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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER: YOU CLICK THE 'I ACCEPT THE AGREEMENT' BUTTON, OR YOU COPY, INSTALL, OR USE THIS COPY OF AnyFix SOFTWARE, OR YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS AnyFix SOFTWARE. IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE. 1. SOFTWARE COVERED BY THIS LICENSE. This license agreement ('Agreement') applies only to the version of the AnyFix software package ('AnyFix') with which this Agreement is included by the iMobie Inc ('iMobie'). Different license terms may apply to other software packages or other materials from iMobie, and license terms for later versions of AnyFix may also be changed. 2. COPYRIGHT. This AnyFix SOFTWARE is owned by iMobie and protected by copyright law and international copyright treaties. You may not remove or conceal any proprietary notices, labels or marks from this software. 3. USE LICENSE. (a) Original Distribution Package Necessary. In order to qualify for the use of the license described below, you must have downloaded or received AnyFix in the form of an original AnyFix distribution package which must be distributed by iMobie, and all files must contain such package ('Original Distribution Package'). Current Original Distribution Packages for AnyFix are available from iMobie and iMobie-authorized AnyFix distributors. Copies of AnyFix not received an Original Distribution Package are not licensed for use, copying or transmission by you or others. (b) You may, free of charge: install and use the trial version of AnyFix free of charge, for the purpose of scanning files and data on any iOS devices. use this software during an evaluation period (7 days). After that, if you wish to continue to use AnyFix, you MUST register. copy, store, distribute and transmit identical copies of this AnyFix Original Distribution Package to others free of charge, as long as it is it is deemed to be authorized by iMobie. 'Proper use' of AnyFix means use the AnyFix program fully in accordance with iMobie guidelines, as such guidelines may be changed, clarified or corrected by iMobie from time to time. If you have any questions about how to use this AnyFix program properly, you may contact iMobie via the contact information included in this Original Distribution Package. (c) You may, after register AnyFix: get license code to activate full functional AnyFix. use this software with full functional features. get 24/7/365 priority customer support via email. (d) You may not: permit others to use this AnyFix program unless they are properly licensed by iMobie, either under this agreement or another agreement from iMobie. modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on this AnyFix software. sell or license copies of AnyFix to others. remove any proprietary notices or labels on AnyFix or any other iMobie software. use AnyFix for High Risk Activities (defined below) (e) All rights not expressly granted by iMobie in this Agreement are entirely and exclusively reserved to iMobie. 4. SUPPORT. AnyFix contains online help guidelines. And the email support is available for both unlicensed and licensed copies. iMobie is not obligated by this Agreement to provide License with any technical support service or an additional charge or get free e-mail support as iMobie may offer from time to time during the term of this Agreement. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage. 5. DISCLAIMER OF WARRANTY. iMobie DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST AnyFix BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING AnyFix, AND THAT IF YOU USE AnyFix IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY POSSIBlY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITY AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF AnyFix IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL iMobie, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY DATA LOSS ARISING FROM ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, IMPROPER OPERATIONS OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A PRESENTATIVE OF iMobie OR ONE OF iMobie’s AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you. 8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. 9. TITLE. iMobie owns the AnyFix software, all materials in this AnyFix Original Distribution Package, and the “iMobie” and “AnyFix” trademarks, which is based on the copyright and trademark laws and all other related laws. 10. TERMINATION. If you breach this Agreement, your right to use AnyFix will terminate immediately and without notice, but all provisions of this Agreement will survive termination and continue in effect.. Upon termination, you must destroy all copies of the AnyFix software and all other materials in this AnyFix Original Distribution Package, and, at iMobie's sole discretion, all of the files created when using AnyFix. 11. HIGH RISK ACTIVITIES. AnyFix is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments that requires fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the illegal use of AnyFix may directly lead to death, personal injury, or severe physical or environmental damage ('High Risk Activities'). iMobie and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 12. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and iMobie. Waiver by iMobie of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to AnyFix or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regarding to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings relating to iMobie or the matters in this Agreement shall be exclusively located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. And there are no third party beneficiaries of any promises, obligations or representations made by iMobie herein. Ratio: Back Top
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