PC SpeedCAT - The Pinnacle of PC Speed Evolution

END-USER LICENSE AGREEMENT FOR SpeedCAT, LLC SOFTWARE:

IMPORTANT - READ THIS CAREFULLY BEFORE PURCHASING, INSTALLING, AND/OR USING ANY SOFTWARE OR SERVICES FROM SpeedCAT, LLC.

THIS END-USER LICENSE AGREEMENT ("EULA" OR "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (HEREINAFTER REFERRED TO AS "YOU") AND SpeedCAT, LLC ("SpeedCAT, LLC" OR "WE") REGARDING ANY SOFTWARE LICENSES, SERVICES, OR OTHER PRODUCTS PURCHASED OR OBTAINED FROM SpeedCAT, LLC OR ANY PARTNER OF SpeedCAT, LLC OR OTHER RETAILER, INCLUDING COMPUTER PROGRAMMING CODE, ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION (THE "SOFTWARE"). ALL REFERENCES HEREIN TO SOFTWARE SHALL INCLUDE BOTH COMPUTER APPLICATIONS AND MOBILE DEVICE APPLICATIONS.

YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ENTERING YOUR PAYMENT INFORMATION OR OTHER IDENTIFYING INFORMATION AND SUBMITTING AN ORDER FOR THE SOFTWARE THROUGH THE PCSpeedCAT.COM WEB SITE, PHONE OR ANY OTHER METHOD PROVIDED BY SpeedCAT, LLC, ANY THIRD PARTY AFFILIATED WEB SITE, RETAIL STORE, OR ANY OTHER SELLER OR VENDOR OF THE SOFTWARE LICENSES OR SERVICES OF SpeedCAT, LLC. IN ADDITION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING ANY SOFTWARE OR SERVICE PROVIDED BY SpeedCAT, LLC. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ENTER ANY PAYMENT INFORMATION OR OTHER IDENTIFYING INFORMATION, SUBMIT AN ORDER FOR THE SOFTWARE, OR DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE OR SERVICES. YOU AGREE THAT BY PURCHASING A SOFTWARE LICENSE OR BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING ANY SOFTWARE OR SERVICE PROVIDED BY SpeedCAT, LLC YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT IS MADE IN CONNECTION WITH THE SpeedCAT, LLC SOFTWARE PURCHASE AGREEMENT AVAILABLE AT HTTP://www.pcspeedCAT.COM/EULA. HTML (THE "SOFTWARE PURCHASE AGREEMENT") AND YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE SOFTWARE PURCHASE AGREEMENT.

All SpeedCAT, LLC Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed.

SpeedCAT, LLC reserves the right to revise the terms and conditions of this Agreement and the Software Purchase Agreement without notice to you. You are responsible for ensuring that you have the most up-to-date version and that you regularly review the terms and conditions of this Agreement, the Software Purchase Agreement, any other agreement entered into between you and SpeedCAT, LLC for order processing or fulfillment and any other notices posted on our web site at www.pcspeedCAT.com. You may request a copy of this Agreement or the Software Purchase Agreement at any time by contacting us via our web site. Your continued use of the Software constitutes your agreement to all such terms, conditions, and notices of this Agreement and the Software Purchase Agreement.

If there is any conflict between the terms set forth herein and the terms set forth in Section 25, the terms of Section 25 shall control.

1. LICENSE

Upon payment of the specified purchase price for the Software, and in accordance with the Software Purchase Agreement, SpeedCAT, LLC hereby grants to you a limited, non-exclusive and non-transferable license to use the Software for single use on one computer per serial number or subscription or on one or more mobile devices associated with the same user account (as applicable). You may make one back-up copy of the Software per serial number or subscription for the purpose of reinstalling the Software only. You may not reproduce the Software for sale, trade, or other use by any person who is not a party to this Agreement or the Software Purchase Agreement. The license granted hereunder shall at all times be subject to compliance with this Agreement and with the Software Purchase Agreement. For the avoidance of doubt, you are not purchasing or taking title to the Software, and the term "purchase" in this Agreement and in the Software Purchase Agreement refers to any license granted to you by SpeedCAT, LLC and any service that SpeedCAT, LLC provides to you. SpeedCAT, LLC reserves the right to monitor your usage of the Software for compliance with the terms and conditions of this Agreement and any use of the Software by you that violates this Agreement or any instances of piracy may result in your loss of use of the Software, services, and subscriptions provided through SpeedCAT, LLC without refund, and may result in legal prosecution of you and other parties involved. All licenses and services granted in this Agreement are provided on a "per day" basis. For the purposes of this Agreement and the Software Purchase Agreement, each day ends at 11:59:59 pm U.S. Pacific Time and the next billing day begins at 12:00:00 am U.S. Pacific Time.

Upon written notice to you and at no additional cost to SpeedCAT, LLC, SpeedCAT, LLC may assign or transfer this Agreement, and any or all of SpeedCAT, LLC's rights and obligations hereunder, to any party. This Agreement shall be binding upon and inure to the benefit of permitted successors and assigns. For the purposes of this Agreement, "written notice" also includes email communication sent to the email address provided by you. SpeedCAT, LLC is not responsible for email communication not received by you for any reason.

2. USERS IN THE UNITED STATES

THE SOFTWARE AND ALL SUBSEQUENT OFFERS OR PROGRAMS ARE NOT FOR SALE OR DISTRIBUTION IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR TO ANY OF ITS RESIDENTS.

Any users in the United States or who are residents of the United States currently living abroad may contact SpeedCAT, LLC or the third party processor from which they purchased the program within 30 days of purchase for a full and immediate refund.

3. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, WILL WE OR OUR SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF DATA, ECONOMIC LOSS, DAMAGES FOR WORK STOPPAGE, COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

The maximum liability we will have to you in relation to any breach of this Agreement, any breach of the Software Purchase Agreement, the supply of defective Software, any assertion of negligence by us, or in relation to any other matter concerning our Software will be the amount of the purchase price of the Software (pro-rated for any use of the Software by you prior to the date of breach, the supply of defective Software, or the assertion of negligence by us) or the price to replace any defective Software (as determined in our sole and absolute discretion). In no event will we be liable for any damages in excess of the foregoing liability cap or for any claim by any third party, even if we may have been informed of the possibility of such damages.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

You shall not, directly or indirectly, do the following: (i) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the Software, or authorize any third party to do any of the foregoing (ii) modify or create derivative works based upon the Software, in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. The Software is licensed as a single product. The Software's component parts may not be separated for use on more than one computer or mobile device. SpeedCAT, LLC reserves all rights in the Software not expressly granted to you in this Agreement.

5. TERMINATION

Without prejudice to any other rights SpeedCAT, LLC may have under this Agreement, if you fail to comply with any of the terms and conditions of this Agreement, SpeedCAT, LLC may terminate your license to the Software, subscriptions, and any other services provided by SpeedCAT, LLC. Upon notification of such termination, you must destroy all copies of the Software and all of its component parts.

6. INTELLECTUAL PROPERTY RIGHTS

Title to and ownership of all proprietary rights and intellectual property in and to copyrights, patents, licenses, trade secrets, trademarks, trade names, inventions and any other intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying materials (if any), and any copies of the Software shall at all times remain with SpeedCAT, LLC, SpeedCAT, LLC's suppliers or the applicable owner of such rights.

7. SUBSCRIPTION LICENSE

i. The term "Subscription License" refers to any Software license, subscription, and/or service that was paid up front and will automatically renew and re-bill at the end of the agreed subscription period/term until cancelled by you or by SpeedCAT, LLC in accordance with this Agreement and the Software Purchase Agreement, or that will automatically expire at the end of a set term as agreed upon by SpeedCAT, LLC at the time of purchase (for example, an annual non-renewing subscription).

ii. Your Subscription License begins when your order for the Software or services is received by SpeedCAT, LLC, regardless of when you download or begin to use the Software.

iii. Automatic renewal: Unless you terminate your subscription in accordance with this Agreement and the Software Purchase Agreement, SpeedCAT, LLC will automatically renew your Subscription License at the end of the agreed subscription period/term, for a like period of time, by directly charging your credit card or debiting your debit card for the then current renewal price for the Software. Any renewal term and your right to receive Software support and Software updates during a renewal term will be effective only after our receipt of the foregoing payment and conditioned upon the foregoing payment constituting and continuing to be valid and good funds. Unless and until this Agreement and your license is cancelled in accordance with the terms of this Agreement and the Software Purchase Agreement, you hereby authorize SpeedCAT, LLC to charge your credit card (or other approved facility) to pay for the renewed subscription. If you have selected a method of payment other than credit card or debit card, your subscription will only be renewed if you provide us with a valid payment prior to the date of renewal. We will email you and notify you by phone, either by recorded message or live person, prior to this date to remind you to renew your account.

iv. Termination/Cancellation: You may terminate your subscription to use the Software and to receive Software support and updates and/or terminate the automatic renewal of your license at any time by contacting our customer support team via the contact methods specified on our website at www.pcspeedCAT.com , or via the following link:http://www.pcspeedCAT.com /support.html. You may also make a cancellation request to any third party processor from which you purchased the software. SpeedCAT, LLC must receive your request to terminate the automatic renewal of your license at least three (3) business days prior to the date of renewal in order for the request to be effective. Your decision to terminate your Subscription License or to terminate the automatic renewal does not entitle you to a refund for amounts already paid, subject to the refund provisions set forth in this Agreement and the Software Purchase Agreement. In the event you agreed to a minimum commitment period, you will not receive a refund for any charges for the entire minimum commitment period. Upon SpeedCAT, LLC's receipt of your cancellation request, you will receive a confirmation email from SpeedCAT, LLC with a tracking number confirming that your request has been received. You are responsible for retaining this confirmation email for your records. If you do not receive a confirmation email for your request within 72 hours, you are responsible to submit your request again via an alternate method such as phone, live chat, postal mail, or fax. If you do not follow the above cancellation instructions and receive a confirmation email, your account will remain active and you will be responsible for all charges incurred up to the time the subscription is deactivated.

v. Refund: Subscription Licenses are provided with a 30-day refund period for initial purchases of the Software license or services and a 60-day refund period for renewals of the Software license or services. Refunds for Subscription Licenses will be processed within the allowed refund period and in accordance with the Software Purchase Agreement. The applicable refund period begins at the time of purchase or renewal, regardless of when or if the Software is downloaded, installed, logged into, or otherwise used. You are responsible for correctly submitting refund requests during the applicable refund period and in accordance with the Software Purchase Agreement. You may request a refund via the contact methods specified on our website at www.pcspeedCAT.com or by contacting the vendor from which you purchased the software. Upon SpeedCAT, LLC's or the partner’s receipt of your refund request, you will receive a confirmation email from SpeedCAT, LLC with a tracking number confirming that your request has been received. You are responsible for retaining this confirmation email for your records. If you do not receive a confirmation email for your request within 72 hours, you are responsible to submit your request again via an alternate method such as phone, live chat, postal mail, or fax. Once the refund is processed by us, it may take up to one week or longer for the refund to be credited back to your account. You should contact us if you do not receive your refund within 60 days of your request.

SpeedCAT, LLC nor its partners accept no responsibility for late cancellation/refund requests or cancellation/refund requests not received by SpeedCAT, LLC prior to the end of any refund or cancellation term for any reason, including: printer or fax failure, download failure due to disconnection from the internet or any other reason, power failure, heavy internet traffic, not receiving instructions due to your email address being incorrect on our records, sending a cancellation or refund request to the wrong email address or to a company other than SpeedCAT, LLC, computer or mobile device failure, or hardware error. No refund will be issued for shipping and handling, Extended Download Service (EDS), activation fees, CD-ROM purchase, or any other charges outside of base license fees for the Software.

8. PAID SOFTWARE

i. The term "Paid Software" refers to any Software that incurs a one-time charge and that does not re-bill or automatically renew at any time. Upon payment of the specified purchase price for Paid Software, SpeedCAT, LLC grants to you a perpetual license to use the Software, but your payment for the right to license the Paid Software does not entitle you to any updates, upgrades or new versions of the Software unless otherwise specified by SpeedCAT, LLC at the time of purchase.

ii. Refund: Paid Software is provided with a 30-day refund period. Refunds for Paid Software will be processed within the allowed refund period and in accordance with the Software Purchase Agreement If you purchased the software from a third party vendor, please be sure to read their terms and conditions regarding refunds as their rules may apply. If you purchased the software or program from a third party partner and believe you are entitled to a refund but are unsuccessful in reaching our partners, please contact SpeedCAT, LLC immediately or within 30 days for assistance The refund period begins at the time of purchase, regardless of when or if the Software is downloaded, installed, logged into, or otherwise used. You are responsible for correctly submitting refund requests during the refund period and in accordance with the Software Purchase Agreement. You may request a refund via the contact methods specified on our website at www.pcspeedCAT.com . Upon SpeedCAT, LLC's receipt of your refund request, you will receive a confirmation email from SpeedCAT, LLC with a tracking number confirming that your request has been received. You are responsible for retaining this confirmation email for your records. If you do not receive a confirmation email for your request within 72 hours, you are responsible to submit your request again via an alternate method such as phone, live chat, postal mail, or fax. Once the refund is processed by us, it may take up to one week or longer for the refund to be credited back to your account. You should contact us if you do not receive your refund within 60 days of your request.

SpeedCAT, LLC accepts no responsibility for late refund requests or refund requests not received by SpeedCAT, LLC prior to the end of the refund period for any reason, including: printer or fax failure, download failure due to disconnection from the internet or any other reason, power failure, heavy internet traffic, not receiving instructions due to your email address being incorrect on our records, sending a cancellation or refund request to the wrong email address or to a company other than SpeedCAT, LLC, computer or mobile device failure, or hardware error. No refund will be issued for shipping and handling, Extended Download Service (EDS), activation fees, CD-ROM purchase, or any other charges outside of base license fees for the Software. In order to qualify for a refund of Paid Software, all CDs or other media containing the Paid Software must be returned to SpeedCAT, LLC prior to the expiration of the refund period. If you do not return all CDs or other media containing the Paid Software, SpeedCAT, LLC will charge you for the first year's fee for subscription-based Software or will invalidate your eligibility for a refund on Paid Software, in SpeedCAT, LLC's sole discretion.

9. TRIAL SUBSCRIPTION LICENSE

i. The term "Trial Subscription License" refers to any Software license, subscription, and/or service that was not paid for up front, and will automatically bill at the end of the agreed trial period (unless cancelled before the end of the trial period) and will automatically renew/re-bill at the end of the agreed subscription period regardless of whether or not the Software is downloaded, installed, logged into, or otherwise used. During the trial period, the Software may be limited in functionality or its use may be limited for a period of time.

ii. Automatic conversion and renewal: Unless you terminate your Trial Subscription License in accordance with this Agreement and the Software Purchase Agreement, SpeedCAT, LLC will automatically convert your Trial Subscription License to a Subscription License at the end of the agreed trial period by directly charging your credit card or debiting your debit card for the then current price for the Software. SpeedCAT, LLC will automatically renew your Subscription License at the end of the agreed subscription period/term, for a like period of time, by directly charging your credit card or debiting your debit card for the then current renewal price for the Software. SpeedCAT, LLC may also, in its sole discretion, offer to convert your Trial Subscription License to a Paid Software license at the end of the agreed trial period. Your license to the Software and your right to receive Software support and Software updates during will be effective only after our receipt of the foregoing payments and conditioned upon the foregoing payments constituting and continuing to be valid and good funds. Unless and until this Agreement and your Trial Subscription License is cancelled in accordance with the terms of this Agreement and the Software Purchase Agreement, you hereby authorize SpeedCAT, LLC to charge your credit card (or other approved facility) to pay for the conversion and the renewed subscription. If you have selected a method of payment other than credit card or debit card, your subscription will only be renewed if you provide us with a valid payment prior to the date of renewal. We will email you and notify you by phone, either by recorded message or live person, prior to this date to remind you to renew your account.

iii. Termination/Cancellation: You may terminate your Trial Subscription License to use the Software and/or terminate the automatic conversion of your Trial Subscription License to a Subscription License at any time by contacting our customer support team via the contact methods specified on our website at www.pcspeedCAT.com , or via the following link: http://www.pcspeedCAT.com/support.html. If you purchased the software from a third party vendor,please be sure to read their terms and conditions regarding refunds as their rules may apply. If you purchased the software or program from a third party partner and believe you are entitled to a refund but are unsuccessful in reaching our partners, please contact SpeedCAT, LLC immediately or within 30 days for assistance. SpeedCAT, LLC must receive your request to terminate the automatic conversion of your Trial Subscription License to a Subscription License at least three (3) business days prior to the date of conversion in order for the request to be effective. Upon SpeedCAT, LLC’s receipt of your cancellation request, you will receive a confirmation email from SpeedCAT, LLC with a tracking number confirming that your request has been received. You are responsible for retaining this confirmation email for your records. If you do not receive a confirmation email for your request within 72 hours, you are responsible to submit your request again via an alternate method such as phone, live chat, postal mail, or fax. If you do not follow the above cancellation instructions and receive a confirmation email, your account will automatically convert to a Subscription License and you will be responsible for all charges incurred up to the time the subscription is deactivated. All materials provided to you by SpeedCAT, LLC as part of your Trial Subscription License, including CDs, sleeves, instructions, and booklets, must be returned to SpeedCAT, LLC upon cancellation in order for the cancellation to be effective. Following the conversion of your Trial Subscription License to a Subscription License or to Paid Software as provided in this Agreement, any termination of this Agreement and of your license will be as provided in Section 6 or 7 above (as applicable) and in the Software Purchase Agreement. SpeedCAT, LLC accepts no responsibility for late cancellation requests or cancellation requests not received by SpeedCAT, LLC prior to the end of any cancellation term for any reason, including: printer or fax failure, download failure due to disconnection from the internet or any other reason, power failure, heavy internet traffic, not receiving instructions due to your email address being incorrect on our records, sending a cancellation or refund request to the wrong email address or to a company other than SpeedCAT, LLC, computer or mobile device failure, or hardware error.

iv. Refund: If you experience any problems and/or errors with the Software during the trial period, you must contact SpeedCAT, LLC immediately or within 30 days via our web site at: http://www.pcspeedCAT.com. Failure to contact us regarding errors during the trial period waives any and all rights that you may have to return the Software for a refund after the Trial Subscription License converts to a Subscription License.

10. U.S. GOVERNMENT END USERS

The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end users of the Software acquire the Software with only those rights set forth herein. The manufacturer of the Software is SpeedCAT, LLC. This software is not for sale within the United States or to any of its residents.

11. AMOUNTS DUE / COLLECTION COSTS

Unless otherwise provided in this Agreement or the Software Purchase Agreement, all amounts owed to SpeedCAT, LLC by you under this or any other Agreement or the Software Purchase Agreement must be paid in full by you not later than 30 days after SpeedCAT, LLC notifies you of such amounts. You are not entitled to carry forward a balance of amounts owed. If payment is not made within 30 days then we may, at our discretion, suspend or cancel your license to use the Software and/or receive support and updates until such time as payment is made. You agree to pay all costs incurred in the enforcement of this Agreement and the Software Purchase Agreement and in collection of any delinquent amounts due, including reasonable attorneys’ fees and costs. All charges and fees due under this Agreement or the Software Purchase Agreement will be billed in accordance with the Software Purchase Agreement to the active credit or debit card that you have set up for your account. Unless you add a different credit or debit card to your account, SpeedCAT, LLC will charge the credit or debit card first used by you to purchase a Software license. Charges will appear as "SpeedCAT, LLC software" or "SpeedCAT, LLC" or by the name of the third party vendor from which you purchased on your credit or debit card statement. We will attempt to charge your credit or debit card information on file up to 4 times and an email notification of the billing charges will be sent to the email address on file. If the 4th attempted charge cannot be processed then we may, at our discretion, suspend or cancel your license to use the Software and/or receive support and updates until such time as payment is made. During a suspension or cancellation, your account will still incur billing fees for regular subscription fees regardless of whether the services are available to you. Upon payment of outstanding balances, your account will be reactivated within 24 hours. We will not credit or add additional time to your account due to a suspension or cancellation instituted because of past due payments.

12. ACCOUNT INFORMATION

You agree to provide us with current, complete, and accurate information for your billing information and to promptly notify us if there is any change in your billing address and, where you have paid by credit or debit card, will promptly notify us if there is any change to your card number, or card expiration date or if your card is cancelled (for example, for loss or theft). If we are unable to charge your credit card or debit your debit card, your subscription and ability to access and use the Software may terminate without further notice to you. If you fail to provide SpeedCAT, LLC with any of the foregoing information, you agree that SpeedCAT, LLC may continue charging you for any product provided under your billing account, unless you have terminated your subscription for such product (confirmed in writing upon request). Use of certain Software is conditioned upon you having a valid SpeedCAT, LLC username and password, which may be obtained during initial registration of the Software. Your subscription, username and password may not be assigned or transferred to any other person or entity. You must promptly inform SpeedCAT, LLC of any possible apparent breach of security concerning your username or password, such as loss, theft, or unauthorized disclosure or use of a username or password. Until you notify SpeedCAT, LLC of any breach in security, you will remain liable for any unauthorized use of the Software and services.

13. FRAUD & CHARGEBACK RIGHTS

You agree to promptly report all fraud and misuse of your credit or debit card that is used to purchase any Software from us. You also agree that any disputes concerning billing, delivery, or service quality will be addressed and investigated through us. Any charges disputed with your issuing bank or financial institution without first contacting SpeedCAT, LLC for resolution may be construed as an attempt to defraud SpeedCAT, LLC. Liquidated damages up to $500 per occurrence may be assessed by SpeedCAT, LLC, in its sole discretion, against any individual who fraudulently obtains a subscription, services, Software, or whose transaction later results in a chargeback to an account. You agree that the liquidated damage amount above is reasonable, does not constitute a penalty, and is being established due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by SpeedCAT, LLC due to excessive chargebacks to an account. You agree to indemnify and hold SpeedCAT, LLC harmless from any and all claims, fines or other damages imposed by any credit card company or other entity due to chargebacks which are the result of your fraudulent actions.

If a chargeback is received, we may discontinue any or all services associated with your account and discontinue your license to use the Software regardless of the amount or the specific purchase disputed. SpeedCAT, LLC may deny any or all future orders from you due to a chargeback history associated with your SpeedCAT, LLC account. If you have any questions or concerns regarding an SpeedCAT, LLC purchase or charges listed on your account or billing statement, please contact us or our partner from which you purchased the software or product immediately or within 30 days to review your account.

Claiming a charge as fraudulent to avoid payment for the Software or your subscription is illegal and may be reported by us to your credit card company, the issuing bank and/or any other appropriate authorities. For any chargebacks submitted by you as fraudulent, we will require a copy of a filed police report and documentary evidence from your credit card company stating that the charge was fraudulent and that your credit card and/or credit card numbers were stolen or otherwise falsely obtained and used. Failure to provide this information may result in us disputing the chargeback. Any chargebacks instigated as a result of fraudulent activity will be investigated by us and the results of our investigation may be brought to the attention of the appropriate authorities.

We may dispute, through your credit card company or otherwise, any chargebacks that are issued for reasons that we deem as non-fraudulent and/or if we believe that we provided you with proper services and support. It is your responsibility to notify us of any problems you have with your Software or services immediately or within 30 days. If your credit card company declines a chargeback reversal request, we may at our discretion refer your account to a third party collection agent in the event of default and/or suspend or cancel your license to use the Software. You agree to pay all costs incurred in the enforcement of the terms and conditions of this Agreement and/or the Software Purchase Agreement against you and in collection of any unpaid or overdue amounts due, including bank fees, reasonable attorneys’ fees and any other costs.

Some Software for mobile devices may be purchased through a third party, in which case the terms and conditions provided by, or otherwise applicable to, such third party shall also apply.

14. RECEIPT

When your order is approved, SpeedCAT, LLC will send a receipt to the email address on your order form. Your receipt contains all information regarding your account. Your receipt will provide you with a renewal date that lets you know when you will be billed for the next term of your Subscription License or when your Trial Subscription License will automatically convert to a Subscription License. In the case of Paid Software, your receipt serves as notice of when your refund period begins and ends. In the case of a Trial Subscription License, you will not be notified via email, or any other means, prior to your trial period ending. It is your responsibility to retain a copy of your receipt for your records. You may request a copy of your receipt at any time by contacting the sales department via our web site http://www.pcspeedCAT.com. SpeedCAT, LLC accepts no responsibility for receipts not received due to, but not limited to, incorrect email address provided by you, rejection from a server or ISP, or for any other reason.

15. FREE SCANS

The Software may offer a free scan of your computer before you decide to purchase a Software license. The purpose of this free scan is to identify the potential threats to security and performance that exist on your computer. The free scan may or may not remove or address select portions any of the identified threats. You must purchase a Software license in order for the Software to remove or address all of the identified threats.

16. LIMITATIONS OF THE SOFTWARE

Although the Software is effective at identifying and addressing many of the factors that can negatively affect computer or mobile device performance and/or security, there are numerous other factors that may not be identified or addressed by the Software. You acknowledge and agree that the Software does not identify and address all potential factors that can negatively affect computer or mobile device performance and/or security, and you further acknowledge and agree that your computer’s or mobile device’s performance and/or security may not improve until all such factors are addressed. In some cases, additional Software or other measures may be necessary for your computer or mobile device to attain optimal performance and/or security. For help in analyzing these issues, please contact our customer support team. If you are not satisfied with the effect of the Software effect on your computer’s or mobile device performance or security, you may seek a refund during the Refund Period as stated in this Agreement. Not all Software is designed to address both performance and security issues, and you should refer to the documentation for the applicable Software to determine the applicable functionality.

PC SpeedCAT: Scans conducted with this software may detect computer errors that occur as a natural consequence of routine use of the Microsoft Windows Operating System. In some instances, these errors may be harmless and will not affect the performance or operation of the computer system. Certain computer errors may consistently reappear and thus will be repeatedly detected by the software.

AlleyCAT Junk Remover: Scans conducted with this software may detect files that are harmless, the presence of which will not affect the performance, operation, or privacy of your computer system.

Purrformance Center: Allows you to manage all of your SpeedCAT software in one convenient place. You can schedule scans for all of the different applications here, and even perform a Multi-Scan that will perform the functions of every SpeedCAT application you have installed.

The Software may identify and label certain threats to your computer’s or mobile device’s performance and/or security as "severe" or otherwise categorize the potential threats identified in your computer or mobile device. These labels are intended to convey the potential harm of a particular threat but may not accurately reflect your personal requirements for computer or mobile device speed and/or security. The software may even identify potential threats in a brand new computer, operating system or mobile device. You acknowledge that it is your responsibility to further research the potential threats identified by the Software and to independently determine your own level of tolerance for these potential threats. In addition, the Software may occasionally identify for deletion certain items and files that may be critical for your system, hardware, and/or software to run. The Software will provide you with an opportunity to review these items and files prior to deletion. You acknowledge that it is your responsibility to verify the items and files identified for deletion and select only those items and files that you wish to delete. SpeedCAT, LLC is not responsible for any system failure, data loss, or any other loss due to removal of system critical items. If you are unsure whether an item should or should not be deleted, please contact your computer or mobile device manufacturer for more information.

17. SOFTWARE REPLACEMENTS

All Software may be replaced and re-downloaded free of charge from our website within 30 days from the time of purchase (and not from the time of download or otherwise) (the "Replacement Period"). If you purchase our Extended Download Service (EDS), the Replacement Period will be extended to 12 months from the time of purchase. Replacement Software will only be made available for the same product and product version that you originally purchased. Replacements do not include Software upgrades or other versions of the Software. If following the end of the Replacement Period, you desire to replace your Software, you may be required to repurchase the Software at the then current purchase price. With respect to Software for mobile devices, you may have additional download availability on a free-of-charge basis.

18. SYSTEM COMPATIBILITY

The Software is thoroughly tested to be free of errors, however, because we cannot predict every situation and because different customers have different system environments (hardware, software), the Software may not function properly and/or could cause damage to your computer or mobile device system, including, but not limited to, data loss and hardware/software failure. You acknowledge that the Software is downloaded, installed, and used at your own risk. We make no statements that the Software will or will not work with your specific system or to your expectations. If the Software does not perform to your expectations, it is your responsibility to contact us for a cancellation or refund as provided in this Agreement and in the Software Purchase Agreement.

The Software may feature scheduling capabilities that operate to automate certain functionalities of the Software. The functionality of this feature is dependent on several factors, some of which are out of SpeedCAT, LLC’s control. SpeedCAT, LLC does not guarantee that such feature will always properly function and you acknowledge that reliance on such feature is at your own risk.

19. SERVER DOWNTIME

Many of the Software programs require access to our web servers for login verification, uploading or downloading information, program updates, or other tasks necessary to the functionality of the Software. If for any reason our servers are offline due to hardware/software upgrades, unexpected power outages, routine maintenance, and/or system crashes, you may not be able to access the Software. We do not provide any warranty for inability to access the Software during these periods. We are not responsible for any loss of data or productivity or any other loss suffered by you due to server outage.

20. SYSTEM BACKUPS

We recommend that you back up your computer or mobile device system before installing any Software. It is your responsibility to perform routine backups on your system to protect against any loss of data due to installation, usage, or removal of Software from your system or mobile device. SpeedCAT, LLC is not responsible for any loss of data due to installation, usage or removal of Software from your system or mobile device. If you are unsure of how to perform a data backup, you should consult your computer or mobile device manufacturer for more information.

21. OTHER SpeedCAT, LLC SOFTWARE

The Software may include links, shortcuts, and/or recommendations for other SpeedCAT, LLC products that would complement your current purchase. If you decide to activate an account and provide us with your email address, you will be automatically subscribed to receive SpeedCAT, LLC’s periodic newsletters, promotional materials and notices in the form of html emails, which include information on Software updates, discount offers, and new Software releases. If you do not desire to receive these newsletters, materials and notices, you can remove your name from our mailing list by the unsubscribe process detailed at the bottom of each email or by contacting SpeedCAT, LLC via our web site at www.pcspeedCAT.com and requesting to be removed from the list. SpeedCAT, LLC does not sell or trade customer information. In order for the complete order process to take place, SpeedCAT, LLC may share your information with our secure partners. This information is used for the designation of accounts and for a more seamless customer experience. SpeedCAT, LLC or its partners may use your contact information for internal or third party marketing purposes to offer you more SpeedCAT, LLC products or services, third party technical support, and related services, but your information will never be sold to an outside vendor. Information sharing may include but is not limited to: when your click or call is forwarded to a partner company who is an expert at providing Technical Support in your country or when your click or call is forwarded to a partner company who is an expert at providing Order Processing in your country. This information is transferred using secure lines and servers and may include but is not limited to: your name, email address, telephone number, purchase history with SpeedCAT, LLC, or IP address. Likewise, these third party vendors may share similar information with SpeedCAT, LLC for customer experience or marketing purposes.

If you purchase any SpeedCAT, LLC software from a third party vendor information such as (but not limited to) your name, email address, IP address, and purchase information will be sent back from the vendor to SpeedCAT, LLC for order tracking purposes. If you purchase any SpeedCAT, LLC software and later decide to purchase any Technical Support as a result of an offer that was made to you after speaking with a representative of our partner your purchase information and your contact information will also be sent back to SpeedCAT, LLC from these third party partners for order tracking and customer care purposes.

Any customer contact information is kept private in accordance with our Privacy Policy located at http://www.pcspeedcat.com/privacy.html,

22. THIRD PARTY ANALYTICS IN SOFTWARE FOR MOBILE DEVICES

Software for mobile devices may include additional software and/or functionality for to report to SpeedCAT, LLC and/or one or more third parties certain analytical data regarding your use of the applicable Software (collectively, “Analytical Data”). Analytical Data is subject to SpeedCAT, LLC’s Privacy Policy at http://www.pcspeedCAT.com/privacy.html

23. CLASS ACTION WAIVER AND ARBITRATION

THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THIS AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION 22 INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST SpeedCAT, LLC WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS SpeedCAT, LLC IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION 22 SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST SpeedCAT, LLC. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.

You acknowledge and agree that this Class Action Waiver And Arbitration Section and the agreements contained herein are made pursuant to a transaction that involves interstate commerce, and shall be governed by, and be enforceable under, the Federal Arbitration Act (the "FAA") (9 U.S.C. §1 et seq.) as it may be amended from time to time. The circumstances and procedures under which Claims (as defined below) may be resolved by arbitration instead of in court are set forth herein. For the purposes of this Class Action Waiver And Arbitration Section, “we,” “us” and “SpeedCAT, LLC” means SpeedCAT, LLC, including any parent, subsidiaries, affiliates, licensees, predecessors, successors, or assigns, and all of their officers, directors, employees, agents, and assigns.

For the purposes of this Class Action Waiver And Arbitration Section, a "Claim" shall be any claim, dispute or controversy brought by either you or us against the other or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other and arising from or relating in any way to this Agreement, the Software Purchase Agreement, the Terms of Use on the web site of SpeedCAT, LLC ("Terms of Use"), or otherwise related to the SpeedCAT, LLC software or services purchased or obtained by you from us or any partner or retailer. Subject to the provisions of this Class Action Waiver And Arbitration Section, either party hereto may elect to pursue mandatory binding arbitration with respect to any Claim. A party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. This Class Action Waiver And Arbitration Section governs all Claims, whether based in law, common law, tort, contract, status, regulation, ordinance, constitutional provision, or any other legal theory of law, including respondeat superior, or any other legal or equitable ground. In addition, this Class Action Waiver And Arbitration Section governs whether or not such Claims seek as remedies declaratory relief, equitable relief, money damages, penalties or injunctions. For the purposes of this Class Action Waiver And Arbitration Section, the term Claim is to be given the broadest possible meaning, including counterclaims, cross claims, third party claims, interpleaders or otherwise. Any claim, dispute or controversy regarding the applicability of this Class Action Waiver And Arbitration Section or the validity of any or all of this Agreement, the Software Purchase Agreement or the Terms of Use or any prior Software Purchase Agreement, EULA or Terms of Use are also Claims for the purposes of this Class Action Waiver And Arbitration Section.

Notwithstanding anything herein to the contrary, you retain the right to pursue any Claim in a small claims court and proceed on an individual basis for any such Claim that is within the court’s jurisdiction. Arbitration of Claims will be conducted as an individual action. Neither party agrees to any arbitration on a class or representative basis and the arbitrator shall not have authority to proceed with any arbitration on a class or representative basis. Even if a class action lawsuit or other representative action is filed, including in the form of a private attorney general action, any Claim between you and us related to such lawsuits will be subject to an individual arbitration claim if so elected by either you or us. Arbitration proceedings with respect to separate Claims will not be consolidated without the consent of all parties. Only those Claims that are (1) brought by us against you, or your heirs or your trustee in bankruptcy or (2) brought by you, or your heirs or your trustee in bankruptcy against us, may be joined in an individual action under this Class Action Waiver And Arbitration Section.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice") describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”). The Notice to SpeedCAT, LLC should be addressed to: Dispute Resolution Agent, SpeedCAT, LLC, 500 Westover Drive, Suite 9589, Sanford, NC 27330 USA ("Notice Address"). You must notify us of any Claim brought by you within 100 days of the event or events giving rise to such Claim or you will have waived your right to bring such Claim or to participate in any legal action relating to such Claim. If SpeedCAT, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SpeedCAT, LLC may commence an arbitration proceeding. The amount of any settlement offer made by SpeedCAT, LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SpeedCAT, LLC is entitled. After SpeedCAT, LLC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.

The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute ("JAMS"), both of which are independent from us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed or at some other place as agreed by the parties in writing. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:

American Arbitration Association

1633 Broadway, 10th Floor, New York, NY 10019
Web site: www.adr.org
Telephone: 800-778-7879

JAMS

1920 Main Street, Suite 300, Irvine, CA 92614
Web site: www.jamsadr.com
Telephone: 800-352-5267

Claims will be resolved by a single, neutral arbitrator, who will be either a lawyer with at least ten years experience or a retired or former judge. The applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed will govern the arbitration unless those procedures and rules are inconsistent with this Class Action Waiver And Arbitration Section, in which case the procedures and rules of this Class Action Waiver And Arbitration Section will prevail. The procedures and rules of arbitration may limit the amount of discovery available to you or us in the proceeding. Applicable substantive law consistent with the FAA and applicable statutes of limitations will be applied, and the arbitrator will honor claims of privilege recognized at law. At your discretion, you may have a hearing and be represented by counsel. Reasonable steps will be taken by the arbitrator to protect customer information and other confidential information, and the arbitrator may use protective orders to prohibit disclosure outside the arbitration if requested to do so by either party. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, this Agreement, the Software Purchase Agreement and Terms of Use. The arbitrator will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator may award punitive damages or attorneys fees if the law, this Agreement, the Software Purchase Agreement and/or the Terms of Use authorizes such relief. Any award made by the arbitrator will be evidenced in writing by the arbitrator, but the arbitrator is not required to provide a statement of reasons unless requested by a party.

Except as otherwise provided for herein, SpeedCAT, LLC will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the rules of the arbitration administrator.

If, after finding in your favor in any respect on the merits of your Claim, the arbitrator issues you an award that is greater than the value of SpeedCAT, LLC's last written settlement offer made before an arbitrator was selected, then SpeedCAT, LLC will:

  • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
  • pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

If SpeedCAT, LLC did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

Any failure or other delay by either party in enforcing this Class Action Waiver And Arbitration Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

This Class Action Waiver And Arbitration Section shall survive: (i) termination of, or changes in, this Agreement, the Software Purchase Agreement or the Terms of Use and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding initiated by you or on your behalf; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Class Action Waiver And Arbitration Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Notwithstanding any provision in this Agreement of Use to the contrary, we agree that if we makes any future change to this Class Action Waiver And Arbitration Section (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Class Action Waiver And Arbitration Section.

24. GOVERNING LAW AND JURISDICTION

Any and all claims relating to this Agreement, the Software or any services provided by us will be construed in accordance with and will be governed by the laws in force in the Commonwealth of North Carolina, United States of America. Subject to the provisions of the Class Action Waiver And Arbitration Section set forth above, you irrevocably submit to and accept the exclusive jurisdiction of the Courts of the Commonwealth of North Carolina. With respect to Third Party Services (as described in Section 26), you may be subject to other controlling law and other courts and venues.

25. GOVERNMENT EXPORT RESTRICTIONS

It is your responsibility to comply with all laws, regulations, permits, orders and other restrictions to the extent that they are applicable to the procurement and use of the Software, and you shall not, directly or indirectly, export or re-export (as defined in the United States Export Administration Regulations) any portion of the Software or any information about the Software to any country for which the United States Government, or any agency thereof, requires an export license or other governmental approval without first obtaining the same. You further acknowledges that some or all of the Software may require a special export license or permission and that delivery of any such Software shall be subject to obtaining such license.

YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ENTERING YOUR PAYMENT INFORMATION OR OTHER IDENTIFYING INFORMATION AND SUBMITTING AN ORDER FOR THE SOFTWARE THROUGH THE SpeedCAT, LLC WEB SITE, PHONE OR ANY OTHER METHOD PROVIDED BY SpeedCAT, LLC, ANY THIRD PARTY AFFILIATED WEB SITE, RETAIL STORE, OR ANY OTHER SELLER OR VENDOR OF THE SOFTWARE LICENSES OR SERVICES OF SpeedCAT, LLC. IN ADDITION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING ANY SOFTWARE OR SERVICE PROVIDED BY SpeedCAT, LLC. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ENTER ANY PAYMENT INFORMATION OR OTHER IDENTIFYING INFORMATION, SUBMIT AN ORDER FOR THE SOFTWARE, OR DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE OR SERVICES. YOU AGREE THAT BY PURCHASING A SOFTWARE LICENSE OR BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING ANY SOFTWARE OR SERVICE PROVIDED BY SpeedCAT, LLC YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE. YOU ALSO STATE THAT YOU ARE THE OWNER OF CREDIT CARD USED FOR PURCHASE. ANY ATTEMPTS TO USE CREDIT CARDS FOR FRAUDULENT PURPOSES TO SpeedCAT, LLC WILL BE PUNISHABLE BY ALL LAWS AND PENALTIES. SpeedCAT, LLC WILL PROSECUTE ANY FRAUDULENT ACTIVITY TO THE FULLEST EXTENT OF THE LAW. THIS AGREEMENT IS MADE IN CONNECTION WITH THE SpeedCAT, LLC SOFTWARE PURCHASE AGREEMENT AVAILABLE AT HTTP://www.pcspeedCAT.COM/TERMS.HTML AND YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE SOFTWARE PURCHASE AGREEMENT.

27. THIRD PARTY SERVICES

Certain features, functionalities or services of the Software such as data backup and cloud storage (collectively, “Third Party Services”) may be performed or provided solely by third parties. Your receipt and/or use of Third Party Services shall be governed by the terms, licenses, privacy policy and similar agreements related to such Third Party Services (collectively, “Third Party Services Agreements”). The terms of this Agreement and/or SpeedCAT, LLC’s Privacy Policy shall not apply to your receipt or use of any Third Party Service, and SpeedCAT, LLC takes no responsibility for any damage, harm, or loss of data due to your installation, removal or usage of Third Party Services. Before using any Software that includes Third Party Services, SpeedCAT, LLC directs you to first review the applicable Third Party Services Agreements.

You agree to assume all responsibility for successful operation of any Third Party Services. Even if an SpeedCAT, LLC technician assists you in setup, it is your final responsibility to ensure that all applicable Third Party Services are working properly. You agree that if you have any dispute with the provider of any Third Party Service, you will not include SpeedCAT, LLC in that dispute, and you specifically release SpeedCAT, LLC from any such dispute. You will have no claim whatsoever to any income received by SpeedCAT, LLC from the provider of any Third Party Service.

  • Choosing Data to Backup. Some services are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some packages.
  • Size Limit. There is a limit of 5TB for any single external drive including NAS devices and USB drives.
  • Archiving Not Permitted. You must at all times hold an original copy of the data in the original location on the system it was backed up from.