IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE USING ‘Pinnacle PC Performance’ SOFTWARE. WE ARE PLEASED TO LICENSE THE ‘Pinnacle PC Performance’ SOFTWARE TO YOU AS THE
INDIVIDUAL, COMPANY, OR OTHER LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERRED TO BELOW AS
"YOU" OR "YOUR") ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. THIS IS A LEGAL
AND ENFORCEABLE CONTRACT BETWEEN YOU AND Pinnacle PC Performance BY CLICKING ON THE "AGREE", “ACCEPT” OR
"YES" BUTTON OR ANY OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, INSTALLING THE
DOWNLOADED SOFTWARE, ACCESSING THE SOFTWARE ONLINE, OR, IF APPLICABLE, BREAKING THE SEAL OF THE
TANGIBLE MEDIA CONTAINING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT CLICK THE "AGREE", "ACCEPT", OR "YES"
BUTTONS OR OTHER INDICATOR OF YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, AND DO NOT USE OR
ACCESS THIS SOFTWARE.
‘Pinnacle PC Performance’ is a Windows Registry cleaning & optimizing utility that provides a fast and effective way to analyze
and fix corrupt/disorganized windows registry to keep your windows pc in an optimally functional state.
1.1 The software which accompanies or is accessible through this license (collectively the "Software") is the property of
Pinnacle PC Performance or its licensees and is protected by copyright law. While Pinnacle PC Performance continues to own the
intellectual property rights to the Software, You will have certain rights to use the Software after Your acceptance of this
license. This license governs any releases, revisions, or enhancements to the Software that Pinnacle PC Performance may
1.2 The software will be installed as a free trial with limited functionality and will work with all of its features after the
purchase of a license key.
1.3 You may uninstall this Software at any time, using the standard uninstall procedures as offered with your computer's
Operation System, by accessing the computer's "Control Panel>Add/Remove Programs" folder, selecting ‘Pinnacle PC Performance’ from the list of installed applications, and clicking the "Change/Remove" button. This will remove ‘Pinnacle PC Performance’ from your windows pc.
Please note that some files/folders will remain on your system after you have uninstalled this Software. These
files/folders cannot be removed by the uninstall process but can be removed manually using standard
file/folder/registry-entry deletion methods. Also note that these folders and files are safe and cannot be used
in any active or passive way by anyone or any system. Software registration information will also be left
behind after the uninstallation so that you may not require to register the software again, if you decide to
reinstall the software.
"c:\Windows\Installer" folder may contain some files starting with "msi" with an extension of "tmp".
Use the uninstall date and time to determine which ones belong to this software. For further
information about the temporary files that will remain, and whether they can be safely removed,
please read this Microsoft Knowledge Base article: http://support.microsoft.com/kb/2667628.
The software installer will offer to place a shortcut to the application so that you can access it conveniently
through the Windows desktop or quick launch bar. You will be given an option to opt out of these shortcut
creations at the time of installation.
The software installer will install Microsoft’s .NET 3.5 libraries if not already present on your computer as this
is required for the Software to function. If installed by our Software, you may uninstall the .NET libraries by
accessing the computer's "Control Panel>Add/Remove Programs" folder, selecting 'Microsoft .NET 3.5' from
the list of installed applications, and clicking the "Change/Remove" button.
The software requires an Internet connection to perform functions like database updates etc.
1.4 Except as may be modified by a ‘Pinnacle PC Performance’ license certificate, license coupon, or license key (collectively,
"License Key") that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this
Software are as follows:
You are entitled to:
Use the Software on or in conjunction with up to (i) the number of computers specified by your order for the
Software, or (ii) in the case of Software purchased on a CD or other physical medium, the number specified on the
Software package, or (iii) if you received the Software in combination with other hardware or software, solely in
conjunction with such other hardware or software;
- Transfer the Software on a permanent basis to another person or entity, provided that you first notify Pinnacle PC Performance
Support of Your intention in writing and that you retain no copies of the Software and the transferee
agrees to the terms of this license.
1.5 Notwithstanding Section 1.4 above, if a License Key accompanies, precedes, or follows this license, you may:
- Make that number of copies of the Software licensed to you by Pinnacle PC Performance as provided in Your
License Key. Your License Key shall constitute proof of Your right to make such copies;
- Make one copy of the Software for backup purposes, or copy the Software onto the hard drive of your
computer and retain the original for backup purposes.
- Use the Software on a network if You have a licensed copy of the Software for each computer that can access
the Software over that network;
1.6 You are not entitled to:
Use the Software in any way not authorized by this license;
Copy the documentation which accompanies the Software;
Sub-license, rent or lease any portion of the Software;
Reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of
the Software, or create derivative works from the Software;
Use a previous version or copy of the Software after You have received a disk replacement set or an upgraded
version; upon upgrading the Software, all copies of the prior version must be destroyed;
Use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or
have otherwise separately acquired the right to use such later version; or
Use the Software for the purpose of creating multiple computers or hard drives not connected to the original
computer, with similar or identical configurations to that of the original computer or hard drive.
2. Term & Termination
The initial term of this Agreement will commence on the date you download or otherwise acquire the Software, and will
continue for the term you specified in your order for the Software, or if you received the Software in combination with other
hardware or software, the term specified by your supplier. If renewal terms are available, Pinnacle PC Performance will provide
notice offering you the opportunity to purchase renewals at the then-current renewal price. The initial term and any
renewals purchased are referred to in this Agreement as the 'Term'.
Pinnacle PC Performance, in addition to such other rights may be available at law or equity, shall be entitled to terminate this
Agreement at any time without notice if you commit a material breach of this Agreement.
2.3. Effect of Termination
On the expiration or termination of this Agreement, you will cease using the Software, Pinnacle PC Performance may cease
making Updates available to you, and the Software may cease functioning. Sections 1.4, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 13
will survive the expiration or termination of this Agreement.
Ownership Pinnacle PC Performance reserves all rights in the Software not expressly granted by this Agreement. All
copyrights, trademarks and other conceivable intellectual property rights in and to the Software are owned by Pinnacle PC Performance
or its licensors, and are protected by United States and foreign copyright laws, international treaties and other
applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire
copyright and other notices included with the original copy of the Software.
4. Content Updates
You acknowledge that certain Pinnacle PC Performance software products utilize content that is updated from time to time. For
example, ‘Pinnacle PC Performance’ products utilize updated computer components, like registry structure etc. & content
delivery features utilize updated URL links, etc. (collectively, "Content Updates"). You may obtain Content Updates during
any period for which You have (i) purchased a subscription for Content Updates for the Software (including any subscription
included with Your original purchase of the Software), (ii) purchased upgrade insurance for the Software, (iii) entered into a
maintenance agreement that includes Content Updates, or (iv) otherwise separately acquired the right to obtain Content
Updates. Except to the extent expressly stated above, this license does not permit you to obtain and use Content Updates.
You further acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum
benefit from the Software and to keep your windows PC functioning in an optimal state.
Pinnacle PC Performance warrants that the media on which the Software is distributed will be free from defects for a period of
thirty (30) days from the date of your purchase of the Software (the "Warranty Period"). Your sole remedy in the event of a
breach of this warranty will be that Pinnacle PC Performance will replace any defective media returned to Pinnacle PC Performance
within the Warranty Period or, if Section 6 below applies, refund the money you paid for the Software. Pinnacle PC Performance
does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or
error-free. In order to exercise your rights under this Section 5, you must uninstall and destroy all copies of the Software
you may have made (including all archival copies), and (i) if you purchased the Software by download, follow the
instructions on the confirmation email you received in connection with the purchase, or (ii) for all other purchases, return
the Software in its original package, along with your receipt, to the point of purchase.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND
COUNTRY TO COUNTRY.
6. Money Back Guarantee
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, You are
entitled to receive a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes) by so
notifying Pinnacle PC Performance Customer Service or the Dealer in writing at any time during the sixty (60) day period
following the date of purchase (the "Guarantee Period"). If you received the Software as a "bundled" product with the
purchase of Your PC or other computer component, or if you fail to notify Pinnacle PC Performance Customer Service or the
Dealer within the Guarantee Period, You will not entitled to a refund.
7.1. Pinnacle PC Performance may deliver any notice to you via pop-up window, dialog box, email or other means, even though
you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the
date Pinnacle PC Performance first makes it available through the Software, irrespective of when you actually receive it.
7.2. You acknowledge that Pinnacle PC Performance collects certain information regarding the users of the Software, including
certain personally identifiable information. You hereby consent to Pinnacle PC Performance for collection and use of such
information, and agree that Pinnacle PC Performance' collection and use of such information will be governed by Pinnacle PC Performance'
and that Pinnacle PC Performance may revise the same
from time to time.
8. Disclaimer of Damages
EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, Pinnacle PC Performance DISCLAIMS ALL
OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS
AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY
OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED
WARRANTY OF NONINFRINGEMENT. Pinnacle PC Performance DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some jurisdictions do not allow limitations on an implied warranty,
so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
9. Limitation of Liability
9.1. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET
FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY:
(A) IN NO EVENT WILL Pinnacle PC Performance OR ITS LICENSORS HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU
WHATSOEVER FOR ANY DEFECT, MALFUNCTION, DAMAGE, OR LOSS, RESULTING FROM YOUR INSTALLATION OR USE OF
THIRD PARTY SOFTWARE, HARDWARE, EQUIPMENT, PERIPHERALS, OR OTHER PRODUCTS, INCLUDING BUT NOT
LIMITED TO, SOFTWARE VERSION UPDATES, CONTENT UPDATES, OR OTHER FILES RECEIVED FROM ANY THIRD PARTY
(COLLECTIVELY, "THIRD PARTY PRODUCTS"), RECEIVED IN CONNECTION WITH YOUR (OR ANY THIRD PARTY'S) USE OF
THE SOFTWARE. ALL WARRANTIES AND OBLIGATIONS OF THIRD PARTIES IN CONNECTION WITH THIRD PARTY
PRODUCTS ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND MUST BE ADDRESSED UNDER A SEPARATE AGREEMENT
BETWEEN YOU AND SUCH THIRD PARTIES.
(B) IN NO EVENT WILL Pinnacle PC Performance OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, PUNITIVE, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Pinnacle PC Performance HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(C) IN NO EVENT WILL Pinnacle PC Performance's OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.
9.3. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software as
applicable to your state/country and the respective taxation structure.
11. Government Users
If the Software is downloaded or accessed by or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication, or disclosure of the Software
by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause of DFARS 252-227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-
Restricted Rights at 48 CFR 52.227-19, as applicable.
12. Export Control
The Software and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported. You must comply with all domestic and international export laws and regulations that apply to Pinnacle PC Performance. These laws include restrictions on destinations, end users and end use. You agree not to export this software or related licenses to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation. By downloading, accessing or using the Software, You agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country which might fall under any type of restricted list.
13. General Terms
13.1. Indian law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state courts located in Jaipur, Rajasthan, India. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
13.2. This Agreement was originally prepared in the English language. Although Pinnacle PC Performance may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
13.3. This agreement constitutes the entire agreement between you and Pinnacle PC Performance with respect to this transaction and any prior statements or representations. Any changes to this agreement must be made in writing, signed by an authorized representative of Pinnacle PC Performance.
14. Contact Us
Support email : firstname.lastname@example.org