Last updated on: September 5, 2017
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND/OR USING BYTEFENCE.
BY ACCESSING, DOWNLOADING, INSTALLING AND/OR USING BYTEFENCE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.
By accepting these Terms, you affirm that you are: (i) lawfully entitled to use the Software and/or Website in the country in which you are located or reside, and (ii) of legal age to form a binding agreement with us. If you are a minor according to the law of the country you reside in, you are not permitted to use ByteFence. If you do not accept these Terms in its entirety, then you may not access, download, install or use ByteFence (as applicable).
We reserve the right, at our sole discretion and without prior notice, to modify, change and/or update these Terms at any time, and/or change, modify, or discontinue providing ByteFence including without limitation any ByteFence feature. If we update these Terms we will post the updated Terms on the Website, and if the update is material, we will ask for your consent to it, or provide you with a notice via email. We will also update the “Last updated on” date above. Please check these Terms periodically for changes. Your continued use of ByteFence following any changes to these Terms or ByteFence, constitutes your complete and irrevocable acceptance of any and all such changes. If any modification to ByteFence and/or these Terms is not acceptable to you, your only recourse is to cease using the Website and uninstall the Software.
- Subject to your compliance with the terms and condition of these Terms, you are hereby granted a limited, personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, license to use the ByteFence website available at: www.bytefence.com (the “Website”), and to download and install one copy of ByteFence on a personal computer, or other compatible device. You may transfer the license to the Software granted to you hereunder to a different device if you permanently uninstall and remove the Software from the original device you installed it on prior to installing it on another device. For avoidance of doubt, you must have a license to the Software on each device on which you operate the Software. All rights not expressly granted to you hereunder are retained by us.
- Except as expressly provided herein, you may not, and may not permit any third party to: (i) use and/or disclose to any third party for any reason any license number, or other authorization code or number supplied by us in connection with ByteFence on or for more than the number of devices specified by us; (ii) copy, change, modify, translate, reverse engineer, decompile, disassemble, reconstruct, transform, create derivative works based on ByteFence, extract any part of or otherwise alter ByteFence (iv) share, transfer, publish, resell, broadcast, transmit, communicate, pledge, sublicense the Software, or permit other individuals/entities to use the Software, rent, lease, distribute or transfer the Software or your rights to use it to any other individual or entity; (v) make the functionality of the Software available to any individual or entity through any means, including but not limited to uploading the Software to a network or file-sharing service, software-as-a-service (SaaS), or any other type of services; (vi) extract or harvest any information from ByteFence or any part thereof; (vii) delete or modify any attributions, trademarks, copyright, legal notices or other proprietary designations or markings which are part of ByteFence; (ix ) use ByteFence in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms and conditions of these Terms; or (x) gain or attempt to gain unauthorized access to ByteFence or to networks connected to it by any means, including without limitation by hacking, spoofing or circumventing Bytefence or the security features therein; (xi) use or attempt to use the Software by itself, or in conjunction with any other products, or upload, store or transmit any data, information or materials which infringe upon any third party's rights, including without limitation third party's intellectual property rights or any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable or to invade users' privacy in any way, or to track, store, transmit or record personal information about any other user of the Software; or otherwise in any way damage, disable, impair, interfere, disrupt or harm us or ByteFence in any way.(xii) use ByteFence to provide or build a product or service that competes with the Software; (xiii) test or benchmark, or disclose or publish testing or benchmark results, for the Software without our prior written consent.
- We may update the Software from time to time, at our sole discretion. The update may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide you with the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. If you are using the Free Version not all of these updates may not be available to you. If you are using the Pro Version you have the right to receive all new features to and versions of the Software as we, in our sole discretion, makes available during your Subscription Period (as defined below). These updates and new features may include additional terms that you will have to agree to. Certain features and components of the Software are updated from time to time, these include without limitation, the following: software and products that are identified by the Software as threats including without limitation, malware (collectively, “Protection Updates”). You shall have the right to receive Protection Updates for the Software while you are using the Software whether as a Free Version user or a Pro Version user. For purposes hereof, the term “Free Version” means the free version of the Software branded as ByteFence Anti-Malware Free, and the term, “ProVersion” means the paid version of the Software that branded as ByteFence Anti-Malware Pro.
- You can purchase a license to receive the Pro Version of the Software by using the third party payment service providers such as Stripe and PayPal offered by us through our Website. We provide the following subscription models: Monthly, semi-annually or annually. We also provide a lifetime subscription model. In addition, we provide a family sharing plan whereas one (1) license key can be purchased for use on three (3) devices.
Money Back Guarantee.
- If you are the individual that purchased a subscription to the Software and are not satisfied with it for any reason, we will refund you the subscription amount you paid for your current Subscription Period (less shipping, handling, and any applicable taxes, except in certain states and countries where shipping, handling and taxes are refundable); provided that you contact us at: firstname.lastname@example.org during the thirty (30) day period immediately following the date in which you purchased the current annual subscription of the Software.
- Free Use Period. If you have obtained a license to use the Free Version of the Software, then these Terms and the license granted hereunder are valid as of the date in which you installed the Software and until you uninstall the Software from your device.
- Paid Subscription Period. If you have purchased a license to use the Pro Version of the Software, then these Terms and the license granted hereunder are valid as of the Activation Date and until the expiration of the Subscription Period. For purposes hereof, the term, “Activation Date” means the date in which you insert the license key into the Software (the license key will be provided to you once your payment is made by email), and the term “Subscription Period” means the period as of the Activation Date through and until the expiration of the then current Subscription (which may be part of a onetime payment, ongoing yearly separate payments or recurring payment). Upon the expiration of the Subscription Period, you will no longer be able to use the Pro Version of the Software.
- Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the Website.
- Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to ByteFence or to any feature available therein. If you are using the Free Version of the Software, we may terminate these Terms at any time with or without prior notice. Without limiting the foregoing, if you using the Pro Version of the Software and fail to pay the applicable Subscription, your license to use the Pro Version of the Software will end automatically. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.
- Effects of Termination. With the exception of Section 5 nothing herein entitles you to a refund of any payment made hereunder. This Section 8, Section 9 and Sections 14-18 of these Terms will survive any termination or expiration of these Terms. Upon termination or expiration of these Terms, your rights to use ByteFence ceases.
Third Party Service Providers.
Ownership; Intellectual Property Rights.
- All right, title and interest in and to ByteFence, any related features and/or services and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to ByteFence or any related features and/or services, are and will remain owned solely by us or our licensors. These Terms do not convey to you an interest in or to ByteFence, but only a limited right of use in accordance with the terms herein. Nothing in these Terms constitutes a waiver of our intellectual property rights under any law. The license granted to you herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. You acknowledge and agree that the technology manifested in the operation of the Software constitutes our and our suppliers’ valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss.
Your Representations and Warranties.
- You hereby represent and warrant that: (i) you will only use ByteFence as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using ByteFence; (iii) you will not use ByteFence for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using ByteFence; (v) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) you are not listed on any list of U.S. Government list with respect to prohibited or restricted parties.
U.S. Government User
- Any use, duplication, or disclosure of ByteFence by the U.S. Government is subject to the restrictions as set forth in these Terms and DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Alpha Criteria Ltd. is the manufacturer.
- You agree that: (i) you will comply in full with all U.S. export laws and regulations to ensure that ByteFence and/or any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations; and (ii) you will not export nor re-export ByteFence and/or any technical data related thereto to any U.S. embargoed country.
Disclaimer of Warranties.
- BYTEFENCE IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) BYTEFENCE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF BYTEFENCE WILL BE UNINTERRUPTED; OR (III) BYTEFENCE IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH BYTEFENCE IS TO UNINSTALL AND CEASE USE OF BYTEFENCE. Further and except as expressly provided herein, we are not obligated to maintain or support ByteFence, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of ByteFence and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
Limitation of Liability.
- TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF BYTEFENCE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE BYTEFENCE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF BYTEFENCE.
- You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of ByteFence; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
Governing Law and Disputes.
- This Agreement will be governed by, construed and enforced in accordance with the laws of New York, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in New York and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO BYTEFENCE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
- If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at email@example.com and we will make an effort to reply within a reasonable time-frame.