Commercial use of Defraggler Free is NOT permitted. 1. SOFTWARE LICENSE AGREEMENT In this License, "the Product" means the software product "Defraggler Free". This License is a legal agreement between you and Piriform Software Limited, a company incorporated in England under company number 8235567. By proceeding to download or install the Product, and in consideration of your use of the Product, you are deemed to agree to be bound by the terms of this License. Piriform permits you to use the Product only in accordance with the terms of this License and your rights under this License will terminate automatically without notice if you fail to comply with the terms of this License. Should your rights under this License terminate for any reason you must immediately cease all further use of the Product and destroy all copies of it. ANY USE OF THIS SOFTWARE IN A COMMERCIAL ENVIRONMENT, AND ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE, OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS AGREEMENT, CONSTITUTES A BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS. 2. WARRANTY DISCLAIMER THIS PRODUCT IS DELIVERED TO YOU 'AS IS' AND WITH ALL FAULTS. PIRIFORM DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS PRODUCT. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENSE HOWSOEVER CAUSED. 3. PRODUCT LICENSE In consideration of your agreeing to abide by the terms of this License and subject to your compliance with the terms of this License, Piriform grants you a non-exclusive, non-transferable license to use the Product for the following purposes and in the following manner: - You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Product without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn. - You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Product in whole or in part. - You may NOT use the Product to engage in or allow others to engage in any illegal activity. - You may NOT transfer or assign your rights or obligations under this License to any person or authorize all or any part of the Product to be copied on to another user's computer. - You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Product except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law. - You are NOT permitted to grant any sub-licenses of the Product. - You may NOT use the Product in corporate or commercial environments. - You may NOT use the Product to sell or deliver any other product or service to a third party or other commercial business. You are under no obligation to purchase any Product support from Piriform. However, where you do so, this License is subject to any further limitations which may be set out in your support agreement with Piriform. 4. INTELLECTUAL PROPERTY RIGHTS The Product is intellectual property of Piriform and is protected by law. You acknowledge that all intellectual property rights in the Product anywhere in the world belong to Piriform, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use them in accordance with the terms of this License. 5. LIMITATION OF LIABILITY IN NO CIRCUMSTANCES WILL PIRIFORM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. 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