Voosh Performance End User License Agreement

Effective Date: 02/03/2020 Note that a scan will start immediately after the install process is completed and while this scan cannot be canceled, you can minimize the scan window and continue working.

IMPORTANT: PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE USING Voosh Performance SOFTWARE. VOOSH TECHNOLOGIES INC IS PLEASED TO LICENSE THE VOOSH 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 VOOSH TECHNOLOGIES INC. BY CLICKING ON THE 'AGREE' OR 'YES' BUTTON OR 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.

License

1.1 The software which accompanies or is accessible through this license (collectively the 'Software') is the property of Voosh Technologies Inc or its licensees and is protected by copyright law. While Voosh Technologies Inc 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 titles Voosh Performance that Voosh Technologies Inc may furnish.

1.2 The software Voosh Performance is installed as a fully functional free trial for a period of time for evaluation. Once the free trial period has ended the software and is only able to be used with all of its features after the purchase of a license key. The software will remain functional for the duration of the time purchased.

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 ‘Voosh Performance’ from the list of installed applications, and clicking the 'Change/Remove' button.

1.4 The software requires an Internet connection to function.

1.5 Except as may be modified by a Voosh Technologies Inc 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 Voosh Technologies Inc of your intention in writing and that you retain no copies of the Software and the transferee agrees to the terms of this license.

1.6 Notwithstanding Section 1.5 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 Voosh Technologies Inc 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 disk of your computer and retain the original for backup purposes, or use the Software on a network if you have a license of the Software for each computer that can access the Software over that network.

1.7 You are not entitled to: use the Software in any way not authorized by this license; make copies of the documentation which accompanies the Software; sub-license, rent or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works of the Software; use a previous version or copy of the Software after you have received an upgraded version; 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 copying to multiple computers or hard drives not connected to the original computer.

1.8 The software also uses the following third party components that have their own or similar licenses:

Mahapps Metro Style Controls. MIT License. https://github.com/MahApps/MahApps.Metro/blob/develop/LICENSE
Components Used by Mahapps. Microsoft Public License. https://github.com/MahApps/MahApps.Metro/blob/develop/LICENSE
Inno Setup. This software is public domain. http://www.jrsoftware.org/files/is/license.txt
LiteDB. This software is public domain. http://www.litedb.org/
Term and Termination

2.1 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. When renewal terms are required, Voosh Technologies Inc 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’.

2.2. Voosh Technologies Inc, 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, Voosh Technologies Inc may cease making updates available to you, and the Software may cease to function. Sections 1.5,1.6 and 1.7 will survive the expiration or termination of this Agreement. All settings will automatically be reset to the default settings that were in effect prior to any adjustments being made by Voosh Performance.

Ownership

3.1 Voosh Technologies Inc reserves all rights to 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 Voosh Technologies Inc 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.

3.2 The Software, sold under the brand name Voosh Active Continuous Optimization, or Voosh Performance, is owned by Voosh Technologies Inc and is protected by United States of America patent number 8438378, granted May 7, 2013.

Content Updates

4.1 You acknowledge that certain Voosh Technologies Inc software products utilize content that is updated from time to time. You may obtain content updates during any period for which you have purchased a subscription for use of the software acquired under the Voosh Performance brand. You further acknowledge that you must routinely download and permit installation of updates in order to obtain maximum benefit from the Software.

Warranty

5.1 Voosh Technologies Inc 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 Voosh Technologies Inc will replace any defective media returned to Voosh Technologies Inc within the Warranty Period.

5.2 Voosh Technologies Inc does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or error-free.

5.3 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 any 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 EXPRESS 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.

Money Back Guarantee/ Refund Policy

6.1 Please refer to our terms and conditions page for details at https://VooshPerformance.com/terms-and-conditions/

Privacy

7.1. Voosh Technologies Inc 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 Voosh Technologies Inc first makes it available through the Software, irrespective of when you actually receive it.

7.2. You acknowledge that Voosh Technologies Inc collects certain information regarding the users of the Software, including certain personally identifiable information. You hereby consent to Voosh Technologies Inc’s collection and use of such information, and agree that Voosh Technologies Inc’s collection and use of such information will be governed by Voosh Technologies Inc’s Privacy Policy, currently published at https://VooshPerformance.com/privacy-policy/.

7.3 Voosh Technologies Inc will not process, sell, transfer or make available any personally identifiable data to any third party processor. As well, Voosh Technologies Inc will ensure all personally identifiable data collected is protected to the greatest extent possible in accordance with the General Data Protection Regulation (GDPR) in effect as of May 25, 2018.

Disclaimer of Damages

8.1 EXCEPT AS EXPRESSLY PROVIDED BY SECTION 5 OF THIS AGREEMENT, Voosh Technologies INC 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. VOOSH TECHNOLOGIES INC DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

9.1. 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 Voosh Technologies INC 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, CONTENT UPDATES, DRIVERS 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 VOOSH TECHNOLOGIES INC 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 VOOSH TECHNOLOGIES INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (C) IN NO EVENT WILL VOOSH TECHNOLOGIES INC’s OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.

Taxes

10.1 You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Software.

Government Users

11.1 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.

Export Control

12.1 The Software and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported except as authorized by United States laws and the laws of the jurisdiction in which the Software was obtained. In particular, the Software may not be exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. 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 or on any such list.

General Terms

13.1. This agreement is governed by the laws of the State of California, and the relevant courts of the State of California have exclusive jurisdiction over any dispute arising out of the use of the Software. 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 Voosh Technologies Inc 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 Voosh Technologies Inc 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 Voosh Technologies Inc. Please visit VooshPerformance.com and contact Support for questions about this policy as well as product-related technical support: support@vooshperformance.com. Send all other correspondence to: Voosh Technologies Inc, 877 Cedar Street, Suite 150, Santa Cruz, CA 95060 USA or by email at info@vooshperformance.com or by phone at (408) 479-8802 (Office Hours: 9:00 AM – 5:00 PM Pacific).