Please see the Auslogics software end user license agreement (EULA) below
Auslogics software end user license agreement
(effective for all software products published by Auslogics Labs Pty Ltd, including, but not limited to, BoostSpeed, Driver Updater, File Recovery, Disk Defrag Pro, BitReplica, Disk Defrag Free, Disk Defrag Ultimate, Registry Cleaner, Registry Defrag, Duplicate File Finder, Windows Slimmer, Anti-Malware, Video Grabber)
Please read this software license agreement carefully. Permission to use this software is conditional on you agreeing to the terms of this license. If you use this software you are agreeing to the terms of this license.
Background to the license:
A A reference in this License to the "Software" means the software product
identified above and a reference to the "Documentation" includes any documentation provided by Auslogics
to use the software.
B You wish to use the Software.
C Auslogics Labs Pty Ltd ("Auslogics") grants you a non-transferable
non-exclusive license to use the Software on the terms and conditions of this License.
Provisions of the license:
1.1 In consideration of the payment by you of the applicable fee indicated on Auslogics’ web site
(unless the software is free of charge which will also be indicated) in respect of the Software
(the "Fee") Auslogics grants to you a non-exclusive and non-transferable license to:
Auslogics reserves all rights not expressly granted to you in this License.
(a) install and use the Software and Documentation for your own personal or internal business
purposes subject to the terms of this License;
(b) make one copy of the Software and Documentation for backup and disaster recovery purposes
(c) use the Software and Documentation strictly in accordance with the provisions of this License
and any documentation provided by Auslogics for that purpose.
1.2 The Software licensed to you may either be used by a single person personally
on one or more computers. Only you can use this copy of the software. In order for someone else to use a copy
of this software they must obtain their own individual and separate license.
1.3 You undertake
(a) to supervise and control the use of the Software in accordance with
the terms of this License;
(b) to ensure that (if applicable) your employees, sub-contractors and
other agents who have authorized access to the Software are made aware of the terms of, and comply
with, this License;
(c) to not provide or otherwise make available the Software in any form
to any person other than as permitted in this License; and
(d) to ensure that any permitted copy of the Software and Documentation
bears notice of Auslogics’ ownership of copyright.
1.4 The application supports silent installation,
i.e. the application can be installed without displaying the installation
windows and without showing prompts. Administrators often prefer to
deploy applications within a corporation without requiring user interaction.
This option is provided as a convenience feature for use in corporate environments.
1.5 Software orders are processed by Auslogics' online reseller Paddle.com. Paddle.com is the Merchant of Record for all Auslogics orders. Paddle provides order-related customer service and handles returns.
1.6 In certain products, Auslogics uses technologies, such as antivirus engine libraries, kernel drivers, and virus definitions provided by Avira Operations GmbH & Co. KG, Kaplaneiweg 1, Tettnang, Baden-Wuerttemberg, 88069, DE, which are legally licensed to Auslogics for the purpose of detecting and removing malicious objects.
2. LICENSE FEES
2.1 The License and Fee (if any) are exclusive of taxes, duties and charges
imposed or levied in Australia in connection with the supply and installation of the Software. Without
limiting the foregoing, you shall be liable for any subsequent taxes, duties or charges in respect of the
2.2 When you purchase the Software, you are purchasing a subscription for a fixed term. An online option to cancel subscription is provided with your license key.
At the end of each subscription term, you will receive an email notification of upcoming renewal to your last email on record.
You will be able to cancel subscription renewal by clicking a link in your original order confirmation email or by emailing Auslogics Customer Support.
Unless you cancel, Auslogics will automatically renew the subscription at the end of each subscription term for another term by directly charging your account the then current renewal price.
Subscription renewal charges are subject to the same refund guarantee as new license purchases.
3. GOODS AND SERVICES TAX
3.1 All amounts payable or other consideration provided in respect of supplies
made in relation to this License are exclusive of GST (if any). Where a supply is a taxable supply, all
amounts payable or other consideration provided must be increased by the amount of GST payable in relation
to the supply.
3.2 All GST must be paid at the time any payment to which it relates is payable
(provided a tax invoice has been issued for the supply). Where any GST payable is not referable to an
actual payment, then it must be paid within ten (10) days of a tax invoice being issued by the party making
4.1 You must not modify or alter the Software or merge all or any part of the
Software with any other software without Auslogics’ written permission. If the Software is modified or altered:
(a) the costs associated with the modifications or alterations will be
borne solely by you; and
(b) you will fully indemnify Auslogics against all liability, cost and
expenses (including legal costs) which may be incurred by Auslogics if such modifications or
alterations infringe any intellectual property rights of a third person or otherwise cause Auslogics
to suffer loss, damages or expense.
4.2 The Software as modified or altered remains the property of Auslogics in
all respects, whether modified by you, Auslogics or a third party and whether or not authorized pursuant to
this License. You must assign to Auslogics all intellectual property rights arising out of any modifications
to the Software.
4.3 This License applies to the Software as modified or altered.
4.4 Other than as required by law. you may not reverse engineer, reverse
assemble or reverse compile or directly or indirectly allow or cause a third party to reverse engineer,
reverse assemble or reverse compile the whole or any party of the Software.
5.1 You are responsible for the use, supervision, management and control of the
Software and Documentation.
5.2 You must use reasonable endeavours to ensure that the Software is protected
at all times from misuse, damage, destruction or any form of unauthorized use.
5.3 You must keep accurate records of use, copying, modification and disclosure
of the Software.
6. UPDATES AND NEW RELEASES
6.1 Auslogics may in its sole discretion notify you from time to time of any
update or new release of the Software which provides functions equal to or better than the Software.
6.2 Where an update or new release is provided by Auslogics:
(a) you must immediately install the update or new release and Auslogics
is not liable for, and will (notwithstanding any other provision of this License) not accept any
liability for any previous version or release; and
(b) you may be required to enter into a new license for the new update
or release and this License (and any previous license for the Software) will be terminated immediately
upon your acceptance of those terms. In the event that no new license is supplied, this License
will continue to apply in all respects to the update or new release which shall be deemed to be the
Software for the purpose of this License.
7.1 Auslogics warrants that:
(a) it has authority to grant the rights granted in this License; and
(b) the Software will operate in conformity with the Documentation in
all material respects.
7.2 AUSLOGICS WILL NOT BE LIABLE UNDER THIS CLAUSE TO THE EXTENT THAT A DEFECT
IS CAUSED BY YOUR USE OF THE SOFTWARE OTHER THAN IN ACCORDANCE WITH THIS LICENSE, INCLUDING THE FAILURE BY
YOU OR A THIRD PARTY TO MAINTAIN THE OPERATING ENVIRONMENT DESIGNATED IN THE DOCUMENTATION OR TO OTHERWISE
USE THE SOFTWARE IN ACCORDANCE WITH ANY SPECIFICATIONS ISSUED BY AUSLOGICS.
7.3 YOU ACKNOWLEDGE THAT THE SOFTWARE IS DISTRIBUTED AS IS AND AUSLOGICS IN NO
WAY GUARANTEES THAT IT WILL OPERATE UNINTERRUPTED OR BE ERROR FREE. YOU ACKNOWLEDGE THAT THE EXISTENCE OF
ANY ERRORS DOES NOT CONSTITUTE A BREACH OF THIS LICENSE.
7.4 YOU FURTHER ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURES DICTATE THAT
ANY SOFTWARE BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. YOU ASSUME THE ENTIRE RISK
OF USING THE SOFTWARE AND DOCUMENTATION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
7.5 YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGEMENT IN
LICENSING THE SOFTWARE AND HAVE NOT RELIED ON ANY REPRESENTATION MADE BY AUSLOGICS WHICH HAS NOT BEEN STATED
EXPRESSLY IN THIS LICENSE OR UPON ANY DESCRIPTIONS OR ILLUSTRATIONS OR SPECIFICATIONS CONTAINED IN ANY
DOCUMENT INCLUDING PUBLICITY MATERIAL PRODUCED BY AUSLOGICS.
7.6 OTHER THAN IMPLIED BY LAW (INCLUDING BUT NOT LIMITED TO THE AUSTRALIAN
CONSUMER LAW), THE WARRANTIES IN THIS CLAUSE REPRESENT ALL OF THE WARRANTIES GIVEN BY AUSLOGICS AND NO TERM
OR WARRANTY WILL BE IMPLIED.
8.1 A party may not, without the prior written approval of the other party,
disclose the other party’s Confidential Information (as defined below). A party will not be in breach of
this License in circumstances where it is legally compelled to disclose the other party’s Confidential
8.2 Each party must take all reasonable steps to ensure that its employees and
agents, and any sub-contractors engaged for the purposes of this License, do not disclose the other party’s
8.3 A party may disclose the other party’s Confidential Information:
(a) to its related companies, solicitors, auditors, insurers and
accountants who require information for the purpose of this License; or
(b) if required to disclose the information by law or the rules of any
8.4 This clause will survive the termination of this License.
8.5 Software uses Google Analytics to collect information to improve the
products and features users use most often and to help solve problems. Google Analytics collects software
usage data only. This information is collected ONLY during software execution and does not include any
personally identifiable details.
handle the data we collect. By accepting this EULA and using Auslogics products you confirm that you have
9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Software and Documentation are the subject of intellectual property rights including
copyright (the “Rights”). You shall not during or any time after the termination of this License permit any
act (including without limitation copying the Software except as permitted in this License) which infringes
those Rights. For the avoidance of doubt this License does not give you any right to use any trademarks of
Auslogics associated with the Software or Documentation. You will fully indemnify Auslogics against all
liability, cost and expenses (including legal costs) which may be incurred by Auslogics as a result of your
breach of the provisions of this clause 10.
The Software may include Inno Setup component, which is subject to the following Copyright terms:
Copyright (C) 1997-2016 Jordan Russell. All rights reserved.
Portions Copyright (C) 2000-2016 Martijn Laan. All rights reserved.
The updated terms and information for the Inno Setup component may be found on http://www.jrsoftware.org/
10.1 SUBJECT TO CLAUSE 10.2, AUSLOGICS’ TOTAL LIABILITY TO YOU IN RESPECT OF ALL
CLAIMS ARISING OUT OF OR IN ANY WAY RELATING TO THIS LICENSE OR THE SOFTWARE INCLUDING CLAIMS UNDER ANY
INDEMNITY OR FOR NEGLIGENCE SHALL BE STRICTLY LIMITED TO THE FEE PAID UNDER THIS LICENSE.
10.2 ANY DAMAGES RESULTING FROM A BREACH OF THIS LICENSE BY EITHER PARTY IS
LIMITED TO ACTUAL DAMAGES INCURRED BY THE PARTY CLAIMING DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER
FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF
BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOST PROFITS OR FOR PUNITIVE OR EXEMPLARY DAMAGES EVEN IF
AUSLOGICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 IF ANY CONDITION OR WARRANTY IS IMPLIED INTO THIS AGREEMENT BY LAW AND
CANNOT BE EXCLUDED, THE LIABILITY OF AUSLOGICS FOR BREACH OF THE CONDITION OR WARRANTY IS LIMITED TO ONE OR
MORE OF THE FOLLOWING AT AUSLOGICS’ OPTION:
(I) IN THE CASE OF GOODS;
(1) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
(2) THE REPAIR OF THE GOODS;
(3) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF
ACQUIRING EQUIVALENT GOODS; OR
(4) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR
(II) IN THE CASE OF SERVICES;
(1) THE SUPPLYING OF THE SERVICES AGAIN; OR
(2) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
10.4 BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE
IN A CLASS ACTION AGAINST AUSLOGICS AND ANY OF AUSLOGICS’ SUBSIDIARIES, RELATED COMPANIES, AFFILIATES, AGENTS,
EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS UNDER THIS AGREEMENT OR ANY PRIOR AGREEMENTS
BETWEEN US. THIS PROVISION SHALL SURVIVE TERMINATION OF THE END USER LICENSE AGREEMENT.
11.1 A party may terminate this License immediately by written notice if:
(a) the other party is in material breach of any term of this License
and such breach is not remedied within thirty (30) days of notification; or
(b) the other party becomes, threatens or resolves to become or is in
jeopardy of becoming subject to any form of insolvency administration.
11.2 Upon termination of this License you must immediately cease using the
Software and destroy all copies of the Software and the Documentation.
12. REGIONAL LIMITATIONS
12.1 Auslogics does not conduct business, sell or license software or services in the following countries:
- Burma (Myanmar)
- Central African Republic
- Cote d’Ivoire (Ivory Coast)
- Crimea, Donetsk, Luhansk (regions of Ukraine)
- Democratic Republic of the Congo
- Liberia (Former Regime of Charles Taylor)
- North Korea
- Russian Federation
- Sierra Leone
13.1 You may not assign this License without the written consent of the other
party (such consent not to be unreasonably withheld or delayed).
13.2 Any express statement of a right of Auslogics under this License is without
prejudice to any other rights of Auslogics expressly stated in this License or existing at law.
13.3 The obligations of the parties under this License are suspended during the
continuance of any Force Majeure Event to the extent that those obligations are affected by the Force Majeure
13.4 This License is governed by the laws of New South Wales, Australia and the
parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
13.5 All notices must be in writing and addressed in the case of notices to
Auslogics to its registered office.
13.6 Each party must take all steps as may be reasonably required by the other
party to give effect to the terms of this License and transactions contemplated by this License.
13.7 This License contains the entire agreement between the parties with respect
to its subject matter.
13.8 Each party acknowledges that in entering into this License it has not
relied on any representation or warranties about its subject matter except as provided in this License.
13.9 No delay, neglect or forbearance on the part of any party in enforcing
against any other party any obligation under this License will operate as a waiver or in any way prejudice
any right under this License.
13.10 If any provision of this License is held to be invalid, illegal or
unenforceable, this License will continue otherwise in full force and effect apart from such provision which
will be taken to be deleted.
13.11 Any variation of this License must be in writing signed by each party.
14. DEFINITIONS AND INTERPRETATION
In this License, unless the context otherwise requires:
"Confidential Information" means the confidential information of a party which relates
to the subject matter of this agreement and includes information relating to:
(a) the design, specification and content of the Software;
(b) the personnel, policies or business strategies of Auslogics; and
(c) the terms upon which the Software is being supplied and installed
pursuant to this License.
"Force Majeure Event" means any event not within the control of a party whose
obligations are affected;
"GST" means goods and services tax or any similar tax;
14.2 In this License, unless the context otherwise requires:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and conversely;
(c) the gender includes all genders;
(d) where a word or phrase is defined, its other grammatical forms have
a corresponding meaning;
(e) a reference to a person includes any body corporate, unincorporated
body or other entity and conversely;
(f) a reference to a clause is to a clause of this License;
(g) a reference to any party to this License or any other agreement or
document includes the party’s successors and permitted assigns;
(h) a reference to any agreement or document is to that agreement or
document as amended, notated, supplemented, varied or replaced from time to time, where applicable,
in accordance with this License or that other agreement or document;
(i) a reference to any legislation or to any provision of any
legislation includes any modification or re-enactment of it, any legislative provision substituted
for it and all regulations and statutory instruments issued under it;
(j) a reference to conduct includes, without limitation, any omissions,
statement or undertaking, whether or not in writing;
(k) all references to $ are to Australian dollars; and
(l) where two or more persons have rights or obligations they are bound
jointly and severally.