Malwarebytes  -  Malwarebytes End-User License  

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Bewertung:

- fair -

wichtige Vertragsbestandteile:

(1)
C
Die Lizenz gilt für einen Computer und darf nicht in einem Netzwerk (von Computern) genutzt werden. (bearbeiten)
(2)
C
Die Software darf nicht für kommerzielle Zwecke verwendet werden. (bearbeiten)
(3)
C
Dem Nutzer wird empfohlen, von Zeit zu Zeit die Software upzudaten oder falls verfügbar, automatische Updates einzustellen. (bearbeiten)
(4)
C
Die Lizenzbestimmung sieht explizit keinen Service für den Nutzer vor. (bearbeiten)
(5)
C
Der Gerichtsstand ist USA, State of Illinois (bearbeiten)

kritische (unklare) Vertragsbestandteile:

[1]
C
Diese Lizenzbestimmungen sind für deutsche Nutzer nur auf Englisch verfügbar. (bearbeiten)

Verweis auf andere Verträge:

<1>
B
Mit der Zustimmung dieser Lizenzbestimmung akzeptiert der Nutzer auch die Privacy Policy von Malwarebytes auf ww.malwarebytes.org (bearbeiten)

Malwarebytes End-User License

THIS END-USER LICENSE (“LICENSE”) IS DESIGNED FOR USERS OF THE MALWAREBYTES ANTI-MALWARE FREE AND FULL VERSIONS. [1]IF YOU HAVE PURCHASED SPECIALTY VERSION OF THE MALWAREBYTES SOFTWARE, SEE BELOW FOR SPECIAL LICENSE TERMS THAT MAY APPLY TO YOUR PRODUCT.

By installing or running this software, you are agreeing to the terms of this License. If you do not agree to abide by the terms of this Agreement, you may not install or run the Malwarebytes Anti-Malware Software (the “Software”) and must delete any copies of that Software in your possession. If you agree to the terms of this license without modification, then you may install and run the enclosed Software under this License subject to the following restrictions:

One Computer Per License

1. This License applies to one instance of the Software, which may only be installed on one computer at a time.
2. Once installed onto a computer, the Software may be operated by any person using the computer, whether directly or via remote connection.
3. Users who wish to transfer their license to a different computer must first completely uninstall the Software from the first computer, then reinstall the software on the new computer and re-register the Software on the new computer with Malwarebytes.
4. You may not run the Software on a network, but must install it on only on the quantity of individual computers you are licensed for and run it locally on those computers. However, you may install the Software onto individual computers via upload or ‘push through’ via a network.
(1)

Copyrights and Permitted Use of the Software

5. You agree that the Software is the property of Malwarebytes and that all code within the Software is the valid copyright of Malwarebytes. You also agree that the Malwarebytes Malware Database (the “Database”) is the exclusive, valid copyright of Malwarebytes.
6. You may not use a single instance of the Software across a network; rather, you may install it on only one computer at a time per license and run it locally on that computer.
7. You may not, nor may you permit any other person to sublicense, rent or lease any portion of the Software.
8. You may not reverse engineer, decompile, modify, or create derivative works of the Software, nor may you make any attempt to discover the source code of the Software except where permitted by law.
9. You may not use the Software as part of a service provider or service bureau.
10. You may not use the Software as part of any computer repair, help desk or troubleshooting service, unless you have each customer purchase an individual Full License for each of their respective computers which you repair or otherwise service.
11. You may not use the Software for any commercial purpose. The License is for use on the personal or business computers of its owner only. (2)
12. You may not combine this Software with a script, application, hardware or tool which would cause it to run on an automated or unattended basis.

Updates

13. From time to time, Malwarebytes may, but has no obligation to, provide updates to the Software. You are advised to update the software regularly, or to set it to update automatically if that feature is available in your version of the Software. (3)
14. Malwarebytes reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate subscription at any time and without notice to you.
15. Nothing in this License entitles you to receive any support, maintenance, updates, upgrades, content or new versions of the Software. (4)

Warranties and Damages

16. Malwarebytes makes no warranty about the quality of the Software or its ability to eliminate any specific malware threats.
17. Malwarebytes makes no warranty as to the completeness of the Database or protection modules.
18. Malwarebytes makes no warranty concerning the comparison of the Software to any similar software or any industry standard.
19. Malwarebytes makes no warranty about the compatibility of the Software with any other software or hardware.
20. Malwarebytes does not give any warranty in relation to non-infringement of intellectual property rights.
21. Malwarebytes makes no warranty about the availability of its customer service representatives or their ability to solve any malware or other computer issues.
22. MALWAREBYTES MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
23. In no event will Malwarebytes be liable to you under any legal theory or cause of action for lost profits, lost or corrupted data, or any special, consequential, indirect or similar damages arising out of the use or inability to use the Software for any purpose, even if Malwarebytes has been given advance notice of those concerns.
24. In any event, Malwarebytes’ entire liability for any claims arising out of this License will not exceed a refund of your purchase price for the Software.

Customer Breach

25. Any breach of the above terms by you shall give Malwarebytes the right to terminate this License immediately upon notice to you. In the event that you cure whatever breach caused such termination, you may petition Malwarebytes to reinstate the License but Malwarebytes shall be under no obligation to do so. If Malwarebytes terminates your subscription as a result of your breaching this License, you will be liable to pay for the full duration of your subscription.
26. If you sue anyone over patents that you think may apply to the Software, your License to the Software ends automatically. Any patent rights in the Software granted by this License apply only to the Software and not to any derivative works you create.
27. This License contains the only rights associated with the Software and Malwarebytes reserves all rights not expressly granted to you in this License.
28. You agree that any breach of any provision of this License regarding Malwarebytes’ confidential or proprietary information or intellectual property would constitute irreparable harm, and that Malwarebytes shall be entitled to injunctive relief in addition to other remedies at law or in equity.
29. In the event that Malwarebytes sues you for breach of this License and is successful, you will be responsible for Malwarebytes’ reasonable attorneys fees related to that suit.

Privacy Policy

30. By agreeing to this License, you agree to the terms of Malwarebytes’ Privacy Policy which can be found at www.malwarebytes.org More information concerning what data is tracked by Malwarebytes and how it is used is available in the Privacy Policy. <1>
31. Specifically, you agree that Malwarebytes may track certain information it obtains from your computer including data about any malicious software or other threats flagged by the Software, data about your license, data about what version of the Software you are using and what operating conditions it runs under and data concerning your geographic location.
32. Malwarebytes will not track any personal information about your computer other than data which is specifically related to operation of the Software. Geographic data collected by Malwarebytes tracks country and region, but will not obtain data about your specific address.

Miscellaneous

33. Malwarebytes agreement that you may use the Software is expressly limited to if you agree to use the Software under the terms of this License. Malwarebytes hereby rejects any different or additional terms you may have proposed when purchasing or downloading the Software unless Malwarebytes affirmatively accepted those terms in writing and made specific reference waiving this paragraph of this License.
34. The Software is subject to U.S. export jurisdiction at the time it is licensed to you, and it may be subject to additional export or import laws in other places. You agree to comply with all such laws and regulations that may apply to the Software after delivery of the Software to you.
35. You will not have the right to audit or inspect any Malwarebytes records for any reason except that you may request a copy of the documents executed for your purchase of the Software or a copy of this License.
36. This License shall supersede any other terms and conditions except where otherwise provided herein. All conflicts between this License and such documents shall be governed by this License. The rights granted to you by this License shall be construed narrowly.
37. No provision of any purchase order shall shorten the statute of limitations of any claim Malwarebytes has or may have in the future against you or any third party arising out of this License or your use of the Software.
38. Nothing in this Agreement shall be construed as precluding Malwarebytes from licensing its software to any other third party, including your competitors.
39. This License shall be construed under the laws of the State of Illinois, USA, without regard to its principles of conflicts of law. Any and all legal actions relative hereto shall be in the courts of Illinois and all parties consent to the jurisdiction of the Illinois Courts. (5)
40. By installing the Software, you warrant that you have read and understood this License and agree to its terms.

Provisions Related to Specialty Licenses

41. Educational License. If you purchased this License at a reduced price because you are a school or other educational institution, or if your purchasing documentation states that you are purchasing an Educational License, then you warrant that you will only use the Software for educational purposes. Educational purposes can include any use which furthers the educational goals of your institution and does need to include educating computer users about the Software.
42. Not-for-Profit License. If you purchased this License at a reduced price because you are a Not-for-Profit institution under US IRS Provision 501(c) or similar legislation, or if your purchasing documentation states that you are purchasing a Not-for Profit License, then you warrant that you will only use the Software in the furtherance of your Not-for-Profit purposes. Not-for-Profit purposes can include any use which furthers the Not-for-Profit goals of your institution and does need to include educating computer users about the Software.
43. Corporate License. If you purchased this License as a corporation or if your purchasing documentation states that you are purchasing a Corporate License, then you may additionally install this license on computers throughout your Corporation, or which are owned by employees, contractors or other agents of your Corporation. Corporate users may use the Software for commercial purposes to the extent that such purposes do not primarily derive revenue from the Software’s functionality. As such, using the Software as part of a help desk or computer repair service is still prohibited to Corporate License users, but you may use the Software to protect your hardware and software products from malicious programs prior to sale.

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