This End-User License Agreement (hereinafter Agreement) is a legal agreement between the end user, which can be either a legal entity or a private person, and Kromtech Alliance Corp. (hereinafter Kromtech), for the use of the Adware Buster Software.
The Adware Buster Software (the computer program that is produced by Kromtech under this Agreement, hereinafter - Adware Buster) is licensed, not sold, to you by Kromtech, and all rights that are not explicitly granted to you within this Agreement are reserved by Kromtech. Kromtech shall not share the source code of Adware Buster under any circumstances.
Downloading, installing, copying, or otherwise using Adware Buster means that you accept the terms of this Agreement. If you do not accept the terms of this Agreement, you must not use Adware Buster. If you purchased Adware Buster and do not accept the terms of this Agreement, you may ask for a refund of the purchase price provided that you have not used the Adware Buster Software. If you have obtained your copy of Adware Buster NOT at Adware Buster.com website, you must immediately return the copy with proof of payment to the place where it was purchased.
The parties agree that, for the purposes of this Agreement, the following terms shall have the meanings described below:
“Activation Code” means collectively the specific code and authorization for each copy of Adware Buster that is issued by Kromtech to Customer.
“Affiliates” or “Affiliate” means an entity, institution, or organization that controls, is controlled by, or is under common control with another entity, institution, or organization, with at least majority ownership.
“Computer” means any device (and in case of devices that allow simultaneous use by multiple individuals, each individual user account on any such device) that is capable of using Adware Buster, regardless of where Adware Buster is installed.
“Personal information” means any identifiable information about an individual that is recorded in any form including, without limitation:
information that is related to gender, name, marital status, age, etc.,
information that is related to the education or the medical, criminal, or employment history of the individual or information that is related to financial transactions in which the individual has been involved,
any identifying number, email address, physical address, telephone number, location information, symbol, or other particular number assigned to the individual.
“Software” means Adware Buster, the deliverables that are provided pursuant to this EULA.
“User” means a person or entity that has downloaded Adware Buster.
“Updates” means a revision to Adware Buster or patch that improves the functionality of Adware Buster, and may contain new features or enhancements.
1. LICENSE TERMS
You can obtain either a Demo License or a Commercial License from Kromtech. If you have NOT purchased or otherwise rightfully obtained a Commercial License for Adware Buster, you should use Adware Buster under the Demo License Terms. If you have purchased or otherwise rightfully obtained a Commercial License for Adware Buster, you should use Adware Buster under the Commercial License Terms. Violation of any part of the Agreement shall lead to termination of the license.
There are two states (versions) of the Adware Buster software program: Not Activated and Activated.
The Not Activated version corresponds to the Demo License Terms. The Not Activated version can find adware files, unwanted apps and browser extensions, but will not be able to remove adware files and unwanted apps. There is no time limit for usage of the Not Activated version.
The Activated version corresponds to the Commercial License Terms. The Activated version can remove adware files from your computer, delete unwanted apps, run adware cleaner automatically in the background mode, and update the signature base. A Commercial License is given for.
1.1. DEMO LICENSE TERMS
Kromtech grants you a Demo License to use Adware Buster for unlimited evaluation purposes according to the following terms and conditions: you shall NOT lend, lease, rent, assign, or sublicense Adware Buster to any other individual or entity. Any attempt to do so shall lead to termination of the license. If you wish to use the full functionality of Adware Buster, you should purchase a Commercial License.
1.2. COMMERCIAL LICENSE TERMS
Kromtech grants you a Commercial License to use Adware Buster for unlimited evaluation purposes according to the following terms and conditions: you shall NOT lend, lease, rent, assign, or sublicense Adware Buster to any other individual or entity. Any attempt to do so shall lead to termination of the license. Commercial License gives you the right to use the full functionality of Adware Buster.
1.2.1. COMMERCIAL LICENSE TERMS: ONLINE ACTIVATION
Adware Buster requires online activation to use it under the terms of this Agreement. You should provide personal information during online activation. Active Internet connection is required to activate the Adware Buster copy. Your Adware Buster license depends on the computer(s) on which you activated it. If you change your computer or its hardware configuration, you may need to reactivate Adware Buster.
Under the terms of this Agreement, you have the right to activate and use Adware Buster on either a single computer that is used by several people or several computers that are used by a single individual. Several users cannot use one Adware Buster copy on several computers.
1.2.2. COMMERCIAL LICENSE TERMS: LICENSE TRANSFER
You reserve the right to transfer the activated Adware Buster copy either to another computer or only once and permanently to another individual or legal entity. If you transfer Adware Buster to another individual or legal entity, you have NO rights to retain a copy of Adware Buster or any part thereof yourself, and the receiving party should study and accept the terms of this Agreement.
1.2.3. COMMERCIAL LICENSE TERMS: PERSONAL INFORMATION
You should ensure the accuracy and correctness of personal information that you provide to Kromtech during online activation. It is recommended that you inform Kromtech about any changes of your personal information.
Kromtech may use your personal information to validate your personal license rights, to prove the purchase of the license from the resellers, and to send you information that is related to Adware Buster. Kromtech may share this information with its licensors. Kromtech shall not disclose your personal information to any third parties.
Adware Buster uses the tool that collects statistics of the software usage with the intention to improve the program and make it more user-friendly. The collected information is completely anonymous and is not shared with any third parties.
1.2.4. COMMERCIAL LICENSE TERMS: ADDITIONAL ACTIVATIONS
You have no permission to activate and simultaneously use Adware Buster on more computers than the number of computers for which you have obtained the Commercial License(s).
If Kromtech considers the amount of licenses to be excessive, it may suspend further activations that were performed under the said license(s) and inform you about this decision in writing/by email, on the telephone, or from within the software.
1.2.5. COMMERCIAL LICENSE TERMS: ACTIVATION CODE
You may need an activation code to activate Adware Buster under the terms of the Commercial License. In this case Kromtech will issue this activation code to you personally. You agree that you will not disclose the issued activation code to third parties, unless you have a written permission from Kromtech.
2. GENERAL TERMS
Terms of this Agreement can be accepted only by persons starting from the age of 13. By accepting the terms of this Agreement you confirm that you are at least 13 years old, you are of legal age to accept the terms of this Agreement, or you have the permission from your parents to do so, and that all registration information submitted by you is correct.
These General Terms apply both to the Demo License and to the Commercial License.
3. COPYRIGHT AND RESTRICTIONS
You agree not to adapt, decompile, disassemble, reverse engineer, translate, or otherwise modify the functionality of Adware Buster except for cases that are allowed in this Agreement.
Copyright and other intellectual, industrial, and/or proprietary rights to Adware Buster and to any copies belong to Kromtech or its licensors. You agree not to remove any label indicating that Kromtech owns the copyright and other intellectual, industrial, or proprietary rights to Adware Buster.
You can use Adware Buster only under the terms of this Agreement. All rights that are not specifically granted by Kromtech are reserved by Kromtech.
4. MODIFICATION RIGHTS
You agree not to modify or replace libraries and resources that are part of Adware Buster.
5. DISCLAIMER OF WARRANTIES
You explicitly agree that you download, install, copy, and use Adware Buster at your own risk. Kromtech provides no warranty that the functionality of Adware Buster will meet your requirements. Furthermore, Kromtech does not warrant that any computer hardware or software will not be damaged by the software or any data that you download by using the software. If Adware Buster proves defective, you (and not Kromtech or a Kromtech authorized representative) assume the entire cost of all required repairs or corrections. Kromtech strongly recommends that you check the software for viruses before installing and using it.
6. LIMITATION OF LIABILITY
You explicitly agree that to the fullest extent that is permissible by law that neither Kromtech nor any of its affiliates, its or their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors shall be liable for any loss or damage of any kind, direct or indirect, including, but not limited to compensatory, consequential, incidental, direct, indirect, special, exemplary, or punitive damages, in connection with or arising from the use of Adware Buster or otherwise in connection with this Agreement. In all cases, Kromtech’s entire liability under any provision of this Agreement shall be limited to the amount that is actually paid for the software.
7. LIMITATION OF SUPPORT
Kromtech provides you with support related to your use of Adware Buster. The support can be obtained via email; holders of the Ultimate License can also get support by the telephone. The support is limited only by topics that are related to basic usage of Adware Buster. Kromtech shall not give you general advice on technologies that are related to Adware Buster. Kromtech reserves the right to stop the support that is related to earlier versions of Adware Buster if a new release of Adware Buster becomes available.
You agree to defend Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this Agreement, infringement, misappropriation, or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of Adware Buster. Kromtech reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Kromtech upon its request.
9. TECHNICAL AND RELATED INFORMATION
Kromtech may gather and use technical and related information regarding your computer and operating system. Kromtech can use this information in any form that does not personally identify you or your computer. Neither Kromtech nor its subsidiaries shall be able to access the contents of files and folders that you use from within Adware Buster.
This Agreement is effective until it is terminated. Kromtech may immediately terminate this Agreement if you do not comply with its terms and conditions. In this case you must stop using Adware Buster and remove all copies of Adware Buster from your computer.
11. REFUND POLICY
Kromtech values any feedback from the customers and does everything to fix all possible issues. However, if you are still not satisfied with Kromtech products and services, you can request a refund under the terms of Kromtech's refund policy.
You have the right to ask for a refund only in case of problems that are related directly to Adware Buster. The term for sending a request for refund is 3 months from the moment of Adware Buster installation. Refunds are not given in case of general computer problems that are not related to Adware Buster.
Before you ask for a refund, you must inform Kromtech's customer support department about any issues that are related to Adware Buster. You should describe your problem in detail and provide screenshots of error messages and other malfunctions. If Kromtech's customer support representatives confirm that the software problem cannot be fixed, your refund request will be approved. You can get more details by contacting our customer support.
Kromtech is not responsible for any independent actions that are taken by the customer or help from any third parties. If the customer did not follow the instructions, set up wrong preferences, or refused to use the customer support service, Kromtech has the right to decline the refund request.
The customer can have issues with Internet connection or computer that are not related to Adware Buster. Therefore, failing to download the software does not imply a refund. If the customer has problems when downloading the software, they must contact Kromtech's customer support department.
If a double charge occurs due to circumstances beyond the customer’s control, and this fact is confirmed, the company is obliged to approve the refund request.
After the refund is issued, the customer is obliged to uninstall the Adware Buster software, because further usage of it becomes illegal.
Customers receive refunds within 3 weeks after the decision on refund is made. This time is needed by the bank to process the payment. All processing fees are non-refundable.
The customer has no right to request a refund for additional customer support service orders that were fully used but the quality was claimed as unsatisfactory, were partly used, or were not used at all.
12. FORCE MAJEURE
Kromtech shall not bear any obligations under this Agreement if it fails to perform the obligation because of any event beyond Kromtech’s control. Such events include significant failure of power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events precautions for which are not generally taken in the industry.
This Agreement supersedes all prior oral or written communications and representation that are related to Adware Buster or any other subject matter that is covered by this Agreement. If any of the provisions of this Agreement is held to be void, unenforceable, or illegal, other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
Each of the parties shall act as an independent contractor under this Agreement and neither is now, nor in the future, an agent or legal representative of the other for any purpose. This Agreement shall not be construed to place the parties in the relationship of partners or joint venturers. Neither party has any right or authority to bind the other in any way.
No failure by either party to object to any breach of any provision of this Agreement shall constitute a waiver of such provision, a waiver of any other breach, or a waiver of any other provision of this Agreement.
The rights and duties or obligations that are granted or created under this EULA may not be assigned, transferred, or delegated by Licensee without the prior written approval of Kromtech Alliance Corp.
At the time of purchase, the software may not include all (or may include different) functionality than advertised. Kromtech has the right to change the functionality of Adware Buster without notice after it is purchased and installed. All users must accept all changes that are made to Adware Buster and the fact that they may be unable to use some features if Kromtech decides to remove them.
All minor updates of Adware Buster are provided to the users free of charge. Major updates may occur every 1-2 years. Versions that include these updates are considered as separate programs under new licenses and are charged accordingly.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of Great Britain (English Law), without regard to conflict-of-laws provisions. Any disputes arising out of this Agreement shall be subject to the exclusive venue of the London Court of International Arbitration, London, GB, and the parties hereby consent to the venue and jurisdiction of such court. The parties hereto waive trial by jury with respect to any matters that arise under or are related to this Agreement. Kromtech, at its sole discretion, reserves the right to amend the specific terms of the Agreement regarding Adware Buster by updating the End User License Agreement at http://getadwarebuster.com/eula. If you do not accept the amended terms, you must stop using Adware Buster and any other related materials. Your continued use of Adware Buster after the notice shall be deemed to be bound by such amendment.
16. THIRD-PARTY BENEFICIARY
For all purposes of this Agreement, each third-party licensor of Adware Buster shall be explicitly deemed an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms and conditions of this Agreement.
17. QUESTIONS OR COMMENTS
Please contact us at firstname.lastname@example.org in case you have any questions, concerns, or suggestions regarding this Agreement.