LICENSE GRANT

Clario may, at its sole discretion, grant you a Trial License or a Commercial License. Unless otherwise stated, the Trial License Terms as set out under (A) are applicable to your use of MacKeeper if you have not purchased or otherwise rightfully obtained a Commercial License for MacKeeper. The Commercial License Terms as set out under (B) are applicable to your use of MacKeeper if you have rightfully obtained a Commercial License for MacKeeper.

TRIAL LICENSE TERMS

Clario may grant you a non-exclusive, non-transferable license to use MacKeeper for time-limited or/and functionally-limited evaluation purposes only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MacKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way can be regarded as a violation of this Agreement and rights of Clario and shall render the license null and void.

COMMERCIAL LICENSE TERMS

Clario grants you a non-exclusive, non-transferable license to use MacKeeper, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MacKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way can be regarded as a violation of this Agreement and rights of Clario and shall render the license null and void.

GENERAL TERMS

These General Terms are applicable to the Commercial License. This agreement is available only to individuals who are at least 16 years old or have their legal guardians' permission. By agreeing, you certify that you are of legal age or have the requisite permission. The Company may in its sole discretion terminate the agreement with any person or entity and change its eligibility criteria at any time. This provision is valid to the fullest extent permitted by the applicable jurisdiction.

COPYRIGHT AND RESTRICTIONS

Copyright and other intellectual, industrial, and/or proprietary rights to MacKeeper and to any whole or partial copies that you make are owned by Clario or its licensors. Clario permits you to use MacKeeper only in accordance with the terms of this Agreement. All rights not specifically granted by Clario are reserved by Clario. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the mechanism/principle of functionality or modify the functionality, or to allow any third party to make benchmark or other tests of MacKeeper except for those uses allowed in this Agreement. Clario is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Clario is the subject of copyright and other intellectual, industrial or proprietary rights of Clario and/or third parties.

MODIFICATION RIGHTS

You agree not to replace or modify in any way libraries and resources included in the MacKeeper software.

UPDATES

Clario may provide you with automatic updates and/or upgrades of MacKeeper. The updates are turned on by default in order to provide you with the newest features and improvements of the software. If you have any difficulties, please contact our Customer Support at support@mackeeper.com.

In case the MacKeeper update contains any paid offers you will be notified about this via the software itself, and you will have the possibility to decline installation of such update/upgrade and/or uninstall the software completely.

ADDITIONAL SERVICES

Clario may provide a limited service of free antivirus updates for a period equal to the duration of your subscription plan.

ADDITIONAL ACTIVATIONS

The Commercial License does not allow MacKeeper to be activated and used on more computers than the number of computers you have obtained the said License(s) for. Clario may, at its sole discretion, for your convenience decide to allow you to activate MacKeeper on additional computers within reasonable limits. Notwithstanding such a decision, you are only licensed to use MacKeeper simultaneously on the amount of computers you have obtained the said License(s) for.

Clario may, at its sole discretion, decide to suspend further activations performed under the said License(s), and/or render the said License(s) null and void, if it considers the amount of activations performed under the said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the MacKeeper Software.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MACKEEPER IS AT YOUR SOLE RISK. MACKEEPER IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND CLARIO, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS "CLARIO") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. CLARIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MACKEEPER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MACKEEPER WILL BE CORRECTED. FURTHERMORE, CLARIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MACKEEPER IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. CLARIO DOES NOT GUARANTEE THAT MACKEEPER WILL WORK CORRECTLY IF YOU TURN OFF AUTOMATIC UPDATES OF MACKEEPER, SPECIFIED IN THE SECTION “UPDATES AND UPGRADES” OF THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLARIO, CLARIO AUTHORIZED REPRESENTATIVE, OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO MACKEEPER. SHOULD MACKEEPER PROVE DEFECTIVE, YOU (AND NOT CLARIO OR A CLARIO AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. CLARIO PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. CLARIO STRONGLY RECOMMENDS YOU TO PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CLARIO NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND/OR CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF MACKEEPER OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, CLARIO ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.

LIMITATION OF SUPPORT

Clario will make an effort to provide you with email, phone, and chat support pertaining to your use of MacKeeper. The said support will be limited to topics within the domain of basic usage of MacKeeper. Clario is not required to offer you general advice on technologies underlying or related to MacKeeper. Clario reserves the right to cease offering support of any kind pertaining to the usage of older releases of MacKeeper whenever a new release, whether for free or for pay, of MacKeeper becomes available.

INDEMNIFICATION

You agree to defend Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers, and suppliers against any and all claims, demand and/or actions and indemnify and hold Clario, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors harmless from and against any and all losses, damages, costs, and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of MacKeeper. Clario reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Clario upon its request.

TECHNICAL AND RELATED INFORMATION

Clario and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Clario and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Clario and its subsidiaries shall be limited in such a manner that Clario and its subsidiaries will not be capable of reconstructing the contents of files and folders you use from within MacKeeper or any other personal files and folders that are accessible to MacKeeper when you use it.

LICENSE CODE

Clario may issue a License Code or License Key to you, which you may need to activate MacKeeper under the terms of the Commercial License. Clario and its subsidiaries and distributors may link the said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Clario.

TERM AND TERMINATION

This Agreement is effective until terminated. Without prejudice to any other rights, Clario may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such an event, you must cease all use of MacKeeper and destroy all copies of MacKeeper that are in your possession. Inaction of Clario to terminate this Agreement after you fail to comply with any of the terms and conditions set out in this Agreement does not imply a waiver of any kind of the rights reserved by MacKeeper under this and other provisions.

REFUND POLICY

Please note that buying the licensed software confirms the customers’ awareness about all features and functionality of the product. The description of the product and its functionality is available on the official website (mackeeper.com).

If you purchased MacKeeper, you may obtain a refund of the purchase price a) according to the terms of REFUND POLICY, and b) if you have purchased your copy from somewhere other than the http://www.mackeeper.com website, return your purchased copy of MacKeeper with proof of payment to the location from which it was obtained.

Clario values any feedback from customers and does everything to fix all possible issues. However, if you are still not satisfied with our products and services, you may request a refund.

Refunds are given in case of problems directly related to our product. If there is direct evidence of issues with our software, for example, error messages or screenshots, and these issues cannot be resolved by our Customer Support, the customer has the right to receive a refund. Refunds are not given in case of general computer problems unrelated to our software.

In case our software becomes the source of a technical breach of your computer device, and there is enough evidence and proof on this matter, we may consider giving you a refund for the inflicted damage. After receiving a refund request concerning a technical infringement, our Customer Support shall require from 1 to 3 business days to give an initial response. After receiving all the relevant evidence and proof, our Customer Support shall require from 1 to 10 days to process the received material and give a qualified response.

Terms and conditions of a refund vary depending on the type of purchased subscription plan:

REBILL

A Rebill is an automatic extension of a subscription based on your initial agreement to the terms and conditions set forth at the MacKeeper checkout page. All details concerning the Rebill can be clarified with the Customer Support or on the MacKeeper account.

DISCOUNTS

You may be granted with a discount coupon that gives you the right to purchase a license for a lower price than the one originally announced. The coupon is valid for a one-time purchase of a license and is not applicable for extending the subscription or renewals.

You may also be provided with a discount given out by our Customer Support. In this case, the discount is given only once and you may not submit a request for a discount again.

FORCE MAJEURE

Clario shall not be in default of any obligation under the Agreement, if the failure to perform the obligation is due to any event beyond Clario control, including, without limitation, power failures, internet failures, dislocating servers, DDoS attacks, hacking attacks, viruses, natural disaster, war, riot, insurrection, epidemic, strikes, or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

MISCELLANEOUS

Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire Agreement between you and Clario relating to MacKeeper and supersedes all prior oral or written communications and representation with respect to MacKeeper or any other subject matter covered by this Agreement. If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.

CHANGES

AT THE TIME OF PURCHASE, THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE. IN CASE OF ANY MATERIAL CHANGE TO MACKEEPER, CLARIO WILL NOTIFY THE USER THROUGH AN EMAIL AND/OR THE SOFTWARE AND/OR WEBSITE.

UNINSTALLATION

Before uninstalling MacKeeper, please become familiar with the instructions on the official website mackeeper.com/uninstall

SEVERABILITY

If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.

GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER

The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of England and Wales, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences, or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In such cases where amicable settlement cannot be reached, all disputes, differences, or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes www.icdr.org). The language of the arbitral proceedings shall be English.

THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. THE PARTIES HERETO AGREE THAT NO FAILURE OR DELAY BY EITHER PARTY IN EXERCISING ANY RIGHT, POWER OR PRIVILEGE HEREUNDER WILL OPERATE AS A WAIVER THEREOF; NOR WILL ANY SINGLE OR PARTIAL EXERCISE THEREOF PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY RIGHT, POWER OR PRIVILEGE HEREUNDER.

THIRD-PARTY BENEFICIARY

For all purposes of this License, each of Clario third-party licensors of MacKeeper shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.

CONTACT US

If you have any questions, comments, or suggestions, you may contact us at support@mackeeper.com you may also write to us at 7 Stratford Place, Marylebone, London, United Kingdom, W1C 1AY..