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Terms of Service and End User License Agreement ("EULA") for SpyHunter Web Security

NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY

Last Updated: November 22, 2022
Effective Date: November 24, 2022

These are the End User License Agreement ("EULA") and Terms of Service ("TOS") for SpyHunter Web Security (on the market since November 24, 2022) hereinafter interchangeably called "SpyHunter Web Security,” the "Product," the "Software" or the "Services.” 

SpyHunter Web Security for is for use with the following web browsers: Firefox, Microsoft Edge, Google Chrome, Opera and Safari (when available).

This Agreement is between you and EnigmaSoft Limited (referred to herein as "we," "us," or "our" and, from time to time, “EnigmaSoft”).

IMPORTANT: PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING ALL OR ANY PORTION OF THE PRODUCT, SERVICES, OR SOFTWARE 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.

DESCRIPTION OF SPYHUNTER WEB SECURITY IN GENERAL

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 ALSO BE AVAILABLE, FROM TIME TO TIME, AS A COMPONENT OF OTHER PRODUCTS FROM 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-web-security-eula/. YOUR CONTINUED USE OF THE PRODUCT AFTER WE MODIFY 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 PRODUCT.

PRODUCT UPDATES/UPGRADE

Updates to the Software will be made available through the web browser store from which you downloaded 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 other products and may elect to simply continue to use SpyHunter Web Security as a stand-alone product. Any questions users may have about subscribing to other EnigmaSoft products 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-web-security-eula/. When given the opportunity by the web browser store to Update the Software, please review the latest version of this Agreement.  You must agree to this Agreement in order to proceed with the Update. If you do not agree to the Agreement, you may not 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 by the web browser store, 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. If you do not agree to the change(s), it is your responsibility to cancel your account or cease using the Product and Services. 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 Product 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 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 Web Security to efficiently combat the threat of malware and other objects in accordance with their design, EnigmaSoft's collective Databases require constant Updates.

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 Web Security; (b) third party Computer information or software; (c) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (d) related explanatory written materials or files ("Documentation"); (e) fonts; (f) EnigmaSoft proprietary data; (g) EnigmaSoft's Intellectual Property; and (h) 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 Product.

2. AGREEMENT

This End User License Agreement and Terms of Service incorporate by reference the EnigmaSoft Privacy Policy and Cookies Policy that cover SpyHunter Web Security, the EnigmaSoft Discount Terms, the EnigmaSoft Website in its entirety, all FAQs for the Product, and any other supplemental policies and guidelines for SpyHunter Web Security 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 Product 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. RESERVED.

3.3. RESERVED.

3.4. User Accounts. SpyHunter Web Security may, from time to time, require you to have a user account to access or use the Software. By installing and using SpyHunter Web Security 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 in connection with any use of the Product by you or anyone using the web browser on which the Product is installed. When accessing or Using the Product, 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.

If and to the extent SpyHunter Web Security requires a username and password, 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 using 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. RESERVED.

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. Information We Collect Concerning Your Installation of the Software. When you install the Software via the web browser store, we receive information concerning activation status of the Software, a product ID, the version number of the Software, and a unique hardware ID.  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 Software or other products 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, Product Updates are also used, from time to time, to offer new products, 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 Product and the information you provide when communicating with customer support. 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. To the extent you create an account with us, your username and password may also be sent and received during communications for authentication 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.

4.5. RESERVED.

4.6. Information Collected/Transmitted During Product Use. 

4.6.a. RESERVED.

4.6.b. Classification Information. The Product identifies potentially harmful websites by comparing the URL for each website against extensive and periodically updated Databases. To inform that process, the Software sends us diagnostic data concerning your use of the Software, which may include without limitation, information about the type of web browser on which you are using the Software and statistics such as the number of URLs you’ve visited and the frequency with which you visit those URLs. We may on occasion collect the URLs in certain instances but only for purposes of improving our products and ensuring our Databases remain accurate and up-to-date.   but rather use them only to query the Databases to provide you with real-time information about the potential safety of those websites. Additionally, if you believe that the potential safety information that the Product provides with respect to any particular URL is inaccurate, the Product contains a “Report URL” functionality that will invite you to report such URL via a dialog box.  You will have an opportunity to report that URL as safe and provide any additional information you may wish to provide concerning that URL, including without limitation whether you are the owner or administrator of that URL.  We will use the information you provide via the “Report URL” functionality to investigate and determine whether the URL is inappropriately classified in the Databases. Classification statistics derived from your use of the Product may be kept indefinitely for research, product development and improvement. When we collect the above described diagnostic and statistical information, we may also receive, as data ancillary to that information, geolocation information (such as IP address), 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. USE OF PRODUCT AND SERVICES

5.1. Providing the Product and Services. This Agreement is for a single instance of the Product.  Terms concerning suspension and termination of your use of the Product are set out in Exhibit 2 to this Agreement and incorporated herein. 

5.2. Support. We’ll take commercially reasonably steps to provide Product support should you require it.  However, please be aware that EnigmaSoft cannot guarantee any support for SpyHunter Web Security as a stand-alone product.

5.3. RESERVED.

5.4. Uninstall Instructions. If you wish to uninstall the Product, please view uninstall steps at https://www.enigmasoftware.com/program-uninstall-steps/. Uninstalling the Product from a web browser will uninstall that Product from that particular web browser only.

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 Product without providing specific notice.

The following components are updated on a continuing basis: (a) the Software and Databases; and (b) other miscellaneous blacklist and 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 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 Product, 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, Product, 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 Product, 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:

  • provide your physical or electronic signature;
  • identify the copyrighted work that you believe is being infringed;
  • identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
  • provide us with a way to contact you, such as your address, telephone number, or email;
  • provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
  • provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

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, including without limitation information you provide via the Product’s “Report URL” functionality.

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 Product, 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 Product, 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 Product, 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 Product, 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, Product 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, Product or Services to another person or legal entity provided that: (a) you also transfer the Software, Product or Services and all other Software or hardware bundled or pre-installed with the Software, Product 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, Product or Services. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software, Product 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 Web Security (Software) Limitations. For the Software, in particular, we do not guarantee that the Software will detect all malicious, spoofed, phishing, unsafe, potentially unsafe, or other threatening, dangerous, or unknown websites, URLs, IP addresses,  or hyperlinks thereto to which you are seeking to navigate. The Software may erroneously report a website that is not, in fact, threatening, and we disclaim any warranty that the Software's reporting or analysis is correct or uninterrupted. For the avoidance of doubt, EnigmaSoft does not guarantee that (a) any website, URL, IP address, or hyperlink that the Software identifies at safe is actually safe, or (b) any website, URL, IP address, or hyperlink that the Software identifies as potentially unsafe is actually unsafe.  Furthermore, to the extent the Software identifies any website, URL, IP address, or hyperlink as uncategorized, EnigmaSoft does not guarantee that such website, URL, IP address, or hyperlink is either safe or unsafe.

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 Browsers. The particular web browser upon which the Software has been designed to execute and be Used will be indicated by the web browser application store from which you download the Software ("Compatible Brower"). For instance, if you download the Software from the Chrome Web Store, then the Compatible Browser for the Software is Google’s web browser Chrome. You agree that you will not Use, execute or install the Software on any Browser other than the Compatible Browser. You acknowledge and agree that the Software may not execute correctly and may interfere with other software or hardware if executed or Used on a web browser which is not the Compatible Browser.

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 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 WEB SECURITY PRODUCT/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 WEBSITES 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, url categorization and/or blocking PROGRAMS. WE MAY NOT LIST POTENTIAL THREATS and/or websites AND/OR ITEMS THAT OTHER ANTI-MALWARE, ANTI-VIRUS, PROGRAMS LIST AND MAY LIST POTENTIAL THREATS AND/OR ITEMS THAT OTHER ANTI-MALWARE, ANTI-VIRUS, url categorization and/or blocking 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 Product, Software, and/or Services you must:

  • comply with the Agreement;
  • comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws and other rights of any third party, tax laws, and other regulatory requirements in connection with your use of the Product, Software, or Services;
  • only access the Product, Software, and Services as permitted by the laws applicable to you in the jurisdiction you are located, including export control laws and regulations; and
  • use the Product, Software, and Services responsibly and consider carefully what content you upload, download, store, copy and transmit through the Product, Software, or Services.

1. DON'TS

When using or accessing the Product, Software and/or Services you must not (and must not attempt to):

  • violate any law, statute, ordinance or regulation;
  • promote or engage in any fraudulent, illegal or otherwise objectionable use in connection with the Product, Software, Databases, or Services;
  • register multiple user accounts with an intent or objective of subverting our rights under the Agreement or in a manner which we believe in our sole discretion is at odds with this Agreement, unless we give you our prior written permission;
  • sell, reproduce, transfer, rent, assign, lease, sublicense, lend or transfer any versions or copies of the Product, Software, Databases, or Services;
  • copy, modify, adapt or translate, reverse engineer, decompile, disassemble, decrypt, decipher, deobfuscate, translate, or otherwise attempt in any manner whatsoever to obtain the source code, encryption keys or underlying ideas or information of or relating to the Product, Software, Databases, or Services or any related technology, or any part thereof, except to the extent, if any, that you may be expressly permitted to do so under applicable law;
  • use or access the Product, Software, Databases, or Services in any manner which could damage or interfere with the operation of, place an unreasonable load on, damage, disable, overburden or impair the Product, Software, Databases, or Services or any other party's computer systems or hack or gain unauthorized access to the Product, Software, Databases, or Services;
  • avoid or circumvent any storage restrictions or limits;
  • upload, download, store, transmit, promote, advocate, post or copy any potentially unlawful, threatening, libelous, defamatory, tortious, obscene, offensive, hateful, terroristic, racist, bigoted, harassing, scandalous, abusive, inflammatory, discriminatory, harmful, fraudulent, invasive of another's privacy, hateful, pornographic or profane material, or any other material that is objectionable or could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to upload, download, store, transmit or copy, or where such uploading, downloading, storing, transmitting or copying is otherwise in breach of any rights of any rights of a party;
  • violate the rights of others, including, patents, trademarks, trade secrets, copyrights or other intellectual property rights;
  • violate the security of any computer network, or compromise any passwords or security encryption codes or processes;
  • promote or provide information about illegal activities, promote hatred, anger, bias, physical harm or injury against any group or individual, including, without limitation, advocating or promoting bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment or promote any illegal acts;
  • use any automated system or software to extract data or code from the Product, Software, Databases, or Services;
  • override any security feature of the Product, Software, Databases, or Services, or jeopardise the security of your account or someone else's account;
  • exploit children or do anything which we otherwise believe harms or may harm someone under 18 years of age;
  • obtain or attempt to obtain the password, account, or other security information from any other person;
  • use manual or automated software, devices or other means or processes to access, scrape or crawl our Product, Software, Databases, or Services, Our Content, or information (including, without limitation, encrypted, encoded, proprietary and/or publicly displayed data or information) therein;
  • engage in 'framing', 'mirroring', or otherwise simulating the appearance or function of the Product, Software, Databases, or Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on our Product, Software, Databases, or Services, Our Content, or information therein;
  • modify, create derivative works or copies or store any significant portion of our Product, Software, Databases, or Services, Our Content, or any related technology (unless allowed by law or expressly authorised by us in writing);
  • access the Product, Software, Databases, or Services except through the interfaces and application program interfaces (APIs) provided by us, such as through our Website, Software, and apps;
  • monitor the operation, availability, performance or functionality of the Product, Software, Databases, or Services for any competitive purpose, except as expressly authorized in writing by us;
  • attempt to mislead anyone about your identity or the origin of any content or communication, or impersonate or misrepresent your affiliation with any other person or entity;
  • incorporate, integrate or otherwise include the Product, Software, Databases, or Services or any portion thereof into any other software, program, product or technology;
  • knowingly transmit any data, or upload, store, transmit or copy any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, except as expressly authorized in writing by us and/or as may be requested by us or be critical to the operation of the Product as solely defined or dictated by us;
  • transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
  • abuse, harass or improperly badger (either orally or in writing) our help/service desk representatives/agents and/or any of our personnel performing services under this Agreement.

EXHIBIT 2 – SUSPENSION AND TERMINATION

1. Your Rights. You may cease using the Software at any time. To uninstall the Product, see uninstall instructions at https://www.enigmasoftware.com/program-uninstall-steps/.

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. 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) (if applicable) should they wish, we by default retain user account information and data for a reasonable period of time as a convenience to users.

3. Remedy Notice. Unless section 4 applies, before taking action under section 2 we will attempt to provide a written "notice to remedy" to you by contacting you at the email address associated with your account, if you have an account. We do not guarantee that or assume an obligation to ensure that a "notice to remedy" is sent to you.

4. No Notice. In all events, we are not under an obligation to provide a written "notice to remedy" to you under section 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.

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.