Consumer Support Agreement
THIS AGREEMENT IS INTENDED FOR USE WITH CONSUMERS ONLY AND IS NOT SUITABLE FOR USE BY BUSINESSES OR ANYONE ACTING IN A BUSINESS CAPACITY. BY AGREEING TO THESE TERMS YOU ARE WARRANTING THAT YOU ARE A CONSUMER AND ARE NOT ACTING AS A BUSINESS.
1. AGREEMENT
In this Agreement, "the Product" means the software product 'CCleaner'.
This Agreement is a legal agreement between you and Piriform Limited (a limited company registered in England and Wales with number 5565433 of 17 Cavendish Square, London, W1G 0PH, England, ("Piriform") in relation to the provision of support services for the Product, which is licensed to you pursuant to a license agreement between Piriform and you from time to time ("Licence").
All support services provided by Piriform to you will be on the terms and conditions set out in this Agreement. By purchasing the support services, you are deemed to agree to be bound by the terms and conditions of this Agreement.
2. SUPPORT TERMS
In consideration of your payment of the applicable support fee, Piriform will endeavour to answer by email such number of your queries regarding the use or application of the Product as it deems reasonable. Piriform cannot guarantee that all queries will be responded to or responded to within a specified period of time.
Queries should be submitted to Piriform using either of these methods:
• http://support.piriform.com using such user account details as given to you by Piriform after your support account is enabled.
• Email direct to Piriform using such email address as given to you by Piriform after your support account is enabled.
Upon receipt of full payment of the support fee, a user account will be automatically enabled for you on http://support.piriform.com and you will be sent an email notification confirming activation of your user account and confirming your user account details.
Piriform warrants to you that the support services will be performed with reasonable care and skill and in accordance with applicable UK laws and regulations. This warranty is in addition to any additional legal rights you may have. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3. LIMITS OF SUPPORT
Piriform shall only provide support services in respect of the most current version of the Product which you will be given the opportunity to download from our website, from time to time, subject to separate licence terms.
[Piriform shall only provide support services up to and in respect of the number of Installations of the Product that you have specified and paid for under this Agreement. You must purchase support services in respect of all Installations of the Product made by you; where you fail to do so this support agreement shall immediately terminate without notice, any without refund or liability to you.
An 'Installation' is defined as:
(i) the installation of one copy of the Product on an individual physical device which does not have Virtualization Capability (as defined below); or
(ii) each instance of the Product which is installed on a virtual machine operating on a device which has Virtualization Capability.
Where one copy of the Product is installed on a server but is accessible by multiple devices (whether physical or virtual), the Product shall be deemed to be installed both on the server and on each such device and each shall therefore be deemed an "Installation" for the purposes of this clause.
"Virtualization Capability" means making a single physical device appear to function as multiple virtual resources.]
4. CANCELLATION RIGHTS
You may cancel this Agreement at any time within seven working days of the date on which you receive our confirmatory email (see paragraph 6 below). In this case, you will receive a full refund of the price paid for the services. To cancel this Agreement you must inform us in writing and we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will usually refund any money received from you back onto the card used to pay.
5. YOUR OBLIGATIONS
You shall at all times:
• keep full back up copies of all data;
• co-operate with Piriform in providing the support services by providing any assistance or information that they require.
We only supply the services under this Agreement for domestic and private use, and you agree not to use the services for any commercial purpose.
6. TERM AND TERMINATION
This Agreement shall start on the date on which Piriform sends a confirmatory email to you confirming full payment of the support fees and issuing your user account details, and shall continue for a period of 1 year or for such other period as you may agree.
If you have purchased a yearly subscription for support, at the end of the year and any following year, this Agreement shall renew automatically for another year. Piriform (or its authorised agents or sub-contractors) will give you an opportunity to cancel your subscription in advance of the renewal date and will inform you of the renewal fees. Unless you notify Piriform by email before renewal that you do not want to renew, this Agreement will automatically renew.
Piriform may terminate this Agreement at any time upon written notice to you. In such circumstances, Piriform will issue a pro-rate refund back onto the card originally used to pay. Piriform may also terminate this Agreement immediately and without refunding any payments to you if:
• You fail to comply with your obligations under this Agreement;
• You fail to make any renewal payment.
Upon termination of this Agreement your right to receive the support services shall automatically cease.
7. LIMITATION OF LIABILITY
7.1 Subject to the other provisions of this paragraph 7, if Piriform fails to comply with this Agreement, it shall not be responsible for any losses that you suffer as a result, except for those losses which Piriform could reasonably foresee would result from its failure to comply with this Agreement.
7.2 Piriform shall not be responsible to the other for losses that result from failure to comply with this Agreement including, but not limited to, losses that fall into the following categories:
(a) loss of income, profit or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data
7.3 This paragraph 7 does not include or limit in any way Piriform's liability for
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations imposed by section 2 of the Supply of Goods and Services Act 1982;
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1989 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for it to exclude or attempt to exclude its liability.
7.4 Piriform's liability to you for losses suffered by you arising out of or in connection with this Agreement (including but not limited to negligence) shall be limited each year in total to the charges paid by you under this Agreement in the year in which the liability arose.
7.5 The provisions of this paragraph 7 shall survive the termination of this Agreement howsoever caused.
8. GENERAL
• If any part of this Agreement is found to be invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms of this Agreement and which will continue to be valid to the fullest extent permitted by law.
• This Agreement may only be varied by agreement in writing and signed by an authorised representative of Piriform.
• This Agreement sets out the whole agreement between you and Piriform in respect of software support for the Product This Agreement only applies to Piriform's contracts with consumers.
• You may not transfer any of your rights or obligations under this Agreement to another person without our prior written consent. Piriform can transfer or sub-contract any of its rights or obligations under this Agreement, but this will not affect your rights under this Agreement.
• Any complaints you may have about our services can be directed either by email to the same address you use to direct your queries to or by letter to 17 Cavendish Square, London, W1G 0PH, England.
• Piriform shall not be liable or responsible for any failure to perform or delay in performing its obligations under this Agreement that is caused by an event outside its reasonable control.
• This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or its formation shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.
Version 1.2.0