END-USER LICENSE AGREEMENT FOR Mikes PC Service REMOTE SUPPORT SERVICE


IMPORTANT – READ CAREFULLY

THIS END-USER LICENSE AGREEMENT (EULA) FORMS A LEGAL AGREEMENT BETWEEN YOU AND Mikes PC Service, LLC. FOR THE USE OF OUR REMOTE REPAIR AND SUPPORT SERVICES.


Authorization - By downloading, installing, accessing or using the Software, you represent that you are receiving remote PC support from a person who is authorized by Mikes PC Service to provide the support..


WARNING! By downloading or installing the Software, you will permit others to remotely access your server, workstation or PC. You are solely responsible and wholly liable for ensuring that the person accessing your server, workstation or PC has your authorization to do so. You are also solely responsible and wholly liable for the confidentiality and security of your data, software and hardware. You agree that Mikes PC Service is not responsible or liable for situations where your data, software and hardware is accessed by third parties with or without your authorization or through improper, illegal or illicit means, including, without limitation, situations where data, software and hardware owned by you is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Mikes PC Service at the time) which may exist in the Software or the equipment used to provide the Software hosting services.


Scope of Use - The software used to provide said remote support is protected by its author under the GNU public license. This software is provided to you by Mike's PC Service for the sole purpose of providing support when a visit to our shop is not needed.


Restrictions - You agree not to use the Software for improper, illegal or illicit means, including, without limitation, accessing data, software or hardware without express authorization.

No Warranty/Limitation of Liability - The software is protected under the GNU public license and any claim to fitness or merchantability should be address with the author. We provide no guarantee that the service provided will repair your issue and an in-house visit may be required to complete the repair process should you choose to continue. If the reason for an office visit is not found to be the fault of Mike's PC service the remote support session may still apply.


Mikes PC Service’s TOTAL LIABILITY IN THE AGGREGATE TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION
WITH THE SOFTWARE WILL BE LIMITED TO THE AMOUNT PAID FOR SERVICE. IN NO EVENT SHALL Mikes PC Service HAVE ANY LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR INABILITY TO USE THE SOFTWARE, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS OR DAMAGES OCURING BY ANY REMOTE ACCESS ASSISTANCE, ARISING IN ANY WAY OUT OF THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT Mikes PC Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA ACCESSED, TRANSMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS DONE AT THE YOUR OWN RISK AND THAT Mikes PC Service HAS NO LIABILITY TO YOU OR ANY THIRD PARTY FOR AND YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT TRANSMITTED THROUGH USE OF THE SOFTWARE AND/OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SOFTWARE.


Critical Control Applications - Mikes PC Service specifically disclaims any liability for use of the Software in critical control applications (including, for example only, safety or health care control systems, nuclear energy control systems, security systems, or air or ground traffic control systems) by you, and such use is entirely at the user’s risk. You agree to defend, indemnify, and hold Mikes PC Service harmless from and against any and all claims arising out of use of the Software in such applications by or through you.


System Control - You agree to allow a Mike's PC Service representative to have total un-interupted control during the support session. If there is a situation in which you must interupt the control of the support session you agree that the session fee continues to calculate.


General Provisions - If any of the terms, or portions thereof, of this EULA are invalid or unenforceable under any applicable statute or rule of law, the court will reform the contract to include an enforceable term as close to
the intent of the original term as possible; all other terms will remain unchanged. The waiver or failure of either party to exercise in any respect any right provided for in this EULA will not be deemed a waiver of any further or
future right under this EULA. This EULA will inure to the benefit of, and are freely assignable to, Mikes PC Service's successors and assignees of rights in the service. This EULA is governed by and construed in accordance with the
laws of State of Missouri, without regard to its conflict of law provisions, and the United States, including trademark, patent and copyright laws, without reference to the United Nations Convention on Contracts for the International
Sales of Goods. The exclusive venue for all cases arising out of or related to this EULA will be the federal and state courts in the State of Missouri.


Entire Agreement - This EULA constitutes the entire agreement between you and Mikes PC Service relating to the Service, and any additions to, or modifications of, the EULA will be binding upon Mikes PC Service only if in writing and signed by a duly authorized officer of Mikes PC Service.