MacKeeper™
End User License Agreement
Updated: 10.12.2019
This End User Agreement (hereinafter "Agreement" or “EULA”) constitutes a legal agreement between You (either an individual or a legal entity) and Clario Tech Limited, with its principal office at 7 Stratford Place, Marylebone, London, United Kingdom, W1C 1AY (hereinafter "Clario" or "Company") for the use of MacKeeper.
This EULA 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.
The MacKeeper software (the computer program in machine readable object code form issued by Clario pursuant to this Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the MacKeeper software) and/or other materials distributed with the MacKeeper software is licensed, not sold, to you by Clario, and Clario reserves all rights not expressly granted to you within this Agreement. Under no circumstances shall the source code of MacKeeper software be made available to you by Clario. The MacKeeper software and Documentation are collectively referred to as 'MacKeeper'.
By downloading, installing, copying, or otherwise using all or any portion of the MacKeeper you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use the MacKeeper. Violation of any part of the Agreement will result in termination of your account.
Clario reserves the right to modify, add to, discontinue, and/or retire any Services and/or any feature of a Services at any time. We may also modify the terms and conditions that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on our website. We have no obligation to provide direct notice of any such changes. We have the right to define eligibility criteria for the Services, and make changes to those criteria at any time. If we modify or update this Agreement and/or Services, you have affirmatively agreed to such changes by continuing to use the Services. If you object to such change, your sole remedy shall be to terminate and/or cancel the Services.
Definitions
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Problem. By the word “problem”, Clario means possible security and optimization gaps, outdated apps, lack of free space on the hard disk because of junk files or temporary files, and other aspects that should be examined and fixed according to the Company’s opinion.
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Item. Under the word “item,” Clario means cleaning, optimization, and security aspects that may affect a Customer’s overall computer system status should be examined and fixed according to the Company’s opinion.
MACKEEPER FUNCTIONALITIES
MacKeeper functionalities may vary depending on the version and the generation of the software is purchased by a customer. In particular, 4x and 3x generations are a comprehensive set of cleaning, security, optimization, and privacy utilities, and most of their functionality is aggregated into the Find & Fix plugin (please see below a detailed specification of the MacKeeper software functionalities made in layers for your convenience).
MACKEEPER 4X
“Find & Fix” is a one-click way to scan your Mac for cleaning, security, performance, and privacy items, and fix them after purchasing a license. Both scanning and fixing is accompanied by a 24/7 live chat with a real tech expert.
CLEANING
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“Safe Cleanup”
Safe Cleanup finds and removes junk files on your hard drive to free up space. You can easily manage which files you want to delete and do it in a few clicks. -
“Duplicates Finder”
Duplicates Finder detects and removes file copies that take up space on your hard drive. You can also start a custom scan to find duplicates in a specific Mac folder. -
“Smart Uninstaller”
Smart Uninstaller shows how much space apps, widgets, plugins, preference panes, and browser extensions take up on your Mac so you can delete them. You can also remove useless app leftovers that keep referring to deleted apps.
PERFORMANCE
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“Memory Cleaner”
Memory Cleaner cleans and optimizes your Mac's RAM (random access memory) where all the data of current session is stored. You can also find and stop memory-intensive apps and processes to help your Mac run smoother. -
“Update Tracker”
Update Tracker checks each application installed from the App Store or any other source on your Mac for any available updates. All outdated apps can be automatically updated in a single click. -
“Login Items”
The Login Items feature scans which processes and applications are set to launch at startup. Removing login items may allow your Mac to start up faster.
PRIVACY
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“VPN Private Connect”
VPN Private Connect is a virtual private network that secures your internet connection by hiding your IP address and sending your web data through servers around the world. This feature can encrypt your data and hide your browsing, making you virtually invisible to ISPs, advertisers, hackers, and even governments around the world while you are online. -
“Anti-Tracking”
Anti-Tracking is a browser extension that blocks website trackers and counts the number of blocked and found trackers. This feature can be enabled or disabled by users at any time. -
“ID Theft Guard”
This feature scans user email for being a part of data leaks database and shows what other information besides were leaked. It allows to add multiple emails and scan them all for once, or in real time. It shows only the leaks, that contain passwords. -
“StopAd”
StopAd feature helps you to remove advertisements and tracking scripts from the page before opening.
SECURITY
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“Internet Security”
Internet Security is a 2-in-1 feature. It includes the following:1. “Antivirus”
This feature detects potentially harmful files infected with viruses, spyware, malware and so on. You can scan a specific file or folder for viruses, or check your entire Mac.2. “Adware Cleaner”
This feature searches for adware-infected apps that may show unwanted ads on your Mac. You can easily detect adware infection and delete it from your Mac. -
“Track My Mac”
Track My Mac allows you to see your Mac’s current location on a map, so you could locate it if it’s lost or stolen. Lock it remotely and see snapshots of whoever enters the wrong Mac password in three ways — from the Track My Mac plugin, the MacKeeper account, and the iOS “Track My Mac” app.
NOTE:
Features like Track My Mac, VPN Private Connect, Geek on Demand, Anti-Tracking, ID Theft Guard, StopAd, and Update Tracker are unavailable without the Internet connection.
Also, the Internet connection is required for the MacKeeper installation, “Internet Security” installation, creation of a MacKeeper account, updating the Antivirus and Adware Cleaner databases, updates any upgrades of the MacKeeper software. For some trial versions of MacKeeper 4x you may be offered an additional service plugin “Your Tech Expert”, which includes personalized checkup from our tech experts.
MACKEEPER 3X
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“Find & Fix” is a one-click way to scan your Mac for cleaning, security and performance items, and fix them after purchasing a license.
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“Anti-Theft”. If your Mac gets lost or stolen, “Anti-Theft” will track its location and make a snapshot of the thief. To activate this feature you’ll need to create an account.
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“Duplicates Finder” detects file copies that take up space on your hard drive.
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“Smart Uninstaller” completely deletes applications, widgets, preference panes and plugins.
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“Files Recovery” gives you a chance to return accidentally removed files by scanning your hard drive for files that can be still recovered. When the scan is finished, you can use Quick Look to preview all found files and recover those you need.
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“Data Encryptor” makes your personal data invisible on the hard drive. To hide your data, create a password, add files or folders and then click to Hide.
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“Files Finder” scans your hard drive for all files of selected file type.
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“Login Items” helps you to define which apps will start up during your Mac’s login.
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“Disk Usage” visualizes the size of your files and folders for you to detect big units on your hard drive. Is scans your folders and marks them with different colors, depending on size.
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“Default Apps” helps you to define which application will open each file type.
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“Update Tracker” checks each application installed from AppStore or any other source on your Mac for any available updates. All applications are marked as Up To Date or Out Of Date. Any out-of-date application can be updated by clicking Update.
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“Fast Cleanup” finds and removes junk files on your hard drive to free up space. You can easily manage which files you want to delete and do it in a few clicks.
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“Backup” prevents the loss of your important files by creating reserve copies on external storage device: USB Flash drive, External HDD and FTP.
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“Shredder” removes private files that you don’t need any more and no one will be able to recover them.
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“Memory Cleaner” cleans and optimizes your Mac's RAM (random access memory) where all the data of current session is stored.
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“Internet Security” is 3-in-1 feature. It includes the following:
- 1. “Real Time Safe Browsing” that blocks websites known for identity thefts and other types of Internet fraud.
- 2. “Automatic Security Updates” that automatically updates virus database.
- 2. “Real Time Antivirus Scan“ that blocks potentially harmful files infected with viruses, spyware, malware and so on.
NOTE:
Features like Geek on Demand, Anti-Theft, Safe Browsing and Update Tracker will be unavailable without the Internet connection. Also, the Internet connection is required for the MacKeeper installation, “Internet Security” installation, creation of MacKeeper account, updates or upgrades of the software.
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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. 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 the rights of Clario and shall render the license null and void.
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A
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.
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The Trial License comes into effect after activating MacKeeper through one of the special offers, and MacKeeper is fully functional during the amount of days specified in the special offer conditions starting from the first time you run it. Upon lapse of the specified period, all of or part of MacKeeper functionality will be disabled automatically or you may be offered with a special offer price. If you wish to use MacKeeper after the trial 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 from one of our special offer websites.
Clario 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.
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B
COMMERCIAL LICENSE TERMS
Clario hereby grants you a personal, non-exclusive, non-transferable license to use MacKeeper, only in accordance with the terms and conditions set forth herein.
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SUBSCRIPTION
MacKeeper software is available on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “Billing Cycle”). Billing Cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew using the billing information provided unless you cancel it or Clario cancels it. Please note that an email reminder will be sent prior to the renewal date of your Subscription.
MacKeeper offers the following types of subscription plans:
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Lifetime subscription (available only for MK 2 versions);
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24 (twenty-four)-month / 2 (two)-year subscription;
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12 (twelve)-month / 1 (one)-year subscription;
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6 (six)-month subscription;
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1 (one)-month subscription.
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SUBSCRIPTION CANCELLATION
You may cancel your Subscription at any time through your Account or by contacting our Customer Support. When you cancel your Subscription, you can keep using your subscription until the end of the Billing Cycle during which you cancel. When the end of the Billing Cycle is over and your subscription is canceled, you won’t be able to access MacKeeper software.
A lifetime subscription plan allows you to access the MacKeeper software at the time of your purchase for as long as the software is available. Clario makes no warranties or representations as to the expected lifetime of MacKeeper software, and in purchasing a lifetime plan, you acknowledge and agree that MacKeeper could be changed or terminated in the future
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FREE TRIAL
The Company may, at its sole discretion, offer you a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Clario reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
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FREE TRIAL CANCELLATION
You won’t be billed for trying out MacKeeper software during your Free Trial and you can cancel anytime. We'll remind you when your Free Trial is about to end, so you can cancel your account if you'd rather not become a MacKeeper member.
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ONLINE ACTIVATION
The MacKeeper requires online activation in order to use it under the Commercial License Terms. Clario 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.
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 MacKeeper account and use MacKeeper only on one computer at once. Clario 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.
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TRANSFER
The right to transfer the activated copy of the MacKeeper to another computer is personal. To transfer your activated copy of the MacKeeper software to another computer you should visit the MacKeeper account or you may need to contact our Customer Support at support@mackeeper.com.
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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.
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MODIFICATION RIGHTS
You agree not to replace or modify in any way libraries and resources included in the MacKeeper software.
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UPDATES AND UPGRADES
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 and/or upgrade contains any paid offers you will be notified about this via the software itself, and you will have the possibility to decline such installation and/or uninstall the software completely.
The terms of this Agreement will govern any software updates and/or upgrades provided by Clario that replace and/or supplement the original MacKeeper product.
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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, SOFTWARE AND/OR WEBSITE.
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FEEDBACK
You agree that, if you submit or provide suggestions for improving our software ("Feedback") to the Company, by the act of submission or suggestion you effectively irrevocably assign to the Company all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from us and, to the extent allowed by applicable law, you waive any moral rights you may have in the Feedback.
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UNINSTALLATION
Before uninstalling MacKeeper, please become familiar with the instructions on the official website https://mackeeper.com/uninstall_mackeeper/.
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ADDITIONAL SERVICES
Clario may provide a limited service of free antivirus updates for a period equal to the duration of your subscription plan.
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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.
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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 AGREEMENT 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.
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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.
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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.
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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.
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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.
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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.
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TERM AND TERMINATION
Termination by you. You may terminate this Agreement at any time by canceling your subscription or by ceasing use of or destroying all copies of MacKeeper. The information about your subscription cancellation is available in our Terms and Conditions at https://mackeeper.com/terms-conditions/ or you may contact our Customer Support at support@mackeeper.com.
Termination by Clario. 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.
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REFUND POLICY
Should you wish to receive a refund, please review our Refund Policy here. Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
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REBILL
A Rebill is an automatic extension of a subscription using the billing information provided by the Customer. All details concerning the Rebill can be clarified with the Customer Support or on the MacKeeper account.
An email reminder will be sent prior to the renewal date of your subscription. You may cancel your subscription at any time.
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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.
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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.
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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.
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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.
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THIRD-PARTY BENEFICIARY
MacKeeper may make use of third-party software components. Notwithstanding the foregoing, some of the third-party materials included in the MacKeeper may be subject to other terms and conditions. In particular, 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 the EULA, Terms & Conditions and Privacy Policy of Avira AG. You do not need to additionally, by separate procedure, confirm Antivirus SAVAPI Terms & Conditions and Privacy Policy. If you do not agree with the terms of legal documents mentioned above concerning the Antivirus SAVAPI as well as with Terms & Conditions, EULA and Privacy Notice of MacKeeper, please do not install MacKeeper.
For all purposes of this Agreement, each of Clario third-party licensors of MacKeeper shall be expressly deemed an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms and conditions of this Agreement.
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PRIVACY
Under the terms of this Agreement the data you share with us and the privacy of that data is governed by our Privacy Notice, this notice is subject to change at any time. The most current version of Privacy Notice can always be found at https://mackeeper.com/privacy-policy/.
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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.
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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..
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