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MALWAREBYTES ADWCLEANER SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INS
TALLING OR USING THE MALWAREBYTES ADWCLEANER SOFTWARE THAT ACCOMPANIES THIS SOFT
WARE LICENSE AGREEMENT ( AGREEMENT ) OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, T
E SOFTWARE").
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AN AGREEMENT BETWEEN YOU AND MALW
AREBYTES AND GOVERN USE OF THE SOFTWARE.
"MALWAREBYTES" MEANS: (a) IF YOU ACQUIRED THE SOFTWARE IN THE UNITED STATES OR C
ANADA, MALWAREBYTES INC., A DELAWARE CORPORATION; AND (B) IF YOU IF YOU ACQUIRED
THE SOFTWARE IN ANY OTHER COUNTRY, MALWAREBYTES LIMITED, A COMPANY INCORPORATED
IN IRELAND.
Malwarebytes is willing to license the Software to you only upon the condition t
hat you accept all the terms contained in this Agreement. By clicking to accept
where indicated below or by downloading, installing or using the Software, you h
ave indicated that you understand this Agreement and accept all of its terms. If
you are accepting the terms of this Agreement on behalf of a company or other l
egal entity, you represent and warrant that you have the authority to bind that
company or other legal entity to the terms of this Agreement, and, in such event
, "you" and "your" will refer to that company or other legal entity. If you do n
ot accept all the terms of this Agreement, then Malwarebytes is unwilling to lic
ense the Software to you, and you must destroy all copies of the Software.

1. LICENSE
Conditioned upon your compliance with the terms and conditions of this Agreement
, Malwarebytes grants you a non-exclusive and non-transferable license to load,
install, and run the Software solely in executable form.

2. RESTRICTIONS
Your license permits you to use the Software solely for your internal business p
urposes. You may not combine the Software with any third party script, applicati
on, hardware or tools which would cause it to run on an automated or unattended
basis. Except as expressly specified or permitted in this Agreement, you may not
: (i) copy (except in the course of loading or installing) or modify the Softwar
e, including but not limited to adding new features or otherwise making adaptati
ons that alter the functioning of the Software; (ii) transfer, sublicense, lease
, lend, rent or otherwise distribute the Software to any third party; or (iii) m
ake the functionality of the Software available to any third party through any m
eans, including but not limited to by uploading the Software to a network or fil
e-sharing service or through any hosting, application services provider, service
bureau, software-as-a-service (SaaS) or any other type of services. You acknowl
edge and agree that portions of the Software, including but not limited to the s
ource code and the specific design and structure of individual modules or progra
ms, constitute or contain trade secrets of Malwarebytes and its licensors. Accor
dingly, you agree not to disassemble, decompile or reverse engineer the Software
, in whole or in part, or permit or authorize a third party to do so, except to
the extent such activities are expressly permitted by law notwithstanding this p
rohibition.
3. DURATION
Subject to Malwarebytes product End-of-Life schedule, this Agreement shall remai
n in effect until terminated. You may terminate it at any time by ceasing to use
and deleting the Software. Your license and this Agreement terminate immediatel
y upon your breach of this Agreement.

4. TECHNICAL ASSISTANCE
Nothing in this Agreement entitles you to receive any support, maintenance, upda
tes, upgrades, content or new versions of the Software. Malwarebytes reserves th
e right to designate any updates, additional content or features as requiring se
parate payment or purchase of a separate subscription at any time. From time to
time, Malwarebytes may, but has no obligation to, provide updates to the Softwar
e. Support options may be found here https://www.malwarebytes.com/support/

5. PRIVACY
By entering into this Agreement you agree to the terms of Malwarebytes' privacy
policy, which can be found at https://www.malwarebytes.com/privacy/ (as may be u
pdated from time to time, the "Privacy Policy"). More information concerning wha
t data is collected and used by Malwarebytes and how it is used is available in
the Privacy Policy. Without limiting the Privacy Policy, this Software may colle
ct and send anonymous statistics related to the Software to Malwarebytes includi
ng but not limited to:
* Software version
* language identifier
* mode of execution
* scan duration
* clean duration
* number of found elements
* number of cleaned elements
* number of elements not cleaned
* uninstallation action

6. DISCLAIMER AND LIMITATION OF LIABILITY


The Software is provided "as is". You acknowledge that it is likely to present r
isks associated with its use. There is no warranty as to the results produced by
the Software. Similarly, in no event shall Malwarebytes be liable for any damag
e arising from the use of the Software, including and not limited to loss of dat
a. IN NO EVENT WILL MALWAREBYTES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, E
XEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, P
ROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS A
RISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMAN
CE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONT
RACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND
WHETHER OR NOT MALWAREBYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REM
EDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
. Some jurisdictions do not allow the limitation or exclusion of liability for i
ncidental or consequential damages, so the above limitation or exclusion may not
apply to you.

7. EXPORT CONTROL AND U.S. GOVERNMENT USE


You agree to comply fully with all U.S. and other applicable export laws and reg
ulations to ensure that neither the Software nor any technical data related ther
eto nor any direct product thereof are exported or re-exported directly or indir
ectly in violation of, or used for any purposes prohibited by, such laws and reg
ulations. The Software is a "commercial item" as that term is defined in FAR 2.1
01, consisting of "commercial computer software" and "commercial computer softwa
re documentation," respectively, as such terms are used in FAR 12.212 and DFARS
227.7202. If the Software is being acquired by or on behalf of the U.S. Governme
nt, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as
applicable, the U.S. Government's rights in the Software will be only those spec
ified in this Agreement.
8. OPENSSL ACKNOWLEDGEMENT
This Software includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit (http://www.openssl.org/).
9. MODIFICATION OF THESE TERMS
You acknowledge and agree that this Agreement may be modified by Malwarebytes wi
th or without notice to you. However, you may terminate the Agreement at any tim
e by ceasing to use and deleting the Software.
10. FEEDBACK MARKETING
If you provide any ideas, suggestions, or recommendations regarding the Software
("Feedback"), Malwarebytes will be free to use, disclose, reproduce, license or
otherwise distribute, and exploit such Feedback as it sees fit, entirely withou
t obligation or restriction of any kind. By providing Feedback, you grant Malwar
ebytes a worldwide, perpetual, irrevocable, sublicenseable, fully-paid and royal
ty-free license to use and exploit in any manner such Feedback.
11. GENERAL
This Agreement will be governed by and construed in accordance with the laws of
the State of California, without regard to or application of conflict of laws ru
les or principles. The United Nations Convention on Contracts for the Internatio
nal Sale of Goods will not apply. you agree that any claims or actions regarding
this Agreement may be brought solely in the state of federal courts located in
the Northern District of California, and you waive any right to challenge jurisd
iction and venue therein. You may not assign or transfer this Agreement or any r
ights granted hereunder, by operation of law or otherwise, without Malwarebytes'
prior written consent, and any attempt by you to do so, without such consent, w
ill be void. Except as expressly set forth in this Agreement, the exercise by ei
ther party of any of its remedies under this Agreement will be without prejudice
to its other remedies under this Agreement or otherwise. All notices or approva
ls required or permitted under this Agreement will be in writing and delivered b
y email (we will email you at the email address you provided us when you initial
ly purchased your license), and in each instance will be deemed given upon recei
pt. The failure by either party to enforce any provision of this Agreement will
not constitute a waiver of future enforcement of that or any other provision. An
y waiver, modification or amendment of any provision of this Agreement will be e
ffective only if in writing and signed by authorized representatives of both par
ties. Nothing in this Agreement shall be construed to create a partnership, join
t venture or agency relationship between the parties. Neither party will have th
e power to bind the other or to incur obligations on the other's behalf without
such other party's prior written consent. If any provision of this Agreement is
held to be unenforceable or invalid, that provision will be enforced to the maxi
mum extent possible, and the other provisions will remain in full force and effe
ct. This Agreement is the complete and exclusive understanding and agreement bet
ween the parties regarding its subject matter, and supersedes all proposals, und
erstandings or communications between the parties, oral or written, regarding it
s subject matter, unless you and Malwarebytes have executed a separate agreement
for this specific Software. Any terms or conditions contained in your purchase
order or other purchasing document that are inconsistent with or in addition to
the terms and conditions of this Agreement are hereby rejected by Malwarebytes a
nd will be deemed null.
12. CONTACT US
If you have any questions regarding this Agreement, you may contact Malwarebytes
at legal@malwarebytes.com.

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