End User License Agreement

ONE CLICK ROOT SOFTWARE LICENSE AGREEMENT

All contents copyright © 2019. All rights reserved.


Agreement

This Agreement describes the terms governing your use of the One Click Root’s root software and any associated services (from now on 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, 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 for personal use and entertainment only. Meaning you cannot sell access to our Software, share your permission 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 choice in determining violations by you.

Payment

Your license grant to our Software is subject to your fee for our Software.  You must pay with a valid credit card, and your payment information will be collected by our third party payment processor Fast Spring.

Use With Your Mobile Device

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:

  • THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE WIRELESS SERVICES AT ANY TIME OR ANY LOCATION.
  • ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES.
  • ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT.
  • ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE WIRELESS SERVICES.

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, INTERRUPTIONS, 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 THE SOFTWARE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “DISCLAIMER 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. IT STATES THAT “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 WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU ALSO WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE RELEASE AS MENTIONED ABOVE.

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:

  1. ERRORS, MISTAKES, OR INACCURACIES WITHIN THE SOFTWARE.
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE.
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR SOFTWARE.
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY.
  6. ANY ERRORS OR OMISSIONS IN ANY OF OUR SOFTWARE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SOFTWARE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IF YOU EXPERIENCE A PROBLEM WITH A THIRD PARTY WHILE USING OUR SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY IS WITH THAT THIRD PARTY AND NOT ONE CLICK ROOT. ONE CLICK ROOT IS NOT LIABLE TO YOU OR THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF THE SOFTWARE OR PRODUCTS PURCHASED FROM OUR SITE.  THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ONE CLICK ROOT, ITS AFFILIATES, AND YOUR EXCLUSIVE REMEDY CONCERNING THE SOFTWARE AND ITS USE.

For your convenience, the following are some critical details of this Agreement that affect your rights and remedies:

  1. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the One Click Root software, whether arising in tort or contract, law or equity.
  2. Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.

ONE CLICK ROOT SHALL NOT BE LIABLE FOR ANY OTHER REASON OR FOR DAMAGES, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THIS CLAUSE IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ONE CLICK ROOT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS BEFORE SUCH CLAIM.

Indemnity

You agree to indemnify and hold One Click Root and its affiliates and suppliers harmless from any claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Software, related services or breach of this Agreement. One Click Root reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by One Click Root in case of any Claims.

Choice of Law

This agreement is governed by the laws in force in the province of British Columbia, Canada. The offer and acceptance of this contract are deemed to have occurred in the region of British Columbia, Canada.

Forum of Dispute

In case of any dispute between you and us, you agree that the proper conference to bring such litigation will be in a court or tribunal nearest to Victoria, BC.

If you bring a dispute in a manner other than following 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 party’s reasonable attorneys’ fees, costs, and disbursements concerning the dispute

Force Majeure

You agree that we are not accountable to you for anything that we may otherwise be responsible. 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 lack of infrastructure, shortage of materials, or any other event beyond our control.

Severability

If 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 entered into without that unenforceable provision included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s 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 any applicable law should not change 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 agreements as mentioned above. If you wish to terminate this Agreement, please stop using our Software immediately and notify us at [email protected].

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 responsibilities under this Agreement to any other party at our discretion.

March 22, 2019