Thank you for trying out Herdict for PC Health!
Herdict is a voluntary, participant-based software application run by the BCIS Center for Internet and Society at Harvard Law School. ("BCIS"). Herdict for PC health software records data about your PC's health, sends the data to a centralized server at the Berkman Center for Internet & Society at Harvard University, and presents the aggregated data back to you and other users. (PC Health) By downloading and using PC Health you agree to be bound by the following terms and conditions (the "Terms and Conditions").
Non-commercial Use Only
PC Health is made available to you for your non-commercial use only. If you want to make commercial use of PC Health, including but not limited to selling or distributing PC Health for payment, you must enter into an agreement with BCIS or obtain BCIS's written permission in advance.
Prohibited Actions
You may not distribute, modify, copy, license, or create derivative works from PC Health unless you obtain BCIS's written permission in advance. If you wish to do any of the above, please contact us by e-mailing info@herdict.org.
Privacy Policy
As a condition to using PC Health, you agree to the terms of the
Berkman Center Privacy Policy and the
PC Health Privacy Notice as they may be updated from time to time.
Intellectual Property
You acknowledge that BCIS or its licensors own all right, title and interest in and to PC Health, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law and any and all other proprietary rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from PC Health, or to extract significant portions of PC Health's files for use in other applications. You also agree to not remove, obscure, or alter BCIS's or its licensors' copyright notice, trademarks, or other proprietary rights notices affixed to or contained within PC Health.
Feedback
If you have comments on PC Health or ideas on how to improve it, please email info@herdict.org Please note that by doing so, you also grant BCIS and its licensors permission to use and incorporate your ideas or comments into PC Health without further compensation.
Changes to Terms and Conditions
BCIS reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at
http://www.herdict.org/PCHealthTerms.jsp (or such successor URL as BCIS may provide), so that you will be appraised of any changes.
Disclaimer of Warranties
BCIS and its licensors disclaim any responsibility for any harm resulting from your use of PC Health. PC HEALTH IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BCIS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BCIS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF PC HEALTH. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE PC HEALTH AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF PC HEALTH. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BCIS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF PC HEALTH SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BCIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PC HEALTH, FROM INABILITY TO USE PC HEALTH, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PC HEALTH (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the conflict of laws provisions of Massachusetts or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions and Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by BCIS.
Termination
If you wish to terminate this agreement, you may simply cease using PC Health and follow the uninstall instructions. BCIS reserves the right to terminate this agreement and your use of PC Health at any time.