Last Revised: November 19, 2018.
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.
WE ARE ENIGMASOFT LIMITED, A COMPANY INCORPORATED UNDER THE LAWS OF IRELAND WITH COMPANY REGISTRATION NUMBER 597114, WHOSE REGISTERED OFFICE IS AT 1 CASTLE STREET, 3RD FLOOR, DUBLIN 2, D02 XD82, IRELAND ("ENIGMASOFT", "WE", "US", OR "OUR").
SPYHUNTER IS AN ADAPTIVE SPYWARE DETECTION AND REMOVAL TOOL THAT PROVIDES PROTECTION AGAINST MOST SPYWARE THREATS, MALWARE, TROJANS, ROOTKITS AND OTHER MALICIOUS SOFTWARE.
THREAT ASSESSMENT CRITERIA CAN CHANGE AT ANY TIME. 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 SPYHUNTER. SPYHUNTER 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 DOWNLOADING, INSTALLING AND/OR USING SPYHUNTER, USER INDICATES THAT HE OR SHE UNDERSTANDS AND AGREES TO THESE POINTS AND PRACTICES CONCERNING SPYHUNTER'S APPLICATION OF ITS THREAT ASSESSMENT CRITERIA.THIS APPLICATION INSTALLS WITH LIMITED FUNCTIONALITY. THE APPLICATION'S SCAN AND DIAGNOSE MODE IS AVAILABLE BY DEFAULT (WITHOUT PURCHASE OF A SUBSCRIPTION). PURCHASE OF A SUBSCRIPTION IS REQUIRED TO ACTIVATE FULL FUNCTIONALITY, ENABLING REMEDIATION OR REMOVAL OF SPYWARE, MALWARE, THREATS AND OTHER OBJECTS.
A SHORTCUT WILL BE INSTALLED TO YOUR DESKTOP, AND THE APPLICATION WILL OPEN AUTOMATICALLY ON STARTUP. THIS APPLICATION BEHAVIOR CAN BE EASILY DISABLED WITHIN SPYHUNTER'S SETTINGS AFTER INSTALLATION, IF DESIRED.
AS PART OF THE INSTALLATION PROCESS, SPYHUNTER WILL INSTALL SOME OF ITS FILES TO A STATIC PATH: "C:\SH5LDR". THE FILES INSTALLED TO THIS LOCATION ARE RELATED TO SPYHUNTER'S COMPACT OS — A CUSTOMIZED MINIMAL OPERATING SYSTEM DESIGNED TO REMEDIATE PERSISTENT MALWARE OBJECTS AT A VERY LOW LEVEL OF THE SYSTEM. IF YOU DECIDE TO UNINSTALL SPYHUNTER, THESE FILES WILL BE REMOVED DURING THE UNINSTALLATION PROCESS.
NOTIFICATION OF CHANGES BY US.
WE RESERVE THE RIGHT TO MODIFY THE 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/spyhunter5-eula/. YOUR CONTINUED USE OF THE SOFTWARE AFTER WE ISSUE NOTICE OF A CHANGE TO THE AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES AND THE REVISED AGREEMENT.
Our Software also contains an in-app Update notification mechanism. When the Software launches and an Updated version of the Software is available, a dialog box will be displayed prior to implementation of the Update. The dialog box summarizes the material changes to the functionality of the Software, to this EULA, and to our privacy practices since the last version of the Software. Any material changes to our privacy practices will be highlighted in the dialog box in red bold type. 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 (and if you are a subscriber you may continue Use through to the end of your subscription period); or (ii) uninstall the Software. If you do not Update the Software when prompted or are otherwise not Using the latest version of the Software, service functionality will be significantly degraded and not all features or protections may be available. Please note that in order to efficiently combat spyware, malware, threats and/or other objects, the Database requires constant updates. Accordingly, for your convenience, Database updates will, by default, be set to be installed automatically and may not trigger the display of an update notice or dialog box.
In this EULA, 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.
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 and other objects. In addition, our Database may contain exclusions of non-malignant file components. In order to efficiently combat the threat of malware and other objects, our Database requires constant Updates.
EnigmaSoft, we, us or our means EnigmaSoft Limited, a company incorporated under the laws of Ireland with company registration number 597114, whose registered office is 1 Castle Street, 3rd Floor, Dublin 2, D02 XD82, Ireland.
EnigmaSoft Party has the meaning given in Section 9.1.
Permitted Number means the number of Computers that can 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 granted in writing by EnigmaSoft.
Software means all of the contents of the files or other media with which the Agreement is provided, including but not limited to (a) SpyHunter 5; (b) EnigmaSoft or third party Computer information, Software, or Database; (c) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (d) related explanatory written materials or files ("Documentation"); and (e) fonts; and (f) upgrades, modified versions, updates, definition files, additions, copies of the Software, and Database updates, if any, licensed to you by EnigmaSoft (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 SpyHunter 5 website located at https://www.enigmasoftware.com.
In addition to this EULA, there are additional terms and conditions that apply to our products and services. Please take a moment to familiarize yourself with the Additional Terms and Conditions that are located at https://www.enigmasoftware.com/sh5/license.txt.
Except in certain limited circumstances (for example. when you Use a trial version of the Software as part of a special promotional offer), you'll 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. 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. SOFTWARE LICENSE
As long as you comply with the terms of the Agreement, EnigmaSoft grants to you a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to Use the Software for the purposes described in this Agreement and in the Documentation.
3.1. General Use. You may Use the Software on your compatible Computer, up to the Permitted Number of Computers. 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, 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.
3.2. 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. Alternatively, 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 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 EnigmaSoft and purchase of a volume or server license.
3.3. 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.
3.4. 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. 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.
4. TERMS OF SALE AUTO-RENEWAL OF SUBSCRIPTIONS & PROMOTIONAL OFFERS
4.1. Providing the products and services. As long as you comply with the terms of the Agreement, you may Use the SpyHunter 5 Software on your Computer. You may purchase a subscription for the fully functional version of the SpyHunter 5 Software, which provides remediation or removal of spyware, malware, threats and/or other objects, fixes to your specific malware related problems, and advanced technical support from our Spyware HelpDesk.
4.2. 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 SpyHunter 5 Software, you can cancel and apply for a refund within the first 30 days from your original transaction date. You must notify our third party payment partner in writing that you are cancelling your subscription and are requesting a refund, and you do not need to give any reason. Otherwise a minimum subscription period of 6 months applies. Any refund may be subject to lawful deductions. If it appears to EnigmaSoft 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 this Section 4.2 you will immediately stop receiving access to the full functionality of the SpyHunter 5 Software. More information about how to send a cancellation notice is described in Section 4.5(a) (Cancelling) below.
4.3. Price and payment. To receive full functionality of the SpyHunter 5 Software, which includes receiving remediation or removal of spyware, malware, threats and/or other objects, fixes to your specific malware related problems, and advanced technical support from our Spyware HelpDesk, you must purchase and maintain a subscription. The total price for your 6 month subscription will be displayed on the purchase confirmation page that you are directed to after you place your order (the price may include local taxes, if applicable). The following payment methods are accepted: American Express, Visa, MasterCard, and Discover. By providing us with a payment method you represent and warrant that: (a) you are authorised to use the payment method you provide; and (b) the payment information you provide is true, accurate and not misleading. By providing us with a payment method you authorise us to charge you the applicable subscription fees on a recurring basis using your preferred payment method until you cancel. 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. If any payment is not successful, 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 Use of the full functionality of the SpyHunter 5 Software until a valid payment method is obtained.
4.4. Auto-renewal of your subscription. When you purchase a subscription to Use the full functionality of the SpyHunter 5 Software, you agree for your account to be configured for automatic billing every 6 months by your preferred payment method. We will send a number of email notifications to the email address you used when registering to remind you that you may cancel your subscription before the end of the subscription period. If you do not cancel your subscription before the end of a subscription period, your subscription will auto-renew for a further a 6 month period at the end of each subscription period and your preferred payment method will be billed accordingly.
4.5. Cancelling your subscription. (a) You may cancel your subscription to the Software at any time. The fastest way to cancel your subscription is to notify one of our third party payment partners. You can find all of the appropriate contact details and further helpful information at https://www.enigmasoftware.com/support/billing-questions/. Please ensure that your notice includes your name, details of the order (including order confirmation number) and, where available, your phone number and the registered email address from your order confirmation. (b) If you cancel beyond the initial 30 day cancellation period described in Section 4.2, you cannot apply for a refund for payments already made, and you will continue to have access to the full functionality of the SpyHunter 5 Software through to the end of your subscription period. No credits or refunds are provided for any partial-subscription periods. Subscriptions are personal and are non-transferable. If you want to continue to receive the full functionality of the SpyHunter 5 Software after your subscription lapses, it is your responsibility to renew your subscription.
4.6. Price Changes. We may change the price of our products and/or services from time to time by notifying you in writing. If your subscription is set to auto-renew and the price has increased, you will be notified of the applicable new price and you will be allowed to cancel your subscription within 14 days of receipt of our notice. If you do not cancel within that time, any price change will apply no earlier than 30 days following the date you were first notified of the price change.
4.8. Uninstall Instructions. If you wish to uninstall the SpyHunter 5 Software, please visit https://www.enigmasoftware.com/program-uninstall-steps/ to view the uninstall steps.
5. CONTENT UPDATES
The following Software is updated on a continuing basis: (a) the SpyHunter 5 Software, (b) the Database, and (c) updated URL lists. These Updates are collectively referred to as "Content Updates"). You shall have the right to obtain Content Updates for the duration of your Use of the Software in accordance with the Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by EnigmaSoft to make are the intellectual property of and are owned by EnigmaSoft and its suppliers. The structure, organization, Database, and code of the Software are the valuable trade secrets and confidential information of EnigmaSoft and its suppliers.
The Software is protected by copyright, including without limitation by United States and International copyright laws, international treaty provisions and applicable laws in the country in which it is being used.
Third party code may be aggregated or distributed with EnigmaSoft's proprietary and copyrighted software. The copyright notices and license terms for such third party code are detailed in the license.txt file located in the SpyHunter folder on your Computer and also located online at https://www.enigmasoftware.com/sh5/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, except as set forth in Section 3 above ("Software License"). Any copies that you are permitted to make pursuant to the 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 EnigmaSoft in writing to provide the information necessary to achieve such operability and EnigmaSoft has not made such information available. EnigmaSoft has the right to impose reasonable conditions and to request a reasonable fee before providing such information.
Any information supplied by EnigmaSoft 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 EnigmaSoft 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, the 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, legal services, professional advice, apps, products 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.
You may not sell, reproduce, rent, transfer, assign, 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 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 expressly accepts the terms and conditions of the Agreement and any other terms and conditions upon which you legally acquired a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software. Any purported transfer in violation of this section shall be void ab initio and of no force or effect.
8. USE ONLY AS LICENSED
As set forth in Section 3, above, the Software may only be Used as licensed.
9. LIMITED WARRANTY
9.1. Software Limitations. You hereby acknowledge that Use of the Software may not be uninterrupted and cannot be guaranteed error free. You further acknowledge that such unavailability or the existence of any such errors shall not constitute a breach of the Agreement by EnigmaSoft, or its officers, employees, contractors, directors, parent companies, subsidiaries, affiliates, suppliers, subcontractors, agents or licensors ("EnigmaSoft Party"). In particular, EnigmaSoft does not guarantee that the Software will detect and/or remove all known viruses, spyware, adware, malware, Trojans, keyloggers and trackware and other threats and objects, 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 EnigmaSoft disclaims any warranty that the Software's reporting or analysis is correct or uninterrupted.
9.2. 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.
9.3. Dependencies. The Software is designed to work with external third-party applications, and in some instances, the continued functionality 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 EnigmaSoft cannot and does not warrant that all currently supported third-party applications, systems or databases will remain compatible or available.
9.4. Compatible OS. The particular operating systems upon which the Software has been designed to execute and be Used will be published by EnigmaSoft 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.
9.5. 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 the liability of the EnigmaSoft Parties for breach of any Prescribed Terms will be limited, to the extent permitted by law, at the option and sole discretion of EnigmaSoft, 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 an EnigmaSoft 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, the EnigmaSoft 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.
9.6. Independent Judgment. You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by an EnigmaSoft 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 EnigmaSoft.
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.
THE LIMITED WARRANTY IN SECTION 9.5 STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AN ENIGMASOFT PARTY'S BREACH OF WARRANTY. THE ENIGMASOFT 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 ENIGMASOFT 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.
11. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO YOU IN YOUR JURISDICTION, IN NO EVENT WILL ANY ENIGMASOFT 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 AN ENIGMASOFT 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 ENIGMASOFT 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 ENIGMASOFT FOR THE SOFTWARE IN THE PREVIOUS 12 MONTHS, AND IF YOU HAVE NOT PAID ENIGMASOFT ANY AMOUNT FOR THE SOFTWARE SHALL BE €0 (ZERO EUROS). EnigmaSoft is acting on behalf of its 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 EnigmaSoft's customer support department.
No EnigmaSoft Party is liable for any failure of the Software resulting from: (a) an alteration, addition, adjustment or repair that is not performed by an EnigmaSoft Party; (b) misuse, damage or unlicensed use of the Software by you or a third party; or (c) Use of Software other than in accordance with the Agreement and the Documentation.
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 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.
13. 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 EnigmaSoft's 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.
14. 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 By Us' section above. The Agreement may only be modified by you if agreed in writing and signed by an authorized officer of EnigmaSoft. Updates may be licensed to you by EnigmaSoft 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 EnigmaSoft and you relating to the Software and supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. EnigmaSoft will not be liable for any failure or delay in performance, due in whole or in part, to anything beyond EnigmaSoft's 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.
15. 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.
16. COMPLIANCE WITH LICENSES
If you are a business or organization, you agree that upon request from EnigmaSoft or EnigmaSoft's authorized representative, you will within 30 days fully document and certify that Use of any and all EnigmaSoft Software at the time of the request is in conformity with your valid licenses from EnigmaSoft.