MORE POWERFUL CLEANER LICENSE AGREEMENT
Welcome to More Powerful Cleaner (“MPC”)! Your use of MPC (“Service” or “Our Service”) is subject to these Terms.
MPC is the lightest and fastest and safest PC optimizer with a simple and cool interface. MPC helps users to speed up their computers by removing junk files, invalid registries, using traces, malicious plug-ins, startups, and to protect their internet security by blocking malicious websites.
Your use of MPC is subject to the terms and conditions of this License Agreement (“Terms”). Please read these Terms carefully.
You must comply with these Terms in your use of MPC and only use MPC as permitted by applicable laws and regulations, wherever you may be when you use it. You must review these Terms to understand how you can and cannot use MPC. If you do not agree to these Terms, you must not download or install or otherwise use our MPC.
By downloading, installing and using MPC, you are agreeing to be bound by these Terms between you and DotCash Limited, a Hongkong company located at Room 3206, The Centrium， 60 Wyndham Street，Central, Hong Kong (“We”, “Our” and “Us”).
If you are under the age of 13, you must not use our services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Our Service.
3.CHANGES TO TERMS AND OUR SERVICES
We may make changes to these Terms over time, so please come back and review them.
In addition, as Our Service and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable law) add, change or remove features from Our Service (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
By continuing to use Our Service after we make any changes to these Terms or Our Service, you are agreeing to be bound by these revised Terms.
4.DECLARATION ON INTELLECTUAL PROPERTY
MPC is developed by us. All intellectual property rights of MPC, as well as all other information, including but not limited to literal expression and combinations, icons, illustrations, charts, colors, interface design, layout framework, data, printed materials and electronic documents, are the exclusive property of us, and are subject to protections in accordance with the domestic and international laws and regulations, the International Copyright Treaty and other applicable laws and regulations. Except as otherwise expressly provided herein, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide to us by any means regarding Our Service are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You agree not to conduct any acts that could in any way impair and/or damage our rights in connection with the intellectual property mentioned herein. We reserves the right to seek accountability for such unauthorized acts, and you shall be liable for any and all damages, losses, costs and expenses we incur in connection with your violation of these Terms.
5.SCOPE OF LICENSE
Although we continue to own MPC, after your acceptance of these Terms you will have certain rights to use MPC during the entire time period when MPC is installed on your computer. All rights not expressly granted to you are retained by us. These Terms govern any releases, revisions, updates or enhancements to MPC that we may make available to you. You may install, use, display and run MPC in a personal computer (“Device”) solely for non-commercial purposes and in accordance with these Terms. Installation, use, display or operation of MPC for commercial purposes is forbidden.
You shall have the right to receive new features to and versions of MPC as we, in our sole discretion, make such features and versions available. In order to optimize MPC, and to provide you with the most current version of MPC, you agree MPC can automatically download and install new updates and versions of the MPC as they are made available by us in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to your Device. Additionally, we may modify these Terms to reflect such updates and versions and you agree to such updated terms.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from MPC, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from MPC, you will first contact us to request the information you need.
6.WARRANTY AND DISCLAIMER
We warrant to you that we will provide our services using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
7.LIABILITY FOR OUR SERVICES AND MPC
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS AND OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO USD100.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMS AND OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
● any liability for death or personal injury;
● any liability for gross negligence or willful misconduct; or
● any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU WILL INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS OR ANY TERMS PROVIDED HEREIN.
These Terms will apply to your use of MPC and Our Service until access to the relevant services is terminated by either you or us.
We may suspend or terminate your access to any or all of Our Service: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Our Service creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Our Service for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.
These Terms are the entire agreement between you and us in relation to Our Service. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, by operation of law or otherwise without our consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.
11.GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of Hong Kong without referring to its conflict rules .
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
12.LANGUAGE OF THE TERMS
The language of these Terms is English. Where we have provided a translation of the English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with us. If there is any contradiction between what the English language version of these Terms say and what a translation says, then the English language version will take precedence.
3.The Type of Information We Collect and How We Use It
You agree that "Personally Identifiable Information" refers to information (i) that identifies or is used to identify, contact, or locate the person to whom such information pertains or (ii) from which identification or contact information of an individual person is derived. Personally identifiable information includes, but is not limited to: name, ID card number, phone number, IP address and email address of the user; "Pseudonymous Information" refers to information that may correspond to a person, account or profile but is not sufficient, either on its own, or through combination with other easily accessible public information, to identify, contact or locate the person to whom such information pertains. Examples include but are not limited to a user’s IP address, machine ID, and the web pages a user views.
For the operation and improvement of MPC and Our Service, We may collect and use the Pseudonymous Information as well as information not qualified for either Personal Identifiable Information or Pseudonymous Information of you as listed below, or provide such information to third parties, in order to provide better user experience and improve the quality of our services:
a.Information on potential security risks as well as URLs and the Internet Protocol (IP) addresses of websites visited that MPC deems potentially fraudulent. This information is collected by us for the purpose of delivering the functionalities of MPC, and also for evaluating and improving the ability of Our Service to detect malicious behavior, potentially fraudulent websites and other Internet security risks.
b.Executable files and files that contain executable content installed on your Device that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to us using the automatic submission function embedded in MPC. Such automatic submission function may be deactivated after you uncheck the “anonymous upload” function under the “setting” section. Files of this type are being collected by us only for the purpose of improving the ability of Our Service to detect malicious behavior.
c.Information regarding installation and operation of MPC. This information indicates to us whether installation of MPC was successfully completed as well as whether MPC has encountered an error. Such information is collected by us for the purpose of evaluating and improving our product performance and installation success rate.
d.Information contained in messages that you send through MPC to us when you encounters a problem during the operation of MPC. The information is collected by us for the purpose of correcting the encountered problem and improving the stability of Our Service.
e.The Machine ID of the Device on which MPC is installed. Such Information is collected by us to enable MPC to function well and for license administration purposes.
f.Other general, statistical information used for product analysis, and for improving product functionality.
Unless it is expressly defined as optional, the collected information as set out above is necessary for the purpose of the functionality of MPC.
4.Sharing of Your Information
You consent to the third party use, sharing and transfer of your Information (both inside and outside of your jurisdiction) as described in this section.
5.Security of Your Information
We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your Information is used and stored may not be in your jurisdiction.
We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorized access or disclosure of Information.
Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access Our Service may be subject to security breaches and failures which are due to circumstances beyond our reasonable control.
6.Period of Use of Your Information
Subject to applicable laws and regulations, we will only use your Information for so long as is necessary to fulfill the purposes as set out under the “The Kind of Information We Collect and How We Use It” section above.