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  1. 1. MALWAREBYTES ANTI-ROOTKITBETA SOFTWARE LICENSE AGREEMENTPLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFOREDOWNLOADING, INSTALLING OR USING THE MALWAREBYTES ANTI-ROOTKITBETA SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY,THE “SOFTWARE”). THIS AGREEMENT DOES NOT APPLY TO MALWAREBYTESANTI-MALWARE SOFTWARE OR ENTERPRISE EDITION SOFTWARE, WHICH ARELICENSED UNDER A SEPARATE AGREEMENT.THE TERMS AND CONDITIONS OF THIS BETA SOFTWARE LICENSE AGREEMENT(“AGREEMENT”) GOVERN USE OF THE SOFTWARE UNLESS YOU ANDMALWAREBYTES CORPORATION (“MALWAREBYTES”) HAVE EXECUTED ASEPARATE WRITTEN AGREEMENT GOVERNING USE OF THE SOFTWARE.Malwarebytes is willing to license the Software to you only upon the condition that you accept allthe terms contained in this Agreement. By clicking on the “I accept” button below or bydownloading, installing or using the Software, you have indicated that you understand thisAgreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf ofa company or other legal entity, you represent and warrant that you have the authority to bind thatcompany or other legal entity to the terms of this Agreement, and, in such event, “you” and “your”will refer to that company or other legal entity. If you do not accept all the terms of this Agreement,then Malwarebytes is unwilling to license the Software to you, and you must destroy all copies ofthe Software.1. Grant of License. Conditioned upon your compliance with the terms and conditions of thisAgreement, Malwarebytes grants you a non-exclusive and non-transferable license to Execute (asdefined herein) each copy of the Software solely in executable form on a single computer or virtualmachine (a “Computer”), solely for your personal or internal business purposes. Once installed ontoa Computer, the Software may be operated by any person using the Computer, whether directly orvia remote connection. If you wish to transfer the Software to a different Computer, you must firstcompletely uninstall the Software from the first Computer, then reinstall the Software on the newComputer and re-register the Software on the new Computer with Malwarebytes. For purposes ofthis Agreement, “Execute” and “Execution” means to load, install, and run the Software locally on asingle Computer in order to benefit from its functionality as designed by Malwarebytes.2. Restrictions. You may not run the Software on a network, but must install it only on thequantity of individual Computers you are licensed for and run it locally on those Computers (butyou may install the Software onto individual Computers via upload or ‘push through’ via anetwork). You may not use or make the functionality of the Software available to third parties forany commercial purpose, such as for providing any computer repair, help desk or troubleshootingservice, unless you have each end user obtain from Malwarebytes an individual license for eachComputer on which the Software is run. You may not combine this Software with any third partyscript, application, hardware or tools which would cause it to run on an automated or unattendedbasis (but the foregoing does not prohibit you from using such functionality to the extent providedby Malwarebytes within the software). Except as expressly specified in this Agreement, you maynot: (a) copy (except in the course of loading or installing) or modify the Software, including butA9026/00001/SF/5114735.1
  2. 2. not limited to adding new features or otherwise making adaptations that alter the functioning of theSoftware; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any thirdparty; or (c) make the functionality of the Software available to multiple users through any means,including but not limited to by uploading the Software to a network or file-sharing service orthrough any hosting, application services provider, service bureau, software-as-a-service (SaaS) orany other type of services. You acknowledge and agree that portions of the Software, including butnot limited to the source code and the specific design and structure of individual modules orprograms, constitute or contain trade secrets of Malwarebytes and its licensors. Accordingly, youagree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permitor authorize a third party to do so, except to the extent such activities are expressly permitted by lawnotwithstanding this prohibition.3. Ownership. Each copy of the Software is licensed, not sold. You own the media on whichthe Software is recorded, but you acknowledge and agree that Malwarebytes retains ownership ofthe Software itself and any related data or databases used by Malwarebytes or the Software (the“Database”), including all intellectual property rights therein. The Software and Database areprotected by United States copyright law and international treaties. You will not delete or in anymanner alter the copyright, trademark, and other proprietary rights notices or markings appearing onthe Software as delivered to you. Malwarebytes reserves all rights in the Software and Database notexpressly granted to you in this Agreement.4. Updates. From time to time, Malwarebytes may, but has no obligation to, provide updatesto the Software. You are advised to update the Software regularly, or to set it to updateautomatically if that feature is available in your version of the Software. Malwarebytes reserves theright to designate any updates, additional content or features as requiring separate payment orpurchase of a separate subscription at any time and without notice to you. Nothing in thisAgreement entitles you to receive any support, maintenance, updates, upgrades, content or newversions of the Software. Malwarebytes specifically reserves the right to cease providing, updating,or maintaining the Software or Database at any time in its sole discretion.5. Term. The license granted under this Agreement remains in effect until terminated inaccordance with this Agreement. You may terminate the license at any time by destroying all copiesof the Software in your possession or control. The license granted under this Agreement willautomatically terminate, with or without notice from Malwarebytes, if you breach any term of thisAgreement. If you sue anyone over patents that you think may apply to the Software, your licenseto the Software ends automatically. Any patent rights in the Software granted by this license applyonly to the Software. Upon termination, you must at Malwarebytes’s option either promptly destroyor return to Malwarebytes all copies of the Software in your possession or control.6. Privacy Policy. By entering into this Agreement you agree to the terms of Malwarebytes’privacy policy, which can be found at (the “Privacy Policy”). Moreinformation concerning what data is tracked by Malwarebytes and how it is used is available in thePrivacy Policy. Specifically, you agree that Malwarebytes may track certain information it obtainsfrom your computer including data about any malicious software or other threats flagged by theSoftware, data about your license, data about what version of the Software you are using and whatoperating conditions it runs under and data concerning your geographic location. Malwarebyteswill not track any personal information about your computer other than data which is specifically2
  3. 3. related to operation of the Software. Geographic data collected by Malwarebytes tracks country andregion, but will not obtain data about your specific address.7. No Warranty. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS ABETA PRODUCT AND IS PROVIDED TO YOU FREE OF CHARGE. THE SOFTWARE ISPROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. MALWAREBYTESDISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDINGBUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OFCOURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED FROM MALWAREBYTES OR ELSEWHEREWILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THISAGREEMENT. You acknowledges and agrees that: (a) the Software is in beta form and has notbeen commercially released for sale by Malwarebytes; (b) the Software may not operate properly,be in final form or fully functional; (c) the Software may contain errors, design flaws or otherproblems; (d) it may not be possible to make the Software fully functional; (e) the informationobtained using the Software may not be accurate; (f) use of the Software may result in unexpectedresults, loss of data or communications, project delays or other unpredictable damage or loss; (g)Malwarebytes is under no obligation to release a commercial version of the Software; and (h)Malwarebytes has the right unilaterally to abandon development of the Software, at any time andwithout any obligation or liability to Licensee. Malwarebytes does not warrant that the Softwarewill meet your requirements, that the Software will operate in the combinations that you may selectfor Execution, that the operation of the Software will be error-free or uninterrupted, or that Softwareerrors will be corrected. Malwarebytes specifically disclaims any warranty or representation as tothe Software’s ability to eliminate any specific malware or rootkit threats or the completeness of theDatabase or protection modules.8. Limitation of Liability. MALWAREBYTES’S WILL HAVE NO LIABILITY TO YOUFROM ANY CAUSES OF ACTION OR UNDER ANY THEORIES OF LIABILITYWHATSOWEVER. IN NO EVENT WILL MALWAREBYTES BE LIABLE TO YOU FOR ANYSPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES(INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FORTHE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR INCONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OFTHE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPONCONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OROTHERWISE, AND WHETHER OR NOT MALWAREBYTES HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILLSURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THISAGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.9. U.S. Government End Users. The Software and Documentation are “commercial items” asthat term is defined in FAR 2.101, consisting of “commercial computer software” and “commercialcomputer software documentation,” respectively, as such terms are used in FAR 12.212 andDFARS 227.7202. If the Software and Documentation are being acquired by or on behalf of theU.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as28443/00100/SF/5404798.13
  4. 4. applicable, the U.S. Government’s rights in the Software and Documentation will be only thosespecified in this Agreement.10. Export Law. You agree to comply fully with all U.S. and other applicable export laws andregulations to ensure that neither the Software nor any technical data related thereto nor any directproduct thereof are exported or re-exported directly or indirectly in violation of, or used for anypurposes prohibited by, such laws and regulations.11. General. This Agreement will be governed by and construed in accordance with the laws ofthe State of Illinois, without regard to or application of conflict of laws rules or principles. TheUnited Nations Convention on Contracts for the International Sale of Goods will not apply. Youagree that any claims or actions regarding this license may be brought solely in the state of federalcourts located in Chicago, Illinois, and you waive any right to challenge jurisdiction and venuetherein. You may not assign or transfer this Agreement or any rights granted hereunder, by operationof law or otherwise, without Malwarebytes’s prior written consent, and any attempt by you to do so,without such consent, will be void. Except as expressly set forth in this Agreement, the exercise byeither party of any of its remedies under this Agreement will be without prejudice to its otherremedies under this Agreement or otherwise. All notices or approvals required or permitted underthis Agreement will be in writing and delivered by confirmed facsimile transmission, by overnightdelivery service, or by certified mail, and in each instance will be deemed given upon receipt. Thefailure by either party to enforce any provision of this Agreement will not constitute a waiver offuture enforcement of that or any other provision. Any waiver, modification or amendment of anyprovision of this Agreement will be effective only if in writing and signed by authorizedrepresentatives of both parties. If any provision of this Agreement is held to be unenforceable orinvalid, that provision will be enforced to the maximum extent possible, and the other provisionswill remain in full force and effect. This Agreement is the complete and exclusive understandingand agreement between the parties regarding its subject matter, and supersedes all proposals,understandings or communications between the parties, oral or written, regarding its subject matter,unless you and Malwarebytes have executed a separate agreement. Any terms or conditionscontained in your purchase order or other ordering document that are inconsistent with or inaddition to the terms and conditions of this Agreement are hereby rejected by Malwarebytes andwill be deemed null.12. Contact Information. If you have any questions regarding this Agreement, you maycontact Malwarebytes at