1

LICENSE GRANT

Kromtech 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™.

A

TRIAL LICENSE TERMS

Kromtech 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 EULA and rights of Kromtech and shall render the license null and void.

A1

According to the trial policy that comes into effect after activating MacKeeper™ through one of the special offers MacKeeper™ is fully functional during the amount of days specified in the special offer conditions counting out from the first time you run it. Upon lapse of such period all of or part of MacKeeper’s functionality will be disabled automatically or you may be offered with a special offer price. of such period all of or part of MacKeeper’s functionality will be disabled automatically or you may be charged with a special offer price. If you wish to use MacKeeper™ after the tryout period, you will need to purchase a Commercial License or claim your discount price according to the special offer. Additional information about the special offer is available at one of our special offer websites.

A2

Kromtech may grant you the possibility to evaluate the software by providing a free of charge partial fix which stands for a one time functionally-limited use of MacKeeper™. In order to proceed using MacKeeper™ it is necessary to purchase a non-exclusive, non-transferable license.

B

COMMERCIAL LICENSE TERMS

Kromtech grants you a non-exclusive 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 EULA and rights of Kromtech and shall render the license null and void.

B1
ONLINE ACTIVATION

The MacKeeper™ Software requires online activation in order to use it under the Commercial License Terms. Kromtech may at its sole discretion decide to adjust the exact technical conditions under which unactivated MacKeeper™ copies cease to work.

You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of MacKeeper™. Your licensed use of MacKeeper™ is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of MacKeeper™ after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Kromtech to complete reactivation.

This License grants you the right to activate and use MacKeeper™ on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. You can transfer your License from one of your computers to another through your Kromtech account and use MacKeeper™ only on one computer at once. Kromtech may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use MacKeeper™ on multiple computers.

B2
TRANSFER

The right to transfer the activated copy of the MacKeeper™ Software to another computer is personal. To transfer your activated copy of the MacKeeper™ Software to another computer you may need to contact Kromtech. You may transfer your MacKeeper™ license rights only once and permanently to another person or legal entity under the conditions that you transfer MacKeeper™ in its entirety, you do not retain a copy of MacKeeper™ or any part thereof yourself, and the receiving party reads, agrees with and accepts the terms and conditions of this Agreement. If you activated your license before transferring it you may need to contact Kromtech to complete the transfer.

2

GENERAL TERMS

These General Terms are applicable to the Commercial License. This agreement is available only to individuals who are at least 13 years old. You represent and warranty that if you are an individual, you are at least 13 years old, you are of legal age to agree to this Agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. 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 Kromtech or its licensors. Kromtech permits you to use MacKeeper™ only in accordance with the terms of this Agreement. All rights not specifically granted by Kromtech are reserved by Kromtech. 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 to any third party to make benchmark or other tests of MacKeeper™ except for those uses allowed in this Agreement. Kromtech 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 Kromtech is the subject of copyright and other intellectual, industrial or proprietary rights of Kromtech 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

Kromtech may provide you with automatic updates of MacKeeper™. They are turned on by default in order to provide you with the newest features and improvements of the software. You can manage it whenever you want to turn on/off automatic updates. This option is available by accessing “Preferences” menu of MacKeeper™. Upon occurrence of any difficulties please contact MacKeeper™ Customer Support.

In the event a MacKeeper™ update contains material change you will be notified about this via the software itself and you will have the possibility to decline installation of such update and/or uninstall the software completely.

ADDITIONAL SERVICES

Kromtech 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. Kromtech 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.

Kromtech 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 Kromtech, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS "Kromtech") 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. Kromtech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MACKEEPER™ WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MACKEEPER™ WILL BE CORRECTED. FURTHERMORE, Kromtech 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. KROMTECH DOES NOT GUARANTEE THAT MACKEEPER™ WILL WORK CORRECTLY IF YOU WILL ABANDON FROM AUTOMATIC UPDATES OF MACKEEPER, WHEREOF SPECIFIES IN SECTION “UPDATES” OF THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Kromtech, Kromtech AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO MACKEEPER. SHOULD MACKEEPER™ PROVE DEFECTIVE, YOU (AND NOT Kromtech OR A Kromtech 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. Kromtech 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. Kromtech 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 Kromtech NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND 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, Kromtech's ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO 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

Kromtech 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™. Kromtech is not required to offer you general advice on technologies underlying or related to MacKeeper™. Kromtech 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 Kromtech, 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 Kromtech, 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™. Kromtech 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 Kromtech upon its request.

TECHNICAL AND RELATED INFORMATION

Kromtech 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. Kromtech 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 Kromtech and its subsidiaries shall be limited in such a manner that Kromtech 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

Kromtech may issue a License Code or License Key to you, which you may need to activate MacKeeper™ under the terms of the Commercial License. Kromtech 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 Kromtech.

THIRD PARTY SOFTWARE LICENSES

MacKeeper™ may make use of third-party software components. Notwithstanding the foregoing, some of the third-party materials included in the MacKeeper™ software may be subject to other terms and conditions. In current version of MacKeeper™ we use Antivirus SAVAPI developed by Avira AG. In the case of installing our Internet Security service, which includes Real Time Safe Browsing, Automatic Security Updates and Real Time Antivirus Scan you confirm that you have read, understood and agreed to Avira Eula and Privacy Policy. You do not need to additionally, by separate procedure, confirm Antivirus SAVAPI T&C and Privacy Policy.

If you do not agree with Terms and Conditions of MacKeeper™ or Antivirus SAVAPI, please do not install MacKeeper™.

TERM AND TERMINATION

This Agreement is effective until terminated. Without prejudice to any other rights, Kromtech may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such event you must cease all use of MacKeeper™ and destroy all copies of MacKeeper™ that are in your possession. Inaction of Kromtech 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 licensed software confirms 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 elsewhere than the http://www.mackeeper.com website, forthwith return your purchased copy of MacKeeper™ with proof of payment to the location from which it was obtained.

Kromtech values any feedback from the 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 are direct proofs of issues with our software, for example, error messages or screenshots, and these issues cannot be resolved by our customer support department, the customer has the right to receive a refund. Refunds are not given in case of general computer problems not related to our software.

In case our software has become a reason 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 of the inflicted damage. After receiving a refund request concerning a technical infringement our Customer Support Agents require from 1 to 3 business days to give an initial response. After receiving all the relevant evidence and proofs our Customer Support Agents 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 a purchased type of subscription:

A

24 (twenty-four)-month / 2 (two)-years subscription.

According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.

B

12 (twelve)-month / 1 (one)-year subscription.

According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.

C

6 (six)-month subscription.

According to this type of subscription a partial refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.

D

1 (one)-month subscription.

According to this type of subscription a (partial) refund is given in compliance with the refund policy set forth herein for the ‘unused part of a purchased subscription license’.

E

Definitions

E.1.

An ‘unused part of a purchased subscription license’ is a certain amount of months (days) counted out beginning from the moment you have officially requested a refund until the expiration date of the subscription. In case of a 1 (one)-month subscription the ‘unused part of a purchased subscription license’ counts if you have been using the license for over 14 (fourteen) full days. If the license has been used for less than 14 (fourteen) full days you will be granted with a full refund covering the price of a 1 (one)-month subscription license. In case of a 24 (twenty-four)-month, 12 (twelve)-month or 6 (six)-month subscription the ‘unused part of a purchased subscription license’ counts beginning from the moment you have requested a refund until the expiration date of the subscription. Terms of a 1 (one)-month subscription refund policy also apply to 24 (twenty-four)-month, 12 (twelve)- and 6 (six)-month subscriptions.

NOTE THAT: if you have made a request for a refund during but not exceeding the first 14 (fourteen) full days of the month of request we grant you with a partial refund that covers the price of the subscription including the month of request. If you have made a request for a refund after the first 14 (fourteen) full days of the month of request we grant you with a partial refund that covers the price of the subscription NOT including the month of request.
A request for a refund is valid only during the purchased subscription period.

E.2.

‘Month of request’ is a month when the actual request for a refund is conducted.

F

The calculation of the amount of money needed for a refund is executed by our customer support department based on a specific algorithm that can be clarified with our Customer Support Agents.

Before requesting a refund, the customer must inform our customer support department of any issues that may arise in relation to our software. Refunds are given ONLY in case of contacting our support team and sending a request in written form via email. The email address where the request should be sent will be provided to you by one of our Customer Support Agents. Our customer support department is obliged to do their best to fix the problem. If they confirm that the software problem cannot be fixed, a refund will be given. The Company is not responsible for any independent actions taken by the customer or help from any third parties.

After submitting a refund request to our Customer Support Agent it will be reviewed and processed, unless a refund can not be performed due to the terms and conditions set forth herein. In this case the customer will be notified via email or phone as soon as possible.

The Company provides the customers with all possible kinds of support, including manuals, email support, phone support, live chat etc. Therefore if the customer did not follow the instructions, used incorrect setup or refused to use our customer support service, the Company has the right to decline the refund request.

If the software is purchased via the Internet, it does not include any physical storage media. If this fact is not taken into consideration, it does not entitle the user to a refund.

Inability to download the software is not an argument for the refund. The customer can have Internet or computer problems not related to our product. If the customer is unable to download the software, they must contact our customer support department.

Once the refund is given, further usage of the software becomes illegal and all granted licenses of MacKeeper™ render null and void; therefore the customer must uninstall the program. In addition, all registration data will be immediately blocked, and the refunded customer will not be able to use the updates.

Refunds are processed from 1 to 3 weeks - the amount of time needed by the bank to process the payment.

In case of double charge due to circumstances beyond the customer’s control, and if the fact thereof is confirmed, the Company is obliged to give the refund upon the per customer’s request.

All processing fees are non-refundable.

The logics of the Refund Policy set forth in this Agreement also applies to refunding a license purchased with any type of discount.

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 could be clarified with the Customer Support Service.

DISCOUNTS

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

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

FORCE MAJEURE

Kromtech shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Kromtech’s control, including, without limitation, power failures, Internet failures, dislocating servers, DDoS attacks, Hack 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 Kromtech 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™ Kromtech WILL NOTIFY THE USER THROUGH AN EMAIL AND/OR THE SOFTWARE AND/OR WEBSITE.

UNINSTALLATION

Before uninstalling MacKeeper™ please get familiar with the instructions on the official website mackeeper.com/uninstall_mackeeper

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 United Kingdom, 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 case an amicable settlement cannot be reached, all disputes differences or 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 at www.icdr.org). The language of the arbitral proceedings shall be English.

THIRD-PARTY BENEFICIARY

For all purposes of this License, each of Kromtech's 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 Kromtech in writing at Germany, 50667 Cologne, Richmodstrasse 6, Office 430 or by contacting our Support at support@mackeeper.com.