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EULA

END USER LICENSE AGREEMENT (EULA)

IMPORTANT—READ CAREFULLY

Before you use the Licensed Software, please read this EULA as carefully as you would read any other legal document. This End User License Agreement (EULA) is a contract between you ("you," "your," or "Licensee") and Bright Soft Care ("Company"), which provides the terms and conditions under which the Licensed Software is licensed—not sold—to you.

Agreement to Terms

BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LICENSED SOFTWARE.

Refund Policy

You may return it within 30 calendar days after acquiring it to your place of purchase for a full refund (less, if applicable, shipping, handling, and any taxes), provided that you have not installed, accessed, or used the Licensed Software.

Privacy Policy

The terms and conditions of our Privacy Policy can be found at: https://www.brightsoftcare.com/privacy-policy. Please take the time to read them.

Dispute Resolution

Class Action Waiver

If you are residing in, located in, or a citizen of the United States, this EULA provides for a Class Action Waiver and binding Arbitration.

LICENSE TERMS

Contents

The "Licensed Software" includes:

  • Third-party computer information or software included in the Licensed Software.
  • Written materials or files relating to the Licensed Software ("Documentation").
  • Upgrades, modified versions, updates, and copies of the Licensed Software.

INSTALLATION AND ACTIVATION

Usage Limits

Unless Licensee has purchased a Site License Agreement, Licensee may only install and/or use one copy of the Licensed Software per user license.

Activation Requirements

The Licensed Software may require activation by submitting a serial number and registering an account.

License Compliance

The Licensed Software contains technological measures to prevent unlicensed or illegal use.

PHYSICAL DEVICES

The Licensed Software is designed for use on physical devices (i.e., desktop & laptop computers) and may not function fully on virtual machines.

INTERNET ACCESS

The Licensed Software may require an internet connection to access all features.

Limitation of Liability

See the specific provisions below that disclaim warranties and limit our liability based on internet service interruptions and unavailability.

PERSONAL DATA PROTECTION

You understand that by using the Licensed Software, you consent and agree to the collection and use of certain information about you and your use of the Licensed Software in accordance with Bright Soft Care’s a subsidiary of Bright Soft Care LLC Privacy Policy. You further consent and agree that Bright Soft Care may collect, use, transmit, process, and maintain information related to your account, and any devices or computers registered thereunder, for purposes of providing the Licensed Software, and any features therein, to you.

Information collected by Bright Soft Care a subsidiary of Bright Soft Care LLC when you use the Licensed Software may also include technical or diagnostic information related to your use that may be used by Bright Soft Care to support, improve, and enhance Bright Soft Care’s products and services. For more information, please read our full Privacy Policy at https://www.brightsoftcare.com/privacy-policy.

You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing, and use by Bright Soft Care, its affiliates, and/or their service providers. You hereby agree and consent to Bright Soft Care and its partners’ and licensors’ collection, use, transmission, processing, and maintenance of such location and account data to provide and improve such features or services.

COPIES

Licensee may only make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.

TRANSFER

Licensee may not sell, assign, sublicense, rent, lease, lend, or otherwise transfer the Licensed Software or the License granted by this EULA without prior written consent of Bright Soft Care.

USE

The License granted by this EULA is non-exclusive. Licensee may not use the Licensed Software except as expressly permitted by this License.

PROHIBITED USES

  • Modify, alter, adapt, or translate all or any portion of the Licensed Software.
  • Create any derivative works from all or any portion of the Licensed Software.
  • Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software.
  • Use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such a case, you must destroy the prior version).
  • Use the Licensed Software in the operation of aircraft, ships, nuclear facilities, life-support machines, communication systems, or any other equipment where the failure of the software could lead to personal injury, death, or environmental damage.
  • Remove or obscure Bright Soft Care’s copyright or trademark notices, or the copyright and trademark notices of third parties included in the Licensed Software.
  • Use the Licensed Software to host applications for third parties as part of a facility management, timesharing, service provider, or service bureau arrangement.
  • Use the Licensed Software in any manner not authorized by this EULA.

SOFTWARE UPDATES

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 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, Bright Soft Care a subsidiary of Bright Soft Care LLC may cease support for prior versions without any notice to Licensee.

CONTENT UPDATES

Bright Soft Care may provide Updates to the content of some of its software from time to time, including but not limited to:

  • Virus definitions
  • URL lists
  • Security rules
  • Driver database updates
  • Updated vulnerability data

These types of Updates are collectively referred to as “Content Updates.” Bright Soft Care may, at its discretion and without notice, add, modify, or remove features, including Content Updates, from the Licensed Software at any time.

SUPPORT

Bright Soft Care is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software. However, Licensee may order additional support services for an additional charge, as Bright Soft Care may offer from time to time during the term of this EULA.

GOVERNING LAW

You are a consumer. Nothing in this contract should prevent you from benefiting from rights granted to you by applicable consumer regulations.

This EULA is subject to, and will be governed by and construed in accordance with 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.

h3>Dispute Resolution

For Users Residing Outside the United States

If you are residing in, located in, or a citizen of Canada, a European Union member state, or any other country outside the United States when purchasing the Licensed Software, the following dispute resolution mechanism applies to you:

Any dispute arising out of or in connection with this EULA shall be referred to the exclusive jurisdiction of the Courts of British Columbia, Canada, to the extent permitted by the consumer law of your usual place of residence.

For Users Residing in the United States

If you are a resident, located in, or a citizen of the United States when purchasing the Licensed Software, the following dispute resolution mechanism applies to you:

This provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and Bright Soft Care a subsidiary of Bright Soft Care LLC. Arbitration is a form of private dispute resolution in which both parties waive their rights to file a lawsuit in court and instead submit their disputes to a neutral third-party 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 disputes in a court before a judge or jury.

Important – Please Read Carefully:

  • This provision requires that all Disputes between you and Bright Soft Care shall be resolved by binding arbitration. Arbitration replaces your right to go to court.
  • By agreeing to this arbitration clause:
    • You waive your right to litigate claims before a judge or jury.
    • You waive the opportunity to participate in a case filed in court by others (including, but not limited to, class actions).
    • The arbitrator must follow this agreement and can award the same damages and relief as a court, including attorneys' fees.

Definition of "Dispute"

For the purpose of this Provision, the term “Bright Soft Care” refers to Bright Soft Care, its parent, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.

The term "Dispute" means any dispute, claim, or controversy between you and Bright Soft Care regarding any aspect of your relationship with Bright Soft Care, whether based on contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.

This includes disputes about:

  • The validity, enforceability, or scope of this Provision
  • Any claims related to the use or purchase of Advance PC Cleaner
  • Any claims regarding privacy, software functionality, or service guarantees

Exceptions:

The only exception to arbitration is the enforceability of the Class Action Waiver clause (see below).

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Bright Soft Care a subsidiary of Bright Soft Care LLC an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Bright Soft Care, Legal Department, [Company Address]. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If Bright Soft Care does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt-Out. Notwithstanding the above, you or Bright Soft Care may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Bright Soft Care, Legal Department, [Company Address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Bright Soft Care through arbitration. Your decision to opt out of this Provision will have no adverse effect on your relationship with Bright Soft Care. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Bright Soft Care may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because this EULA and the Licensed Software concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award. 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.

Location of Arbitration. You or Bright Soft Care may initiate arbitration in either Los Angeles, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Bright Soft Care may transfer the arbitration to Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs. Bright Soft Care 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. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Bright Soft Care as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless both you and Bright Soft Care specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above in the section “Exclusions from Arbitration/Right to Opt-Out”, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Licensed Software, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver. You understand and agree that by entering into this agreement you and Bright Soft Care are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Bright Soft Care might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Review by Arbitrator. Any dispute regarding this Provision, including the enforceability of this Provision or the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator to determine.

Continuation. This Provision “DISPUTE RESOLUTION” shall survive the termination of your use of the Licensed Software and any related Bright Soft Care websites or services.

SURVIVAL OF DISCLAIMERS

The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.

EXPORT RULES

Licensee shall not ship, transfer, or export the Licensed Software into any country or use the Licensed Software in any manner prohibited by the applicable export control laws, notably where applicable, the United States Export Administration Act, restrictions, or regulations (collectively the “Export Laws”). All rights to use the Licensed Software are granted on the condition that the Licensee complies with the Export Laws, and all such rights are forfeited if the Licensee fails to comply with the Export Laws.

INTELLECTUAL PROPERTY OWNERSHIP

The Licensed Software and any authorized copies that the Licensee makes are the intellectual property of, and are owned by, Bright Soft Care, and by third parties whose intellectual property has been licensed by Bright Soft Care. The structure, organization, and code of the Licensed Software are valuable trade secrets and confidential information of Bright Soft Care and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, the Licensee is not granted any intellectual property rights in the Licensed Software.

RESERVATION OF RIGHTS

Bright Soft Care reserves all rights not expressly granted to the Licensee by this EULA. The rights granted to the Licensee are limited to Bright Soft Care’s intellectual property rights and to the intellectual property rights of third parties licensed by Bright Soft Care. All rights are reserved under the copyright laws of Canada and/or other countries.

COMPLETE AGREEMENT AND BINDING EFFECT

This EULA constitutes the entire agreement between the Licensee and Bright Soft Care relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Licensed Software. This EULA is binding on and made for the benefit of the parties and their successors and permitted assigns.

MODIFICATION

This EULA may only be modified, supplemented, or amended by a writing signed by an authorized officer of Bright Soft Care.

SEVERABILITY

Except as provided in the “Dispute Resolution and Arbitration” Provision, if any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

WAIVER

No failure or delay by Bright Soft Care in exercising its rights or remedies shall operate as a waiver unless made by Bright Soft Care’s specific written notice. No single or partial exercise of any right or remedy of Bright Soft Care shall operate as a waiver or preclude any other, or further, exercise of that or any other right or remedy.

PROOF OF COMPLIANCE

Within 30 calendar days after a request from Bright Soft Care, or its authorized representative, the Licensee will provide full documentation and certify under penalty of perjury that the Licensee’s use of any and all Licensed Software is in conformity with this EULA.

TERMINATION

If the Licensee breaches this EULA and fails to cure any breach within 30 calendar days after a request from Bright Soft Care, or its authorized representative, Bright Soft Care may terminate this EULA, whereupon all rights granted to the Licensee shall immediately cease. Furthermore, upon termination, the Licensee shall return to Bright Soft Care all copies of the Licensed Software or verify in writing that all copies of the Licensed Software have been destroyed.

MONEY-BACK GUARANTEE

If for any reason you, the Licensee, are dissatisfied with the Licensed Software, you may obtain a refund of the paid amount for the Licensed Software within 30 calendar days after acquiring it, by contacting Bright Soft Care to request the refund. Once you receive the refund, the License granted by this EULA is no longer valid, and any further use of the Software will infringe Bright Soft Care’s copyright rights.