End User License Agreement

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Last updated: December 09, 2020

IMPORTANT: Please read the terms and conditions of product application set out below carefully prior to download, installation, copy or use. THROUGH DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE YOU ARE EXPRESSING YOUR CONSENT TO THESE TERMS AND CONDITIONS AND YOU ACKNOWLEDGE PRIVACY POLICY.

This is a legally binding contract. By assenting electronically, or installing Safenetbrowser (“Software”) or using the Software, you accept all the terms and conditions of this Agreement on behalf of yourself and any entity or individual you represent or for whose Device you acquire the Software. If you do not agree with the terms and conditions of this Agreement, do not continue the installation process, do not use the Software and delete or destroy all copies of the Software in your possession or control.

YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS:

DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THE SOFTWARE, AND

PROMPTLY RETURN THE SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU

ACQUIRED THEM

1. License

1.1. Safenetbrowser grants to you a non-exclusive license to use the Software and the Documentation for the agreed period indicated in the Applicable Conditions, including any extensions or renewals of the agreed period, provided that you agree to the terms and conditions of this Agreement.

1.2. Installation and use. You shall have the non-exclusive, non-transferable right to install the Software on the hard disk of a Computer or other permanent medium for data storage, installation and storage of the Software in the memory of a computer system and to implement, store and display the Software.

1.3. Stipulation of the number of licenses. The right to use the Software shall be bound by the number of End Users. One End User shall be taken to refer to the following:

  • 1.3.1. installation of the Software on one computer system; or
  • 1.3.2. if the extent of a license is bound to the number of mail boxes, then one End User shall be taken to refer to a computer user who accepts electronic mail via a Mail User Agent (hereinafter referred to as "MUA").
  • 1.3.3. The End User is entitled to enter the License key to the Software only to the extent in which has the right to use the Software in accordance the limitation arising from the number of Licenses granted by Provider. The License key is deemed confidential, You must not share the License with third parties or allow third parties to use the License key unless permitted by this Agreement or Provider. If your License key is compromised, notify Provider immediately.

1.4. Term of the License. Your right to use the Software shall be time-limited.

1.5. Termination of the License. The License shall terminate automatically at the end of the period for which granted. If You fail to comply with any of the provisions of this Agreement, the Provider shall be entitled to withdraw from the Agreement, without prejudice to any entitlement or legal remedy open to the Provider in such eventualities. In the event of cancellation of the License, You must immediately delete, destroy or return at your own cost, the Software and all backup copies to Safenetbrowser or to the outlet from which You obtained the Software. Upon termination of the License, the Provider shall be also entitled to cancel the End User's entitlement to use the functions of the Software, which require connection to the Provider's servers or third-party servers.

2. Permitted use of the Software

2.1. You may use the Software on, or to support, up to the agreed number of mobile phones, smartphones, tablets, mobile network appliances, other mobile devices, personal computers, IoT and other Internet-connected devices, or other device compatible with the Software indicated in the Applicable Conditions exclusively:

  • 2.1.1. In the case of Software that is designated for corporate, commercial or business use, by you or your affiliates (those entities controlling you, controlled by you or under common control with you) for internal business purposes.

2.2. You may make one backup copy of Software.

2.3. Provided the Software is configured for network use, you may use the Software on one or more file servers or virtual machines for use on a single local area network for only one (but not more than one) of the following purposes:

  • 2.3.1. Permanent installation of Software onto hard disks or other storage devices for up to the Permitted Number of Devices; or
  • 2.3.2. Use of the Software over such single local area network, provided the number of different Devices on which the Software is used does not exceed the Permitted Number of Devices;

2.4. ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE, CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.

3. Updates

3.1. Vendor, from time to time during the Subscription Period and without your separate permission or consent, may from time to time deploy an upgrade or update of, or replacement for, any Software, and as a result of any such deployment you may not be able to use the applicable Software or Device (or certain functions of the Device) until any such Update is fully installed or activated.

3.2. Each Update will be deemed to form a part of the “Software” for all purposes under this Agreement.

3.3 Updates may include both additions to, and removal of, any particular features or functionality offered by a Software or may replace it entirely, and Vendor will determine the content, features and functionality of the updated Software in its sole discretion.

3.4. Vendor 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.

3.5. Vendor may stop providing support for a Software until you have accepted and installed or activated all Updates.

3.6 Vendor in its sole discretion will determine when and if Updates are appropriate and has no obligation to make any Updates available to you.

3.7. Vendor 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.

4. Ownership rights

4.1. The Software and Documentation are the intellectual property of Vendor and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and computer code of any Software and firmware are valuable trade secrets and confidential information of Vendor. To the extent you provide any comments or suggestions about the Software to Vendor, you grant Vendor the right and license to retain and use any such comments or suggestions for any purpose in its current or future products or services, without further compensation to you and without your approval of such retention or use.

4.2. Except as stated in this Agreement, your possession, use of a Software does not grant you any rights or title to any intellectual property rights in the Software or Documentation. All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Vendor.

5. Limited warranty; disclaimer and exclusion of liability

5.1. Vendor warrants to you that the Software will perform, or will be performed, substantially in accordance with the Documentation for a period of 30 days following your initial acquisition of the Software. To make a warranty claim, you must follow the instructions provided by the source from which you acquired the Software. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of Vendor Partner, and your sole and exclusive remedy, in respect of such warranty will be limited to, at Vendor’s option, to either:

  • 5.1.1. replacement of the Software; or
  • 5.1.2. return of the Software to obtain a refund for the subscription fee you have paid for the unexpired or unused portion of the Subscription Period. This warranty applies only to the Software as originally delivered, and does not apply to:
  • 5.1.2.1. any Updates;
  • 5.1.2.2. any defects caused by the combination, operation or use of the Software with:
  • 5.1.2.2.1. software, hardware or other materials not provided by Vendor; or
  • 5.1.2.2.2. Devices, software, or other materials that do not conform to Vendor requirements set forth in the Documentation.

5.2. EXCEPT AS STATED IN SECTION 5.1 OF THIS AGREEMENT, VENDOR DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING ANY SOFTWARE OR DOCUMENTATION. EXCEPT AS STATED IN SECTION 5.1 OF THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS” AND MEMBERS OF THE VENDOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SOFTWARE WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT ANY SOFTWARE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.

5.3. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL VENDOR IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK OR SYSTEMS ANY SOLUTION IS PROVIDED, OR ANY OTHER BUSINESS PARTNER OF VENDOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

  • 5.4.1. ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY;
  • 5.4.2. ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOFTWARE (INCLUDING THE SOFTWARE), WASTED EXPENDITURE, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS, SERVICES OR DIGITAL PRODUCTS, BUSINESS INTERRUPTION, ANY UNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES); OR
  • 5.4.3. ANY OTHER PECUNIARY OR NONPECUNIARY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR ANY SOLUTION PROVIDED HEREUNDER;

5.5. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF CONTAINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR:

  • 5.5.1. DEATH, PERSONAL INJURY, DAMAGE TO TANGIBLE PROPERTY OR FRAUD BEYOND THE EXTENT PERMITTED BY APPLICABLE LAWS; AND
  • 5.5.2. ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.
6. Termination

6.1. This Agreement will immediately terminate upon your breach of any of your obligations in this Agreement, which will result in forfeiture of any rights you may have to receive Updates or to obtain a refund for the subscription fee you have paid for the unexpired or unused portion of the Subscription Period. Vendor reserves the right to any other remedies available under law in the event your breach of any of your obligations under this Agreement adversely affects any the Vendor. The exclusions and limitations of liability of members of the Vendor contained in this Agreement will survive termination of this Agreement.

6.2. Vendor, by notice to you, may immediately terminate this Agreement for convenience at any time with respect to any particular Software and the entire and exclusive liability and your sole and exclusive remedy, in respect of any such termination will be limited to a refund for the portion of the subscription fees you have paid for the unexpired or unused portion of the Subscription Period. From the effective date of such termination, you will no longer be entitled to use any affected Software and Documentation.

6.3. If a Subscription Period is conditioned on you paying a fee or charge, and if Vendor has not received payment by the due date, you will be deemed to have surrendered your license to use the Software, and the license will terminate immediately without further action by you or Vendor.

7. Copyright.

7.1. The Software and all rights, without limitation including proprietary rights and intellectual property rights thereto are owned by Safebrowser.net. They are protected by international treaty provisions and by all other applicable national laws of the country in which the Software is being used.

7.2. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Safebrowser.net. You must not copy the Software.

7.3. Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

7.4. If You reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software, in breach of the provisions of this Agreement, You hereby agree that any information thereby obtained shall automatically and irrevocably be deemed to be transferred to and owned by the Provider in full, from the moment such information comes into being, notwithstanding the Provider's rights in relation to breach of this Agreement.

8. Refund Policy

8.1. If you are not satisfied with your product for any reason, Safenetbrowser offers a money back guarantee.

8.2. Eligibility for a refund depends on several factors including, but not limited to:

  • 8.2.1. Subscription term
  • 8.2.2. Duration since purchase

8.3. If you receive a refund for your purchase, you must uninstall the software in accordance with your license agreement.

9. Technical support.

9.1. Safebrowser.net shall provide technical support at their own discretion, without any guarantees or declarations.

9.2. The End User shall be required to back up all existing data, software and program facilities prior to the provision of technical support.

9.3. Safebrowser.net cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support.

9.4. Safebrowser.net reserve the right to decide that resolving the problem is beyond the scope of technical support. Safebrowser.net reserves the right to refuse, suspend or terminate the provision of technical support at its own discretion. License information, Information and other data in compliance with Privacy Policy may be required for the purpose of technical support provision.

10. General provisions.

10.1. Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable under the conditions stipulated therein.

10.2. In case of a discrepancy between language versions of this Agreement, the English version shall prevail. This Agreement may only be modified in written form, signed by an authorized representative of the Provider, or a person expressly authorized to act in this capacity under the terms of a power of attorney.

10.3 This is the entire Agreement between the Provider and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.