NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY
Last Updated: September 4, 2022
Effective Date: September 6, 2022
These are the End User License Agreement ("EULA") and Terms of Service ("TOS") for SpyHunter 5 (on the market since June 2018) hereinafter from time to time called "SpyHunter Basic" and SpyHunter for Mac (on the market since April 2020), as well as for the new software product from EnigmaSoft Limited available starting in September 2022 available for Windows OS and called "SpyHunter Pro." SpyHunter Pro, SpyHunter Basic, and SpyHunter for Mac are hereinafter collectively and, at times, interchangeably called from time to time "Product" (collectively) or "Products" or "Software" (collectively) or "Services".
SpyHunter Basic (also known from time to time, as noted above, as SpyHunter 5) generally consists of the following features/components/apps and is available only directly as specified herein:
SpyHunter for Mac generally consists of the following features/components/apps and is available only directly as specified herein:
SpyHunter Pro (Windows) generally consists of the following components/apps and is available only directly as specified herein:
SpyHunter Basic, as noted above, has fewer and more limited features/components than SpyHunter Pro.
SpyHunter for Mac is for macOS systems.
The use of and/or purchasing of SpyHunter Basic does not entitle you to the use of SpyHunter Pro.
Each of SpyHunter Basic and SpyHunter Pro are comprised of the above products and/or features in fully integrated products as described above and below throughout this Agreement.
This Agreement is between you and EnigmaSoft (referred to herein as "we," "us," or "our").
IMPORTANT: PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING ALL OR ANY PORTION OF THE PRODUCTS, SERVICES, SOFTWARE OR WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH INCLUDE THE LIMITATIONS ON USE CONTAINED IN SECTION 3; LIMITATIONS ON LICENSE TRANSFERABILITY IN SECTION 9; THE LIMITED WARRANTY IN SECTION 11; THE DISCLAIMER OF WARRANTY AND LIMITATIONS ON LIABILITY IN SECTIONS 12 AND 13; THE EXCLUSIVE DISPUTE RESOLUTION PROVISIONS IN SECTION 15; THE ENIGMASOFT PRIVACY POLICY/COOKIES POLICY https://www.enigmasoftware.com/enigmasoft-privacy-policy/; AND THE ENIGMASOFT DISCOUNT TERMS https://www.enigmasoftware.com/enigmasoft-discount-terms/.
IF YOU CANNOT OR DO NOT AGREE TO ALL TERMS OF THE AGREEMENT, DO NOT USE THE SOFTWARE AND IMMEDIATELY DELETE IT FROM YOUR COMPUTER.
GENERAL SUMMARY OF CHANGES
THIS AMENDED EULA/TOS IS REVISED TO MAKE IT APPLY IN VARIOUS DISTINCT WAYS TO SPYHUNTER 5 (GOING FORWARD SOMETIMES REFERRED TO AS “SPYHUNTER BASIC”) AND SPYHUNTER FOR MAC – AS WELL AS TO THE ENIGMASOFT NEW “SPYHUNTER PRO” PRODUCT, NEWLY AVAILABLE AS OF SEPTEMBER 2022. THIS AMENDED EULA/TOS ALSO CONTAINS REVISIONS TO NOTE THAT THE SUBSCRIPTION TIME PERIODS FOR INITIAL SUBSCRIPTIONS AND/OR AUTO-RENEWALS OF SPYHUNTER PRO, SPYHUNTER BASIC, AND SPYHUNTER FOR MAC SHALL BE SET FORTH IN DETAIL IN OUR PURCHASE PAGES, REGISTRATION PAGES, CONFIRMATION PAGE/EMAILS, AND/OR OTHER SOFTWARE OFFERING MATERIALS (AS OPPOSED TO BEING LISTED IN THIS AGREEMENT – AND SUCH SUBSCRIPTIONS AND/OR AUTOMATIC RENEWAL PERIODS ARE EXPRESSLY INCORPORATED HEREIN AS IF FULLY SET FORTH HEREIN AND AS GENERALLY DESCRIBED BELOW). ADDITIONALLY, THESE REVISIONS FURTHER CONFIRM ENIGMASOFT'S "DOS AND DON'TS" POLICIES. IN ADDITION, PROVISIONS PERTAINING TO USERS CONTENT (AS DEFINED BELOW), AS MAY BE APPLICABLE FROM TIME TO TIME, HAVE BEEN ADDED.
DESCRIPTION OF SPYHUNTER PRODUCTS IN GENERAL (FOR SPECIFIC FEATURES OF SPYHUNTER PRO, SPYHUNTER BASIC, AND SPYHUNTER FOR MAC)
PRODUCTS ARE ADAPTIVE MALWARE DETECTION AND REMOVAL APPLICATIONS THAT PROVIDE PROTECTION AGAINST MOST SPYWARE THREATS, MALWARE, TROJANS, ROOTKITS, OTHER MALICIOUS SOFTWARE, AND POTENTIALLY UNWANTED PROGRAMS.
THREAT ASSESSMENT CRITERIA CAN CHANGE AT ANY TIME. ENIGMASOFT USES REASONABLE COMMERCIAL EFFORTS, INCLUDING BOTH HUMAN AND ALGORITHMIC ANALYSES, AND RELIES ON ITS REASONABLE BELIEFS, EXPERIENCE, AND JUDGMENT IN EVALUATING POTENTIAL THREATS AND/OR ITEMS ACCORDING TO ITS THREAT ASSESSMENT CRITERIA AND IN DETERMINING HOW POTENTIAL THREATS AND/OR ITEMS WILL BE IDENTIFIED, CLASSIFIED, DETECTED, TREATED, OR LISTED IN PRODUCTS. PRODUCTS MAY NOT NECESSARILY IDENTIFY ALL THREATS UNDER THE THREAT ASSESSMENT CRITERIA IN THE SAME MANNER AS OTHER ANTI-MALWARE, ANTI-VIRUS, OR REMEDIATION PROGRAMS. PRODUCTS MAY NOT LIST POTENTIAL THREATS AND/OR ITEMS THAT OTHER ANTI-MALWARE, ANTI-VIRUS, OR REMEDIATION PROGRAMS LIST AND MAY LIST POTENTIAL THREATS AND/OR ITEMS THAT OTHER ANTI-MALWARE, ANTI-VIRUS, OR REMEDIATION PROGRAMS DO NOT. BY DOWNLOADING, INSTALLING AND/OR USING SPYHUNTER PRO AND/OR SPYHUNTER BASIC AND/OR SPYHUNTER FOR MAC, YOU INDICATE THAT YOU UNDERSTAND AND AGREE TO THESE POINTS AND PRACTICES CONCERNING SPYHUNTER PRO, SPYHUNTER BASIC AND SPYHUNTER FOR MAC'S APPLICATION OF THREAT ASSESSMENT CRITERIA.
CERTAIN FEATURES OF PRODUCTS' SCAN AND DIAGNOSE MODE AND (POSSIBLY) REMEDIATION MODE MAY FROM TIME TO TIME BE AVAILABLE WITHOUT PURCHASE OF A SUBSCRIPTION DEPENDING ON OFFERS OR PROMOTIONS ENIGMASOFT MAY FROM TIME TO TIME MAKE AVAILABLE TO USERS AND/OR CUSTOMERS. HOWEVER, PURCHASE OF A SUBSCRIPTION IS REQUIRED TO ACTIVATE CONTINUOUS, ACTIVE FULL-TERM SUBSCRIPTION-BASED SERVICES WITH FULL FUNCTIONALITY, INCLUDING FULL REMEDIATION OR REMOVAL OF SPYWARE, MALWARE, THREATS AND OTHER ITEMS PURSUANT TO A FULLY PAID SUBSCRIPTION.
A SHORTCUT WILL BE INSTALLED TO YOUR DESKTOP, AND THE PRODUCT WILL BE CONFIGURED TO LOAD AUTOMATICALLY ON STARTUP, TO HELP PROVIDE FULL PROTECTION.
FOR SPYHUNTER PRO AND SPYHUNTER BASIC, AS PART OF THE INSTALLATION PROCESS, THE SOFTWARE WILL INSTALL SOME OF ITS FILES TO A STATIC PATH: "C:\SH5LDR". THE FILES INSTALLED TO THIS LOCATION ARE RELATED TO THE SOFTWARE'S COMPACT OS — A CUSTOMIZED MINIMAL OPERATING SYSTEM DESIGNED TO REMEDIATE PERSISTENT MALWARE ITEMS AT A VERY LOW LEVEL OF THE SYSTEM. IF YOU DECIDE TO UNINSTALL THE SOFTWARE, THESE FILES WILL BE REMOVED DURING THE UNINSTALLATION PROCESS.
PLEASE NOTE THAT IN ORDER TO EFFICIENTLY COMBAT SPYWARE, MALWARE, THREATS AND/OR OTHER ITEMS, PRODUCT DATABASES REQUIRE CONSTANT UPDATES. ACCORDINGLY, FOR YOUR CONVENIENCE, DATABASE UPDATES WILL, BY DEFAULT, BE SET TO BE INSTALLED AUTOMATICALLY AND MAY NOT ALWAYS TRIGGER THE DISPLAY OF AN UPDATE NOTICE OR DIALOG BOX.
SPYHUNTER WEB SECURITY
SPYHUNTER WEB SECURITY IS DESIGNED TO INTEGRATE WITH POPULAR BROWSERS AND BLOCK POTENTIALLY HARMFUL WEBSITES AND HELP IDENTIFY WEBSITES REPORTED TO BE SAFE. SPYHUNTER WEB SECURITY LEVERAGES ENIGMASOFT'S EXTENSIVE RESEARCH AND ANALYSIS INCLUDING, IN PARTICULAR, OUR THREAT ASSESSMENT CRITERIA TO CATEGORIZE WEBSITES, URLS AND/OR IPS AS SAFE OR POTENTIALLY UNSAFE. SPYHUNTER WEB SECURITY MAY BE AVAILABLE, FROM TIME TO TIME, AS A STANDALONE PRODUCT FROM ENIGMASOFT.
SPECIAL ADDITIONAL FEATURES OF SPYHUNTER PRO: SYSTEM OPTIMIZER AND PRIVACY TOOL
SPYHUNTER PRO INCLUDES FEATURES TO ENHANCE USERS' PRIVACY PROTECTION ALONG WITH SYSTEM OPTIMIZATION FEATURES. THESE FEATURES (WHICH COME WITH SPYHUNTER PRO BUT NOT WITH SPYHUNTER BASIC) ARE DESIGNED TO ENHANCE USER PRIVACY, REMOVE UNWANTED DUPLICATE DATA AND LARGE FILES, AND FURTHER OPTIMIZE THE OPERATING SYSTEM, IF DESIRED. THESE FEATURES ARE INTEGRATED IN SPYHUNTER PRO AND CAN BE EASILY DISABLED WITHIN SPYHUNTER PRO'S SETTINGS AFTER INSTALLATION, IF DESIRED. THESE ADDED OPTIMIZATION, PRIVACY, AND OTHER FEATURES MAKE SPYHUNTER PRO A MORE COMPREHENSIVE, FULSOME AND SEPARATE PRODUCT TYPICALLY OFFERED AT A HIGHER PRICE BY ENIGMASOFT.
NOTIFICATION OF CHANGES TO THIS AGREEMENT
WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AS NEEDED IN OUR SOLE DISCRETION. THE AGREEMENT IN EFFECT AT THE TIME YOU DOWNLOADED THE SOFTWARE WILL GOVERN YOUR USE OF IT, UNLESS WE MODIFY THE AGREEMENT. WE WILL POST THE CHANGES IN THE LATEST VERSION OF THE AGREEMENT WHICH IS ALWAYS ACCESSIBLE ON OUR WEBSITE AT https://www.enigmasoftware.com/spyhunter-eula/. OUR SOFTWARE MAY ALSO FROM TIME TO TIME PROVIDE AN IN-APP UPDATE/NOTIFICATION MECHANISM THAT DISPLAYS A DIALOG BOX WHEN THE SOFTWARE LAUNCHES PRIOR TO AN UPDATE OR MODIFICATION. THE DIALOG BOX GENERALLY LISTS CHANGES SINCE THE PRIOR VERSION OF THE SOFTWARE THAT ARE SIGNIFICANT AND/OR MATERIAL, ALTHOUGH CHANGES MAY BE MADE FOR IMPROVEMENTS TO THE PRODUCTS FROM TIME TO TIME THAT ARE NOT SO SIGNIFICANT AND/OR MATERIAL AS TO BE PRESENTED IN A DIALOG BOX. SIGNIFICANT REVISIONS TO FUNCTIONALITY OF THE SOFTWARE THAT MATERIALLY AND SUBSTANTIVELY CHANGE YOUR RIGHTS UNDER THIS EULA/TOS OR OUR PRIVACY/COOKIES PRACTICES MAY BE NOTED AND HIGHLIGHTED IN BOLD RED TYPE. YOUR CONTINUED USE OF THE PRODUCTS AFTER WE ISSUE NOTICE OF A CHANGE TO THE AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES AND THE REVISED AGREEMENT. IF YOU CANNOT OR DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, DO NOT USE THE PRODUCTS.
PRODUCT UPDATES/UPGRADE
The Software contains in-app Update notification mechanisms. When Software launches and an Updated version of the Software is available, a dialog box will be displayed often (but not necessarily every time for every change where not substantively significant and/or material) prior to the implementation of the Update. The dialog box summarizes the significant and/or material changes to the Software, its functionality, possibly this Agreement, and possibly our Privacy/Cookies practices since the last versions of the Software. The update process may also provide information about new product availability from EnigmaSoft for users to consider in electing to subscribing for, such as SpyHunter Pro. Users do not need to and are not required to purchase SpyHunter Pro and may elect to simply continue to use SpyHunter Basic (Windows) and/or SpyHunter for Mac. Any questions users may have about subscribing to SpyHunter Pro or subscribing to only SpyHunter Basic (or SpyHunter for Mac) may easily be handled through our support team. The latest version of the Agreement is always accessible on our website at https://www.enigmasoftware.com/spyhunter-eula/. You must agree to the presented Agreement in order to proceed with the Update. If you do not agree to the Agreement, you will not be able to proceed with the Update. In this case, you may either (i) continue to Use the existing version of the Software; or (ii) uninstall the Software. If you do not agree to the change(s) and do not update the Software when prompted, or are otherwise not using the latest version of the Software, your service functionality may significantly degrade, not all features or security protections may be available, and/or your service functionality may completely cease (be it for SpyHunter Pro, SpyHunter Basic or SpyHunter for Mac). If you do not agree to the change(s), it is your responsibility to cancel your account or cease using the Products and Services (including any paid subscription version or Free version or Free Trial version of the Product). Thus, it is important to update the Software at all times if you wish to continue to use the Software with all of its features and full functionality, particularly for your security protection. Your continued Use of and access to the Products after the effective date of the change(s) will constitute your acceptance of the change(s) and your agreement to be bound by the revised Agreement.
1. DEFINITIONS
In this Agreement, unless otherwise stated:
Agreement has the meaning given in Section 2.
Computer means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
Product Party has the meaning given in Section 11.1.
Database means a structured collection of records or data provided by EnigmaSoft that is stored, encrypted, and tabulated in a proprietary format. Our Databases rely upon our Software to organize and interpret the stored data. EnigmaSoft's Databases contain the structure and removal rules of malignant malware components and other items. EnigmaSoft's Databases also include features useful to the operation of SpyHunter Pro's, SpyHunter Basic's, SpyHunter for Mac's and Web Security's functionality. In addition, EnigmaSoft's Databases may contain whitelisted exclusions of non-malignant file components and other objects. EnigmaSoft's Databases also configure features related to tools for privacy protection, system optimization, registry components, and disk cleanup. In order for SpyHunter Pro, SpyHunter Basic and SpyHunter for Mac to efficiently combat the threat of malware and other objects in accordance with their design, EnigmaSoft's collective Databases require constant Updates.
Permitted Number means the number of Computers owned by you that can Use a copy of the Software, and such number is one (1) by default for the Products, unless otherwise indicated under a valid license (e.g., a volume license) specifically granted in writing by us in connection with your subscription purchase or otherwise.
Software means all of the contents of the files or other media with which this Agreement is provided, including but not limited to (a) SpyHunter Pro; (b) SpyHunter Basic, (c) SpyHunter for Mac, and/or (d) SpyHunter Web Security; (e) third party Computer information or software; (f) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (g) related explanatory written materials or files ("Documentation"); (h) fonts; (i) EnigmaSoft proprietary data; (j) EnigmaSoft's Intellectual Property; and (k) upgrades, modified versions, updates, definition files, additions, and copies of the Software, and Database updates, if any, licensed to you by us (collectively, "Updates").
Use or Using means to access, use, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
Website means the EnigmaSoft website in its entirety as well as any and all other websites owned, controlled and administered by EnigmaSoft; and the general materials specific to the Products.
2. AGREEMENT
This End User License Agreement and Terms of Service incorporate by reference the EnigmaSoft Privacy Policy and Cookies Policy that cover SpyHunter Pro, SpyHunter Basic and SpyHunter for Mac, the EnigmaSoft Discount Terms, the EnigmaSoft Website in its entirety, all FAQs for the Products, and any other supplemental policies and guidelines for SpyHunter Pro, SpyHunter Basic and/or SpyHunter for Mac that we may post from time to time, as if the same were fully set forth herein and collectively constitute the "Agreement" between you and us. By entering into this Agreement you agree to their terms (as may be updated from time to time).
In addition to this Agreement, there are Additional Terms and Conditions that apply to our Products and Services. Please take a moment to familiarise yourself with the Additional Terms and Conditions that are located at https://www.enigmasoftware.com/spyhunter-additional-terms-conditions/.
3. SOFTWARE LICENSE
As long as you comply with the terms of the Agreement, we grant to you a limited, revocable, non-transferable, non-assignable, non-sublicensable and non-exclusive license (except as the foregoing may be expressly permitted under this Agreement) to Use the Software and Website for the purposes described in this Agreement and in the Documentation on a computer(s) owned by you or computers that you are authorised to administrate and approved under the licensing arrangements agreed to by us in activating your subscription(s). By using the Software you represent that you are (a) of legal age to form a binding contract; and (b) not a person barred or restricted from using the Software or Website and that you will always use the Software in an authorized and lawful manner.
3.1. General Use. You may Use the Software on your compatible Computers owned by you for personal or internal business use. You agree not to incorporate, integrate or otherwise include the Software or any portion thereof into any other software, program or product. You agree to comply with the Agreement and not to promote or engage in any fraudulent, illegal or otherwise objectionable Use in connection with the Software or the Website. We may terminate (in whole or in part) the Agreement, or limit, suspend or terminate your Use of the Software or Website or any of its features, if you violate the Agreement or we suspect you are promoting or engaging in any fraudulent, illegal or otherwise objectionable Use in connection with the Software or the Website. All provisions herein shall survive termination, except that your right to use the Software will immediately cease. Notwithstanding the foregoing, we will attempt to provide advance notice to you if we choose to cease offering the Software but reserve our right to terminate the Software without notice if in our sole discretion circumstances warrant such action.
3.2. Server Use. You may install one (1) copy of the Software on your Computer file server for the purpose of downloading and installing the Software onto other Computers within your internal network up to the Permitted Number. Alternatively, you may install one (1) copy of the Software on a Computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from another Computer on your internal network, provided that Use of the Software on such Computer file server at all times, whether concurrent or not, does not exceed the Permitted Number. No other network use is permitted without written agreement from us and purchase of a volume or server license.
3.3. Home Use for Business Copies. If you are using the Software at your business, and you are the primary user of the Computer that is licensed to Use the Software, you may also install the Software on your home Computers. However, the Software may not be used on your home Computers at the same time the Software on your business Computer is being used.
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you receive a Content Update (as set forth in Section 6 below), if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other Software, you may only Use the Software as licensed above. You may not rent, lease, sublicense, lend or transfer any versions or copies of the Software. If the Software is a Content Update, as discussed in Section 6 below, you must possess a valid license to such previous version in order to Use the Content Update.
3.4. User Accounts. Except in certain limited circumstances, you will need a user account to access or use the Software. By registering an account you represent and warrant that: (a) all information you submit is true, accurate and not misleading; (b) you will keep such information up-to-date; (c) you are of legal age to form a binding contract in your jurisdiction; (d) you are not a person barred or restricted from using the Software; and (e) your Use of the Software does not violate any applicable law or regulation.
You are responsible for all activities that occur under your account. When accessing or Using the Products, Software, or Services you must at all times comply with our DOS and DON'TS Policy set out in Exhibit 1, as updated from time to time.
You must keep your username and password safe. You agree to notify us immediately if you suspect any unauthorised Use of your account or password. We have the right to disable any username or password at any time, if we believe you have failed to comply with any provision of this Agreement.
You are responsible for making all arrangements necessary for you to Use and have access to the Software. If you are purchasing a subscription to the Software on behalf of any entity, such as your employer or your business, you represent that you have the legal authority to bind them to this Agreement. You are also responsible for ensuring that any person who accesses the Software through your account is aware of this Agreement, and that they comply with it in full.
3.5. Open Source/Copyright. Open source and other third party code may be aggregated or distributed with our proprietary and copyrighted Software. The copyright notices and license terms for such third party code are described at https://www.enigmasoftware.com/spyhunter-additional-terms-conditions/. Please note that the provisions of those licenses may expressly override some of the terms of this Agreement and the developers of the third party code may modify their licensing terms from time to time.
3.6. Duplicate Copy. You may make one duplicate copy of the Software using backup software, provided your duplicate copy is not installed or used on any Computer. You may not transfer the rights to such a duplicate copy unless you transfer all rights in the Software as provided under this Agreement.
4. INFORMATION WE COLLECT FROM YOU AND YOUR COMPUTER
4.1. Privacy Policy. Information regarding our collection, use, and disposal of your personal information is contained in the EnigmaSoft Privacy/Cookies Policy, available at https://www.enigmasoftware.com/enigmasoft-privacy-policy/, which are incorporated herein by reference as though fully set forth herein.
4.2. Updates to the Software. If you click the "Check for updates" button on the user interface, and whenever the Software automatically updates, the Software sends us the Software version number and language, user authentication data, a unique ID that identifies your copy of the Software, and the IP address of the Computer on which the Software is installed. The Software version number and unique ID are used to identify the specific updates to transmit, to enable technical support to know what version of the Product and Databases are installed, to permit functionality and proper authorised use. None of the information collected is shared with any third parties, nor does it typically contain user identifiable information, except as it may be necessary to support and/or develop the app or to be shared with our related companies, affiliates, subsidiaries, and other trusted business partners as described in our Privacy/Cookies Policy. No geolocation or other identifying information (such as IP address) is analyzed or stored, other than in ordinary server logs, which are purged regularly or as may be necessary to allow purchases of the Product, provide our services to you and/or to satisfy legal requirements. As noted above, the Product Updates feature is also used, from time to time, to offer new SpyHunter products such as SpyHunter Pro, which you may elect to subscribe to if you choose or you may elect not to purchase.
4.3. Safeguarding of Your Information. Please take appropriate care to help protect your information, including your username and password. You are responsible for safeguarding your account by using a strong password and limiting its use to this account.
4.4. Personal Information We Collect to Provide Services to You. We collect and use the information you provide us, such as the identifying information you provide when you register your Products, the information you provide when communicating with customer support, and the scans you conduct of your Computer. We use that information to provide services to you, for certain accounting and auditing purposes, for certain legal requirements that may arise from time to time and to further improve our Software. Your username and password may also be sent and received during communications for authentication purposes. Payment card and other billing/financial information may be collected by us and/or will be collected by our third party payment processors and, depending on your purchasing circumstances and our purchasing procedures, may be available to us, consistent with the terms of our applicable Privacy/Cookies Policies as updated from time to time. This information is used to verify and collect payment for subscriptions to use our Products. We take steps to safeguard and protect your personal information. If you elect to purchase multiple products or upgrades from us, our affiliates, and/or trusted business partners, to facilitate your product purchases we, our affiliates, trusted business partners and/or third party payment processors may use the payment information or personal data you provide to us to process these various purchases by you and you hereby consent to and authorize the same.
4.5. Personal Information of Former Subscribers. We retain non-financial contact information, and support and scan logs, for customers whose subscriptions have expired to facilitate renewal or reinstatement. We may also retain some financial information for certain subscribers for renewal purposes. Our third party payment processors may retain payment and billing information of customers whose subscriptions have expired to ensure accurate processing of chargebacks and for auditing purposes. We take steps to safeguard and protect your personal information, which include but are not limited to ensuring that information is encrypted before it is sent to or from us to you. Our general information usage/retention is also set forth in additional terms in our Privacy/Cookies Policy which is incorporated herein by reference.
4.6. Information Collected/Transmitted During Product Use.
4.6.a. Diagnostic Report. When you start Product scans (with SpyHunter Pro, SpyHunter Basic, and/or SpyHunter for Mac), a diagnostic report from your system may be transmitted to our Technical Team for diagnostic purposes. In addition, the Products send us, among other potential items, the Products' version number and language, the IP address of the computer on which the Products are installed, and a hardware ID. The Products may also transmit authentication data. We collect this information primarily for the purposes of diagnosing existing malware, identifying new malware and/or other threats, providing technical support, and improving your protection under the Product and Databases. The information collected is encrypted before being transmitted and is stored on EnigmaSoft's systems so it can be analyzed and statistical and other information can be extracted for research and to aid in providing comprehensive protection for users.
4.6.b. Program Classification Information. One way that the Products identify potentially unwanted or harmful software is to examine objects that are running in memory and/or configured to start automatically and to classify those objects based on any potential threat they pose. To accomplish that task, the Products send us the name, file path, size, and cryptographic hash of each file that starts automatically, as well as additional configuration and/or operational information. Additionally, Products may analyze binary files and transmit data to us as may be necessary to enhance anti-malware protection. In addition, the Products send us, among other potential items, the Products' version number and language, the IP address of the computer on which the Products are installed, and a hardware ID. The Products may also transmit authentication data. The Products compare the file information that was sent against the information in our Databases and return relevant classifications to the user's Computer. Statistics regarding objects examined may be kept indefinitely for research, product development and improvement. Geolocation information (such as IP address) is analyzed so that threats can be mapped in the Products' Malware Tracker tool, but IP addresses are not stored, other than in ordinary server logs, which are purged periodically.
4.7. Please see our Privacy/Cookies Policy (which is incorporated herein by reference) at https://www.enigmasoftware.com/enigmasoft-privacy-policy/ for a full description of our practices with more details.
5. TERMS OF SALE AND AUTO-RENEWAL OF SUBSCRIPTIONS
5.1. Providing the Products and Services. This Agreement is for one subscriber account for use with no more than the Permitted Number of subscription licenses owned by the subscriber. Our general Terms of Sale are set out in Exhibit 2 to this Agreement and incorporated herein.
5.2. Support/HelpDesk. Registered users with fully paid and current subscriptions to the Products are entitled to the full features of our Support/HelpDesk as described on our Website and in the Products.
5.3. Free Versions or Free Trial Versions. If and to the extent we offer Free versions or Free Trial versions of the Products, your access to the Software will be pursuant to the Free version or Free Trial Terms and only for the Permitted Number. For Free version or Free Trial versions, you are entitled to the Support/HelpDesk functionality and services we determine and only for a time period and level of support as set forth in the Terms of any applicable Free version and/or Free Trial offer from us. IN THE EVENT THAT YOU DO NOT PURCHASE A FULLY PAID SUBSCRIPTION OF THE PRODUCTS AT THE END OF THE APPLICABLE FREE TRIAL OR OFFER PERIOD, THE PRODUCTS MAY BE SIGNIFICANTLY LIMITED IN A NUMBER OF WAYS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (1) SPYHUNTER PRO'S PRIVACY PROTECTION, SYSTEM OPTIMIZATION AND DUPLICATE FILE REDUCTION FEATURES WILL BE UNAVAILABLE AND WILL HAVE NO FUNCTIONALITY; (2) SPYHUNTER PRO, SPYHUNTER BASIC AND SPYHUNTER FOR MAC WILL OTHERWISE HAVE SIGNIFICANT LIMITATIONS AND THEY WILL BECOME NON-FUNCTIONAL; (3) YOU WILL HAVE NO CLOUD LOOKUP FUNCTIONALITY FOR THE PRODUCTS (INCLUDING SPECIFICALLY SPYHUNTER PRO, SPYHUNTER BASIC, AND SPYHUNTER FOR MAC) (4) YOU WILL NOT BE ENTITLED TO ANY SUPPORT/HELPDESK FUNCTIONALITY AND SERVICES WHATSOEVER (INCLUDING TELEPHONE ASSISTANCE) OTHER THAN THE LIMITED SUPPORT ENIGMASOFT IN ITS TOTAL AND COMPLETE DISCRETION MAY ELECT TO PROVIDE; AND (5) YOU DO NOT GET THE ASSURANCE OF ANY OR ALL UPDATES. ANY ELECTION BY US TO PROVIDE ANY OF THE FOREGOING SERVICES DOES NOT CREATE AN OBLIGATION TO DO SO IN THE FUTURE. To the extent permitted by law, the access and service under any Free Version or Free Trial period is provided by us on an "As Is" basis and without any form of warranty or indemnity. Consistent with our Discount Terms, we reserve the right to modify any promotions, discounts, Free versions and/or Free Trial offer at any time without any notice.
5.4. Uninstall Instructions. If you wish to uninstall the Products, please view uninstall steps at https://www.enigmasoftware.com/program-uninstall-steps/.
Uninstalling the Products from a device will uninstall that Product from that particular device only. Uninstalling Products will not automatically terminate your Product account. If you wish to terminate your Product account, please do so in accordance with the terms and instructions provided in Exhibit 2 of this Agreement, including without limitation Section 5. Termination of your Product account may also include deletion of any account credentials, synced data (if applicable) and all related information, files and content associated with or inside your account.
6. UPDATES
The Software is routinely and regularly updated 1) to improve your security protection, 2) to enhance its functionality, and 3) to generally improve the Product's features, among other reasons. We will generally notify you when updates are available and/or installed, relating to significant and material functional features, although we reserve the right to make changes not affecting the material and/or significant substantive operation of the Products without providing specific notice.
The following components are updated on a continuing basis: (a) the SpyHunter Pro, SpyHunter Basic and SpyHunter for Mac Software and Databases; and (b) other miscellaneous blacklist and whitelist Databases (these updates are collectively referred to as "Content Updates").
For fully paid current subscribers and Free version or Free Trial users during the term of their Free version or Free Trial (but not for any other versions of the Products), you shall have the right to obtain Content Updates for the duration of your use of the Software in accordance with the offer and/or purchase terms and with the terms of this Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by us to make are the intellectual property of and are owned by us and our suppliers. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of us and our suppliers.
Except for User Content, we and our licensors retain all right, title and interest, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights, whether domestic or international, in and to the information, text, communications, apps, software, source or object code, scripting, photographs, video, animations, graphics, audio, music, sounds, images, trademarks, trade names, logos, brand features, and other materials and services found in our Products, Software, and services, including their look and feel (collectively, "Our Content").
The Software and Our Content is protected by copyright, including without limitation by copyright laws, trademark, database(s) rights, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.
Third party code may be aggregated or distributed with our proprietary and copyrighted Software. The copyright notices and license terms for such third party code are detailed in the license.txt files located at https://www.enigmasoftware.com/sh/license.txt. Please note that the creators of this third party code may modify their licensing terms from time to time.
You may not copy the Software or Our Content, except as set forth in Section 3 above ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble, translate or jeopardize the correct functioning of the Software or Website, or otherwise attempt to discover the source code of the Software except to the extent, if any, that you may be expressly permitted to decompile under applicable law, that it is essential to do so in order to achieve operability of the Software with another software program, and that you have first requested us in writing to provide the information necessary to achieve such operability and we have not made such information available. We expressly reserve the right to object to providing at any time the foregoing types of information (except as may be required by law) and in the event any circumstance might arise where we might agree to provide such types of information, we reserve the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by us or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to us, by using our Inquiries & Feedback form (https://www.enigmasoftware.com/about-us/inquiries-feedback/). Trade names and/or trademarks (hereafter "Trademarks") shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify the Software and such use of any Trademark does not give you any rights of ownership in that Trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
We welcome your comments, feedback, suggestions, ideas, submissions, proposals, recommendations, concepts or other communications ("Suggestions") about any aspect of our Website, Services, Products, apps, or technology, but note that you waive all rights that may now or in future exist (including moral and equivalent rights) in the Suggestions and you agree that we may use the Suggestions in any way, as if they are our property, without any restriction, obligation, notice, reimbursement, or compensation to you.
If you believe that any user content uploaded, stored, transmitted, or copied through our Products, Software or Services infringes a copyrighted work that you own, notify our copyright agent in writing at copyrightagent@enigmasoftware.com. In order for us to take action, you must do the following in your notice to us:
8. Your/User Content
"Your Content" or "User Content" means any and all content uploaded from your device(s) in connection with your use of the Software and/or that you upload, store, retrieve, or otherwise make available through the Software.
8.1. Your License to Us. You retain all rights to Your Content, and we do not own Your Content or license it to third parties. You grant us and our affiliates, vendors, and trusted business partners a non-exclusive, worldwide, royalty-free, license to use, modify, reproduce and distribute Your Content to provide the Software. Our Services may include features such as searching, sorting, capturing, organising, editing, retrieving, commenting, reviewing, versioning, compiling and storing images, videos, photos, documents, data, digital materials and various media. Our services may require our having access to, scanning and/or storing such materials and you grant under this Agreement to us and our affiliates, vendors and trusted business partners your permission to undertake those activities.
8.2. Your Warranty. You represent, warrant and undertake that: (a) you own Your Content that you upload, download, store, transfer, transmit or copy through the Products, Software, or Services or you otherwise have the right to upload, download, store, transmit or copy it in accordance with the terms of this Agreement; (b) the uploading, downloading, storing, transferring, transmitting or copying of Your Content on the Products, Software, or Services does not violate the rights (including but not limited to confidentiality, privacy, trademark, copyright, patent or any other intellectual property rights) of any person or entity; (c) you agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any use of Your Content; (d) Your Content and the security of your account and devices are your sole responsibility and your uploading, downloading, storing, transmitting or copying of Your Content is at your sole discretion and risk; and (e) you shall be solely responsible for any and all claims or causes of action that may arise in connection with such uploading, downloading, storing, transmitting or copying of Your Content.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Product account, and you further acknowledge and agree that all rights in and to your Product account are and shall forever be owned by and inure to our benefit.
You agree to comply with all legal duties applicable by virtue of the submission of Your Content within the Software. If Your Content is subject to EU data protection laws and is processed by us as a data processor acting on your behalf (in your capacity as data controller), we will use and process Your Content in order to provide the Software and fulfill our obligations under this Agreement, and in accordance with your instructions as represented in this Agreement.
Notwithstanding anything to the contrary, this paragraph expresses the entirety of our obligations with respect to Your Content.
8.3. Indemnity. You shall indemnify and hold us (including our parent companies, affiliates, related companies and subsidiaries, and our and their officers, directors, agents, partners, contractors, consultants, employees and subcontractors) and our affiliates, related companies and subsidiaries, and our and their officers, directors, agents, partners, contractors, consultants, employees and subcontractors) and our licensors and suppliers harmless from any damages, liabilities, claims and demands (including costs and attorneys' fees) made by any third party due to or arising under or in connection with: (a) the access or use of the Products, Software, or Services by you or anyone using your account; (b) Your Content; (c) the use, upload, download, storing, transferring, transmitting or copying of any information by you through the Products, Software, or Services (including Your Content); (d) any violation of this Agreement by you or anyone using your account; and (e) your infringement of the rights of any person or entity (including but not limited to confidentiality, privacy, trademark, copyright, patent or any other intellectual property rights of any person or entity). We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us in full and you agree to cooperate with our defence of such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it and you agree you are affiliated and provide us notice of any such claim, action or proceeding to us immediately.
8.4. Monitoring. We are not obligated and do not accept responsibility for monitoring your conduct or User Content. If at any time we choose to monitor, we nonetheless assume no responsibility for User Content, have no contractual obligation to remove any inappropriate User Content, and have no responsibility for the conduct of any user. We respect the intellectual property of others, and we expect our users to do the same. We may, in appropriate circumstances and at our sole discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who are or may be infringers or relating to the content stored on or transmitted through accounts.
9. TRANSFER
You may not sell, reproduce, rent, transfer, assign, lease, sublicense or authorize all or any portion of the Software, Products or Services to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software, Products or Services to another person or legal entity provided that: (a) you also transfer the Software, Products or Services and all other Software or hardware bundled or pre-installed with the Software, Products or Services, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a Computer; and (c) the receiving party expressly accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally acquired a license to the Software, Products or Services. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software, Products or Services. Any purported transfer in violation of this section shall be void ab initio and of no force or effect.
10. USE ONLY AS LICENSED
As set forth in Section 3, above, the Software may only be Used as licensed.
11. LIMITED WARRANTY
11.1. Software Limitations. You hereby acknowledge that Use of the Software may not be uninterrupted and cannot be guaranteed error-free and that the Software cannot and does not guarantee the security, completeness, integrity or accuracy of any stored data, or that any stored data will not be corrupted or lost. You further acknowledge that we have no obligation to correct any defects or errors with the Software, Website, or any support services, regardless of whether you inform us of such defects or errors or we otherwise are, or become, aware of such defects or errors. You further acknowledge that such unavailability or the existence of any such errors shall not constitute a breach of the Agreement by us, or our officers, employees, contractors, directors, parent companies, subsidiaries, affiliates, suppliers, subcontractors, agents or licensors ("Product Party").
11.2. SpyHunter Pro, SpyHunter Basic, and SpyHunter for Mac (Software) Limitations. For the Software, in particular, we do not guarantee that the Software will detect and/or remove all known viruses, spyware, adware, malware, Trojans, keyloggers and trackware and other threats and items, or locate all browser infections and tracking cookies on your Computer. The Software may erroneously report a virus in a file or system not infected by that virus, and we disclaim any warranty that the Software's reporting or analysis is correct or uninterrupted.
11.3. Beta Versions. If the Software is a beta version, you acknowledge and agree that (a) the Software may contain errors and defects and may not function as intended or in accordance with its specifications; and (b) you assume all risk in using the Software and agree to take due care in the installation, execution and testing of the Software on your Computer system.
11.4. Dependencies. The Software is designed to work with external third-party applications, and in some instances, the continued functionality and security of the Software may be partially dependent on one or more third parties or their systems or databases. This may require you to update the Software and/or other third-party applications to ensure compatibility and continuous or uninterrupted functionality. We cannot and do not warrant that all currently supported third-party applications, systems or databases will remain compatible or available.
11.5. Compatible OS. The particular operating systems upon which the Software has been designed to execute and be Used will be published by us from time to time ("Compatible OS"). You agree that you will not Use, execute or install the Software on any operating system other than a Compatible OS. You acknowledge and agree that the Software may not execute correctly and may interfere with other software or hardware if executed or Used on an operating system, which is not a Compatible OS.
11.6. Limited Warranty. In the event that any terms, conditions, representations or warranties are implied by statute, common law or equity ("Prescribed Terms") into the Agreement which cannot be excluded by the law applicable to you in your jurisdiction, the Prescribed Terms will apply to the Agreement, save that our liability for breach of any Prescribed Terms will be limited, to the extent permitted by law, at our option and sole discretion, to any one or more of the following: (a) the replacement of the Software to which the breach relates or the supply of equivalent Software; (b) the repair of the Software; (c) the payment of the cost of replacing the Software or of acquiring equivalent Software; or (d) the payment of the cost of having the Software repaired. If the liability of a Product Party for any breach of any Prescribed Terms is capable of exclusion, they are hereby excluded to the fullest extent permitted by law. Except to the extent provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation by the law applicable to you in your jurisdiction, or as expressly set out in this Agreement, you will not under any circumstances have any cause of action against, or right to claim or recover from, Product Parties for or in respect of any loss, damage or injury (including without limitation any loss of profit, loss of savings, indirect, incidental or consequential loss, damage or injury) arising from the supply or Use of the Software or any breach of the Agreement.
11.7. Independent Judgment. You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by a Product Party which have not been stated expressly in the Agreement or upon any descriptions or illustrations or specifications contained in any document or website including catalogues or publicity material produced by us.
11.8. Reliance on Information. Information, opinions, commentary, and other materials posted, provided, generated or displayed in connection with the Software by us or our vendors, affiliates and/or trusted business partners are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on, or conclusions drawn from, such materials by any visitor to, or user of, the Products, Product, Services, Software, or Website, or by anyone who may be informed of any of their contents. You are solely responsible for determining the suitability of any such information or materials.
12. DISCLAIMER
12.1. GENERAL DISCLAIMER. THE LIMITED WARRANTY IN SECTION 11.5 STATES THE SOLE AND EXCLUSIVE REMEDIES FOR A PRODUCT PARTY'S BREACH OF WARRANTY. PRODUCT PARTIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT PARTIES MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
12.2. SPYHUNTER PRODUCTS/SOFTWARE. WE USE REASONABLE COMMERCIAL EFFORTS, INCLUDING BOTH HUMAN AND ALGORITHMIC ANALYSES, AND RELY ON OUR REASONABLE BELIEFS, EXPERIENCE, AND JUDGMENT IN EVALUATING POTENTIAL THREATS AND/OR ITEMS ACCORDING TO OUR THREAT ASSESSMENT CRITERIA AND IN DETERMINING HOW POTENTIAL THREATS AND/OR ITEMS WILL BE IDENTIFIED, CLASSIFIED, TREATED, OR LISTED IN THE SOFTWARE. THE SOFTWARE MAY NOT IDENTIFY ALL THREATS UNDER ITS THREAT ASSESSMENT CRITERIA IN THE SAME MANNER AS OTHER ANTI-MALWARE, ANTI-VIRUS, OR REMEDIATION PROGRAMS. WE MAY NOT LIST POTENTIAL THREATS AND/OR ITEMS THAT OTHER ANTI-MALWARE, ANTI-VIRUS, OR REMEDIATION PROGRAMS LIST AND MAY LIST POTENTIAL THREATS AND/OR ITEMS THAT OTHER ANTI-MALWARE, ANTI-VIRUS, OR REMEDIATION PROGRAMS DO NOT. BY INSTALLING OR USING THE SOFTWARE, USER INDICATES THAT HE OR SHE UNDERSTANDS AND AGREES TO THESE POINTS AND PRACTICES CONCERNING THE SOFTWARE'S APPLICATION OF ITS THREAT ASSESSMENT CRITERIA. THREAT ASSESSMENT CRITERIA CAN CHANGE AT ANY TIME.
WE CANNOT AND DO NOT GUARANTEE THAT THE SOFTWARE WILL BE FUNCTIONAL AND WITHOUT SERVICE DISRUPTIONS AT ALL TIMES AND WE CANNOT AND DO NOT GUARANTEE THAT THE SOFTWARE WILL ALWAYS BE FULLY SECURE AND NO SOFTWARE OR PRODUCT CAN GUARANTEE ONE HUNDRED PERCENT (100%) PROTECTION FROM HACKERS.
13. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO YOU IN YOUR JURISDICTION, IN NO EVENT WILL ANY PRODUCT PARTY BE LIABLE TO YOU FOR: (A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL LOSSES, DAMAGES, CLAIMS OR COSTS WHATSOEVER; OR (B) ANY LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF OR CORRUPTION TO DATA, LOSS OF REVENUE, LOSS OF USE, LOSS OF CONTRACT, LOSS OF GOODWILL OR LOSS OF OPPORTUNITY, EVEN IF A PRODUCT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS; OR (C) ANY CLAIM BY ANY THIRD PARTY.
TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE TOTAL AGGREGATE LIABILITY OF ALL PRODUCT PARTIES UNDER OR IN CONNECTION WITH THE AGREEMENT (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE, OR OTHERWISE) SHALL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SOFTWARE IN THE PREVIOUS 12 MONTHS, AND IF YOU HAVE NOT PAID US ANY AMOUNT FOR THE SOFTWARE SHALL BE €0 (ZERO EUROS). WE ARE ACTING ON BEHALF OF OUR SUPPLIERS, SUBCONTRACTORS, AGENTS AND LICENSORS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THE AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE. FOR FURTHER INFORMATION PLEASE CONTACT US, BY USING OUR INQUIRIES & FEEDBACK FORM (https://www.enigmasoftware.com/about-us/inquiries-feedback/).
No Product Party is liable for any failure of the Software resulting from: (a) an alteration, addition, adjustment or repair that is not performed by a Product Party, (b) misuse, damage or unlicensed use of the Software by you or a third party, (c) Use of Software other than in accordance with the Agreement and the Documentation, or (d) any failure or interruption of any third party applications, systems or databases.
14. EXPORT RULES
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within any nation embargoed by the United Nations, the United States and/or the European Union, and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of the Agreement.
15. GOVERNING LAW AND DISPUTE RESOLUTION
The existence, formation, interpretation, operation and termination of the Agreement, and all matters and disputes (whether contractual or non-contractual) related to or connected with the Agreement or its subject matter, is subject to the laws of Ireland. The Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Irish Courts will have exclusive jurisdiction over all matters and disputes (whether contractual or non-contractual) related to or connected with the Agreement or its subject matter. Nothing in this paragraph shall limit our rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.
If you are a European Union consumer you will benefit from any mandatory provisions of the law of the EU member state in which you are resident. Nothing in the Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
16. GENERAL PROVISIONS
If any term of the Agreement is found illegal, void or unenforceable by a court of competent jurisdiction: such term shall be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. Neither party's failure or neglect to enforce any of rights under the Agreement will be deemed to be a waiver of that party's rights. The Agreement shall not prejudice the statutory rights of any party dealing as a consumer. The Agreement may be modified by us in accordance with the "Notification of Changes to This Agreement" section above. The Agreement may only be modified by you if agreed in writing and signed by an authorized officer of us. Updates may be licensed to you by us with additional or different terms. The parties are independent contractors and nothing in the Agreement shall be deemed to constitute a partnership or joint venture between the parties or constitute any party to be the agent of the other party for any purpose. The Agreement constitutes the entire agreement between us and you relating to the Software and supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. We will not be liable for any failure or delay in performance, due in whole or in part, to anything beyond our reasonable control. In the event of inconsistency or discrepancy between the English version of this Agreement and any translation into another language, the English language meaning shall control.
17. NOTICE TO GOVERNMENT END USERS
The Software and Documentation are licensed to government end users (a) only as commercial items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights under copyright law are reserved.
If and to the extent that the laws of the United States may be applicable hereto, the Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. For U.S. Government End Users, we agree to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
18. COMPLIANCE WITH LICENSES
If you are a business or organization, you agree that upon request from us or our authorized representative, you will within 30 days fully document and certify that Use of any and all Software at the time of the request is in conformity with your valid licenses from us.
EXHIBIT 1 - DOS AND DON'TS POLICY
1. DOS
When using or accessing the Products, Product, Software, and/or Services you must:
1. DON'TS
When using or accessing the Products, Product, Software and/or Services you must not (and must not attempt to):
EXHIBIT 2 – TERMS OF SALE AND AUTO-RENEWAL OF SUBSCRIPTIONS
1. SUBSCRIPTION
A Product/Products subscription ("Paid Subscription") entitles you to access the full functionality of the subscribed-to Products so long as you remain a current, continuous subscriber for that Product. In order to access the Product's full functionality, you must complete the Registration/Activation/Purchase Page(s) for the applicable version offer or subscription. You can find relevant pricing, subscription length terms, and available versions on our Website and our Registration/Activation/Purchase Pages, in our subscription confirmation emails, as well as any marketing materials that are at the relevant purchase time expressly approved and authorized by and for us. You agree to pay us all applicable charges, VAT and/or taxes where applicable in connection with the subscription that you acquire from us. Any discounts that we may make available from time to time will be subject to the Discount Terms available at https://www.enigmasoftware.com/enigmasoft-discount-terms/ and may not always be available to all users or potential users or necessarily for all Products.
If and to the extent we offer Free Versions or Free Trial versions of the Products, your access to the Software will be pursuant to the express Terms and Conditions of the Free or Free Trial versions. For the Free and Free Trial versions, you may be entitled to Support/HelpDesk functionality and services but only at such levels as we determine (which may be limited) and for such limited time periods as set forth in the terms and conditions of any applicable Free or Free Trial offer from us. IN THE EVENT THAT YOU DO NOT PURCHASE A FULLY PAID PRODUCT SUBSCRIPTION PER THE TERMS OF THE APPLICABLE FREE OR FREE TRIAL PERIOD, THE PRODUCTS MAY BE SIGNIFICANTLY LIMITED IN A NUMBER OF WAYS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (1) SPYHUNTER PRO'S PRIVACY PROTECTION, SYSTEM OPTIMIZATION AND DUPLICATE FILE REDUCTION FEATURES WILL BE UNAVAILABLE AND WILL HAVE NO FUNCTIONALITY; (2) SPYHUNTER PRO, SPYHUNTER BASIC AND SPYHUNTER FOR MAC WILL OTHERWISE HAVE SIGNIFICANT LIMITATIONS AND THEY WILL BECOME NON-FUNCTIONAL; (3) YOU WILL HAVE NO CLOUD LOOKUP FUNCTIONALITY FOR THE PRODUCTS (INCLUDING SPECIFICALLY SPYHUNTER PRO, SPYHUNTER BASIC, AND SPYHUNTER FOR MAC) (4) YOU WILL NOT BE ENTITLED TO ANY SUPPORT/HELPDESK FUNCTIONALITY AND SERVICES WHATSOEVER (INCLUDING TELEPHONE ASSISTANCE) OTHER THAN THE LIMITED SUPPORT ENIGMASOFT IN ITS TOTAL AND COMPLETE DISCRETION MAY ELECT TO PROVIDE; AND (5) YOU DO NOT GET THE ASSURANCE OF ANY OR ALL UPDATES. ANY ELECTION BY US TO PROVIDE ANY OF THE FOREGOING SERVICES DOES NOT CREATE AN OBLIGATION TO DO SO IN THE FUTURE. To the extent permitted by law, the access and service under any Free or Free Trial version period is provided by us on an "As Is" basis and without any form of warranty or indemnity. Consistent with our Special Discount Terms, we reserve the right to modify any promotions, discounts, Free versions or Free Trial offer at any time without any notice.
The subscription under this Agreement for the Software is for one subscriber account for use with the Permitted Number of Computers owned by the subscriber. Users may purchase multiple subscription accounts in accordance with the terms of this Agreement and as set forth on our Registration/Activation/Purchase Pages, confirmation emails, website product materials, and/or our authorized offering/marketing materials. The cost and charges for the Products under this Agreement are those from us and related to the Products. Any charges from your Computer/device service providers (and/or mobile service providers) that may apply depending upon your usage are not included under this Agreement.
2. PAYMENT AND BILLING
The total price for your paid subscription and length of subscription term shall be set by us and may vary from time to time or location to location and shall be set forth on the Purchase/Registration/Activation pages on Website, our marketing materials at the relevant purchase time which are expressly approved and authorized by and for us, as well as the Purchase confirmation page/email that you are sent or directed to after you place your order (the price may include VAT and/or taxes, if applicable). Your paid subscription will remain in effect until it is terminated or cancelled in accordance with this Agreement.
The following payment methods are generally accepted by us: American Express, Visa, MasterCard, PayPal and Discover; any other forms of payments may be acceptable as determined by us and in our sole discretion. Your card issuer may charge you certain fees, such as foreign transaction fees or other fees related to any processing or refund related to your payment. By providing us with a payment method you represent and warrant that: (a) you are authorized to use the payment method you provide; (b) the payment information you provide is true, accurate and not misleading and (c) you authorize us to use your preferred payment method as provided by you for any and all Products and upgrades you purchase from us and/or you elect to purchase from our affiliated companies per the terms of the Purchase/Registration/Activation page terms, our marketing materials at the relevant purchase time which are expressly approved and authorized by and for us, as well as the Purchase confirmation page/email that you are sent or directed to after you place your order. By providing us with a payment method you authorize us to charge you the applicable subscription fees on a recurring basis pursuant to the automatic renewal terms of your subscription when you purchase and using your preferred payment method until you cancel for the various Product(s) or Software you elect to purchase. If any payment is not successful in a timely manner and under the terms of this Agreement (either in connection with an initial subscription purchase and/or any renewal), for example, because your card has expired, due to insufficient funds, or for any other reason, and you do not change your preferred payment method, we may immediately suspend your access to and/or your Use of the full functionality of the Software until a valid payment method is obtained.
By initiating and activating a subscription for purchase of a Product, you agree that your paid subscription will begin immediately and you will be charged immediately for the price of a subscription for the time period set forth in the terms of Purchase/Registration/Activation Pages, and product offering materials directly related to your Product subscription purchase(s) expressly approved and authorized by and for us, and at the applicable rates specified therein and as confirmed in subscription confirmation email(s). Following expiration of that first subscription period and at the stated intervals in your subscription purchase terms continuing as automatic renewals thereafter, we will AUTOMATICALLY RENEW your subscription and immediately charge you up front at the same purchase rate (accounting for any changes in tax or VAT obligations), provided you are an active, continuous paid subscriber, until and unless you cancel or terminate in accordance with this Agreement.
3. AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION
We will send email notifications to the email address you provide us to be associated with your subscription account to remind you of upcoming renewal payments. If you do not cancel your paid subscription before the end of the subscription period, your paid subscription will AUTOMATICALLY RENEW for the same period as your prior subscription purchase at the end of each paid subscription period at the then applicable standard subscription fee of the Product provided that you have maintained an active, continuous, uninterrupted subscription and you agree that your preferred payment method will be billed accordingly.
4. CHANGING THE LEVEL OF YOUR SUBSCRIPTION
You have the right to change the level of your Product subscription at any time (please see FAQs at https://www.enigmasoftware.com/support/ or contact our Support/HelpDesk for more details). In the event that you elect to upgrade your subscription level to the higher priced SpyHunter Pro, the upgraded subscription level that you have selected will take effect immediately and you will have the full functionality and benefits of SpyHunter Pro for the balance of your current subscription period at no extra charge. However, you expressly agree that, starting with the next renewal of your subscription, you agree and consent to pay for such renewal and each subsequent automatic renewal of the product at the price set forth on our Purchase/Registration/Activation pages as the then applicable standard subscription fee of SpyHunter Pro as you agreed to at the time of your electing and consenting to the upgrade to SpyHunter Pro. In the event that you downgrade your Product subscription level at some point thereafter (from SpyHunter Pro to SpyHunter Basic), the downgraded subscription level that you have selected will take effect at the time of your next automatic renewal at the then applicable standard subscription fee for SpyHunter Basic and you will only have the functionality and benefits of SpyHunter Basic thereafter and your future automatic renewals shall be for only SpyHunter Basic. You consent and agree that EnigmaSoft will not provide prorations for prorated pricing for changes in your subscription levels and that any right to a refund will only be within 30 days of your purchase transaction for a subscription as otherwise set forth in this Agreement. You expressly agree that in the event EnigmaSoft in its sole discretion determines that there is any form of abuse or violation of the Agreement in connection with the elections and/or purchases for SpyHunter Pro and SpyHunter Basic, EnigmaSoft reserves the right to terminate any account where abuse may be suspected.
5. CANCELLING YOUR SUBSCRIPTION
You may cancel your paid subscription or Free Trial at any time. For paid subscriptions, you will continue to have full access to the Product until the end of your paid subscription period. If you cancel a Free Trial, you will immediately lose all access to the Product. In the event that you receive a refund for a paid subscription, you will immediately lose all access to the Product.
NOTICE TO CALIFORNIA CONSUMERS: Per the California Automatic Renewal Law you may cancel a subscription as follows:
Should you have any questions or problems, you can contact our EnigmaSoft support team by phone at +1 (888) 360-0646 (USA) / +353 76 680 3523 (Ireland/International) or by email at support@enigmasoftware.com.
A refund for a paid subscription will be issued only if you cancel and request a refund for your paid subscription within 30 days of your subscription purchase date. Upon receipt of the refund, you will immediately lose all access to the Product. If you do not request a refund within the 30 Day Refund period, you may still cancel and you will continue to receive the full functionality and benefits of your subscription until the end of your existing subscription period.
You can cancel your paid subscription or Free Trial by contacting our support department directly at support@enigmasoftware.com. Depending on the details of your purchase, you may also cancel your paid subscription or Free Trial via our trusted payment partner that processed your purchase. The specific payment partner for your account is listed in your purchase confirmation email. Please ensure that your request for cancellation and/or a refund includes your name, details of the order (including your order number) and, if available, your phone number and the registered email address from your order confirmation. In the event that you cannot locate the payment partner information or should you need any additional help, you may contact our Support/HelpDesk by phone at +1 (888) 360-0646 (USA) / +353 76 680 3523 (Ireland/International) or by email at support@enigmasoftware.com.
If you cancel your paid subscription beyond the initial 30 day cancellation period described herein, you cannot apply for a refund for the paid subscription payment already made, and you will continue to have access to the full features of your paid subscription through to the end of your paid subscription period. No credits or refunds are provided for any partial paid subscription periods. Paid subscriptions are for the account purchaser and are non-transferable. If your paid subscription lapses or expires and you want to continue to receive the full functionality of the Product, it is your responsibility to renew. Some countries have mandatory local laws regarding your cancellation rights. This Exhibit does not override those laws.
6. RIGHT TO CHANGE YOUR MIND IF YOU ARE A CONSUMER
If you are a consumer and have changed your mind about purchasing a subscription to the Products, Software, or Services, you can cancel and apply for a refund within the first 30 days from your purchase transaction date. You must notify our third party payment processor partner or us electronically, by email, via our Support/HelpDesk or by phone at the contact numbers provided by us that you are cancelling your Subscription and/or are requesting a refund, and you do not need to give any reason. If it appears to us that you are abusing the refund system, we reserve the right to immediately withdraw your access to this offer. If you receive a refund under Section 5 you will immediately stop receiving access to the full functionality of the Product/Services. More information about how to send a cancellation and refund request is described in Section 5 (Cancelling Your Subscription) above.
7. PRICE CHANGES
We may change the price of our Products and/or Services from time to time by notifying you in writing in advance. If your subscription is set to automatic renewal and the price has increased and we determine to apply the then-standard applicable or new price, you will be notified in advance of the applicable new price and you will be allowed to cancel your Subscription within 14 days of receipt of our notice. The price change will go into effect immediately upon expiration of that cancellation period. You will also have the right to cancel and apply for a refund within 30 days from the new purchase if you should make a purchase.
8. SUSPENSION AND TERMINATION
8.1. Your Rights. You may cease using the Software at any time. To cancel your subscription, please follow the cancellation instructions in Section 5. To uninstall the Products, see uninstall instructions at https://www.enigmasoftware.com/program-uninstall-steps/.
8.2. Our Rights. Access to the Product, Software, Databases and/or our Services is permitted on a temporary basis and we may at any time, in our sole discretion limit, suspend, cancel or terminate (in whole or in part) your account or your access to any or all of the Product, Software, Databases and/or our Services if: (a) you violate this Agreement; (b) you are not, or we suspect you are not, complying with the Dos and Don'ts Policy set out in Exhibit 1; (c) we believe, in our sole discretion, that you pose a threat or risk to the Product, Software, Databases or Services our business, our staff, and/or any other person or entity; or (d) you have not accessed the Product Software, Databases or Services or used it actively for a period of 12 consecutive months and you do not have a current paid subscription; or (e) you are in default and not current on your Subscription payment obligations. We are not liable to you or any third party for any limitation, suspension, cancellation, or termination of your account or of your access to the Product, Software, Databases or Services, or for any inability to access the same. To allow users to conveniently reactivate their account(s) should they wish, we by default retain user account information and data for a reasonable period of time as a convenience to users.
8.3. Remedy Notice. Unless section 8.4 applies, before taking action under section 8.2 we will attempt to provide a written "notice to remedy" to you by contacting you at the email address associated with your account. We do not guarantee that or assume an obligation to ensure that a "notice to remedy" is sent to you.
8.4. No Notice. In all events, we are not under an obligation to provide a written "notice to remedy" to you under section 8.3 if doing so may result in us suffering legal or regulatory liability; in any way compromises the safety or security of the Product, Software, Databases or Services, our business, our staff, or any other person or entity; or in any way compromises our ability to provide our Product, Software, Databases or services or operate our business in the manner, in our sole discretion, we choose.
8.5. Discontinuing the Software or Features. We may at any time, in our sole discretion, limit, withdraw or discontinue (temporarily or permanently) all or any parts of the Product, Software, Databases or our Services or features. For example, this may be in response to legal or regulatory requirements, our business requirements, or other factors such as, without limitation, your being in default on your subscription account obligations.