Clario grants You a limited, non-exclusive, non-transferable, non-sublicensed, and non-commercial license to download, install and use MacKeeper (in whole or in part) for such time until either You or the Company terminates this Agreement. The 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.
Clario grants you the possibility to evaluate the software by providing a free of charge one-time fix for each of the Software’s features (excluding “VPN”). To proceed using the Software once a one-time fix is completed, it is required to purchase a license.
License code. Licensor may issue a License Code or License Key to You, which You may need to activate MacKeeper. Licensor 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 provided for your personal usage only and can not be distributed, published or otherwise communicated to third parties unless it is allowed by Licensor in a written form.
Online activation. Once You purchase a license, the MacKeeper should be activated online. During an online activation, You are required to submit personal information (please read our Privacy Notice) and have a functional Internet connection. Your licensed use of MacKeeper is bound to the computer(s) you used to complete activation. The Licensor does not allow to activate and use MacKeeper on more computers than the number of computers are obtained by the said License(s) for. Licensor may, at its sole discretion, allow you to activate MacKeeper on additional computers within reasonable limits and after written approval from the Licensor. 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. Licensor may, at its sole discretion, 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, or c) within the Software.
Transfer. 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. The right to transfer the activated copy of MacKeeper is personal and it is prohibited to transfer it to other people. 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.
COPYRIGHT AND RESTRICTIONS
All title, ownership rights and intellectual property rights in and to the Software and services (including, without limitation, all text, graphics, sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Software, individually or in combination) and any and all copies thereof, are owned by Clario or its licensors. 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 inner workings or modify the functionality of the Software. You agree not to remove any label indicating that Clario is the subject of copyright and other intellectual, industrial, or proprietary rights of Clario or third parties. The Software is protected by all applicable copyright laws and international treaties. You agree not to replace or modify in any way libraries and resources included in the Software.
The Software may include components (including, without limitation, programs, applications, tools, utilities, libraries, and other programming code) made available from third parties under a free or open-source software licensing model (hereinafter “Open-Source Code”). The Open-Source Code components included with the Software are redistributed by Clario under the terms of the applicable Open-Source Code license for such components. Your receipt of Open-Source Code components from Clario under this Agreement neither enlarges nor curtails Your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components included with the Software are included with or referenced in the Software’s Documentation.
The 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. The lifetime subscription is only available for MacKeeper 2 version. 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.
Clario provides the Family subscription plan (“Family Plan”) that includes three separate licenses and allows you to share it with your family members or friends according to the terms described in this Agreement. The Family Plan is eligible for a refund according to the general terms described in our . Once you purchase your Family Plan, the terms of it can not be changed. The provided licenses in your Family Plan cannot be combined into one and extended for an appropriate period, or refunded partially in case you are intended to use only one or two licenses instead of multiple.
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.
NOTE: The lifetime subscription allows you to access the MacKeeper software at the time of your purchase for as long as the software is available or until lifetime is discontinued by the Licensor due to any reasons. Clario makes no warranties or representations as to the expected lifetime of MacKeeper software or this kind of subscription, and in purchasing a lifetime plan, you acknowledge and agree that it could be changed or terminated in the future.
UPDATES AND UPGRADES
Licensor, from time to time during the Billing Cycle and without your separate permission or consent, may from time to time deploy an upgrade or update of, or replacement for, MacKeeper (“Update”), and as a result of any such deployment you may not be able to use the applicable Software until any such Update is fully installed or activated. Each Update will be deemed to form a part of the Software for all purposes under this Agreement. Updates may include both additions to, and removal of, any particular features or functionality offered by the Software or may replace it entirely, and Licensor will determine the content, features and functionality of the updated Software in its sole discretion. Licensor is not required to offer you the option to decline or delay Updates but, in any event, you may need to download and permit installation or activation of all available Updates to obtain maximum benefit from the Software. Licensor may stop providing support for the Software until you have accepted and installed or activated all Updates. Licensor in its sole discretion will determine when and if Updates are appropriate and has no obligation to make any Updates available to you. Licensor in its sole discretion may stop providing Updates for any version of the Software other than the most current version, or Updates supporting use of the Software in connection with any versions of operating systems, email programs, browser programs and other software with which the Software is designed to operate.
In case an update 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 or uninstall the Software completely. If you have any difficulties, please contact our Customer Support at email@example.com.
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.
DISCLAIMER OF WARRANTIES
LICENSOR HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT GUARANTEE THAT THE SOFTWARE WILL WORK CORRECTLY IF LICENSEE 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 LICENSOR, AUTHORIZED REPRESENTATIVE, OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SOFTWARE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CLARIO TECH DMCC NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS, 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 THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, CLARIO TECH DMCC ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE ASSOCIATED SOFTWARE.
LIMITATION OF SUPPORT
Licensor will use commercially reasonable efforts to provide Licensee with email and chat support pertaining to the domain of basic usage of the software. Licensor reserves the right to cease offering support of any kind relating to the usage of older releases of the software whenever a new release of the software, whether for free or for pay, becomes available.
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.
Termination by the Company. The Company may terminate Your use of the Software or discontinue providing access to the Software if you fail to comply with any of the terms set out in this Agreement or for other reasons at any time. You agree that any termination of your access to the Software may be effected upon prior notice and you agree that the Company will not be liable to You or any third party for any such termination. Upon termination for any reason, You must uninstall the Software and destroy all copies in Your possession.
Termination by You. You may terminate this Agreement at any time by discontinuing use of the Software, deleting Your account, or uninstalling the Software. Here you can find information on how to uninstall MacKeeper - The information about your subscription cancellation is available in our Terms and Conditions at or you may contact our Customer Support at .
Should you wish to receive a refund, please review our Refund Policy . Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
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.
Clario shall not be in default of any obligation under this Agreement, if the failure to perform the obligation is due to any event beyond it’s reasonable control, that are unforeseeable, the occurrence and effect of which are unavoidable and insurmountable (including, without limitation, power failures, internet failures, dislocating servers, DDoS attacks, hacking attacks, viruses, natural disaster, other acts of God, war, riot, insurrection, epidemics or pandemics (as declared by the World Health Organization), 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.
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.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
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 the Bitdefender engine developed by Bitdefender S.R.L. (“Bitdefender”) and Antivirus SAVAPI developed by Avira AG (“Avira”) (applicable only for MacKeeper 4x). 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 , , of Bitdefender, and and of Avira. You do not need to additionally, by separate procedure, confirm the terms of Bitdefender or Avira’s legal pages. If you do not agree with any terms of legal documents mentioned above,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.
The Software and Documentation may be subject to export control laws of one or more countries or jurisdictions. You shall not, directly or indirectly, export, re-export or release the Software or Documentation to, or make the Software or Documentation accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export licence or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software or Documentation available outside an applicable country or jurisdiction.
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 .
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 under the London Court of International Arbitration Rules, which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language used in any arbitral proceedings shall be English.
All claims must be brought in the parties' individual capacity, and not as a claimant or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.
If you have any questions, comments, or suggestions regarding this Agreement, you may contact us at .