This End-User License Agreement (the "License" or "Agreement") is between oTweak Software, a limited liability company and the end user ("You").
By clicking the box marked “I agree” or otherwise indicating assent electronically, You consent to be bound by and become a party to this License and You represent that You have the authority to enter into this Agreement.
If you are a consumer, You may only enter into this Agreement or use the Product if You are at least 18 years of age (or the applicable legal age in your country if it is higher than 18). By clicking the box marked “I agree” or otherwise indicating assent electronically, You consent to be bound by and become a party to this License and You represent that You have the authority to enter into this Agreement.
If You do not agree to be bound by all of the terms of this Agreement click the 'Cancel' button and do not install the Product . If You purchased a license to the Product on tangible or intangible media without the opportunity to review this License and You do not accept this Agreement, You may obtain a refund of the amount You originally paid if You (i) do not use the Product and (ii) return it to the vendor from which it was acquired, or to oTweak Software, together with proof of payment within thirty (30) days from the date of purchase. oTweak Software has no obligation to make or cause a refund if the vendor is not authorized by oTweak Software to sell or resell this License or to distribute the Product . For the purposes of this Agreement, "Product" shall mean the software displaying this License, any Upgrade thereof granted during the Term, Documentation and any Copies You are permitted to make under this Agreement, excluding Third Party Software.
oTweak Software recommends that You keep a copy of this Agreement for Your records.
2. Grant of the License
Subject to the terms and conditions of this License, and subject to payment of applicable fees ("License Fee"), oTweak Software grants You a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the Term and solely for Your own private use, three (3) Copies of the Product and related written materials in either printed text or machine readable version (the "Documentation"). Any use of more copies of the Product than are licensed is prohibited. The license for the Product may not be shared by alternating use of the Product between different computers.. These limitations apply even if You receive the Product on multiple media (e.g. electronic download and CD). For the purposes of this Agreement, "Copy" shall include the original installation of the Product . You shall not allow and shall prevent others from making or obtaining copies of the Product.
3. License Restrictions
Unless specifically permitted in terms of this Agreement, You may not (i) copy, reproduce, change, modify, create a derivative work thereof, reverse compile or reverse engineer, disassemble, decompile or otherwise attempt to extract the source code or internal data of the Product or any part thereof; (ii) remove or in any way obscure any ownership or trademark notices on the Product (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise commercially exploit the Product or the Product Documentation; (iv) access the Product to build a similar or competitive product or to publish any performance or benchmark test or analyses relating to the Product (v) circumvent any serial number or any other mechanism used or deployed by oTweak Software to protect the Product against unlicensed use, copying or distribution; (vi) post or otherwise make available, the Product or any portion thereof, including the serial number, on the Internet or other publicly available forum; (vii) export or re-export the Product or any underlying information or technology in violation of the export laws of the United States, the European Union or any other applicable laws or regulations; or (vii) make any use of such Product in any way that violates any applicable law.
4. Licensed Copies and Networks
Any simultaneous storage, maintenance, or use of the Product is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use or to pay an additional fee according to the number of users with access to a network enabling use of the Product by multiple computers simultaneously.
5. Upgrades and Content Updates
oTweak Software may provide You with Upgrades and/or Content Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, "Upgrade" means a new version of the Product containing technical modifications, updated information, altered functionality, or any other changes that are intended by oTweak Software to improve or to add to, delete or otherwise modify any aspect of the Product; and "Content Update" means an update of the content used by the Product that might need to be updated from time to time. Upgrades and/or Content Updates may be provided by oTweak Software via on-line services. The Product may automatically download and install Upgrades and/or Content Updates from time to time. You agree to receive such updates (and permit oTweak Software to deliver these to you) as part of your use of the Product. This License does not otherwise permit You to obtain and use Upgrades and/or Content Updates.
Note: The Product may require Content Updates in order to work effectively.
6. Evaluation Copy
You may be granted an evaluation copy of the Product free of charge (the "Evaluation Copy"). Certain features and/or functionality of the Product may be locked, or be fully or partially unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Product , You must pay any applicable fees and input a valid serial number. Upon such actions being taken, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety. Clauses 1, 3, 9 to 15, and 18 to 21 shall apply equally to an Evaluation Copy.
7. Activation and other Technological Measures
When You acquire a license You will be provided with a serial number. You must activate the Product by entering the serial number as prompted by such Product. There may be other technological measures, including enforcement technology, in the Product that are designed to prevent unlicensed or illegal use. You agree that oTweak Software may use these measures in its reasonable discretion.
The Product cannot be installed and/or activated on any mobile devices, tablets, Linux® or Apple ® based operating systems.
8. Scan Results
Scans conducted with this Product may detect computer errors that occur as a natural consequence of routine use of the Microsoft Windows Operating System, as well as other errors that could have a detrimental effect on the operation of your computer. In some instances, one or more errors identified in the scan may be harmless and will not damage the health, performance, or operation of the computer system. Certain computer errors may consistently reappear and thus will be repeatedly detected by the software. Scans conducted with this Product may also detect one or more files that are harmless, the presence of which will not damage the health, performance, operation, or privacy of your computer system. Scan results highly depend on Your activity conducted on Your computer, such as, installing and uninstalling of software and internet browsing. This might also be the case when using a relatively new Computer. Upon activation of the Product the Product will resolve the issues identified in the Scan results.
The Product is an optimization tool which cleans and optimizes Your Computer. The Product is not and/or is not attempting to act as an anti-virus or malicious file detector software. The Product does not detect viruses, malware, spyware, Trojans, worms or other material security threats to Your computer.
When conducting a scan with this Product, You may get different, similar or identical results when compared to other similar and / or competitor products, due to the fact that results are based solely on the logic of the Product’s scanning engine which is always designed at the sole discretion of the Product’s developer, in this case oTweak Software.
9. Intellectual Property Protection
The Product is protected by copyright, as well as other intellectual property laws both nationally and under international treaty provisions. Notwithstanding anything else, the Product is licensed and not sold. This License does not give You any intellectual property rights in the Product or any Third Party Software, and does not grant You any license, right or interest in any trade mark, trade name or service mark of oTweak Software or any other third party. oTweak Software owns and retains all right, title and interest in and to the Product , all Copies or portions of the Product, and any derivative works thereof. Any Third Party Software or Open Source Software provided with the Product and any trade mark, trade name or service mark therein is the property of their respective owner(s).
You may provide oTweak Software with feedback, suggestions and comments, regarding the use of the Product, including, but not limited to usability, error, compatibility problems, bug reports or desired features (collectively “Feedback”). You agree and understand that oTweak Software is not bound to take action based on Feedback which You may provide. However, in the case that oTweak Software does make use of Your Feedback, You hereby assign to oTweak Software all rights in such Feedback and agree that oTweak Software shall have the right to freely use, modify, share, distribute and communicate such Feedback and related information, for any and all commercial and/or non-commercial purposes, without charge and free of any restriction or obligation. You warrant that any such Feedback you elect to communicate to oTweak Software is not subject to any license or any other third party right. You further acknowledge that You do not have any proprietary rights over the Product or parts thereof which may constitute derivative works following Your Feedback.
11. Limited Warranty
A. oTweak Software takes commercially reasonable efforts to ensure that the Product performs according to the Documentation. However you acknowledge and agree that the Product is provided to You under this License on an "as is" basis, with all faults, and without warranty or representation of any kind except as expressly stated herein. The Product is provided as general purpose software and not for Your particular use. You accept that oTweak Software and its suppliers do not represent or warrant that the Product will meet Your requirements or be error or defect free or that any defects in the operation or functionality of the Product will be corrected. It is therefore your responsibility to ensure that the facilities and functions of the Product as described in the Specifications meet Your requirements.
B. oTweak Software makes no representation regarding Third Party Software which may be accessed through or included with the Product.
C. Where and to the extent that clause 11(a) is held unenforceable by applicable law, oTweak Software warrants that the Product will perform substantially in accordance with the functions described in the Documentation ('Specification') for a period of 60 days from the date of this License ('Warranty Period').
D. If, within the Warranty Period, You notify oTweak Software in writing of any defect or fault in the Product as a result of which it fails to perform substantially in accordance with the Specification, oTweak Software will, at its sole option and Your sole remedy, either (a) repair or replace the Product, or (b) terminate this License by notice in writing to You and refund the License fee that You have paid, in each case provided that You provide all the information that may be necessary to assist oTweak Software in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable oTweak Software to re-create the defect or fault.
E. Except as expressly stated in this License, and to the maximum extent permitted by law, there are no warranties, conditions, or representations of any kind that are binding on oTweak Software, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality, accuracy of data, accessibility, use of reasonable skill and care, or non-infringement of intellectual property rights, which are hereby excluded to the fullest extent permitted by law.
F. Any implied warranties that cannot be excluded are limited to thirty (30) days or to the shortest period permitted by applicable law, whichever is the greater.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL oTweak Software OR ITS SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OR THE INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE IN CONNECTION WITH ANY ASPECT OF THIS SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF oTweak Software OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF oTweak Software OR ITS SUPPLIERS WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT ("LICENSE FEE"). YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations might not apply to You.
You will indemnify and hold oTweak Software harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to Your use of theProduct . Your obligations under this section shall survive the expiration or termination of this Agreement.
You agree that oTweak Software may collect and use information transmitted through the Product to improve its products and services. oTweak Software will NOT collect any personally identifiable information from your computer.
Any personal information pertaining to You, which may be held by oTweak Software (e.g. further to support services provided to You) shall be processed in accordance with the oTweak Software Privacy and Cookies Policy, as it exists at any relevant time. You may access our Privacy and Cookies Policy at any time at http://www.otweak.com/privacypolicy/.
15. Open Source Software
The Product may contain or be provided with components subject to the terms and conditions of 'open source' software licenses ('Open Source Software'). To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software. Any Open Source Software is provided “AS IS” and without any warranty of any kind.
16. Third Party Software
Other third party software may be distributed or offered together with the Product (the "Third Party Software") during installation process or throughout the subscription Term of this Product, as oTweak Software may from time to time determine. Any and all such Third Party Software may require notices and/or be subject to different license terms. Such required Third Party Software notices and license terms, if any, may be accessed in the folder titled "Third Party Terms" located in the application directory of theProduct , or through the Third Party Software itself. By accepting this License Agreement, You are also accepting the license terms, if any, under which the Third Party Software is made available. You will not enter into a contractual relationship with oTweak Software regarding such Third Party Software and oTweak Software accepts no responsibility for Your use of same.
17. Term and Termination
The Term of this License is for a period of one year from the date of purchase except with regards to an Evaluation Copy for which the default term shall be for so long as oTweak Software makes such Evaluation Copy available to You. At the end of the Term, You agree to de-install and destroy or permanently erase all but one copy of the Product within fifteen (15) days of termination or expiration. Following expiry of the Term, some features and functionality of the Product may cease to function or the Product may cease to function altogether. Notwithstanding the above, the License shall automatically terminate if You fail to comply with any of its terms, both during and following the Term of the License, without prejudice to the rights of oTweak Software to compensation for damages in terms of the applicable law. Immediately upon such termination, any license granted hereunder shall terminate and You shall immediately return to oTweak Software or destroy all Copies of the Product in Your possession. The terms of this Agreement which are intended to survive expiration or termination shall remain in effect.
oTweak Software may provide You with support services related to the Product. Any obligation oTweak Software may have to support the previous version of the Product ends upon the expiration of the Term or the termination of the License, whichever is the earlier. Support may not be available in the language in which the Product was acquired.
If Upgrades are granted, such Upgrades may be accompanied by a new License and may be conditional on acceptance of such License.
20. General Provisions
Any rights not expressly granted under this License are being reserved.
This License is the entire agreement between You and oTweak Software with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties.
If any part of this Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions.
Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
oTweak Software may transfer its rights and obligations under this License to another organisation, but this will not affect Your rights or oTweak Software's obligations under this License. You may only transfer Your rights or Your obligations under this License to another person if oTweak Software agrees in writing.
A person who is not a party to this Agreement shall not have any rights to enforce any term of this Agreement.
21. Choice of Law
This Agreement will be governed by and construed under the Laws of United States excluding any conflict of rules of law.
20. Binding Arbitration
IF YOU ARE A UNITED STATES CITIZEN, YOU AGREE TO ARBITRATE DISPUTES WITH oTweak Software AS FOLLOWS: A. Purpose. If You have a Dispute (as defined below) with oTweak Software that cannot be resolved through an informal dispute resolution with oTweak Software, You or oTweak Software may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
B. Definitions. The term “Dispute” means any dispute, claim, or controversy between You and oTweak Software regarding any aspect of Your relationship with oTweak Software, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional or non-intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “oTweak Software” means oTweak Software and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
C. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY oTweak Software IN WRITING WITHIN 30 DAYS OF THE DATE OF YOUR PRODUCT ORDER BY VISITING http://www.otweak.com/support/. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH oTweak Software OR THE DELIVERY OF PRODUCTS OR SERVICES TO YOU BY oTweak Software.
D. Initiation of Arbitration Proceeding/Selection of Arbitrator. If You or oTweak Software elect to resolve Your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-495-4185, www.adr.org under the Commercial Arbitration Rules of the AAA.
E. Arbitration Procedures:
1. Because the License(s), product(s) and/or service(s) provided to You by oTweak Software concern interstate and/or international commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where You receive the product or service from oTweak Software may apply to and govern the substance of any Disputes if for any reason the Choice of Law Provision of this Agreement does not apply. No state statute pertaining to arbitration shall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision shall govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute with oTweak Software. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of the Agreement with oTweak Software, this Arbitration Provision shall govern.
2. A single arbitrator will resolve the Dispute. The Arbitrator shall also have the sole authority to determine whether a Dispute is subject to arbitration in accordance with this Arbitration Provision. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
3. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
4. If an award granted by the arbitrator exceeds $25,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
1. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER oTweak Software CUSTOMERS, OR OTHER PERSONS SIMILARLY SITUATED.
G. Location of Arbitration. The arbitration will take place at a location convenient to You in the area where You purchased the Product
H. Payment of Arbitration Fees and Costs. oTweak Software WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN oTweak Software’S FAVOR, YOU SHALL REIMBURSE oTweak Software FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE oTweak Software FOR ANY OF THE FEES AND COSTS ADVANCED BY oTweak Software. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, oTweak Software WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
I. Severability. If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, You and oTweak Software have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
J. Exclusions from Arbitration. YOU AND oTweak Software AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY oTweak Software THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF PRODUCTS OR SERVICE.
K. Continuation. This Arbitration Provision shall survive the termination of Your Agreement and/or any service(s) with oTweak Software.
21. Venue For All Other Litigation
All disputes arising out of or in relation to this Agreement that (a) do not include a United States citizen as party or (b) involve any claim that is not subject to the arbitration provisions of Section 20 for any reason, including, but not limited to, Your timely notice opting out of Arbitration in accordance with Section 20(C) above, shall be submitted to the exclusive jurisdiction of the Courts of United States, provided however, that oTweak Software retains the right, at its option, to pursue any litigation arising from Your use of the Product in Your national Courts if You are not a citizen of United States.
22. Events Outside Our Control
oTweak Software will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by any act or event beyond oTweak Software's reasonable control (an 'Event Outside Our Control'). If an Event Outside Our Control takes place that affects the performance of oTweak Software's obligations under this Agreement: (a) oTweak Software's obligations under this Agreement will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control; and (b) oTweak Software will use its reasonable endeavours to find a solution by which its obligations under this Agreement may be performed despite the Event Outside Our Control.