ARO License Terms
These license terms are an agreement between SDC Software, Inc. ("Support.com") and you. Please read them. These terms apply to the ARO software ("ARO"), including the media on which you received it, if any. These terms also apply to any updates, supplements, and customer service for ARO, unless other terms accompany those items. If so, those terms apply.
By selecting "I accept the agreement" or using ARO, you accept these terms. If you do not accept them, do not select "I accept the agreement" and/or do not use ARO.
1. Use Rights. ARO is licensed on a per computer basis. If you comply with this agreement, for each license you acquire, you may install and use one copy of ARO. You may not share a license you acquire nor may you install ARO on more computers for which you have purchased licenses.
(a) Full Retail Version. If you acquire a license for the full retail version of ARO, it will contain full functionality and you will be provided customer service in the English language and updates for the period which you purchased ARO (the "Term"). After the expiration of the Term, you will continue to enjoy the right to use ARO, but you will no longer enjoy the right to customer service or updates for ARO, unless you acquire another full retail license.
(b) Evaluation Or Trial Version. If ARO is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Support.com upon your acquisition of a full retail version of ARO. If ARO is an evaluation or trial version, you agree that Support.com may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.
3. No Performance Warranty. Support.com specifically disclaims any representation or warranty for the amount of performance increase or utility provided by ARO. ARO will not necessarily increase performance or provide a utility benefit on your computer, and Support.com makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for ARO are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall result in any performance increase or utility benefit from ARO.
4. Your Feedback. If you give feedback about ARO to Support.com, you give to Support.com, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Support.com to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
5. Scope of License. ARO is licensed, not sold. ARO is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use ARO. Support.com reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use ARO only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in ARO that only allow you to use it in certain ways. You may not:
- work around the technical limitations in ARO;
- reverse engineer, decompile or disassemble ARO, except and only to the extent that applicable law expressly permits, despite this limitation;
- install on more computers or make more copies of ARO than specified in this agreement or allowed by applicable law, despite this limitation; publish ARO for others to copy;
- distribute ARO to any third party;
- rent, lease or lend ARO; or
- transfer ARO or this agreement to any third party.
6. Customer service. Support.com may provide you with customer service related to ARO. Additional terms may govern customer service. Any supplemental software code provided to you as part of customer service or otherwise will be considered part of ARO and subject to this agreement. Support.com will provide customer service during its normal business hours. Support.com has contracted or may in the future contract with third parties to provide customer service for ARO.
7. U.S. Government Restricted Rights. ARO and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of ARO by the U.S. Government shall be solely in accordance with the terms of this agreement.
8. Export Restrictions. ARO is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to ARO. These laws include restrictions on destinations, end users and end use. You agree not to export ARO to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.
9. DISCLAIMER OF WARRANTIES. ARO IS LICENSED "AS-IS" AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR THE RISK OF USING ARO. SUPPORT.COM GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, SUPPORT.COM EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARO IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND SUPPORT.COM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
10. Limitation on and Exclusion of Damages. Support.com’s liability under this agreement is limited. You can recover from Support.com and its third-party suppliers only direct damages up to the greater of the amount that you paid for ARO OR U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to ARO, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Support.com knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
11. Legal Effect. This agreement describes certain legal rights between you and Support.com. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired ARO. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
12. Applicable Law. California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state and federal courts located in Santa Clara County, California USA.
13. Entire Agreement; Severability. This agreement and any amendments to it, and the terms for supplements, updates, and customer service are the entire agreement for ARO and customer service. This agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.