DO READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE REGISTERING AND USING THE REMOTEPC LITE SERVICE:
You have selected to register for use of the RemotePC Lite
service (the "Service"). The Service is provided to
you under the terms and conditions set forth in these Terms and
Conditions of Use ("Agreement").
1. Description of Services
Subject to Pro Softnet's acceptance of Your
registration and Your compliance with the terms and conditions
of this Agreement, Pro Softnet will provide You with the following
service (the "Basic
Service") : (a) Pro Softnet will allow the registered users
to download the RemotePC Lite Host and establish connection to
the Host via an iPad using the RemotePC Lite Service over the
Local network / Wi-Fi. (b) In Your use of the Service, you
are responsible for providing the following: (i) all equipment,
such as a computer and iPad, necessary to access the World Wide
Web; (ii) Your own access to the World Wide Web; and (iii) payment
of all telephone or other fees associated with such access.
2. Conditions of Use
Your use of the Service is subject to all applicable local,
state, national and international laws and regulations. You will:
(a) not use the Service for any illegal purposes; (b) comply
with all regulations, policies and procedures of networks through
which You access and use the Service; and (c) not access or attempt
to access any Service account for which You have no access authorization.
3. Account and Password
After You accept this Agreement and Your registration has been
accepted by Pro Softnet, You will receive a confirmation by email
that your Account has been established. You are solely responsible
for any consequences arising out of Your failure to maintain
the confidentiality of Your Password. You will notify Pro Softnet
of any unauthorized use or other breach in security of Your Account
immediately after You learn of the same.
4. Disclaimer of Warranties
The transmission and viewing of data and files through your
Local network / Wi-Fi is subject to a variety of conditions that
make such transmission and viewing potentially unreliable. ACCORDINGLY,
YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK.
YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Pro Softnet, ON
BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS,
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).
YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. Pro Softnet
MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR
THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT
OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE
OR SECURE; (C) THAT THE DATA ON YOUR DESKTOP/MAC WILL NOT BE
LOST OR DAMAGED; OR (D) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH
MATERIAL OR DATA.
5. Limitations of Liability
IN NO EVENT SHALL Pro Softnet OR ITS ADVERTISERS OR SUPPLIERS
HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT
OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS
INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE
OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS
OF DATA OR FILES STORED THEREIN.
6. Indemnification
You will defend, indemnify and hold Pro Softnet, its parents,
subsidiaries, affiliates, agents, officers, directors and employees,
harmless from any claim or demand, including reasonable attorneys'
fees and costs, made by any third party due to or arising out
of Your use of Your Account and the Service and any violation
of this Agreement by You.
7. Termination
Either you or Pro Softnet may terminate this Agreement with
or without cause at any time by giving notice of such termination
to the other in the manner described in paragraph below. Further,
if Pro Softnet believes that You have violated Your obligations
under this Agreement, Pro Softnet may, at its option and in addition
to its other remedies, immediately and without notice, suspend
Your Account and/or terminate this Agreement. Pro Softnet will
not be liable to You or any third party for any suspension or
termination of Your Account or the Service. Should You object
to any terms and conditions of this Agreement or any subsequent
modifications thereto or become dissatisfied with the Service
in any way, Your only recourse is to immediately: (a) discontinue
use of the Service; (b) terminate this Agreement; and (c) notify
Pro Softnet of such termination. Upon any termination of this
Agreement, You will cease use of the Service.
8. Notices
Any notice under this Agreement given by Pro Softnet to You
will be deemed to be properly given if sent by email to Your
email address as set forth in the Registration Information, or
by a startup screen that starts before Your next use of the Service
or by written communication mailed by first class U.S. mail to
Your address on record in the Registration Information or by
a display about the changed information in the agreement on the
index page if the change is generic. It is important that you
maintain a correct working email id and update it if necessary
to be able to receive Pro Softnet's communication. Any notice
under this Agreement given by You to Pro Softnet will be deemed
to be properly given if received by email sent to Pro Softnet's
Customer Service at support@remotepc.com.
9. Severablity
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 under applicable law 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 and (b) such invalidity or unenforceability will
not affect any other provision of this Agreement.
10. Modifications to this Agreement
The terms and conditions of this Agreement
may be changed by Pro Softnet from time to time. Upon any such
change, Pro Softnet will notify You of such change in accordance
with paragraph 8 above and post an updated version of this Agreement
on the Pro Softnet's RemotePC / RemotePC Lite website located
at http://www.remotepc.com.
Your use of any Services after such notification will constitute
Your acceptance of such changed terms and conditions.
11. Miscellaneous
Your right to use the Service is personal to You, and You will
not assign any of Your rights, obligations or interest in this
Agreement or Your Account. Without limiting the foregoing, this
Agreement is binding upon and inures to the benefit of the parties
and their respective successors and assigns. Pro Softnet's failure
to insist upon or enforce strict performance of any provision
or right of this Agreement will not be construed as a waiver
of any provision or right. This Agreement will be governed by
the laws of the State of California, without regard to its conflict
of laws rules. The provisions of the U.N. Convention on Contracts
for the International Sale of Goods and any successor treaties
will not apply. You consent to the venue and exclusive jurisdiction
of the state and federal courts located in Los Angeles County,
California, U.S.A., with regard to any claim arising under or
otherwise occurring by reason of this Agreement or Your use of
the Service or Your Account. You will commence any claim or cause
of action arising under or otherwise occurring by reason of this
Agreement within one (1) year after the claim or cause of action
arises or such claim or cause of action is forever barred. This
Agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof and supersedes any and all
prior and contemporaneous understandings and agreements.
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