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If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any Update provided to Licensee is made on a License-exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, PC Helpsoft may cease support for prior versions, without any notice to Licensee.
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Payment of Arbitration Fees and Costs. PC Helpsoft will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
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Licensee acknowledges that the Pre-release Software does not represent the final product from PC Helpsoft, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, PC Helpsoft disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
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The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
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THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. IN ANY CASE, THE AGGREGATE LIABILITY OF PC HELPSOFT, AND PC HELPSOFT’S SUPPLIERS, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, OR 5 EUROS.
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PC Cleaner (https://yacsssdm.ru/content/uploads/files/download/smart-pc-cleaner-with-license-key.zip) is designed to optimize and clean your system. PC Cleaner allows very fast search and removal of unwanted and unused files, freeing space on your hard disk which enables Windows to run faster.
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No failure or delay by PC Helpsoft in exercising its rights or remedies shall operate as a waiver unless made by PC Helpsoft’s specific written notice. No single or partial exercise of any right or remedy of PC Helpsoft shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
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Licensee acknowledges that PC Helpsoft has not promised or guaranteed to Licensee that the Pre-release Software will be announced or made available to anyone in the future, and that PC Helpsoft has no express or implied obligation to Licensee to announce or introduce the Pre-release Software. PC Helpsoft may decide not to introduce a product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee acknowledges that any research or development that Licensee performs regarding the Pre-release Software, or any product associated with the Pre-release Software, is done entirely at Licensee’s own risk.
This provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and PC Helpsoft. Arbitration is a form of private dispute resolution in which persons with (https://yacsssdm.ru/hack/?patch=1555) a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your Disputes in a court, either before a judge or jury.
This EULA is subject to, and will be governed by and construed in accordance with (her response) the substantive laws of Canada, to the extent permitted by applicable consumer law. This EULA will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.