AdFender License Agreement

1. LICENSE GRANT.

Upon YOUR acceptance of this AGREEMENT and subject to YOUR compliance with the terms of this AGREEMENT, LICENSOR grants YOU a non-exclusive, non-transferable license to use the SOFTWARE for the following purposes and in the following manner:

1.1. YOU may NOT resell, charge for, sub-license, rent, lease, loan or distribute the SOFTWARE without prior written consent from the LICENSOR. The LICENSOR reserves the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that YOU immediately cease any activity in respect of which permission is withdrawn.

1.2. YOU may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the SOFTWARE in whole or in part.

1.3. YOU may NOT use the SOFTWARE to engage in or allow others to engage in any illegal activity.

1.4. YOU may NOT transfer or assign YOUR rights or obligations under this AGREEMENT to any person, or activate or use the SOFTWARE on more Computers at any one time than YOUR license permits under clause 1.6.

1.5. YOU may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the SOFTWARE except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.

1.6. YOUR license permits the SOFTWARE to be activated and used on up to the number of Computers stated in the Purchase Receipt or applicable purchasing documentation (or, if no number is stated, one (1) Computer) at any one time. "Computer" means a single physical computer or virtual machine. Those Computers may be used by YOU and by members of YOUR household or, if YOU acquired the license on behalf of an entity, by that entity's employees and contractors, and YOU are responsible for their compliance with this AGREEMENT. YOU may move the license from one Computer to another by deactivating it on the first Computer in the manner LICENSOR provides. LICENSOR may limit the total number of different Computers on which a license may be activated. If that limit prevents YOU from activating the SOFTWARE after a legitimate hardware replacement, hardware failure or similar circumstance, YOU may contact LICENSOR, and LICENSOR may authorize additional activations where reasonably appropriate.

2. OWNERSHIP.

Each copy of the SOFTWARE is licensed, not sold. For purposes of this AGREEMENT, the terms "purchase," "sell" and like terms refer to purchase or sale of a license to use the SOFTWARE and not to a purchase or sale of title to or ownership of any rights or other interests in the SOFTWARE. YOU own the media on which the SOFTWARE is recorded, but you acknowledge and agree that the LICENSOR retains ownership of the SOFTWARE itself and any related material used by LICENSOR or the SOFTWARE, including all intellectual property rights therein. The SOFTWARE is protected by U.S. copyright law and international treaties. YOU will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the SOFTWARE as delivered to you. LICENSOR reserves all rights in the SOFTWARE not expressly granted to you in this AGREEMENT.

3. ACTIVATION AND TERM.

3.1. If YOU modify YOUR Computer or make changes to other vendors' software installed on it, YOU may be required by the LICENSOR to repeat activation of the SOFTWARE, the count of which may be limited by LICENSOR.

3.2. If YOU have purchased a license to the SOFTWARE, then the initial term of this AGREEMENT commences on the date YOU first activate the SOFTWARE on any Computer (or, if no activation is required, the date YOU initially install a copy of the SOFTWARE on a Computer, or, if YOU have not activated the SOFTWARE within twelve (12) months after the date of purchase, on the date twelve (12) months after the date of purchase), and continues for the period of time set forth in the Purchase Receipt or applicable purchasing documentation accompanying the SOFTWARE (or, if no such period is specified, for one (1) year). A single term applies to every Computer activated under the same license, regardless of when each Computer was activated. If YOU renew the license before its term ends, the renewal period is added to the end of the current term, regardless of when the renewal was purchased. Licenses do not renew automatically: to continue using the SOFTWARE after the term ends, YOU must purchase a renewal.

3.3. If YOU have obtained a trial license to the SOFTWARE, then YOUR license will continue for such time period as may be specified by LICENSOR with respect to such trial (or, if no such period is specified, for fourteen (14) days). The trial license does not entitle YOU to technical support, and LICENSOR may terminate YOUR trial license at any time at its sole discretion.

3.4. Upon expiration or termination of the applicable license term described in this clause, the SOFTWARE may be automatically deactivated and enter into an inactive or disabled state.

3.5. Without prejudice to any other remedy in law or in equity that the LICENSOR may have, in the event of any breach by YOU of any of the terms and conditions of this AGREEMENT, the LICENSOR shall at any time without notice to YOU be entitled to terminate YOUR license to use the SOFTWARE under this AGREEMENT without refunding the purchase price or any part thereof.

3.6. 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.

3.7. To verify the legitimacy of YOUR use of the SOFTWARE, the LICENSOR reserves the right to employ means to verify that YOU have a licensed copy of the SOFTWARE. The SOFTWARE may transmit to LICENSOR information needed to verify the legitimacy of the SOFTWARE use. If the check cannot be performed or if the information cannot be authenticated, the SOFTWARE may enter into an inactive or disabled state. License verification requires access to LICENSOR's servers and a working internet connection.

4. CAUTION AND ACKNOWLEDGEMENT.

The SOFTWARE is designed to identify and block or remove online advertisements and trackers ("THREATS"), which, in LICENSOR'S judgment, may compromise computer security and/or online privacy. YOU acknowledge that use of the SOFTWARE may interfere with other non-LICENSOR software, or change settings on YOUR computer (including network proxy settings) which may disable YOUR internet connection, and YOU agree that the LICENSOR shall not be responsible for such interference or the results of such interference. While the SOFTWARE uses reasonable efforts to properly identify THREATS, the LICENSOR does not guarantee that it is complete or always accurate.

5. BACK-UP AND ACKNOWLEDGEMENT.

For as long as you use the SOFTWARE, you agree to regularly back-up YOUR Computer programs and files ("DATA") on a separate media. YOU acknowledge that the failure to do so may cause you to lose DATA in the event that any error in the SOFTWARE causes Computer problems, and that LICENSOR is not responsible for any such DATA loss. YOU agree that you are responsible for deciding if and how you use the SOFTWARE.

6. UPDATES.

From time to time, LICENSOR may, but has no obligation to, provide updates to the SOFTWARE. The SOFTWARE may download and install updates to its filter lists automatically. When a newer version of the SOFTWARE itself is available, the SOFTWARE may display a notice so that YOU can download and install it, and YOU are advised to keep the SOFTWARE up to date. LICENSOR reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate license at any time and without notice to YOU. Nothing in this AGREEMENT entitles YOU to receive any support, maintenance, updates, upgrades, content or new versions of the SOFTWARE. LICENSOR specifically reserves the right to cease providing, updating, or maintaining the SOFTWARE at any time in its sole discretion. LICENSOR may occasionally send messages about the SOFTWARE or about other products or offers available from LICENSOR, which the SOFTWARE may display or open in YOUR web browser.

7. PRIVACY POLICY.

By entering into this AGREEMENT you agree to the terms of LICENSOR's privacy policy, which can be found at https://adfender.com/privacy.html ("Privacy Policy"). More information concerning what data is collected by LICENSOR and how it is used is available in the Privacy Policy. Specifically, you agree that LICENSOR may collect certain information it obtains from YOUR computer, including aggregate counts of how many advertisements and trackers were blocked, data about YOUR license and its activation status (including YOUR activation code, a device identifier derived from YOUR Computer's hardware configuration that is used for license activation and verification, and any email address YOU provide during purchase or activation), data about what version of the SOFTWARE YOU are using, and what operating conditions it runs under (such as the operating system version and filter database versions). Except in a diagnostic report that YOU choose to send to LICENSOR, the SOFTWARE does not send LICENSOR the addresses of websites YOU visit, the content of pages YOU view, or anything YOU type into them. The Privacy Policy describes all of the information LICENSOR collects, including what LICENSOR's servers record when the SOFTWARE contacts them.

8. NO WARRANTY.

THE SOFTWARE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND/OR ITS PARTNERS DISCLAIM AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, OR IMPLIED BY STATUTE, COMMON LAW OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. EXCLUSION AND LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE LICENSOR OR ANY OF ITS PARTNERS, EVEN IF THE LICENSOR OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE LICENSOR AND ITS PARTNERS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE FEES PAID FOR THE SOFTWARE TO THE LICENSOR AND/OR ITS PARTNERS (INCLUDING ANY RESELLER THAT SOLD YOU THE LICENSE) DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

10. CONSUMER PROTECTION.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THE ABOVE LIMITATIONS AND DISCLAIMERS OF WARRANTIES AND LIABILITIES MAY NOT FULLY APPLY TO YOU. YOU MAY HAVE ADDITIONAL RIGHTS AND REMEDIES THAT MAY VARY FROM JURISDICTION TO JURISDICTION. SUCH POTENTIAL RIGHTS OR REMEDIES, IF ANY, SHALL NOT BE AFFECTED BY THIS AGREEMENT.

11. U.S. GOVERNMENT USERS.

The SOFTWARE and its documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the SOFTWARE and its documentation are licensed to United States Government end users only as commercial items and only with those rights granted to all other end users under this AGREEMENT.

12. GOVERNING LAW AND JURISDICTION.

This AGREEMENT and any disputes arising out of or related to this AGREEMENT or the SOFTWARE will be governed by the laws of the State of California excluding its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts located in San Diego County, California have exclusive jurisdiction over any such dispute, and YOU and LICENSOR consent to the personal jurisdiction of those courts. Nothing in this clause deprives YOU of any protection, or of any right to bring proceedings in the courts where YOU live, that applicable consumer-protection law gives YOU and does not allow YOU to waive.

13. EXPORT CONTROL.

YOU agree to comply fully with all U.S. and other applicable export laws and regulations, including the Export Administration Regulations administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control, to ensure that neither the SOFTWARE nor any technical data related thereto nor any direct product thereof are exported, re-exported or transferred directly or indirectly in violation of, or used for any purposes or by any persons prohibited by, such laws and regulations. Information about U.S. sanctions can be found at the following website: https://ofac.treasury.gov/

14. ENTIRE AGREEMENT, SEVERABILITY.

This AGREEMENT, together with the Purchase Receipt or applicable purchasing documentation for YOUR license, the Privacy Policy, and LICENSOR's terms and conditions of sale (https://adfender.com/terms.html) and refund policy (https://adfender.com/refund.html) as in effect when YOU purchased the license, is the entire agreement between YOU and the LICENSOR and supersedes any prior agreement or understanding, whether written or oral, relating to its subject matter. Where the Purchase Receipt, the purchasing documentation or those terms of sale or refund policy conflict with this AGREEMENT on the number of Computers, the license term, the price or refunds (subject to clause 3.5), they control; on every other matter, this AGREEMENT controls. In the event of invalidity of any provision of this AGREEMENT, the parties agree that such invalidity shall not affect the validity of the remaining portions of this AGREEMENT. LICENSOR's failure to insist upon or enforce strict performance of any provision of this AGREEMENT or any right shall not be construed as a waiver of any such provision or right.

15. QUESTIONS.

Visit https://adfender.com/support.html if you have a question about the SOFTWARE. Direct all questions about this AGREEMENT to: info@adfender.com.