race, gender, address, or phone number with your social security number (or other government issued number), financial account number, date of birth, biometric data, mother's maiden name, or other personally identifiable information;
(ii) "non-public personal information," as defined under 15 USC Subchapter 1, § 6809(4) (Gramm-Leach-Bliley Act); and
(iii) "protected health information," as defined under 45 CFR §160.103 (Health Insurance Portability and Accountability Act).
For information regarding Licensor's privacy policy, please click on the following link: http://www.pc-doctor.com/company/privacy-policy

If a customer/end-user provides Personally Identifiable Information to you, and you store that information on Service Center Remote, you must use that information only in providing the services outlined in this Agreement. You are legally responsible for that information and for maintaining the confidentiality of such information. For the avoidance of doubt, if you are provided Personally Identifiable Information, PC-Doctor, Inc. is not legally responsible, implied or otherwise, for such information, its use or confidentiality. PC-Doctor, Inc. disclaims all such responsibility.

5. Indemnification. You will defend and settle at your own expense, any action or other proceeding brought against Licensor, to the extent that such action or proceeding is based on a claim generated by your unauthorized use of Service Center Remote or your unauthorized use of customer/end-user Personally Identifiable Information. You will pay any and all costs, damages, and expenses (including but not limited to reasonable attorneys' fees) awarded against or incurred by Licensor in any such action or proceeding.

6. Subscription. PC-Doctor, Inc. utilizes a third-party service to facilitate payment with regards to your subscription to Service Center Remote. PC-Doctor, Inc. and the third-party service providers are independent entities, and PC-Doctor is not responsible for any information you share with the third-party service providers.

7. Term. This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the conditions, limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of Service Center Remote.

8. No Warranty. LICENSOR PROVIDES NO WARRANTIES, IMPLIED OR OTHERWISE FOR SERVICE CENTER REMOTE. SERVICE CENTER REMOTE IS PROVIDED "AS IS." LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO SERVICE CENTER REMOTE. YOU ASSUME RESPONSIBILITY FOR SELECTING SERVICE CENTER REMOTE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF, AND RESULTS OBTAINED FROM SERVICE CENTER REMOTE. WITHOUT LIMITING THE FOREGOING PROVISIONS, LICENSOR MAKES NO WARRANTY THAT SERVICE CENTER REMOTE WILL BE ERROR-FREE OR THAT SERVICE CENTER REMOTE WILL MEET YOUR REQUIREMENTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

9. Limited Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL LICENSOR, LICENSOR'S SUPPLIERS, OR LICENSOR'S LICENSEES BE LIABLE TO YOU OR ANOTHER PARTY FOR DAMAGES INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE SERVICE CENTER REMOTE, EVEN IF LICENSOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In no event shall Licensor's total liability for all damages (other than may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50).

10. COMPLIANCE WITH LICENSES. IF YOU ARE A BUSINESS OR ORGANIZATION, YOU AGREE THAT UPON REQUEST FROM LICENSOR OR LICENSOR'S AUTHORIZED REPRESENTATIVE, YOU WILL WITHIN THIRTY (30) DAYS FULLY DOCUMENT AND CERTIFY THAT USE OF SERVICE CENTER REMOTE AT THE TIME OF THE REQUEST IS IN CONFORMITY WITH THE TERMS OF THIS AGREEMENT.

11. Updates. Licensor may, in is sole discretion, provide updates and upgrades to Service Center Remote. Such updates and upgrades may be automatically deployed, without prior notification to you. Additionally, these updates may be provided to you by Licensor with additional or different terms.

12. U.S. Government Restricted Rights. All PC-Doctor products and documentation are commercial items, as that term is defined in 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, 48 C.F.R. § 52.227-19, or 48 C.F.R § 227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as commercial items and only with those rights as are granted to all other end users pursuant to the terms and conditions contained in this End User License Agreement. Supplier is PC-Doctor, Inc., 5485 Reno Corporate Dr, Suite 500, Reno, NV 89511, USA.

13. APPLICABLE LAW/VENUE. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. THE APPLICATION OF THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED. ANY SUIT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE BROUGHT SOLELY IN THE COURTS OF WASHOE COUNTY, NEVADA, AND THE PARTIES HEREBY EXPRESSLY CONSENT TO THE PERSONAL JURISDICTION THEREOF AND HEREBY WAIVE ALL OBJECTIONS TO VENUE THEREIN.

14. MISCELLANEOUS. THIS AGREEMENT MAY NOT BE MODIFIED EXCEPT BY A WRITTEN ADDENDUM ISSUED BY A DULY AUTHORIZED REPRESENTATIVE OF LICENSOR. NO PROVISION SHALL BE DEEMED WAIVED UNLESS SUCH WAIVER SHALL BE IN WRITING AND SIGNED BY LICENSOR OR ITS DULY AUTHORIZED REPRESENTATIVE. IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.

15. QUESTIONS. IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT OR WISH TO CONTACT LICENSOR FOR ANY REASON, PLEASE WRITE: PC-DOCTOR, INC., 5485 RENO CORPORATE DR, SUITE 500, RENO, NV 89511, USA.

16. CONFLICT OF AGREEMENT TERMS. SHOULD A CONFLICT EXIST BETWEEN THE TERMS OF THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH SERVICE CENTER REMOTE WAS LICENSED TO YOU, THE TERMS WHICH ARE MOST FAVORABLE TO LICENSOR WILL GOVERN THAT TERM. YOU ARE RESPONSIBLE FOR KNOWING THE TERMS UNDER WHICH SERVICE CENTER REMOTE MAY BE USED AND TO ABIDE BY THEM.

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