Terms and Conditions

RemoteToPC Terms of Use

 

(“RemoteToPC”,“us”, or “we”) provides in connection with the RemoteToPC website, located at https://RemoteToPC.com (the “Website”), products and services related to RemoteToPC’s proprietary screen sharing technology and remote monitoring technology (collectively, the “RemoteToPC Products”), access to a platform to facilitate communication, support and training and computer monitoring between our Customers and their computers, customer or company computers (Utilizing the “RemoteToPC  Command Center”). As used herein, “RemoteToPC Services” means the RemoteToPC Products, the RemoteToPC Command Center, the Website itself, and any other features, content, services, or applications offered from time to time by us in connection with the RemoteToPC Products, the RemoteToPC Command Center and the Website.

These Terms of Use (“Terms of Use” or “Agreement”), together with the RemoteToPC privacy policy (the “Privacy Policy”) that can be found here and which are hereby incorporated by reference, set forth the legally binding terms for your use of the RemoteToPC Services. Your use of any software that is made available to you by RemoteToPC through the RemoteToPC Services is subject to the license agreement accompanying such software, as further described below. If you use additional products and services that RemoteToPC offers in connection with the RemoteToPC Services, these additional products and services may be governed by additional terms and conditions and we will inform you accordingly when you sign up for these additional products and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference. By accessing and using the RemoteToPC Services, you agree to comply with and be bound by this Agreement, whether you are a “Visitor” (meaning you are simply browsing the Website) or are a “User” (meaning that you have registered with us and set up an Account as set forth below). If you are an individual using the RemoteToPC Services on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.

Please read this Agreement carefully before accessing, purchasing, or using the RemoteToPC Services or parts thereof. This Agreement is a legally binding agreement between you (the individual using the RemoteToPC Services or the company (if any) for which they are used) and RemoteToPC.  By proceeding to establish an Account, using the RemoteToPC Services, or purchasing RemoteToPC Products, you agree to be bound by the terms and conditions of this Agreement.

1.                 Your Account

In order to use and order RemoteToPC Products or to participate in certain RemoteToPC Services (and to become a User), you must create an account with RemoteToPC by trying or buying any of our products or services.

1.1             Eligibility. By creating an Account and/or using the RemoteToPC Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are of sufficient legal age in your jurisdiction to create binding legal obligations, but in no event less than (18) years of age; and (d) your use of the RemoteToPC Services will not violate any applicable law or regulation or the terms of this Agreement.

1.2             Password.  When you sign up to become a User, you will be asked to choose a login and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the Account, login, or password of any other User at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.  You are solely responsible for any and all use of your Account and/or your password.

 (a)              Upon using or licensing any fee-bearing RemoteToPC Services, you will be responsible for the payment of any applicable fees and charges, and shall pay such fees to RemoteToPC.  The fees RemoteToPC charges for the respective RemoteToPC Service shall be described in this Agreement or posted at https://RemoteToPC.com, and RemoteToPC reserves the right to change the fees from time to time in its discretion and will post notices of all such changes on the Website. Any circumvention or manipulation of, and any attempt to circumvent or manipulate, the fee structure for the RemoteToPC Services, the process of billing such fees, and the payment thereof, will constitute a material breach of the Agreement.

(b)              Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the RemoteToPC Services in a timely manner with a valid payment method. If your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms. (This includes charging payment methods on file with us, retaining collection agencies and legal counsel, and for Accounts over ninety (90) days past due, suspending or terminating your Account.)

1.4             Term and Termination.  This Agreement shall remain in full force and effect for any period of time in which you are either a Visitor or a User. You may terminate your Account at any time and for any reason by providing notice of termination to RemoteToPC through any of the following means: by issuing an email to Customer Support Notice will be deemed given five (5) days after such notice is transmitted. RemoteToPC may terminate your Account and/or stop providing the RemoteToPC Services to you if (a) RemoteToPC, in its sole discretion, believes that you are in breach of this Agreement; (b) RemoteToPC decides, in it sole discretion, to stop providing the respective RemoteToPC Services; or (c) for any or no reason by giving you thirty (30) days notice by sending an e-mail to you at the e-mail address that you have provided for your Account.  If you terminate your Account, RemoteToPC has no obligation to refund you any fees.  If RemoteToPC terminates your Account without cause, RemoteToPC will refund you a pro rata portion of any fees that you have paid for the terminated Account.  You understand that any termination of this Agreement and/or your Account may involve deletion from our live databases of the information you provided in connection with your Account. RemoteToPC will have no liability whatsoever to you for any termination of your Account or the RemoteToPC Services, or any deletion of any information you have provided to RemoteToPC.  RemoteToPC may modify, suspend or discontinue the RemoteToPC Services at any time, for any reason, in its sole discretion.  Any provision that by its nature is intended to survive the termination of this Agreement shall survive any termination.

1.5              Account not transferable.   You agree not to (a) use the Account, login, or password of any other User at any time, (b) allow or enable any third party to use your Account, login, screen name, or password, or (c) sell, rent, borrow, or otherwise transfer your Account, temporarily or permanently, to any third party. Any violation of this Section 1.5 will constitute a material breach of the Agreement.

2.                 Proprietary Rights

2.1             Website Content: License and Ownership.  The documents and other information and content available on the Website (the “Website Content”) are protected by copyright laws throughout the world and you acknowledge that all intellectual property rights in the RemoteToPC Services and the underlying technology, and all Website Content (including, without limitation, ratings and track records for Users and Compueters) are owned by RemoteToPC and its licensors.  RemoteToPC hereby authorizes you to download, view, copy and print documents and graphics in the Website Content subject to the following: (a) the Website Content may be used solely for personal and informational purposes and to support your use of the Software; and (b) the Website Content may not be modified or altered in any way.  No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.  You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Website Content in whole or in part without the express authorization of RemoteToPC.  Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of RemoteToPC or any third party.

2.2             Software.  Any software that is made available by RemoteToPC to download from the RemoteToPC Services is the copyrighted work of RemoteToPC or other indicated third parties (“Software”).  Software that is designated on the Website as being proprietary to or provided by RemoteToPC is referred to herein as “RemoteToPC Software.” RemoteToPC Software is licensed not sold and is subject to the RemoteToPC end user license agreement which accompanies the RemoteToPC Software.  You must accept the end user license agreement to install or use the RemoteToPC Software.  All rights, title and interest not expressly granted are reserved by RemoteToPC.  Some Software on the Website maybe designated as originating from third parties, including shareware, freeware, open source software, and other software made available to you via FTP download (“Third Party Software”).  RemoteToPC has no responsibility to you for Third Party Software.  Third Party Software may be subject to license agreements and other terms and conditions of such third parties that accompany the Third Party Software, and you agree to abide by such terms.  Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software. In particular, if the Third Party Software is subject to the GNU General Public License (GPL), nothing in this Agreement restricts your right to copy, modify, and distribute such Third Party Software. Applicable licenses, source code, attributions, and/or other information regarding any such Third Party Software may be found at the end of this Agreement. RemoteToPC has no obligation to provide support, maintenance or other services in connection with Third Party Software.

3           Limited  Role of RemoteToPC.  You agree and acknowledge that (a) RemoteToPC is not a party to any Remote Support Agreement and that the Remote Support Agreement is solely between you and another party, (b) RemoteToPC is not responsible or liable to you or any other party in connection with any Remote Support Session, help or Remote Monitoring Agreement, and any loss of data or damage or destruction of any data, software, or hardware in connection with a Session, (c) RemoteToPC has no obligations to enforce any Remote Support, or Remote Monitoring Agreement or to provide any information or documents to any party in connection with a Support Agreement, and (d) any Support Agreement that you enter into with another party. You acknowledge that RemoteToPC does not verify the information provided by, and the identity of, Users that create Accounts with the RemoteToPC Services and that RemoteToPC therefore cannot be held liable if any such information or identity, is incorrect or incomplete.

 (a)               Legality.  No User will, in connection with a Session, intentionally or willfully violate any applicable law or regulation.

4             RemoteToPC Service Fees.  You agree to continue pay for the services of RemoteToPC that you agreed to when you purchased the service until you either upgrade or terminate your account. RemoteToPC sells services that come with monthly or annual renewals. You agree that RemoteToPC can continue to bill the credit card that you entered upon purchasing RemoteToPC services. You agree to update your credit card if it expires, and if you do not update your credit card then RemoteToPC may shut off your account, and access to any computers that you are monitoring until the credit card is updated, and we have been able to bill you for your services.

(a)            No Chargebacks. Customer shall not issue Chargebacks for any payments made to RemoteToPC “Chargeback” means a reversal of a payment by credit card or other payment method in which (x) the credit card issuer or payment provider credits the amounts charged to the account of a Customer in connection with receiving Technical Services to such account after the Customer successfully disputes the transaction; and (y) the credit card issuer or payment provider deducts such amounts from RemoteToPC’s account with the credit card issuer or payment provider, regardless of whether RemoteToPC consented to such credit.

(b)            RemoteToPC will remit refunds to Customers not earlier than forty-eight (48) hours after RemoteToPC received any payments from the Customer and only if Customer has requested a refund, and we have agreed to refund the payment.

5.                 Acceptable Use and Conduct

You are solely responsible for any and all support or monitoring that you provide through your Account on the RemoteToPC Services or during a Session, including any e-mail, and for your interactions with any other party, including in connection with a Session.

5.1             Prohibited Content.  You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes Content that: (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) bullies, defames, harasses or advocates stalking, bullying, or harassment of another person; (c) involves the transmission of “junk mail”, “chainletters,” or unsolicited mass mailing, or “spamming”; (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) infringes another person’s Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (f) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (g) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (h) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (i) solicits passwords or personally identifying information for commercial or unlawful purposes from other users; (j) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (k) contains viruses, Trojan horses, worms, time bombs, or similar software; or (l) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (1) you own the Content posted by you through the RemoteToPC Services or otherwise have the right to grant the license set forth in this Agreement and (2) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.

5.2             Breach.  Any use of the RemoteToPC Services in violation of this Agreement may result in, among other things, immediate termination or suspension of your rights to use the RemoteToPC Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, customers, and other parties, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.

5.3             Enforcement by Us.  We have the right (but not the obligation) to review any activity that in our sole judgment violates this Agreement, or may otherwise threaten the safety of, or harm any other person, or create liability for us or any other person.  We reserve the right (but have no obligation) to investigate and take appropriate action, including without limitation, terminating your membership, reporting you to law enforcement authorities, in our sole discretion if you violate this provision or any other provision of this Agreement.

5.4             Limited Commercial Use.  You acknowledge and agree that you may use the RemoteToPC Services for commercial purposes solely in connection with providing, technical and information technology support, software and application support, training and education instruction services related to software and computer hardware, and training and trouble shooting services relating to peripheral devices attached to a Customer’s computer, to Customers through the RemoteToPC Services (“Technical Services”) or in connection with other services that are specifically approved in writing by us.

5.6             Spam; Solicitation.  You represent and warrant that you will (a) not use the Website to generate or distribute spam, or unsolicited emails for recruitment or advertising purposes; (b) not harvest any email addresses from the Website for the purpose of sending email in violation of applicable law; (c) comply with all applicable laws with respect to any collection, use, or disclosure of personal data, and email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdiction. RemoteToPC may terminate your account and/or stop providing the RemoteToPC Services to you if you breach this Section 5.6.

5.7             Miscellaneous.  You will not attempt to impersonate another Visitor, User, or person, including any of our employees.  You will use the RemoteToPC Services in a manner consistent with any and all applicable laws and regulations.

6.                 Other Users and Third Parties

6.1             Third Party Content.  Content from other Users and third parties will be made available to you through the RemoteToPC Services (including, without limitation, in connection with Sessions). Because we do not control such Content, you agree that we are not responsible for any such Content. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, inappropriate, or unlawful Content made available by other Users, and third parties.

6.2             User and Visitor Interaction.  You will not use any Content or other information obtained from the RemoteToPC Services or in connection with a Session in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Visitor or User without their prior explicit consent.  In order to protect our Visitors and Users from such advertising or solicitation, we reserve the right to restrict the number of communications which a User may send to other Users and the sharing of any Content in any twenty-four (24) hour period to a number and amount which we deem appropriate in our sole discretion.

6.3             Dispute with other Users or Visitors.  If there is a dispute between you and any third party (including any Visitor or User) in connection with the RemoteToPC Services (including, without limitation, in connection with a Session or support Agreement or any consideration for Technical Services), we are under no obligation to become involved, unless otherwise provided herein; however, we reserve the right, but have no obligation, to monitor disputes between you and any such party.

6.4             Third-Party Websites.  The RemoteToPC Services might contain links to third-party websites (each, a “Third-Party Website”) (a) placed by us as a service to those interested in this information. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website.  We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. The Website may include hyperlinks to websites not controlled by RemoteToPC, and access to content, products and services from third parties.  RemoteToPC is not responsible for the availability of, and any content on those websites to which it provides links.  RemoteToPC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.  You agree that RemoteToPC is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that RemoteToPC is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.

7.                 Copyright Policy

It is our policy to terminate membership privileges of any User who repeatedly infringes any copyright, after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on the RemoteToPC Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c)  a description of where the material that you claim is infringing is located on the RemoteToPC Services; (d) your address, telephone number, and e-mail address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

Remote Systems Management, LLC.
6340 Lake Worth Blvd. #232
Ft Worth TX 76135
8.                 Security

Security is a high priority for us, and we make reasonable efforts to protect your Account and data through the design of the RemoteToPC Services as well as through technical means, including the use of encryption and firewalls.  However, no company, including RemoteToPC, can fully eliminate security risks connected to handling data on the internet and you acknowledge, understand and agree that RemoteToPC therefore cannot and does not guarantee the security of your data while it is transmitted over the Internet or stored on the RemoteToPC Services.

 9.                 Disclaimers

THE REMOTETOPC SERVICES, ANY RELATED SOFTWARE, INCLUDING THIRD PARTY SOFTWARE,  AND ALL OTHER MATERIALS ARE PROVIDED “AS-IS”. REMOTETOPC AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE, REMOTETOPC SERVICES, VERIFIED HELPERS, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY REMOTETOPC, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ANY OF REMOTETOPC’S SUPPLIERS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. REMOTETOPC MAKES NO WARRANTY THAT:  (A) THE REMOTETOPC SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE REMOTETOPC SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND MALICIOUS CODE-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REMOTETOPC SERVICES WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10.                 Limitation on Liability

YOU WILL NOT HOLD REMOTETOPC RESPONSIBLE FOR YOUR INABILITY TO CONNECT TO OR WORK ON ANY COMPUTERS THAT YOU INSTALL OUR SOFTWARE ON, NOR WILL YOU HOLD REMOTETOPC RESPONSIBLE FOR ANY MONITORING, NOTIFICATIONS, OR FAILURE TO NOTIFY YOU OF ANY ALERTS, OR CRITICAL SYSTEM STATES THAT YOUR ARE NOT NOTIFIED OF.

IN NO EVENT SHALL REMOTETOPC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE REMOTETOPC SERVICES, EVEN IF REMOTETOPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REMOTETOPC’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE REMOTETOPC SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50) AND THE AMOUNTS YOU PAID TO REMOTETOPC IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

11.             General

11.1         Amendments.  This Agreement may be modified by us from time to time.  If we make material changes to the Agreement, we will notify you by sending an e-mail to the e-mail address you provided to us in connection with your Account, or by other means.  You agree that such amended Agreement will be effective fourteen (14) days after notice is sent to you, and your continued use of the RemoteToPC Services after that time shall constitute your acceptance of the amended Agreement.

11.2         Force Majeure.  Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

11.3         Indemnity.  You agree to defend, hold harmless, and indemnify RemoteToPC, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your use of the RemoteToPC Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement, and (b) any of your actions in connection with Sessions in which you participate, either as a Helper, or a Customer.

11.4         Relationship.  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11.5         U.S. Export Controls. You shall not download any Software or technical data from the RemoteToPC Services or otherwise export or re-export such items in violation of U.S. export laws.  By downloading or using any Software or technical data, you represent and warrant that such download or use is not in violation of any such law.

11.6         Release.  To the maximum extent permitted by applicable law, you hereby release RemoteToPC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, directly or indirectly arising out of or in any way connected with RemoteToPC software, it’s functions, failures, bugs connections, or lack of connections notifications or failure to notify, or any damages your  customers or any third parties may claim.

11.7         Governing Law and Venue.  This Agreement shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.  You and RemoteToPC agree to submit to the jurisdiction of, and agree that venue is proper in, the state and federal courts located in Tarrant County, Texas. Notwithstanding the foregoing, RemoteToPC may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

11.8         Other. This Agreement constitutes the entire agreement between you and RemoteToPC regarding the use of the RemoteToPC Services. RemoteToPC’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact RemoteToPC with any questions regarding this Agreement by sending an e-mail to: customersupport@RemoteToPC.com.

11.9     Copyright/Trademark Information.  Copyright © 2014, RemoteToPC, Inc. All rights reserved. The trademarks, logos and service marks (“Marks“) displayed on the RemoteToPC Services are RemoteToPC’s property or the property of other third parties. You are not permitted to use these Marks without RemoteToPC’s prior written consent or the consent of such third party which may own the Marks.

This Agreement was last updated in October 2016.

 

 

APPENDIX A – GNU GENERAL PUBLIC LICENSE

The host side download from RemoteToPC.com web service includes unmodified executable program (TVNSERVER.EXE) from TightVNC.

VNC (Virtual Network Computing) on the host side software makes it possible for our viewer side computer to view and fully-interact with the host computer or mobile device. RemoteToPC.com makes it possible for VNC to operate when either or both of the computers are situated behind restrictive firewalls.

VNC is available for general use under the conditions of the GNU General Public License. You should be aware of the terms and conditions of this licence, which is also contained in the distribution itself.

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330 , Boston , MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation’s software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors’ reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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