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AD-AWARE END USER LICENSE AGREEMENT



NOTICE TO USER: THIS IS AN END USER LICENSE AGREEMENT (THE "AGREEMENT") WHICH SETS OUT THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ENTITLED TO USE THE LICENSED SOFTWARE PRODUCT (AS DEFINED BELOW). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL AND USE THE LICENSED SOFTWARE PRODUCT. BY CLICKING THE "I ACCEPT" BUTTON (IF ANY) AND/OR BY INSTALLING AND/OR BY USING THE LICENSED SOFTWARE PRODUCT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE LICENSED SOFTWARE PRODUCT. IF YOU HAVE PAID FOR A LICENSE, YOU ARE ENTITLED TO A REFUND OF THE LICENSE FEE IN ACCORDANCE WITH SECTION 10 BELOW.

1. LICENSE GRANT. Lavasoft Limited, 48/4 Amery Street, Sliema SLM 1701, Malta ("Lavasoft") hereby grants you, the end user person, company or legal entity ("You"), a non-exclusive, non-transferable, non-sublicensable and limited license to use, on the terms and conditions set out in this Agreement and for the period of time for which You have obtained a license (the "License Period"): (i) the Ad-Aware Total, Pro, Personal or Ad-Aware Free software product (as applicable) in object code form, including any and all updates and or upgrades thereof, as Lavasoft, in its sole discretion, may provide; and (ii) any thereto related documentation (the "Documentation"), hereinafter collectively referred to as the "Licensed Software Product". You may use one (1) copy of the Licensed Software Product on one (1) computer, or if You purchased a multi-seat license to the Licensed Software Product, You may use one (1) copy of the Licensed Software Product per seat purchased. You are further entitled to make one (1) copy of the Licensed Software Product for back-up purposes, provided however that such copy is marked with all the proprietary notices of the original copy of the Licensed Software Product.

2. USE RESTRICTIONS. If You are a company or any other entity, You may not use the freeware version of the Licensed Software Product (Ad-Aware Free), as the freeware version of the Licensed Software Product may be used only by private home users. Further, You agree that You may not, nor permit any third party to: (i) sub-license, assign, transfer, distribute, pledge, lease, rent or share Your rights under this Agreement; (ii) modify or adapt the Licensed Software Product; (iii) disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Licensed Software Product (unless to the extent specifically permitted by applicable mandatory law); (iv) use the Licensed Software Product for timeshare, service bureau, or any other unauthorized purposes; (v); remove any proprietary notices or labels on the Licensed Software Product; or (vi) use the Licensed Software Product in any hazardous area (i e high-risk activities which require faultless operation, including but not limited to, operation of nuclear power installations, weapons systems, navigation and communication systems for aviation or transportation, life-sustaining devices and machinery, production and procedure in the pharmaceutical or nutrition industries).

3. PROPRIETARY RIGHTS. You acknowledge and agree that Lavasoft shall retain on behalf of itself and its licensors all rights, title and interest to the Licensed Software Product, including but not limited to any and all copyrights, patents, trademarks, trade secrets and any and all other intellectual property rights, and You acquire no rights of whatever nature to any intellectual property rights or other rights in the Licensed Software Product, except for the limited license right expressly set out in Section 1 above.

4. FEEDBACK. You hereby agree and acknowledge that any ideas, suggestions and other feedback that You may provide relating to the Licensed Software Product ("Feedback"), may be used by Lavasoft and its licensors to improve and/or enhance the functionality of the Licensed Software Product and/or any other Lavasoft products and accordingly You hereby grant Lavasoft and its licensors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and license to use, reproduce, disclose, sub-license (without restrictions), distribute, modify, create derivative works of, and or otherwise exploit any such Feedback without any limitations whatsoever.

5. LIMITED WARRANTY. Lavasoft warrants that for Your benefit alone, for ninety (90) days from the day You purchased the Licensed Software Product or for such other period of time as required by applicable mandatory law (the "Warranty Period"), the Licensed Software Product will operate substantially in accordance with the Documentation, provided however, that the Licensed Software Product is operated in accordance with the Documentation and Lavasoft's instructions. Notwithstanding the above, this warranty does not apply to any defects in the Licensed Software Product caused by: (i) accident, corruption or misuse of the Licensed Software Product; (ii) the use of the Licensed Software Product in execution environments not specified in the Documentation; (iii) failure in any hardware or software used in combination with the Licensed Software Product; or (iv) unauthorised modifications of the Licensed Software Product or any other use of the Licensed Software Product outside the scope of this Agreement. This warranty is further subject to that You report any defect in the Licensed Software Product to Lavasoft in writing within the Warranty Period. You hereby acknowledge and agree that, to the extent permitted by applicable mandatory law, Your sole remedy and Lavasoft's exclusive liability for defects in the Licensed Software Product will be to, in Lavasoft's sole discretion: (i) replace or correct the Licensed Software Product; or (ii) refund the license fee for the Licensed Software Product, less reasonable depreciation for the period of time that You have used the Licensed Software Product (in which case this Agreement will automatically terminate). To the extent permitted by applicable mandatory law the above warranty does not apply to, and Lavasoft offers no warranties for, the freeware version of the Licensed Software Product (Ad-Aware Free).

6. SUPPORT SERVICES. Lavasoft will, during Lavasoft's normal working hours, provide You with e-mail and/or other support services for the Licensed Software Product through the support centre at the Lavasoft website www.lavasoft.com (the "Support Services"). Notwithstanding the above, Lavasoft will not provide Support Services for the freeware version of the Licensed Software Product (Ad-Aware Free).

7. INSTALLATION STATISTICS AND AUTOMATIC UPDATES. You hereby acknowledge and agree that upon installation of the Licensed Software Product, the Licensed Software Product will automatically collect certain information from Your computer for pure statistical purposes including, but not limited to, whether the Licensed Software Product has been installed, which operating system You are using and whether You have also installed any third party software products that are being offered during installation of the Licensed Software Product (if any). You further, acknowledge and agree that the Licensed Software Product is configured to automatically download, from Lavasoft's servers ("Automatic Download"): (i) updates as a result of error corrections or enhanced functionality of the Licensed Software Product and updates of the definition files of the Licensed Software Product ("Software and Definition Files Updates"); and (ii) information updates, which may include license specific information, Lavasoft news and offers and any other information relating to the Licensed Software Product; ("Information Updates"). You may reconfigure the Licensed Software Product to disable the Automatic Download by changing the settings of the Licensed Software Product so that the Software and Definition Files Updates and/or the Information Updates will be downloaded only upon Your specific request ("Manual Download"). Further, You acknowledge and agree that the Licensed Software Product is configured to automatically send to Lavasoft's servers, license specific information relating to the Licensed Software Product from Your computer, whenever an Automatic Download or Manual Download of Software and Definition Files Updates and/or Information Updates is made.

8. REFUND POLICY. Lavasoft has adopted a refund policy so that You are, upon the provision of proof of purchase of the Licensed Software Product, entitled to a refund of the license fee from the reseller where You purchased a license to the Licensed Software Product within thirty (30) days from such purchase, or such longer period of time as required by applicable mandatory law, if: (i) You do not agree to the terms and conditions of this Agreement; or (ii) You are not satisfied with the Licensed Software Product. In case of a refund of the license fee for the Licensed Software Product, this Agreement will automatically terminate.

9. DISCLAIMER. EXCEPT AS EXPRESSLY SET OUT IN SECTION 5 ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE LICENSED SOFTWARE PRODUCT (INCLUDING FOR THE AVOIDANCE OF ANY DOUBT, THE DOCUMENTATION) AND THE SUPPORT SERVICES ARE PROVIDED "AS IS" AND LAVASOFT AND ITS LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE LICENSED SOFTWARE PRODUCT OR THE SUPPORT SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LAVASOFT AND ITS LICENSORS MAKES NO REPRESENTATION OR WARRANTY THAT: (i) THE OPERATION OF THE LICENSED SOFTWARE PRODUCT, OR THE SUPPORT SERVICES, WILL BE ERROR-FREE AND UNINTERRUPTED; (ii) ALL ERRORS OR DEFECTS IN THE LICENSED SOFTWARE PRODUCT WILL BE CORRECTED; OR (iii) THE LICENSED SOFTWARE PRODUCT WILL DETECT, REMOVE AND CLEAN YOUR COMPUTER OF ALL MALWARE OR OTHER POTENTIALLY HARMFUL OR UNWANTED APPLICATIONS OR SOFTWARE COMPONENTS. IF YOU ARE SUBJECT TO A JURSIDICTION IN WHICH ANY OF THE ABOVE DISCLAIMERS ARE NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATION.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, IN NO EVENT SHALL LAVASOFT, OR ITS LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY: (I) FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; NOR; (II) FOR DAMAGE TO PROPERTY, LOSS OR CORRUPTION OF DATA, LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), NO MATTER WHAT THEORY OF LIABILITY EVEN IF LAVASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND LAVASOFT'S LIABILITY HEREUNDER SHALL NOT, IN AGGREGATE, EXCEED THE LICENSE FEE PAID (IF ANY) FOR THE LICENSED SOFTWARE PRODUCT. IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH THE ABOVE LIMITATION OF LIABILITY OR ANY PART THEREOF IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATION.

11. TERM AND TERMINATION. This Agreement will enter into force upon Your acceptance of this End User License Agreement, however in no event later than upon installation of the Licensed Software Product and will, unless prematurely terminated as set out herein, remain in force for the License Period. Lavasoft is entitled to, at its sole discretion, prematurely terminate this Agreement with immediate effect or suspend the provision of the Software and Definition Files Updates and/or the Information Updates, upon notice to You (if possible), if You: (i) are in breach of any terms and conditions of this Agreement; or (ii) have not paid the applicable license fees in accordance with the agreed payment terms. You may terminate this Agreement at any time upon written notice to Lavasoft, however, please note that the license fee for the Licensed Software Product is non-refundable (with the exception set out in Section 10 above). Upon expiration or termination of this Agreement, You shall immediately: (i) cease the use of the Licensed Software Product; and (ii) destroy and erase the Licensed Software Product (including any back-up copy thereof).

12. PRIVACY. By entering into this Agreement with Lavasoft, You acknowledge and agree that the privacy policy of Lavasoft, as updated from time to time and accessible on the Lavasoft website www.lavasoft.com , is applicable to You.

13. THIRD PARTY SOFTWARE. The Licensed Software Product contains certain third party freeware and open source software, including but not limited to the freeware and open source listed at www.lavasoft.com/adaware/thirdpartysoftware/ (the "Third Party Software"). To the extent the terms and conditions for certain Third Party Software grant You additional rights to use, reproduce or modify such Third Party Software than the terms and conditions of this Agreement, such rights shall prevail over the terms and conditions of this Agreement for such Third Party Software portions of the Licensed Software Products.

14. CONSUMER PROTECTION. To the extent any applicable mandatory consumer legislation so requires, certain terms and conditions of this Agreement may be adjusted to fulfill such requirements under mandatory applicable law, however all other terms and conditions of this Agreement shall remain unaffected.

15. EXPORT CONTROL. You hereby acknowledge that the Licensed Software Product may be subject to import and export control laws and regulations, including but not limited to the U.S. Export Administration Regulations (EAR) and You hereby agree that You will not import or export, or allow any use of the Licensed Software Product which is in violation of such import and/or export control laws and regulations.

16. MISCELLANOUS. This Agreement constitutes the entire agreement concerning the subject matter of this Agreement and it supersedes any and all prior proposals, understandings or agreements between the parties relating to the subject matter hereof as well as any prior rights to use the Licensed Software Product which You may have obtained. You specifically acknowledge and agree that any terms and conditions in any purchase orders that conflict with the terms and conditions of this Agreement are null and void. No waiver or modifications to this Agreement shall be valid unless in writing and duly executed by both parties hereto. If any provision herein is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

17. GOVERNING LAW. This Agreement shall be governed by the laws of Malta, excluding its conflict of law principles. This Agreement shall not be governed by United Nations Convention on Contracts for the International Sale of Goods (CISG), the application of which is hereby expressly excluded. Any and all disputes arising out of this Agreement shall be subject to the sole and exclusive jurisdiction of the courts of Malta, except that Lavasoft may bring actions for injunctive relief in any competent court of jurisdiction. Notwithstanding the above, if You are a consumer, this Section 19, shall not affect any mandatory right You may have to take action in Your country of residence and under the laws of that country.

19. CONTACT INFORMATION. If You have any questions about the Licensed Software Product or this Ad-Aware End User License Agreement, the contact details for Lavasoft are specified on the Lavasoft website, www.lavasoft.com.