Redistribution or Rental Not Permitted

This is a binding agreement between you (either an individual or an entity) and AOL Europe Services Sarl that governs your installation and use of this Computer Check-up software.

BY CLICKING “I AGREE,” OR BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS COMPUTER CHECK-UP END USER LICENCE AGREEMENT (THIS "AGREEMENT"), YOU AGREE TO RECEIVE NOTICES FROM AOL ELECTRONICALLY, AND YOU CONSENT TO JURISDICTION IN THE LAW COURTS OF ENGLAND AND WALES FOR ANY DISPUTE REGARDING THIS AGREEMENT. If you do not agree to the terms of this Agreement click "Cancel" and do not install or use the Software.

1. DEFINITIONS
In this Agreement the following expressions shall have the meanings respectively ascribed to them: "AOL" means AOL Europe Services Sarl;
“AOL Affiliate” means any person or entity which provides, facilitates, manages or administers access to or markets or promotes the AOL Network including without limitation America Online Inc., AOL (UK) Ltd, AOL France SNC and AOL Deutschland GmbH & Co. KG;
“AOL.co.uk” means the primary “AOL”-branded interactive site marketed by AOL and provided by the AOL Affiliates;
“AOL Member” means a member of the Portal AIM Service and/or the AOL UK Service;
“AOL Network” means the AOL Services and any other product, service or property owned, operated, distributed or authorised to be distributed by or through AOL or any AOL Affiliate worldwide;
“AOL UK Service” means the member-only standard version of the AOL branded service marketed by AOL and provided by the AOL Affiliates;
“AOL Service” means one or more of AOL.co.uk, the Portal AIM Service and the AOL UK Service, in each case including any version of such site or service distributed through any broadband distribution platform or through any platform or device other than a desktop personal computer;
"Existing Agreement" means either (i) the Conditions of Service found at /about/legal/ incorporating the privacy policy at /about/legal/privacypolicy.adp (for members of the AOL UK Service) or (ii) the Web Products Agreement /about/legal/webagreement.adp incorporating the privacy policy at /about/legal/privacypolicy.adp (for members of the Portal AIM Service);
“Portal AIM Service” means the AOL Instant Messenger service provided to registered users through AOL.co.uk;
and
"Software" means the One Click Fix software and is provided by AOL to you pursuant to this Agreement.

2. REGISTRATION
Some features of the Software may only be used by individuals who have registered for an AOL authorized screen name. In addition to this Agreement, if you are an AOL Member, your use of the Software and associated services that require you to sign in with a screen name, is subject to the terms of your Existing Agreement. To get a screen name, you may either sign up for (i) the Portal AIM Service by clicking the sign-in link on the AOL.co.uk homepage or (ii) the AOL UK Service by clicking the “Join AOL” link on the AOL.co.uk homepage, and in each instance completing the registration form. You may use only the Software and a screen name authorized by AOL to access the features that require sign-in for use.

3. LATENT DISTRIBUTION
The Software may have been designed so that it can be delivered in segments to ensure that the download will be quick and convenient. In such a case, a small piece of software (the "Stub") may be installed initially that can then "call out" over the Internet to a web server and complete its installation on your computer at a later time (i) during the installation process, (ii) when the Stub detects that you have available bandwidth, or (iii) when you have requested use of a function that requires that portion of the Software. This mechanism will only be used to complete the installation of the Software you have chosen to install.

4. LICENCE GRANT
AOL grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable licence to install and use the Software on a single computer for personal and internal business purposes. This license does not entitle you to receive from AOL hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.

5. RESTRICTIONS
You may not: (i) make any copies of the Software other than an archival copy, (ii) modify or create any derivative works of the Software or documentation; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing an AOL Service or any of the AOL Network; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any Javascript or HTML files, or parts thereof, included in the Software; (v) use the Software to develop software or services that access the address space of the Software or that intercept the proxy; (vi) attempt to gain unauthorized access to any part of the AOL Network, account, computer system or network associated with the Software; (vii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (viii) remove or alter any trade mark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; (ix) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Software; (x) incorporate, integrate or otherwise include the Software or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with an AOL service or that interconnects any AOL service with any other instant messaging or online service; (xi) use any part of the AOL Network associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them; (xii) use the Software in any way that violates this Agreement or any law; or (xiii) authorize or assist any third party to do any of the things described in this paragraph.

6. PRIVACY
(a) APPLICABLE PRIVACY POLICIES. To the extent that AOL collects your personal information the AOL.co.uk privacy policy at about/legal/privacypolicy.adp shall apply in relation to any such information collected through your use of the Software. In addition, the AOL privacy policy at /about/legal/privacypolicy.adp shall apply to members of the AOL UK Service using the Software.

(b) INFORMATION FOR UNREGISTERED USERS: (i) TECHNICAL INFORMATION. The Software is configured to automatically report back information relating to computer errors arising in connection with use of the Software, without notice to you. Information on your Software configuration settings may be included. This data is sent to AOL to help us diagnose performance issues with, and improve, the Software.

(ii) FEATURE USAGE INFORMATION. The Software may also provide AOL with anonymous information about use of AOL features and buttons on the Software. AOL uses this information in the aggregate to determine which Software features and buttons are most popular and useful to its users.

(iii) SOFTWARE ID. The Software may contain a specific identification number for the purpose of tracking the number of unique instances of the Software in use.

7. AUTOMATED UPDATES
AOL may deliver to your computer automated updates, modifications, and/or patches to address issues such as security, interoperability, and performance (collectively “Updates”). Some Updates may change certain functionality of the Software to, for example, improve security, add new functions, or improve the operation of the Software. You may be given the opportunity to choose whether you want all Updates delivered silently or you would prefer to be notified when a new Update is ready to be installed. AOL reserves the right to silently deliver any Update in the limited circumstances where it deems it necessary to provide for the continued functionality of the Software. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms and conditions at the time of download or installation.

8. FEES
There is no licence fee for the Software. If the Software is made available on media, and if you wish to receive the Software on media, there may be a small charge for the media and for shipping and handling. You are responsible for any and all taxes. If the Software is provided as part of a service, there may be fees charged for the service.

9. PROPRIETARY RIGHTS
AOL and its licensors retain all title, ownership, and intellectual property rights in the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software, including without limitation text, photos, music, and videos, are the property of the applicable content owners and are protected by applicable law. These laws restrict your rights with respect to such content. Some of the content may also include security measures designed to control access and prevent unauthorized copying and use of copyrighted materials. You agree not to interfere with any such security components. The license granted under this Agreement gives you no rights in or to such content. AOL and its licensors own all trademarks used in connection with the Software, and no license to use any such trade marks is provided hereunder. AOL welcomes your feedback regarding AOL’s products. You agree that AOL may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Software.

10. CONTENT
LINKED CONTENT. AOL may include in some Software links to websites of AOL Affiliates and AOL partners, as well as RSS feeds. The content on the linked sites is provided to you for your personal, non-commercial use as a convenience to you. AOL makes no representations or warranties regarding the accuracy or reliability of the information included in such content. Reproduction and redistribution of such content is strictly prohibited. Use of any websites or services reached through links included in the Software is subject to the terms of use presented on such website or service.

11. NO SPAM
You may not use the Software to transmit, directly or indirectly, any unsolicited bulk communications (such as SPAM e-mails). You may not harvest or collect information about other users of the Software for the purpose of sending, or to facilitate the sending, of such unsolicited bulk communications. You may not allow others to use your copy of the Software to violate the terms of this section. AOL may terminate this Agreement immediately and take other legal action if you or anyone using your copy of the Software violates these provisions. AOL may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within AOL’s computer or communications networks.

12. YOUR RESPONSIBILITY
You are responsible for all activity made by anyone who uses your copy of the Software, including all legal liability incurred from the use of the Software by you or others. You are responsible for keeping your password confidential. You may use the Software for lawful purposes only.

13. ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to use the Software. If you are accessing the Internet through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you.

14. ADDITIONAL SERVICES
Other products and services from AOL and its affiliates (“Additional Services”) may be made available through the Software, sometimes for a fee. Use of each Additional Service may be governed by different or additional terms and conditions. Such additional terms and conditions will be presented to you at the time you decide to register for or use one of these Additional Services. The Additional Services may also be subject to different information collection and usage practices. If this is the case, you will be notified prior to your use of the Additional Service of the applicable privacy policy, which will describe the relevant information collection and usage practices. Some features, services, and components may be available for use only by certain categories of users, such as members of fee-based services offered by AOL or its affiliates.

15. THIRD PARTY OFFERINGS
Third parties may from time to time offer applications or services to access, “plug-into” or interact with the Software. If such applications or services are not authorized by AOL, then your use of them in connection with the Software or an AOL service is a violation of this Agreement. In any case, your use of third-party applications will be at your own risk and subject to the terms and conditions of those third parties. AOL makes no representations or warranties with respect to such third party applications including that the third party application or service will be uninterrupted. You agree that AOL is under no obligation to provide you with any error corrections, updates, upgrades, fixes and/or enhancements to make the Software accessible through or compatible with these third party applications.

16. USE AND AVAILABILITY OF OPEN SOURCE CODE
Portions of the Software may have been created using source code available through various open source projects. In such cases, the licences and availability of source code for such components are specified in a copyright notice document delivered with or linked from the Software.

17. TERMINATION
If you violate the terms of this Agreement, this Agreement and your right to use the Software shall terminate immediately and without notice. In the event of any termination of this Agreement or your rights hereunder, all provisions of this Agreement except the Licence Grant (Paragraph 4) shall survive such termination and you agree to continue to be bound by those terms. Upon termination, you must destroy all copies of the Software.

18. YOUR REPRESENTATIONS
You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Software only for lawful purposes and in accordance with this Agreement, and that you will not use the Software in violation of any law, regulation or ordinance or any right of AOL or its licensors or any third party, including, without limitation, any right of privacy, publicity, copyright or trade mark. You agree to indemnify AOL, its parent, licensors, officers, agents, employees and directors for any damages incurred as a result of a violation of this Paragraph.

19. INJUNCTIVE RELIEF
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause AOL irreparable damage for which recovery of money damages would be inadequate and that AOL, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

20. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. AOL AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, AOL AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AOL OR AN AOL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. AOL AND ITS LICENSORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

21. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AOL OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "AOL GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE AOL GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE PRODUCT, AS DETERMINED AT AOL'S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AOL TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE AOL GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

22. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, AOL AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE AOL GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.

23. ELECTRONIC NOTICES
YOU CONSENT TO AOL PROVIDING YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES") IN ELECTRONIC FORM. AOL MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED AOL WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY AOL FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by AOL, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Software.

24. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between you and AOL concerning the subject matter of this Agreement, which may only be modified by AOL. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of England and Wales. (c) You agree that jurisdiction for any claim or dispute arising from the use of the Software resides exclusively in the law courts of England and Wales and you consent to the personal jurisdiction thereof. The foregoing provision may not apply to you depending on the laws in your jurisdiction. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or AOL may at its option instead terminate this Agreement. (f) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. AOL may assign this Agreement to any entity at its sole discretion. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (j) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.