Effective Date: February 7, 2018
This End User License Agreement (hereinafter Agreement) is a legal agreement between the end user, that can be either a legal entity or a private person, and Shinysoft Ltd. (hereinafter Shinysoft), for the use of the Shiny Soap Software.
The Shiny Soap Software (the computer program produced by Shinysoft under this Agreement, hereinafter Shiny Soap) is licensed, not sold, to you by Shinysoft, and all rights that are not explicitly granted to you within this Agreement are reserved by Shinysoft. Shinysoft shall not share the source code of Shiny Soap under any circumstances.
Downloading, installing, copying or otherwise using Shiny Soap means that you accept the terms of this Agreement. If you do not accept the terms of this Agreement, you must not use Shiny Soap. If you purchased Shiny Soap and do not accept the terms of this Agreement, you may ask for a refund of the purchase price provided that you have not used the Shiny Soap Software. If you have obtained your copy of Shiny Soap NOT at shinysoap.com website, you must immediately return the copy with proof of payment to the place where it was purchased.
1. LICENSE TERMS
You can obtain either a Demo License or a Commercial License from Shinysoft. If you have NOT purchased or otherwise rightfully obtained a Commercial License for Shiny Soap, you should use Shiny Soap under the Demo License Terms. If you have purchased or otherwise rightfully obtained a Commercial License for Shiny Soap, you should use Shiny Soap under the Commercial License Terms. Violation of any part of the Agreement shall lead to termination of the license.
There are two states (versions) of the Shiny Soap software program: Not Activated and Activated.
The Not Activated version corresponds to the Demo License Terms. The Not Activated version can only scan your computer for useless files, but you will not be able to remove the found files. There is no time limit for usage of the Not Activated version.
The Activated version corresponds to the Commercial License Terms. The Activated version can not only scan your computer for useless files, but also remove them. A Commercial License is given for an annual subscription period in case you have the Activated version of Shiny Soap.
1.1. DEMO LICENSE TERMS
Shinysoft grants you a Demo License to use Shiny Soap for unlimited evaluation purposes according to the following terms and conditions: you shall NOT lend, lease, rent, assign, or sublicense Shiny Soap to any other individual or entity. Any attempt to do so shall lead to termination of the license. If you wish to use the full functionality of Shiny Soap, you should purchase a Commercial License.
1.2. COMMERCIAL LICENSE TERMS
Shinysoft grants you a Commercial License to use Shiny Soap for unlimited evaluation purposes according to the following terms and conditions: you shall NOT lend, lease, rent, assign, or sublicense Shiny Soap to any other individual or entity. Any attempt to do so shall lead to termination of the license. Commercial License gives you the right to use the full functionality of Shiny Soap.
1.2.1. COMMERCIAL LICENSE TERMS: ONLINE ACTIVATION
Shiny Soap requires online activation for using it under the terms of this Agreement. You should provide personal information during online activation. Active Internet connection is required to activate the Shiny Soap copy. Your Shiny Soap license depends on the computer(s) on which you activated it. If you change your computer or its hardware configuration, you may need to reactivate Shiny Soap.
Under the terms of this Agreement, you have the right to activate and use Shiny Soap on either a single computer used by several people or several computers used by a single individual. Several users cannot use one Shiny Soap copy on several computers.
1.2.2. COMMERCIAL LICENSE TERMS: LICENSE TRANSFER
You reserve the right to transfer the activated Shiny Soap copy either to another computer or only once and permanently to another individual or legal entity. If you transfer Shiny Soap to another individual or legal entity, you have NO rights to retain a copy of Shiny Soap or any part thereof yourself, and the receiving party should study and accept the terms of this Agreement.
1.2.3. COMMERCIAL LICENSE TERMS: PERSONAL INFORMATION
You should ensure the accuracy and correctness of personal information that you provide to Shinysoft during online activation. It is recommended that you inform Shinysoft about any changes of your personal information.
Shinysoft may use your personal information to validate your personal license rights, to prove the purchase of the license from the resellers and to send you information related to Shiny Soap. Shinysoft may share this information with its licensors. Shinysoft shall not disclose your personal information to any third parties.
Shiny Soap uses the tool that collects the statistics of the software usage with the intention to improve the program and make it more user-friendly. The collected information is completely anonymous and is not shared with any third parties.
1.2.4. COMMERCIAL LICENSE TERMS: ADDITIONAL ACTIVATIONS
You have no permission activate and simultaneously use Shiny Soap on more computers than the number of computers for which you have obtained the Commercial License(s).
If Shinysoft considers the amount of licenses to be excessive, it may suspend further activations performed under the said license(s) and inform you about this decision in writing/by email, on the telephone, or from within the software.
1.2.5. COMMERCIAL LICENSE TERMS: LICENSE KEY
You may need a license key to activate Shiny Soap under the terms of the Commercial License. In this case Shinysoft will issue this license key to you personally. You agree that you will not disclose the issued license key to third parties, unless you have a written permission from Shinysoft.
2. GENERAL TERMS
Terms of this Agreement can be accepted only by persons starting from the age of 13. By accepting the terms of this Agreement you confirm that you are at least 13 years old, you are of legal age to accept the terms of this Agreement or you have the permission from your parents to do so, and that all registration information submitted by you is correct.
These General Terms apply both to the Demo License and to the Commercial License.
3. COPYRIGHT AND RESTRICTIONS
You agree not to adapt, decompile, disassemble, reverse engineer, translate, or otherwise modify the functionality of Shiny Soap except for cases that are allowed in this Agreement.
Copyright and other intellectual, industrial and/or proprietary rights to Shiny Soap and to any copies belong to Shinysoft or its licensors. You agree not to remove any label indicating that Shinysoft owns the copyright and other intellectual, industrial or proprietary rights to Shiny Soap.
You can use Shiny Soap only under the terms of this Agreement. All rights that are not specifically granted by Shinysoft are reserved by Shinysoft.
4. MODIFICATION RIGHTS
You agree not to modify or replace libraries and resources that are part of Shiny Soap.
5. DISCLAIMER OF WARRANTIES
You explicitly agree that you download, install, copy, and use Shiny Soap at your own risk. Shinysoft provides no warranty that the functionality of Shiny Soap will meet your requirements. Furthermore, Shinysoft does not warrant that any computer hardware or software will not be damaged by the software or any data that you download by using the software. In case Shiny Soap proves defective, you (and not Shinysoft or a Shinysoft authorized representative) assume the entire cost of all required repairs or corrections. Shinysoft strongly recommends that you check the software for viruses before installing and using it.
6. LIMITATION OF LIABILITY
You explicitly agree that to the fullest extent permissible by law neither Shinysoft nor any of its affiliates, its or their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors shall be liable for any loss or damage of any kind, direct or indirect, including, but not limited to compensatory, consequential, incidental, direct, indirect, special, exemplary or punitive damages, in connection with or arising from use of Shiny Soap or otherwise in connection with this Agreement. In all cases, Shinysoft’s entire liability under any provision of this Agreement shall be limited to the amount actually paid for the software.
7. LIMITATION OF SUPPORT
Shinysoft provides you with support related to your use of Shiny Soap. The support can be obtained via email; holders of the Ultimate License can also get support by the telephone. The support is limited only by topics related to basic usage of Shiny Soap. Shinysoft shall not give you general advice on technologies that are related to Shiny Soap. Shinysoft reserves the right to stop support that is related to earlier versions of Shiny Soap in case a new release of Shiny Soap becomes available.
You agree to defend Shinysoft, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Shinysoft, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this Agreement, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of Shiny Soap. Shinysoft reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Shinysoft upon its request.
9. TECHNICAL AND RELATED INFORMATION
Shinysoft may gather and use technical and related information regarding your computer and operating system. Shinysoft can use this information in any form that does not personally identify you or your computer. Neither Shinysoft nor its subsidiaries shall be able to access the contents of files and folders that you use from within Shiny Soap.
This Agreement is effective until it is terminated. Without prejudice to any other rights, Shinysoft reserves the right to suspend or end the services at any time, with or without cause, and with 30 days prior notice. For example, Shinysoft may immediately terminate this Agreement if you do not comply with its terms and conditions. In this case you must stop using Shiny Soap and remove all copies of Shiny Soap from your computer.
11. REFUND POLICY
Shinysoft values any feedback from the customers and does everything to fix all possible issues. However, if you are still not satisfied with Shinysoft products and services, you can request a refund under the terms of Shinysoft's refund policy.
Shinysoft offers 1 (one)-year subscription to Shiny Soap services. You may apply for a refund of the unused part of a purchased subscription license1. The unused part counts beginning from the moment you have requested a refund until the expiration date of the subscription.
1An unused part of a purchased subscription license is a certain amount of months or days counted out beginning from the moment you have officially requested a refund until the expiration date of the subscription. The unused part of a purchased subscription license counts if you have been using the license for over 14 (fourteen) full days. If the license has been used for less than 14 (fourteen) full days you will be granted with a full refund covering the price of a 1 (one)-year subscription license.
If you have made a request for a refund during but not exceeding the first 14 (fourteen) full days of the month of request2 we grant you with a partial refund that covers the price of the subscription including the month of request. If you have made a request for a refund after the first 14 (fourteen) full days of the month of request we grant you with a partial refund that covers the price of the subscription NOT including the month of request.
2Month of request is a month when the actual request for a refund is conducted.
You have the right to ask for a refund only in case of problems that are related directly to Shiny Soap. Refunds are not given in case of general computer problems that are not related to Shiny Soap.
Before you ask for a refund, you must inform Shinysoft's customer support department about any issues related to Shiny Soap. You should describe your problem in detail and provide screenshots of error messages and other malfunctions. If Shinysoft's customer support representatives confirm that the software problem cannot be fixed, your refund request will be approved. Our customer support department will calculate the amount of money needed for a refund using a specific algorithm. You can get more details on that by contacting with our customer support.
Shinysoft is not responsible for any independent actions taken by the customer or help from any third parties. If the customer did not follow the instructions, set up wrong preferences or refused to use the customer support service, Shinysoft has the right to decline the refund request.
The customer can have issues with Internet connection or computer that are not related to Shiny Soap, therefore failing to download the software does not imply a refund. If the customer has problems when downloading the software, they must contact Shinysoft's customer support department.
In case a double charge occurs due to circumstances beyond the customer’s control and this fact is confirmed, the company is obliged to approve the refund request.
After the refund is issued, the customer is obliged to uninstall the Shiny Soap software, because further usage of it becomes illegal.
Customers receive refunds within 3 weeks after the decision on refund is made. This time is needed by the bank to process the payment. All processing fees are non-refundable.
The customer has no right to request a refund for additional customer support service orders that had been fully used but the quality was claimed as unsatisfactory, were partly used or were not used at all.
Please pay attention that your subscription will be automatically prolonged upon the end of each subscription period. You can cancel your subscription any time. To learn more about the renewal process contact our customer support.
13. FORCE MAJEURE
Shinysoft shall not bear any obligations under this Agreement if it fails to perform the obligation because of any event beyond Shinysoft’s control. Such events include significant failure of power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events for which precautions are not generally taken in the industry.
This Agreement supersedes all prior oral or written communications and representation related to Shiny Soap or any other subject matter covered by this Agreement. If any of the provisions of this Agreement is held to be void, unenforceable or illegal, other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
At the time of purchase, the software may not include all (or may include different) functionality than advertised. Shinysoft has the right to change the functionality of Shiny Soap without notice after it is purchased and installed. All users must accept all changes made to Shiny Soap and the fact that they may be unable to use some features in case Shinysoft decides to remove them.
All minor updates of Shiny Soap are provided to the users free of charge. Major updates may occur once in 1-2 years. Versions that include these updates are considered as separate programs under new licenses and are charged accordingly.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of Great Britain (English Law), without regard to conflict-of-laws provisions. Any disputes arising out of this Agreement shall be subject to the exclusive venue of the London Court of International Arbitration, London, GB, and the parties hereby consent to the venue and jurisdiction of such court. The parties hereto waive trial by jury with respect to any matters that arise under or are related to this Agreement. Shinysoft, at its sole discretion, reserves the right to amend the specific terms of the Agreement regarding Shiny Soap by updating the End User License Agreement at shinysoap.com/eula. If you do not accept the amended terms, you must stop using Shiny Soap and any other related materials. Your continued use of Shiny Soap after the notice shall be deemed agreement to be bound by such amendment.
17. THIRD-PARTY BENEFICIARY
For all purposes of this Agreement, each third-party licensor of Shiny Soap shall be explicitly deemed an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms and conditions of this Agreement.
18. QUESTIONS OR COMMENTS
Please contact us at shinysoap.com/support in case you have any questions, concerns or suggestions regarding this Agreement.