EULA

EULA REVISION: 2016-01-27

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.

BY DOWNLOADING AND INSTALLING ALL OR ANY PORTION OF THE SOFTWARE YOU AGREE TO AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH INCLUDE THE LIMITATIONS ON USE CONTAINED IN SECTION 2; LIMITATIONS ON TRANSFERABILITY IN SECTION 6; THE LIMITED WARRANTY IN SECTIONS 8 AND 9; THE DISCLAIMER OF WARRANTY AND LIMITATIONS ON LIABILITY IN SECTIONS 10 AND 11; AND THE EXCLUSIVE DISPUTE RESOLUTION PROVISIONS IN SECTION 13.

ANTI EXPLORATOR IS AN ADAPTIVE SPYWARE DETECTION AND REMOVAL TOOL THAT PROVIDES PROTECTION AGAINST MOST SPYWARE THREATS, MALWARE, TROJANS, ROOTKITS AND OTHER MALICIOUS SOFTWARE.

THIS APPLICATION INSTALLS WITH LIMITED FUNCTIONALITY. THE APPLICATION’S SCAN AND DIAGNOSE MODE IS AVAILABLE BY DEFAULT (WITHOUT PURCHASE). PURCHASE IS REQUIRED TO ACTIVATE FULL FUNCTIONALITY, ENABLING REMOVAL OF SPYWARE, MALWARE AND OTHER THREATS.

A SHORTCUT WILL BE INSTALLED TO THE USER’S DESKTOP, IF SELECTED. THIS APPLICATION BEHAVIOR CAN BE EASILY DISABLED WITHIN ANTI EXPLORATOR’S SETTINGS AFTER INSTALLATION, IF DESIRED.

ANTI EXPLORATOR APS RESERVE THE RIGHT TO MODIFY THIS EULA AS NEEDED IN OUR SOLE DISCRETION. THE EULA IN EFFECT AT THE TIME YOU DOWNLOADED THE SOFTWARE WILL GOVERN YOUR USE OF IT, UNLESS WE MODIFY THE EULA. WE WILL SEND NOTICE OF CHANGES TO THIS EULA IN THE MANNER DESCRIBED BELOW. YOUR CONTINUED USE OF THE SOFTWARE AFTER WE ISSUE NOTICE OF A CHANGE TO THE EULA WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES AND THE REVISED EULA. IF YOU CANNOT OR DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE.

NOTIFICATION OF CHANGES TO THIS EULA

We may make changes to this EULA from time to time. When we decide to do so, we will post those changes in the EULA accessible via our website (www.anti-explorator.com/eula) and in the EULA file packaged with the ANTI EXPLORATOR software download.

If you object to any change we make to this EULA, you may terminate this agreement and cease use of the software. Please note, though, that your use of the software after notice of changes to this EULA will constitute your acceptance of the changes to the EULA.

1. DEFINITIONS.

(“ANTI EXPLORATOR APS”) is a Danish limited liability company, located at Vestergade 55, 1., Odense C, Denmark. A developer of computer security software.

(“Software”) means all of the contents of the files or other media with which this Agreement is provided, including but not limited to (a) ANTI EXPLORATOR APS or third party computer information, Software, or Database; (b) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (c) related explanatory written materials or files (“Documentation”); and (d) fonts; and (e) upgrades, modified versions, Updates, additions, copies of the Software, and Database Updates, if any, licensed to you by ANTI EXPLORATOR APS (collectively, “Updates”).

(“Use”) or (“Using”) means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

(“Database”) means a structured collection of records or data that is stored, encrypted, and tabulated in a proprietary format. Our Database relies upon our Software to organize and interpret the stored data. Our data contains the structure and removal rules of malignant malware components. In addition, our Database may contain exclusions of non-malignant file components. In order to efficiently combat the threat of malware, our Database requires constant Updates.

(“Permitted Number”) means the number of computers that can install and use a copy of the Software, and such number is one (1) by default unless otherwise indicated under a valid license (e.g., a volume license) specifically negotiated and granted by ANTI EXPLORATOR APS.

(“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.

2. SOFTWARE LICENSE.

As long as you comply with the terms of this EULA (the “Agreement”), ANTI EXPLORATOR APS grants to you a non-exclusive license to use the Software for the purposes described in the Documentation.

2.1. General Use. You may install and use the Software on your compatible computer, up to the Permitted Number of computers; or

2.2. Server Use. You may install one 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 or you may install one 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 the Computer that accesses or uses the Software on such computer file server at any time, whether concurrent or not, does not exceed the Permitted Number. No other network use is permitted without negotiation and purchase of a volume or server license; and

2.3. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.

2.4. 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 one of your home computers. However, the Software may not be used on your home computer 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 5 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 you do not use. If the Software is a Content Update, as discussed in Section 5 below, you must possess a valid license to such previous version in order to use the Content Update.

3. INFORMATION WE COLLECT FROM YOU AND YOUR COMPUTER

3.1. In general. When you start ANTI EXPLORATOR as a registered user, your username and system time will be transmitted to our server. This is only for application use and it will not be used or transmitted to any others in any other way.

3.2. Updates To ANTI EXPLORATOR. Once every hour ANTI EXPLORATOR will automatically check for updates on our server. To do that the version of the current installed program will have to be transmitted to our server.

4. RENEWALS.

When you purchase ANTI EXPLORATOR, your account will be configured for six month semi-annual manual billing. If you choose to cancel the billing option, you can accomplish this by not renewing the license, when prompted to do so. If you do not renew the license, we will not bill you for continued service when your license expires. If you desire continued service, it will be your responsibility to renew your account. You will always be prompted to renew your license within the Software itself.

5. CONTENT UPDATES.

ANTI EXPLORATOR is updated from time to time (including but not limited to the following: (a) the ANTI EXPLORATOR Software, (b) the malware definitions & signatures Database, (c) updated URL lists, (d) and other miscellaneous blacklist & whitelist Databases. These Updates are collectively referred to as “CONTENT UPDATES”). You shall have the right to obtain Content Updates for the duration of your subscription, which is 6 months after your purchase of a license. ANTI EXPLORATOR APS may create a new version of its software, or otherwise create a Content Update that is sufficiently new or different that it will require purchase of a separate subscription to access such Content Update. In such event, you nonetheless will have access to other Content Updates, which will permit you full benefit of your six-month license. This License does not otherwise permit Licensee to obtain and use Content Updates.

6. INTELLECTUAL PROPERTY RIGHTS.

The Software and any copies that you are authorized by ANTI EXPLORATOR APS to make are the intellectual property of and are owned by ANTI EXPLORATOR APS. The structure, organization, Database, and code of the Software are the valuable trade secrets and confidential information of ANTI EXPLORATOR APS and its suppliers.

The Software is protected by copyright, including without limitation by European Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.

Third party code may be aggregated or distributed with ANTI EXPLORATOR APS’ proprietary and copyrighted software.

You may not copy the Software, except as set forth in Section 2 (“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 or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another Software program, and you have first requested ANTI EXPLORATOR APS to provide the information necessary to achieve such operability and ANTI EXPLORATOR APS has not made such information available. ANTI EXPLORATOR APS has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by ANTI EXPLORATOR APS 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 the ANTI EXPLORATOR APS Customer Support Department. 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 printed output produced by 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.

7. TRANSFER.

You may not rent, lease, sublicense or authorize all or any portion of the Software 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 to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other Software or hardware bundled or pre-installed with the Software, 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 accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

8. USE ONLY AS LICENSED.

As set forth in Section 2, above, the Software may only be used as licensed.

9. LIMITED WARRANTY.

You hereby acknowledge that the Software may not be uninterrupted and cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by ANTI EXPLORATOR APS. In particular, ANTI EXPLORATOR APS does not guarantee that the Software will detect and/or remove all known viruses, spyware, adware, malware, Trojans, keyloggers and trackware, 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 ANTI EXPLORATOR APS disclaims any warranty that its reporting is correct. 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.

9.1. The particular operating systems upon which the Software has been designed to execute will be published by ANTI EXPLORATOR APS from time to time (“Compatible OS”). You agree that you will not 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 if executed on an operating system which is not a Compatible OS.

9.2. In the event that any terms, conditions, representations or warranties are implied by statute, common law or equity (“Prescribed Terms”) into this Agreement which cannot be lawfully excluded, the Prescribed Terms will apply to this Agreement, save that the liability of ANTI EXPLORATOR APS for breach of any Prescribed Terms will be limited, to the extent permitted by law, at the option and sole discretion of ANTI EXPLORATOR APS, 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.

9.3. If the liability of ANTI EXPLORATOR APS for breach of any Prescribed Terms is capable of exclusion, they are hereby excluded to the fullest extent permitted by law.

9.4. Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms: (a) ANTI EXPLORATOR APS makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software (other than that ANTI EXPLORATOR APS is entitled to grant to you the rights set out in this EULA); (b)you will not under any circumstances have any cause of action against, or right to claim or recover from, ANTI EXPLORATOR APS for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms; and (c) subject to paragraph (d)above, the maximum liability of ANTI EXPLORATOR APS to you in respect of any breach of this Agreement or otherwise in respect of your use of the Software will be the amount you have paid ANTI EXPLORATOR APS for the Software and if you have not paid ANTI EXPLORATOR APS any amount for the Software, will be the amount of 0 EUR (zero euros).

9.5. You acknowledge that this is the sole agreement between you and ANTI EXPLORATOR APS, and you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by ANTI EXPLORATOR APS which have not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by ANTI EXPLORATOR APS.

9.6. For further warranty information, please see the jurisdiction specific information in our GOVERNING LAW section which is Section 13 of this Agreement, if any, or contact ANTI EXPLORATOR APS’s Customer Support Department.

9.7. Further instructions on the procedures and policies to make a warranty claim are explained in our REFUND POLICY which is Section 16 of this agreement. Your exclusive remedy shall be limited to either, at ANTI EXPLORATOR APS’s option, the replacement of the Software or the refund of the license fee you paid for the Software.

10. DISCLAIMER.

THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ANTI EXPLORATOR APS’S OR ITS SUPPLIER’S BREACH OF WARRANTY. ANTI EXPLORATOR APS AND ITS SUPPLIERS 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, ANTI EXPLORATOR APS AND ITS SUPPLIERS 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.

11. LIMITATION OF LIABILITY.

IN NO EVENT WILL ANTI EXPLORATOR APS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ANTI EXPLORATOR APS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ANTI EXPLORATOR APS’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. ANTI EXPLORATOR APS is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact ANTI EXPLORATOR APS’s Customer Support Department.

12. EXPORT RULES.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the European Union and/or The Kingdom of Denmark or any other 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, an embargoed nation 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 this Agreement.

13. GOVERNING LAW AND DISPUTE RESOLUTION.

This Agreement will be governed by and construed in accordance with the substantive laws in force in Denmark and the European Union. This 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. All disputes arising from or related to your use of the Software shall be resolved through binding, confidential arbitration, which is the sole and exclusive remedy for any dispute. Such arbitration shall be conducted in accordance with the European Union Consumer Procedure Rules. The arbitration shall be conducted in Anti Explorator ApS’ home jurisdiction (The court of Odense, Denmark).

14. GENERAL PROVISIONS.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of ANTI EXPLORATOR APS Updates may be licensed to you by ANTI EXPLORATOR APS with additional or different terms. This is the entire agreement between ANTI EXPLORATOR APS and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

15. COMPLIANCE WITH LICENSES.

If you are a business or organization, you agree that upon request from ANTI EXPLORATOR APS or ANTI EXPLORATOR APS’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all ANTI EXPLORATOR APS Software at the time of the request is in conformity with your valid licenses from ANTI EXPLORATOR APS.

16. REFUND POLICY.

Refund requests from purchases placed directly at ANTI EXPLORATOR APS’s purchase page (via online download or on CD) must be requested through our Costumer Support, located at www.anti-explorator.com. Only ANTI EXPLORATOR APS Costumer Support is authorized to process all the refund requests from our subscribers. You must adhere to the following guidelines and initiate the refund request within 30 days from the date of purchase in accordance with our policy below. In addition, ANTI EXPLORATOR APS is also authorized to provide a refund outside the 30 day period where it is required by law to do so.

16.1. All requests for refunds must be made to ANTI EXPLORATOR APS within 30 days of the date ANTI EXPLORATOR APS first made the software available to you for download (the “Purchase Date”). You can accomplish this by contacting Costumer Support, located at www.anti-explorator.com. ANTI EXPLORATOR APS will also provide you with a refund where it is required to do so by law.

16.2. ANTI EXPLORATOR APS is not responsible for lost or misdirected mail, delays for downloading, or other communication system delays.

16.3. You must provide ANTI EXPLORATOR APS with sufficient information to be able to identify your transaction, such as the order number and/or e-mail address and/or date of transaction given to you when the download was ordered.

16.4. ANTI EXPLORATOR APS will only refund the amount you paid for the software plus any appropriate taxes charged with that order. ANTI EXPLORATOR APS will not refund any shipping or handling charges that may have been charged to you in respect of your return of your CD to ANTI EXPLORATOR APS.

16.5. Refunds will be made in the same manner as you purchased the product. For example, if you purchased the product by PayPal, ANTI EXPLORATOR APS will send your refund to your PayPal account. If you purchased by credit card, your credit card account will be credited.