Turbo Boost Switcher Pro License Agreement This is the Software License Agreement ("Agreement") for Turbo Boost Switcher Pro. TURBO BOOST SWITCHER PRO LICENSE AGREEMENT CAREFULLY READ THIS LICENSE AGREEMENT. BY BUYING OR DOWNLOADING, INSTALLING, OR USING THE TURBO BOOST SWITCHER PRO SOFTWARE PROGRAM ("PROGRAM" OR “TURBO BOOST SWITCHER PRO“), THE INDIVIDUAL SEEKING TO LICENSE THE PROGRAM ("LICENSEE" OR "YOU") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT BUY, DOWNLOAD, INSTALL OR USE THE PROGRAM, AND YOU DO NOT BECOME A LICENSEE. 1. LICENSE GRANT. As used in this Agreement, "we," "us", "our", and "ours," shall mean Rubén García (rugarciap.com). Licensee is hereby granted a non-exclusive and non-transferable license ("License") to download and use, for personal purposes on Licensee's personal computers only, the executable code version of the Program, provided any copy must contain all of the original proprietary notices. The term Program includes any associated documentation, as well as modified versions and updates. This License does not entitle Licensee to receive hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Program, if any. Licensee may not customize or redistribute the Program, including providing the actual Program executable file. The Program was designed for personal computer users who are interested in a program that allows users to disable / enable a feature called Turbo Boost present on some Intel® computers through the change of MSR register like specified on “Table 34-10. MSRs Supported by Intel Processors Based on Intel Microarchitecture Code Name Sandy Bridge (Contd.) - Intel® 64 and IA-32 Architectures Software Developer’s Manual Volume 3C”. Licensee agrees and understands Intel® may change this in the future causing the app to not function properly, damage computer or change other any other behaviour. Licensee assumes the responsibility of verifying this feature is present on its computer as described before and available to be enabled / disabled by the app as detailed before. The app is not designed nor intended for use in connection with any commercial, manufacturing, machine, or business environment, including, but not limited to, fault-tolerant environments, hazardous environments requiring fail-safe performance, such as in the operation of, for example, weapons systems, power generating facilities, mechanical equipment, aircraft navigation, communication systems, air traffic control, life support machines, or other systems in which the failure of the Program could lead directly or indirectly to economic loss, personal injury, death, physical, environmental, or other damage. Licensee expressly agrees not to use the Program for unintended purposes or any purpose beyond the scope of the License provided herein. Licensee agrees, at its expense, to defend and hold us harmless from any use beyond the Program's intended purposes or License, including, but not limited to, any and all costs, damages and reasonable attorneys' fees resulting from any claim that Licensee's use of the Program has injured or otherwise violated any right of Licensee or any third party or violates any law. 2. RESTRICTIONS. Issued License key code with the download is for one use only in one computer. If the Licensee wants to use it on another one, he/she will need to purchase another copy or remove previous installation prior to transfer its license to another Machine. In order to do that, Licensee might be required to detach its license from its currently assigned machine following the procedure requested to him. After verifying the license and the app has been detached and removed from the old machine, the license will be released to be used on another machine. We also reserve the rights to change this in the future for any reason or no reason. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) copy, modify, or create any derivative works of the Program or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Program (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Program; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Program; or (v) publish any results of benchmark tests run on the Program to a third party without our prior written consent, except for use in reviewing the Program or communicating with other interested users about the Program. 3. TERMINATION. Without prejudice to any other rights, this Agreement may be terminated by us at any time, for any reason or no reason, including if Licensee breaches any of its terms and conditions, in which case this Agreement shall terminate automatically. You may terminate this Agreement by deleting the Program from your computer. Upon termination for any reason, Licensee shall remove all copies of the Program from any computers or other storage devices on which the Program has been stored. 4. PROPRIETARY RIGHTS. Copyright and other law protects this Program and any associated material, and we retain title to and ownership in the copyright of the Program and any associated materials. Licensee acknowledges such ownership and rights and will not take any action to jeopardize, limit, or interfere in any manner with our ownership of or other rights with respect to the Program, which is protected by copyright and other laws and by international treaties. Programs, company names, product names, logos, icons, mottos, and trademarks owned by others and used and/or referenced in the Program, associated documentation, or related websites may be copyrighted, trademarked or registered trademarked, or otherwise protected, by their respective owners, and we make no claim of ownership with respect to any such intellectual property. 5. DISCLAIMER OF WARRANTY. THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE WITHOUT ERROR OR ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING, REGARDLESS OF ANY KNOWLEDGE OF LICENSEE'S PARTICULAR NEEDS OR USES. LICENSEE'S USE OF THIS PROGRAM IS AT ITS SOLE RISK, AND THE ENTIRE RISK AS TO THE QUALITY, USE, AND PERFORMANCE OF THE PROGRAM, AS WELL AS ANY OTHER POSSIBLE RISK, FORESEEN OR UNFORESEEN, IS BORNE BY LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE IN ANY RESPECT, LICENSEE ASSUMES THE ENTIRE COST OF ANY SERVICE, CORRECTION, OR REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. WE MAKE NO WARRANTY WHATSOEVER, INCLUDING THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE PROGRAM, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PROGRAM WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. 6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, CONSEQUENTIAL, PERSONAL INJURY AND/OR BODILY HARM DAMAGES SOUGHT AND/OR CLAIMED BY LICENSEE OR THIRD PARTIES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, SAVINGS, OR OPPORTUNITIES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, CORRUPTION OF DATA OR OTHER SOFTWARE, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PASSWORDS, SERIAL NUMBERS, OR ANY OTHER TYPE OF DATA, AND/OR ANY AND ALL OTHER COMMERCIAL OR NON-COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, OR FOR ANY CLAIM BY ANY OTHER PARTY. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PROGRAM AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. 7. EXPORT CONTROL. Licensee agrees to comply with all export laws and restrictions and regulations of international agencies or authorities, and to not use, transfer, ship or export or re-export the Program in violation of any such restrictions, laws or regulations, or without all necessary approvals. 8. PRIVACY. In order to function properly, the license severs may store information only about the license key assigned to your purchase and the email used to do it. The app will never collect any information about your personal data, payment method and no other information more than the detailed before (email + license key). By puarchasing the app you agree implicitly to this but, in any case, you can send an email to tbswitcher@rugarciap.com so this data can be removed, causing your license to terminate inmediatly and the app to stop working (the app verifies your license key from time to time against license servers). No refund will be issue in this case. 9. REFUND POLICY. Software PRO version is non-refundable. Turbo Boost Switcher is available on a free version and the PRO one was conceived to support its development, so you can download to ensure that you can fully experience it prior to making your purchase. We encourage you to review the documentation and try the software prior to making your purchase to ensure that it meets your requirements. Some exceptions might apply, but only within 7 days of your purchase. Refunds requested more than 7 days after your initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase. In any case, refunds will be only issued after verifying the software was destroyed and license key has properly being disabled and properly unregistered from the computer it was used. In case you are issued a refund, it should appear on your credit card statement within 7 to 10 business days. Upon receiving a refund you shall cease all use and destroy all copies, full or partial, of the Software for which you no longer possess a valid, purchased license. We reserve the right to disable any product keys and/or serial numbers issued to you for the refunded products. 10.- LAW AND APPLICABLE JURISDICTION: For any controversies that may arise in the interpretation or compliance with these Terms of Use, as well as those derived from the use of the service, both parties agree that the Courts and Tribunals of Vigo - Pontevedra (Spain) will be competent. © 2013 by rugarciap.com