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AGREEMENT
This Agreement describes the terms governing your use of the One Click Roots root software
and any associated services (hereinafter collectively referred to as Software) available for
download onto your compatible Windows computer. This Agreement is between One Click
Root, a Canadian company, the owner of the One Click Root Software and you. This
Agreement is binding, in order to use our Software you must comply with the terms of this
Agreement, our Terms of Service and our Privacy Policy.
LIMITED LICENSE TO USE OUR SOFTWARE
After purchasing and downloading our Software, One Click Root grants you a personal, limited,
nonexclusive, revocable, nontransferable right and license to use our Software. As a user, your
license is limited to your personal use and entertainment only. This means you cannot sell
access to our Software, share your license to use our Software with anyone else, reverse
engineer or otherwise attempt to copy our Software, or try and make money off of our Software
without our express written permission. When you purchase our Software, you are not granted
any ownership right to our Software merely the license described above. If you violate this
Agreement, the Terms of Service or the Privacy Policy we may at our discretion revoke your
license. You agree that we have the final discretion in determining violations by you.
PAYMENT
Your license grant to our Software is subject to your payment for our Software. You must pay
with a valid credit card, this payment information will be collected by our third party payment
processor Fast Spring.
USE WITH YOUR MOBILE DEVICE
In order to download our Software, you will need a Windows compatible computer. Additionally,
to use our Software you will need a compatible Android device. You agree that you are solely
responsible for these requirements, including any applicable charges, updates and fees as well
as the terms of your agreement with your mobile device and telecommunications provider.
ONE CLICK ROOT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND,
EXPRESS, STATUTORY OR IMPLIED AS TO:
DISCLAIMER OF WARRANTIES
OUR SOFTWARE IS OFFERED AS-IS. ONE CLICK ROOT makes no representations that the
SOFTWARE is appropriate or available for use in other locations. Those who access or use the
SOFTWARE from other jurisdictions do so at their own volition and are responsible for
compliance with local law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ONE CLICK ROOT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS,
DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,SUPPLIERS) DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE
SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA
LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR
LINKED TO OUR SOFTWARE. ONE CLICK ROOT AND ITS AFFILIATES AND SUPPLIERS
DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES,
INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED
WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60
DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, WHICHEVER
IS SOONER. ONE CLICK ROOT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY
REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL
SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR
REGULATIONS.
WE ARE NOT LIABLE FOR ANY FAILURE OF OUR SOFTWARE, INCLUDING ANY FAILURES
OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED,
INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENTS ACCESS TO OUR
SITE TEMPORARILY OR PERMANENTLY. THE DELIVERY OF SOFTWARE TO YOU IS
CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS
AGREEMENT. NOTHING IN THE PROVISIONS OF THIS DISCLAMER OF WARRANTIES
SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST
PARAGRAPH OF THIS SECTION.
YOU AGREE TO RELEASE US FROM ANY LIABILITY REGARDING YOUR USE OF OUR
SOFTWARE. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC
STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE,
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE
APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR. YOU HEREBY WAIVE THIS SECTION OF
THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW,
REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE
AFOREMENTIONED RELEASE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ONE CLICK ROOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES WITHIN THE SOFTWARE, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
FORUM OF DISPUTE
In case of any dispute between you and us, you agree that the proper forum to bring such
dispute will be in a court or tribunal nearest to Victoria, BC.
If you bring a dispute in a manner other than in accordance with this section, you agree that we
may move to have it dismissed, and that you will be responsible for our reasonable attorneys
fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our
provision of services to you, the unsuccessful party will be responsible for reimbursing the
successful partys reasonable attorneys fees, costs, and disbursements in relation to the
dispute.
FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible
for, if it is the result of events beyond our control, including, but not limited to, acts of God, war,
invasions, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful
strikes), embargoes, postal disruption, communication disruption, failure or shortage of
infrastructure, shortage of materials, or any other event beyond our control.
SEVERABILITY
In the event that a provision of this Agreement is found to be unlawful, conflicting with another
provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as
though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each others operation,
One Click Root shall have the sole right to elect which provision remains in force.
NON-WAIVER
We reserve all rights permitted to us under this Agreement as well as under the provisions of
any applicable law. Our non-enforcement of any particular provision or provisions of this
Agreement or the any applicable law should not be construed as our waiver of the right to
enforce that same provision under the same or different circumstances at any time in the future.
TERMINATION
We may terminate your access to our Software or website based on your breach of the
conditions of this Agreement, the Terms of Service or Privacy Policy. You agree that we have
the final discretion in determining whether you have breached any of the aforementioned
agreements. If you wish to terminate this Agreement, please stop using our Software
immediately and notify us at support@oneclickroot.com.
ASSIGNMENT
You may not assign your rights and/or obligations under this Agreement to any other party
without our prior written consent. We may assign our rights and/or obligations under this
Agreement to any other party at our discretion.
November 15, 2012