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NetsperPro (Brainbear Systems private Limited) End-user license agreement

Important legal notice to all users: carefully read the following legal agreement before you begin using the NetsperPro software package.

All the product sold under the NetsperPro brand of Brainbear Systems Private Limited, like Anti-spyware, Antivirus, Registry Cleaner, Driver updater and Hard hard-disk-cleaner comes with a limited trial version of fifteen days trial. you'll be able to get the trial version to check these NetsperPro product functionalities. 30 days refund policy is offered on all the NetsperPro products licensed version.

By clicking the accept button within the license agreement window or by entering corresponding symbol (-s) you consent to be sure by the terms and conditions of this agreement. Such action could be a symbol of your signature and you're willing to be bound by and have become a party to the current agreement and agree that this agreement is enforceable like several written negotiated agreement signed by you. If you do not agree to all of the terms and conditions of this agreement, cancel the installation of the software package and don't install the software.

After clicking the accept button within the license agreement window or after entering corresponding symbol (-s) you've got the right to use the software package in accordance with the terms and conditions of this agreement.

If license contract or similar document accompanies software package, terms of the software use defined in such document prevail over current user license agreement.

1. Definitions

1.1. software means that software as well as any Updates and related materials.

1.2. Right holder (owner of all rights, whether or not exclusive or otherwise to the Software) means that NetsperPro, a company incorporated according to the laws of the state.

1.3. Computer(s) means that hardware, as well as personal computers, laptops, workstations, personal digital assistants, "smart phones", hand-held devices, or different electronic devices that the software was designed where the software package will be installed and/or used.

1.4. end user (You/Your) means that individual(s) installing or using the software on their own behalf or who are lawfully using a copy of the Software; or, if the software package is being downloaded or installed on behalf of a company, like an employer, "You" further means that the organization for which the software is downloaded or installed and it's described herewith that such organization has approved the person accepting this agreement to do so on its behalf. For functions hereof the term "organization", without limitation, includes any partnership, liability company, corporation, association, joint STOCK company, trust, joint venture, labor organization, unorganised organization, or governmental authority.

1.5. Partner(s) means that organizations or individual(s) who distribute the software package based on an agreement and license with the right holder.

1.6. Update(s) means that all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs, etc.

1.7. User Manual means that user manual, administrator guide, reference and connected instructive or different materials.

The on-line version of the User Manual is available on the proper holder website: www.NetsperPro.com and will be updated when necessary.

1.8. Web-Portal means that services provided by the right holder and used for management of the installed software system and granted Licenses, further as to get and/or store data obtained from the software package and for contacting technical support. As an online resource can be used. any other net resource that's used for the above functions might also be used.

1.9. Silent EXE - the application supports silent installation i.e.; the application are going to be installed while not displaying the user-interface of the app to the user by executing the following parameters: "NetsperPro-antispyware.exe /VERYSILENT /SUPPRESSMSGBOXES /NORESTART /SP"

1.10. scheduled Tasks - By installing a desktop software or a mobile app made by NetsperPro you acknowledge that the product/s can produce and run regular tasks on your computer and/or mobile device. scheduled tasks are enabled by default. Most scheduled tasks may be disabled by you at any time from within the product settings. If you want to disable ALL scheduled tasks you would like to clean up the software fully. Payment isn't required to disable, enable or amend the scheduled tasks created by any of the NetsperPro product.

1.11. Background Processes - Upon installation, NetsperPro product could set and run tasks or background processes on your laptop that may auto-start upon reboot/restart of your computer’ operating system. These tasks are needed to either check your installed software package for available updates, validate your license data, monitor your laptop for specific product-related things (such as privacy threats, malware infection attempts etc) and various different product-related tasks that are needed for the product to provide the value and service they're supposed to provide. If you do not want to grant the product that permission, please uninstall the products at your convenience or disable the ‘Launch at System Startup’ option from within the product settings wherever applicable.

1.12. User Account control / UAC - UAC could be a security feature of Windows that helps stop unauthorized changes to the operating system by prompting the user for manual approval. NetsperPro’ product could disable the UAC prompts relating only to the NetsperPro’ product so as to extend the user’s convenience and entirely for the aim of higher user expertise and products ease of use. At any purpose you, the user, will uninstall the product if you're feeling this is an inconvenience to you.

2. Grant of License

2.1. you're given a non-exclusive license to store, load, install, execute, and show (to "use") the software on a such as number of laptops in order to help in protecting Your Computer on that the software package is installed, from problems described within the User Manual, according to all technical needs represented within the User Manual and according to the terms and conditions of this Agreement (the "License") and you accept this License:

Trial Version. If you have received, downloaded and/or installed a trial version of the software package and are hereby granted an evaluation license for the software system, you will use the software only for evaluation functions and only during the one applicable evaluation period, unless otherwise indicated, from the date of the initial installation. Any use of the software for different functions or beyond the applicable evaluation period is strictly prohibited.

Multiple-Environment Software; Multiple-Language Software; Dual-Media Software; Multiple Copies; Bundles. If you employ different|completely different} versions of the software package or different language editions of the software, if you receive the software on multiple media, if you otherwise receive multiple copies of the software package, or if you received the software bundled with different software package, the whole permitted number of your Computers on that all versions of the software package are installed shall correspond to the quantity of computers specified in licenses you've got obtained from the right holder provided that, unless the licensing terms give otherwise, every acquired license entitles you to install and use the software on such range of Computer(s) as is specified in Clauses 2.2 and 2.3.

2.2. If the software package was acquired on a physical medium you've got the right to use the software for protection of such number of Computer(s) as is specified on the software package.

2.3. If the software package was received/acquired via the web you have the right to use the software for protection of such range of Computers as was specified once you acquired the License to the software package.

2.4. you have the right to form a copy of the software only for backup purposes and solely to switch the legally owned copy if such copy is lost, destroyed or becomes unusable. This backup copy can not be used for different purposes and should be destroyed when you lose the right to use the software or when Your license expires or is terminated for the other reason according to the legislation effective within the country of your principal residence or in the country wherever you're using the software.

2.5. you'll be able to transfer the non-exclusive license to use the software to different individuals within the scope of the license granted by the right holder to You, provided that the recipient agrees to be certain by all the terms and conditions of this Agreement and to switch you fully in the license granted by the right holder. just in case You absolutely transfer the rights granted from the right holder to use the software you want to destroy all copies of the software package, as well as the backup copy. If you're a recipient of a transferred license you must agree to abide by all the terms and conditions of this Agreement. If you do not agree to be certain by all the terms and conditions of this Agreement, you will not install and/or use the software. you also agree as the recipient of a transferred license that you just don't have any additional or better rights than those of the original end user who acquired the software package from the right holder.

2.6. To use the software you will need to register on the Web-Portal.

2.7. From the time of the software package activation or once license key file installation (with the exception of a trial version of the software) you've got the right to receive the following services for the defined period such as on the software package (if the software was acquired on a physical medium) or such as during acquisition (if the Software was acquired via the Internet):

- Updates of the software via the net when and because the Right holder publishes them on its web site or through different on-line services. Аny Updates that you just may receive become a part of the software package and therefore the terms and conditions of this Agreement apply to them;

- Technical Support via the internet and Technical Support telephone hotline;

- Access to data and auxiliary resources of the right holder.

3. Activation and Term

3.1. If You modify Your laptop or make changes to alternative vendors’ software installed on that, you'll be required by the right holder to repeat activation of the software package or license key file installation, the count of which may be limited by Right holder.

3.2. If the software package was acquired on a physical medium, the software are often used, upon your acceptance of this Agreement, for the period that's specified on the package commencing upon acceptance of this Agreement.

3.3. 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.

3.4. If the software was acquired on a physical medium intended for prolongation of the right to use previously acquired software package, you'll be able to repeat activation of the software providing the activation code for previously acquired software package is present. in the absence of this activation code, the period of effective use of the software are limited according to the information specified on the software system package.

3.5. you have got the right to use a trial version of the software package as provided in Clause 2.1 without any charge for the single applicable evaluation period (30 days) from the time of the software package activation according to this Agreement on condition that the trial version doesn't entitle You to Updates and Technical support via the net and therefore the Technical Support telephone hotline. If Right holder sets another duration for the one applicable evaluation period you'll be informed via notification.

3.6. Your License to Use the software is limited to the period of time as specified in Clauses 3.2 or 3.3 (as applicable) and may not exceed the term specified in clause 8.3; the remaining period can be viewed via the means that described in the User Manual. At the conclusion of the validity of the license, the software may be automatically deactivated and enter into an inactive state or continue working with limited practicality.

3.7. If you have got acquired software that's intended to be used on more than one laptop then Your License to Use the software package is limited to the period of time starting from the date of activation of the software or license key file installation on the primary laptop.

3.8. without prejudice to the other remedy in law or in equity that the right holder might have, within the event of any breach by You of any of the terms and conditions of this Agreement, the right holder shall at any time unexpectedly to You be entitled to terminate this License to use the software package while not refunding the purchase price or any part thereof.

3.9. You agree that in using the software package and in using any report or data derived as a results of using this software package, you'll comply with all applicable international, national, state, regional and native laws and rules, including, without limitation, privacy, copyright, export management and obscenity law.

3.10. Except as otherwise specifically provided herein, you'll not transfer or assign any of the rights granted to you below this Agreement or any of your obligations pursuant hereto.

3.11. the correct holder reserves the proper to limit the possibility of activation outside the region within which the software was acquired from the correct holder and/or its Partners.

3.12. If you have acquired the software package with an activation code valid for the language localization of the software package of the region within which it was acquired from the correct holder or its Partners, you can't activate the software by applying an activation code meant for an additional language localization.

3.13. just in case of limitations specified in Clauses 3.11 and 3.12 data concerning these limitations is stated on the package and/or web site of the proper holder and/or its Partners.

3.14. to see the legitimacy of the software package, use the correct holder reserves the correct to use means that to verify that you simply have accredited copy of the software.

The software package will transmit Right holder license data required to verify the legitimacy of the software package use. If the check can't be performed for a certain period of your time specified in the User Manual, the software package will work with restricted practicality.

4. using the element Parental control for collection information concerning user actions on the pc

4.1. just in case of using the software package with enabled Parental control and set appropriate settings, the software collects and saves in logs data concerning user actions performed on the pc. data content and the Parental control settings are represented within the User Manual and on the right holder website: www.NetsperPro.com

4.2. You agree that actions represented in Clause 4.1 are often employed by you simply for observance kid actions on the pc.

4.3. you're exclusively responsible for maintaining the confidentiality of the data collected by the software package.

4.4. You agree that the correct holder doesn't bear any liability for unauthorized use of the data obtained once exploitation the software

5. Technical Support

5.1. The Technical Support represented in Clause 2.7 of this Agreement is provided to You when the newest Update of the software is installed (except for a trial version of the Software) in accordance with the Technical Support rules.

Technical support service and its rules are placed at: http://www.NetsperPro.com

5.2. User’s information, specified on Web-portal, can be employed by Technical Support specialists only if processing User requests.

6. Information Collection

6.1. You agree to automatically give data about the installation and uninstallation of the software package, together with but not restricted to data about installation issue codes, the distribution package of the software package getting used, operating system version, the pc ID, and installation type.

6.2. to increase the amount of operational protection You agree to automatically give data concerning the checksums and formats of files processed (MD5), the scan date and time, identifiers of the versions of software configurations, scan result and trust supply, system volume classification system type and indication of processed file on system volume, data to determine the reputation of url, statistics on usage of the software notifications, spam statistics, data concerning activation and therefore the version of the software, data concerning the types of identified problems, as well because the digital certificates used and data necessary to verify their authenticity. If the pc is provided with TPM (Trusted Platform Module), you also agree to provide the TPM report concerning the pc operating system boot process and therefore the data necessary to verify the authenticity of the report.

6.3. in order to boost security awareness concerning new problems and their sources and so as to boost Your security protection level the correct holder, along with your consent that has been expressly confirmed within the NetsperPro Security Network information collection Statement, is expressly entitled to receive such data. you'll be able to deactivate the NetsperPro Security Network service throughout installation. Also, you'll be able to activate and deactivate the NetsperPro Security Network service at any time within the software settings window.

You further acknowledge and agree that any data gathered by Right holder are often used to track and publish reports on security risk trends within the Right holder’s sole and exclusive discretion.

6.4. The software doesn't process any personally identifiable information and doesn't mix the processed information with any personal data.

6.5. If you do not would like for the data collected by the software package to be sent to the right holder, you must not activate and/or de-activate, the NetsperPro Security Network service.

7. Limitations

7.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the software or disassemble or produce by-product works supported the software package or any portion thereof with the only exception of a non-waiver able right granted to You by applicable legislation, and you shall not otherwise scale back any a part of the software to human-readable kind or transfer the accredited software package, or any set of the accredited software package, nor allow any third party to do so, except to the extent the preceding restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source could also be used or reverse-engineered to re-create the program algorithm, that is proprietary. All rights not expressly granted herein are reserved by Right holder and/or its suppliers, as applicable. Any such unauthorized use of the software shall result in immediate and automatic termination of this Agreement and therefore the License granted hereunder and may result in criminal and/or civil prosecution against You.

7.2. You shall not transfer the rights to use the software package to any third party except as set forth in Clause 2.5 of this Agreement.

7.3. You shall not offer the activation code and/or license key file to 3rd parties or permit third parties access to the activation code and/or license key, that are deemed confidential information of Right holder and you shall exercise reasonable care in protecting the activation code and/or license key in confidence on condition that you'll be able to transfer the activation code and/or license key to 3rd parties as set forth in Clause 2.5 of this Agreement. Keep the activation code in a safe place till the expiration of the license.

7.4. You shall not rent, lease or lend the software package to any third party.

7.5. You shall not use the software within the creation of information or software used for detection, block or treating problems represented within the User Manual.

7.6. the correct holder has the right to block the license to use the software package within the event You breach any of the terms and conditions of this Agreement and without any refund to You.

7.7. If you're exploitation the trial version of the software you are doing not have the right to receive the Technical Support specified in Clause 4 of this Agreement and you do not have the right to transfer the license or the rights to use the software package to any third party.

8. Limited Warranty and Disclaimer

8.1 the correct holder guarantees software package operation according to the User Manual provided using supported versions of the software system unless otherwise specified in the license agreement. The list of supported versions is found at http://www.NetsperPro.com

8.2 You agree that the software system is given an enabled automatic update option that provides automatic downloading and installation of improvements, fixes, enhancements and/or modifications of the software system and its elements, including new versions of the software system. this feature will be converted within the software system settings.

8.3 If a software system update includes substantial changes to the interface that apply to the gathering and process of User’s information, include changes in current license agreement, and additionally include substantial changes within the software system functionality, you have got the right to refuse such updates and continue using this version of the software system till expiration of its support according to rules on http://www.NetsperPro.com/

8.4. You acknowledge, accept and agree that no software system is issue-free and you're suggested to back up the pc with the frequency and responsibleness appropriate for You.

8.5. the correct holder doesn't give any guarantee that the software system can work properly just in case of violations of the terms described within the User Manual or during this Agreement.

8.6. the right holder doesn't guarantee that the software system can work properly if you do not regularly download Updates specified in Clause 2.7 of this Agreement.

8.7. the right holder doesn't guarantee protection from the problems described within the User Manual after the expiration of the period specified in Clauses 3.2 or 3.3 of this Agreement or after the License to use the software system is terminated for any reason.

8.8. You acknowledge that the software system are provisioned with NetsperPro standard settings applied by default which it's Your sole responsibility to configure the software system to satisfy Your own needs.

8.9. The software system is provided "as is" and also the Right holder makes no representation and provides no warranty as to its use or performance. except for any warranty, condition, representation or term the extent to that can't be excluded or limited by applicable law. the right holder and its partners make no warranty, condition, representation, or term(expressed or silent, whether or not by statute, common law, custom, usage or otherwise) on any matter including, while not limitation, non-infringement of third-party rights, state, satisfactory quality, integration, or applicability for a specific purpose. You assume all faults, and also the entire risk as to performance and responsibility for choosing the software system to achieve your intended results, and for the installation of, use of, and results obtained from the software system. while not limiting the preceding provisions, the correct holder makes no representation and provides no warranty that the software system will be issue-free or free from interruptions or different failures or that the software system can meet any or all of your needs whether or not or not disclosed to the correct holder.

9. Exclusion and Limitation of Liability

9.1. To the most extent permitted by applicable law, in no event shall the right holder or its partners be liable for any special, incidental, punitive, indirect, or eventful damages any (including, however not limited to, damages for loss of profits or confidential or different info, for business interruption, for loss of privacy, for corruption, damage and loss {of data|of knowledge|of information} or programs, for failure to meet any duty together with any statutory duty, duty of good faith or duty of reasonable care, for negligence, for economic loss, and for {any different|the other} pecuniary or other loss whatsoever) arising out of or in any manner related to the employment of or inability to use the software system, the availability of or failure to supply support or different services, information, software, and connected content through the software system or otherwise arising out of the employment of the software system, or otherwise beneath or in reference to 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 correct holder or any of its partners, even if the correct holder or any partner has been suggested of the possibility of such damages.

You agree that in the event the right holder and/or its partners are found liable, the liability of the right holder and/or its partners shall be limited by the prices of the software system. In no case shall the liability of the correct holder and/or its partners exceed the fees procured the software system to the correct holder or the partner (as is also applicable).

Nothing in this agreement excludes or limits any claim for death and personal injury. any in the event any disclaimer, exclusion or limitation during this agreement can not be excluded or limited in line with applicable law then solely such disclaimer, exclusion or limitation shall not apply to you and you continue to be bound by all the remaining disclaimers, exclusions and limitations.

General and Other Third-Party Licenses

10.1. The software system could include some software system programs that are accredited (or sublicensed) to the user under the gnu General Public License (GPL) or different similar free software system licenses that, among different rights, allow the user to repeat, modify and distribute certain programs, or portions thereof, and have access to the source code "Open-Source Software"). If such licenses require that for any software system, that is distributed to someone in an practicable binary format, that the source code even be created offered to those users, then the source code ought to be created offered by causing the request to support@NetsperPro.com or the source code is provided with the software system. If any open-source software system licenses need that the correct holder give rights to use, copy or modify an open-source software system program that are broader than the rights granted during this Agreement, then such rights shall take precedence over the rights and restrictions herein.

11. Intellectual Property Ownership

11.1. You agree that the software system and also the authorship, systems, ideas, ways of operation, documentation and different info contained within the software system are proprietary property and/or the valuable secrets of the correct holder or its partners which the correct holder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the russian federation, european union and also the united states, in addition as different countries and international treaties. This Agreement doesn't grant You any rights to the intellectual property, together with any logos or Service Marks of the correct holder and/or its partners ("Trademarks"). you'll use the logos solely insofar on establish written output made by the software system in accordance with accepted trademark follow, together with identification of the Trademark owner’s name. Such use of any Trademark doesn't offer you any rights of possession in this Trademark. the correct holder and/or its partners own and retain okay, title, and interest in and to the software system, together with while not limitation any issue corrections, enhancements, Updates or different modifications to the software system, whether or not created by the correct holder or any third party, and every one copyrights, patents, secret rights, trademarks, and different property rights in this. Your possession, installation or use of the software system doesn't transfer to you any title to the property within the software system, and you may not acquire any rights to the software system except as expressly set forth during this Agreement. All copies of the software system created hereinafter should contain a similar proprietary notices that seem on and within the software system. Except as expressed herein, this Agreement doesn't grant you any property rights within the software system and you acknowledge that the License, as any outlined herein, granted beneath this Agreement solely provides you with a right of restricted use beneath the terms and conditions of this Agreement. Right holder reserves all rights not expressly granted to you during this Agreement.

11.2. You agree not to modify or alter the software in any manner. you'll not remove or alter any copyright notices or different proprietary notices on any copies of the software system.

12. Governing Law

12.1. Except as provided in Clauses 12.2 and 12.3 below, this Agreement shall be governed by and construed in accordance the laws specified below for the country or territory within which you obtained the software system, while not reference to or application of conflicts of laws

principles:

a. Russia. If you obtained the software system in Russia, the laws of the russian federation.

b. united states, Puerto RICO, american samoa, Guam, and U.S. virgin islands. If you obtained the software system within the united states, Puerto RICO,

American Samoa, Guam or the U.S. Virgin Islands, the laws of the Commonwealth of Massachusetts, USA, provided, however, that the laws of the U.S. state wherever you reside can govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permissible by law, the correct holder and you expressly agree herewith to waive any right to a trial by jury.

c. Canada. If you obtained the software in Canada, the laws of the Province of Ontario.

d. Mexico. If you obtained the software in Mexico, the federal laws of the Republic of Mexico.

e. european union (EU). If you obtained the software during a member country of the EU, the laws of European country.

f. Australia. If you obtained the software in Australia, the laws of the State or Territory within which you obtained the license.

g. hong kong Special administrative Region (SAR) and Macao SAR. If you obtained the software in city SAR or Macao SAR, the laws of Hong Kong SAR.

h. Taiwan. If you obtained the software package in Taiwan, the laws of Taiwan.

i. Japan. If you obtained the software in Japan, the laws of Japan.

j. India, or any other Country or Territory. If you select to get the software package in India or any ather country, the substantive laws of the country where the purchase took place will be in effect.

12.2. notwithstanding the foregoing, if the necessary laws or public policy of any country or territory within which this Agreement is implemented or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent needed by such mandatory laws or public policy. Similarly, if you're an individual client, the provisions of Clause 12.1 shall not have an effect on any necessary right you'll have to take action in your country of residence under the laws of that country.

12.3. This Agreement shall not be governed by the united nations Convention on Contracts for the International Sale of products, the applying of that is expressly excluded.

12.4. the end User is responsible for contacting only the right Holder or their partners directly if having any problems with the product.

13. period for delivery Actions

13.1. No action, regardless of type, arising out of the transactions under this Agreement is also brought by either party hereto over one (1) year once the reason for action has occurred, or was discovered to possess occurred, except that an action for infringement of property rights is also brought inside the most applicable statutory period.

14. Entire Agreement; Severability; No discharge

14.1. This Agreement is the entire agreement between you and Right holder and supersedes the other previous agreements, proposals, communications or advertising, oral or written, with respect to the software or to the topic matter of this Agreement. You acknowledge that you just have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision are going to be more narrowly construed in order that it becomes legal and enforceable, and also the entire Agreement won't fail on account therefrom and also the balance of the Agreement can continue fully force and impact to the most extent permissible by law or equity whereas preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and a licensed representative of Right holder only if no discharge of any breach of any provisions of this Agreement can represent a discharge of any previous, concurrent or ensuant breach. Right holder’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a discharge of any such provision or right.

15. Right holder Contact Information

Should you have any queries regarding this Agreement, or if you need to contact the right holder for any reason, please contact our client Service Department at:

NetsperPro, Brainbear Systems Private Limited

C-56/5, Mantec Tower, Sector 62, Noida 201 301

E-mail: info@NetsperPro.com

Web site: https://www.NetsperPro.com