PLEASE READ THIS DOCUMENT CAREFULLY. AMONG OTHER THINGS, THEY PROVIDE KEY INFORMATION ON YOUR LEGAL RIGHTS AND OBLIGATIONS, FUTURE CHANGES TO THE TERMS, AUTOMATIC RENEWALS AND LIMITATIONS OF LIABILITY.BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR BY ENTERING CORRESPONDING SYMBOL(-S) YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION IS CONSIDERED BEING A SYMBOL OF YOUR SIGNATURE AND YOUR CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT, ALSO AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR AFTER ENTERING CORRESPONDING SYMBOL(-S) YOU HAVE THE RIGHT TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU CANNOT OR DO NOT AGREE TO ALL TERMS OF THE AGREEMENT, DO NOT USE THE SOFTWARE AND IMMEDIATELY DELETE IT FROM YOUR COMPUTER.
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or any entity) and Kibernetinio saugumo sistemos, UAB with regard to the copyrighted Software (herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE”) provided with this EULA.
ELIGIBLE LICENSEES.
This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing.
DISCLAIMER OF WARRANTY.
The Software is provided “AS IS” without warranty of any kind. Kibernetinio saugumo sistemos, UAB disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Kibernetinio saugumo sistemos, UAB gives no warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Kibernetinio saugumo sistemos (SpyWarrior), UAB IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
LICENSE CONDITIONS
Subject to the terms and conditions of these Terms, we grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable, fixed-term license to: (1) download and use a copy of our software; and (2) use the Services, including, without limitation, the products and services made available on or through the our software or our website. No other right or license, express or implied, of any kind is granted to you hereunder with respect to the Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The Services, including, but not limited to, our software, mobile application and all other products, are owned and copyrighted by Kibernetinio saugumo sistemos, UAB and protected worldwide. We retain all right, title and interest in and to the Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, patents, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Services. All rights are reserved unless otherwise noted.
By accessing and using this website and by using the Services, you accept and acknowledge that the Services, including the appearance, content, selection, assembly and functionality and any other parts or specifics of our websites and the Services, is the ownership of Kibernetinio saugumo sistemos, UAB (despite whether the specific content is individually protected by copyright). Kibernetinio saugumo sistemos, UAB and you are forbidden from registration, adoption or any other use of trade names, symbols or signs that are either identical or confusingly similar to any trademarks owned by Kibernetinio saugumo sistemos, UAB
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall Kibernetinio saugumo sistemos, UAB or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this “Your Company” product, even if Kibernetinio saugumo sistemos, UAB has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
UPGRADES.
If the SpyWarrior is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
REVERSE ENGINEERING
You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Kibernetinio saugumo sistemos, UAB.
RENTAL
You may not loan, rent, or lease the SOFTWARE.
ACTIVATION AND TERMS
If You modify Your Computer or make changes to other Rightholder’ software installed on it, You may be required by the Rightholder to repeat activation of the Software or license key file installation, the count of which may be limited by the Rightholder.
If the Software was acquired on a physical medium, the Software can be used, upon Your acceptance of this Agreement, for the period that is specified on the package commencing upon acceptance of this Agreement.
If the Software was received/acquired via the Internet, the Software can be used, upon Your acceptance of this Agreement, for the period that was specified during acquisition.
If the Software was acquired on a physical medium intended for prolongation of the right to use previously acquired Software, You can repeat activation of the Software only if the activation code for previously acquired Software is present. In the absence of this activation code, the period of effective use of the Software will be limited according to the information specified on the Software package.
Term-based licenses terminate upon the expiration of the prepaid term, unless You have paid all applicable fees to extend the term. License fees for term-based licenses are due prior to the commencement of the applicable term.
If You have acquired Software that is intended to be used on more than one Computer then Your License to Use the Software is limited to the period of time starting from the date of activation of the Software or license key file installation on the first Computer.
Some types of software may allow the Rightholder the ability to migrate away from their current software. The duration of the license granted and the number of protected computers may be changed according to the applicable Rightholder rules. Once transition between Software has been completed, it is impossible to return to the previous Software and licensing conditions.
Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License to use the Software without refunding the purchase price or any part thereof.
You agree that in using the Software and in using any report or information derived as a result of using this Software, You will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law.
Except as otherwise specifically provided herein, You may not transfer or assign any of the rights granted to You under this Agreement or any of Your obligations pursuant hereto.
To check the legitimacy of the Software use the Rightholder reserves the right to use means to verify that You have licensed copy of the Software. The Software can transmit Rightholder license information needed to verify the legitimacy of the Software use. If the license verification cannot be performed for a certain period of time specified in the User Manual, the Software will start working with limited functionality.
INFORMATON COLLECTION
You agree to automatically provide the following information for the specified purposes:
To increase the level of operational protection You agree to automatically provide information about the checksums and formats of files processed (MD5, SHA 256), the scan date and time, identifiers of the versions of software configurations, scan result and trust source, system volume file system type and indication of processed file on system volume, information to determine the reputation of URL, (including the URL at which the reputation is being requested, the URL of the page from which the scanned URL was received, the connection’s protocol identifier, and the number of the port being used), statistics on usage of the Software notifications, spam statistics, information about activation and the version of the Software, (including the unique identifier of the Computer with the installed Software), information about the types of threats detected, the identifier of the detected threat in the threat database, the name of the threat according to the Rightholder’s classification, the identifier of the scan task that detected the threat, the version of the emulator component, and its settings) ,as well as the digital certificates used and information necessary to verify their authenticity.
To generate the most appropriate informational and advertising offerings, You agree to provide information about the Computer using the product’s license and its settings, including the word size, type, and version of the operating system installed on the Computer, the unique identifier of the Computer on which the Software is installed, the User’s unique identifier in the Rightholder’s services, the unique identifier of the hard drive (HDD) of the Computer on which software is installed, the type, version, and locale of the installed Software, the Software installer’s identifier, information about the licensed being used (including the license type, duration, activation date and expiration date, license identifier, and information about the User’s purchase of the license), information about the registration of the license and the Software’s connection to the Rightholder’s services. Additionally, the following information will be provided: information about the type of operation performed by the User with the indicated offering, the offering’s identifier, the identifier of the link in the offering, the date and time the offering was shown, the number of days until the license expires, and the number of days from the activation of the license until the offering was shown.
To identify and correct errors related to the installation, removal, and updating of the product, and to track the number of users, You agree to provide information about the date the Software was installed and activated on the computer. The installed Software (including the version of the installed Software update), the Software’s locale, the name and type of the Software, the type of license installed and its duration, the identifier of the partner from which the license was purchased, the serial number of the license, the type of installation on the Computer (original installation, update, etc.)
The information being transferred does not contain any of the User’s personal or other confidential information. The information received by the Rightholder is protected in accordance with established legal requirements.
You further acknowledge and agree that any information gathered by Rightholder can be used to track and publish reports on security risk trends in the Rightholder’s sole and exclusive discretion.
The Software does not process any personally identifiable data and does not combine the processed data with any personal information. If You do not wish for the information collected by the Software to be sent to the Rightholder, You should not activate and/or de-activate SpyWarrior tool.
PAYMENT & SUPPORT TERMS
PAYMENT AUTHORIZATION. YOU AGREE THAT WE OR OUR AUTHORIZED PARTNER MAY CHARGE THE CREDIT OR DEBIT CARD ACCOUNT OR OTHER PAYMENT DEVICE YOU PROVIDED FOR ALL AMOUNTS YOU OWE RELATED TO YOUR PURCHASE, INCLUDING ANY SUBSCRIPTION RENEWALS. YOU AGREE TO NOTIFY US PROMPTLY OF ANY CHANGE IN YOUR CARD ACCOUNT NUMBER OR EXPIRATION DATE OR OTHER PAYMENT INFORMATION. FOR CREDIT AND DEBIT CARDS, YOU AGREE THAT WE MAY UPDATE SUCH INFORMATION WITH UPDATES RECEIVED DIRECTLY OR INDIRECTLY FROM YOUR CARD ISSUER AND THE RELEVANT CARD NETWORK AND WE MAY USE THE UPDATED CARD INFORMATION TO CHARGE AMOUNTS YOU OWE US. THIS WILL SERVE AS YOUR CONSENT FOR YOUR CARD OR PAYMENT DEVICE TO BE CHARGED OR DEBITED.
AUTOMATIC RENEWAL
You agree that your paid subscription will be automatically renewed. You authorize us or our authorized partner to charge your card or payment device on file within 30-days of your subscription expiration date, at the renewal term subscription price in effect at the time the renewal. Pricing is subject to change. Your subscription is ongoing and will continue until you cancel. If you would like additional information or to cancel your subscription or modify your auto-renewal settings, log onto your My Account page or contact Customer Support. Before your Subscription Term expires, we will send a notice to the e-mail address listed in your account profile, informing you of the upcoming renewal. If, at the time of renewal, your Software and Services have been renamed, upgraded or replaced by a new offering with reasonably comparable features (“Replacement”), we may, at our discretion, automatically renew your subscription with the Replacement for no more than the undiscounted subscription price of the Replacement.
ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY TURN OFF AUTOMATIC RENEWAL BY ACCESSING YOUR ONLINE ACCOUNT PAGE OR CONTACTING CUSTOMER SERVICE. IF YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF AUTOMATIC RENEWAL MORE THAN 30 DAYS BEFORE YOUR SUBSCRIPTION TERM EXPIRES. IF YOU DO NOT TURN OFF AUTOMATIC RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE FOR THE RENEWAL TERM UNDER THE AGREEMENT IN EFFECT AT THE TIME OF EACH RENEWAL UNLESS IT IS CANCELED BY YOU (OR TERMINATED BY US PURSUANT TO THIS AGREEMENT).
TURNING OFF AUTOMATIC RENEWAL WILL DISCONTINUE ANY PREMIUM FEATURES AND SERVICES THAT WE OFFER EXCLUSIVELY TO SUBSCRIBERS WHO ARE ENROLLED IN AUTOMATIC RENEWAL AND HAVE PAID FOR THEIR SUBSCRIPTION.
CHANGES TO THIS AGREEMENT.
For paid subscriptions, you accept changes to this Agreement by renewing the subscription, and the updated Agreement with the change(s) will be effective upon such renewal of your subscription. If you do not agree to the Agreement as amended, then you must reject the changes by turning off auto renewal and uninstalling the Software and ceasing all use of any Software or Services at the end of the Subscription Term. For Free Software and Courtesy Services, you accept change(s) to this Agreement by continuing to use the Free Software or Courtesy Services. If you reject the updated Agreement, your license to the Free Software or Courtesy Services is terminated and you must cease all access to and use of the Courtesy Services or Free Software and uninstall the Free Software.
REFUND POLICY
In order to request a refund from purchases made at Kibernetinio saugumo sistemos, UAB purchase page (spy-warrior.com). You must comply with the following guidelines and commence the refund request within 30 days from the purchase date in accordance with our policy below. Kibernetinio saugumo sistemos, UAB has also authorized SafeCart/Paddle to provide refunds outside the 30 day period, when to do so is required by law.
All refund requests must be made to Kibernetinio saugumo sistemos, UAB within 30 days of the date the software available to You for download (the “Purchase Date”). You can make the refund request by contacting Kibernetinio saugumo sistemos by emailing at support@spy-warrior.com. Kibernetinio saugumo sistemos will also provide You with a refund, where to do so is required by law.
The 30-day money back guarantee is not available for monthly subscribers.
Kibernetinio saugumo sistemos, UAB is not responsible for lost or misdirected emails, delays in downloading, or other delays in communication system.
You must provide Kibernetinio saugumo sistemos, UAB and/or SafeCart/Paddle with sufficient information to be able to identify the transaction, including Your order number and/or Your email address and/or the date of transaction provided to You when the download was ordered.
Kibernetinio saugumo sistemos, UAB will only refund the amount paid for the software and the appropriate taxes charged with that order. Kibernetinio saugumo sistemos, UAB will not refund any shipping or handling charges.
Refunds will be made in the same manner as the product was purchased. For example, if You purchased the software by PayPal, Kibernetinio saugumo sistemos, UAB will send You the refund to Your PayPal account. If You made the purchase by credit card, Kibernetinio saugumo sistemos, UAB will credit Your credit card account.
Governing Law
This Agreement shall be governed by and construed in accordance the EU laws, specifically the laws of the Republic of Lithuania, regardless the country or territory in which You obtained the Software, without reference to or application of conflicts of laws principles.
Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if You are an individual consumer, the provisions of Clause 13.1. shall not affect any mandatory right You may have to take action in Your country of residence under the laws of that country.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You are responsible for contacting only the Rightholder or its partners directly if having any problems with the Software.
The permanent arbitral institution (Kaunas court of commercial arbitration) shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement. To the maximum extent permitted by law, You hereby consent to the jurisdiction and venue of aforementioned court and waive any objections to the jurisdiction or venue of mentioned court.
No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
TERMINATION.
We may terminate this Agreement if you fail to comply with the terms of this Agreement. You may terminate the License prior to the expiration of the term by permanently erasing the Software and Services from your devices and canceling your account with us. Please refer to our Refund Policy to see if you are eligible for a refund prior to erasing your Software and Services. If this Agreement expires or is terminated, (i) you will no longer be authorized to use or access the Software and Services, including any online storage or backup services, (ii) you must permanently erase the Software and Services from your devices, and (iii) we may cancel or close your account. Upon termination or expiration, we will follow our standard policies to delete any of your online stored or backed-up information, text, files, links, images or other materials provided to us (“Content”). It is your responsibility to store or backup your Content elsewhere before this Agreement expires or is terminated. We are not responsible for giving you a copy of your Content.