This End User License Agreement (hereinafter “Agreement”) is a legal agreement between you (either an individual or a legal entity) and ZeoBIT Inc, with its principal office at Corner Hutson & Eyre Street, Blake Building Suite 302, Belize City, Belize, (hereinafter “ZeoBIT”) for the use of MacKeeper.
The MacKeeper Software (the computer program in machine readable object code form issued by ZeoBIT pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the MacKeeper software) and/or other materials distributed with the MacKeeper Software (disk image, CD or any other media containing these materials) is licensed, not sold, to you by ZeoBIT, and ZeoBIT reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall the source code of MacKeeper be made available to you by ZeoBIT. The MacKeeper Software and Documentation are collectively referred to as ‘MacKeeper’.
By downloading, installing, copying or otherwise using all or any portion of the MacKeeper Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the MacKeeper Software. If you purchased MacKeeper and do not agree to this License Agreement, you may obtain a refund of the purchase price provided that you a) have not used the MacKeeper Software, and b) if you have purchased your copy from elsewhere than the http://www.mackeeper.com or http://mackeeper.ZeoBIT.com websites, forthwith return your purchased copy of MacKeeper with proof of payment to the location from which it was obtained. Violation of any part of the Agreement will result in termination of your account.
1. LICENSE GRANT
ZeoBIT may, at its sole discretion, grant you a Trial License or a Commercial License. Unless otherwise stated, the Trial License Terms as set out under (A) are applicable to your use of MacKeeper if you have not purchased or otherwise rightfully obtained a Commercial License for MacKeeper. The Commercial License Terms as set out under (B) are applicable to your use of MacKeeper if you have rightfully obtained a Commercial License for MacKeeper.
A. TRIAL LICENSE TERMS
ZeoBIT grants you a non-exclusive, non-transferable license to use MacKeeper for time-limited evaluation purposes only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MacKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. MacKeeper may be used for 15 days from the first time you run it. Upon lapse of such period all of or part of MacKeeper’s functionality will be disabled automatically. ZeoBIT may, at its sole discretion, decide to prolong the tryout period and will inform you thereof via the http://www.mackeeper.com or http://mackeeper.ZeoBIT.com websites or by contacting you via email, on the phone or in writing. If you wish to use MacKeeper after the tryout period, you will need to purchase a Commercial License.
B. COMMERCIAL LICENSE TERMS
ZeoBIT grants you a non-exclusive license to use MacKeeper, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MacKeeper to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
B1. ONLINE ACTIVATION
The MacKeeper Software requires online activation in order to use it under the Commercial License Terms. If you do not activate your copy of MacKeeper, all of or part of the functionality of your copy will be disabled automatically in 15 days after you first run it. ZeoBIT may at its sole discretion decide to adjust the exact technical conditions under which unactivated MacKeeper copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of MacKeeper. Your licensed use of MacKeeper is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of MacKeeper after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact ZeoBIT to complete reactivation.
This License grants you the right to activate and use MacKeeper on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. ZeoBIT may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use MacKeeper on multiple computers.
The right to transfer the activated copy of the MacKeeper Software to another computer is personal. To transfer your activated copy of the MacKeeper Software to another computer you may need to contact ZeoBIT. You may transfer your MacKeeper license rights only once and permanently to another person or legal entity under the conditions that you transfer MacKeeper in its entirety, you do not retain a copy of MacKeeper or any part thereof yourself, and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement. If you activated your license before transferring it you may need to contact ZeoBIT to complete the transfer.
B3. PERSONAL INFORMATION
ZeoBIT may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep ZeoBIT informed of any changes in your personal information. You may do so by contacting ZeoBIT through the ‘Support’ section of the http://www.mackeeper.com or http://mackeeper.ZeoBIT.com websites, calling on the phone, sending an email or using a built-in MacKeeper live chat. ZeoBIT may require you to verify any changes to personal information.
ZeoBIT may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your MacKeeper license that you purchased your MacKeeper license there and to contact you with information related to MacKeeper. ZeoBIT may share this information with its licensors. ZeoBIT will not sell or license usage of your personal information to third parties.
After the Anti-Theft service is activated, information about your computer’s location will be available at your account page (http://account.zeobit.com/) and will be updated every hour.
2. GENERAL TERMS
These General Terms are applicable to the Trial License and the Commercial License. This agreement is available only to individuals who are at least 13 years old. You represent and warranty that if you are an individual, you are at least 13 years old, you are of legal age to agree to this agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. The Company may in its sole discretion terminate the agreement with any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access this agreement is revoked in such jurisdictions.
COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial and/or proprietary rights to MacKeeper and to any whole or partial copies that you make are owned by ZeoBIT or its licensors. ZeoBIT permits you to use MacKeeper only in accordance with the terms of this License Agreement. All rights not specifically granted by ZeoBIT are reserved by ZeoBIT. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of MacKeeper except for those uses allowed in this License Agreement. ZeoBIT is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that ZeoBIT is the subject of copyright and other intellectual, industrial or proprietary rights of ZeoBIT and/or third parties.
You agree not to replace or modify in any way libraries and resources included in the MacKeeper software.
ZeoBIT will provide a limited service of free antivirus updates for a period of one year from the first time you activate MacKeeper. Additional fees may also apply to using the ZeoDisk service.
The Commercial License does not allow MacKeeper to be activated and used on more computers than the number of computers you have obtained the said License(s) for. ZeoBIT may, at its sole discretion, for your convenience decide to allow you to activate MacKeeper on additional computers within reasonable limits. Notwithstanding such a decision you are only licensed to use MacKeeper simultaneously on the amount of computers you have obtained the said License(s) for.
ZeoBIT may, at its sole discretion, decide to suspend further activations performed under the said License(s), and/or render the said License(s) null and void, if it considers the amount of activations performed under the said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the MacKeeper Software.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MACKEEPER IS AT YOUR SOLE RISK. MACKEEPER IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ZeoBIT, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS “ZeoBIT”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. ZeoBIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MACKEEPER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF MACKEEPER WILL BE CORRECTED. FURTHERMORE, ZeoBIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MACKEEPER IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZeoBIT, ZeoBIT AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO MACKEEPER. SHOULD MACKEEPER PROVE DEFECTIVE, YOU (AND NOT ZeoBIT OR A ZeoBIT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. ZeoBIT PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. ZeoBIT STRONGLY RECOMMENDS YOU TO PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER ZeoBIT NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF MACKEEPER OR OTHERWISE IN CONNECTION WITH THIS LICENSE. IN ALL CASES, ZeoBIT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU.
LIMITATION OF SUPPORT
ZeoBIT will make an effort to provide you with email, phone and chat support pertaining to your use of MacKeeper. The said support will be limited to topics within the domain of basic usage of MacKeeper. ZeoBIT is not required to offer you general advice on technologies underlying or related to MacKeeper. ZeoBIT reserves the right to cease offering support of any kind pertaining to the usage of older releases of MacKeeper whenever a new release, whether for free or for pay, of MacKeeper becomes available.
You agree to defend ZeoBIT, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold ZeoBIT, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from your breach or violation of this License, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of MacKeeper. ZeoBIT reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with ZeoBIT upon its request.
TECHNICAL AND RELATED INFORMATION
ZeoBIT and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. ZeoBIT and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by ZeoBIT and its subsidiaries shall be limited in such a manner that ZeoBIT and its subsidiaries will not be capable of reconstructing the contents of files and folders you use from within MacKeeper or any other personal files and folders that are accessible to MacKeeper when you use it.
ZeoBIT may issue a License Code or License Key to you, which you may need to activate MacKeeper under the terms of the Commercial License. ZeoBIT and its subsidiaries and distributors may link the said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by ZeoBIT.
THIRD PARTY SOFTWARE LICENSES
MacKeeper may make use of third party software components. Notwithstanding the foregoing, use of some third party materials included in the MacKeeper Software may be subject to other terms and conditions. You hereby agree to the terms and conditions for any and all such third party software components.
TERM AND TERMINATION
This License Agreement is effective until terminated. Without prejudice to any other rights, ZeoBIT may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of MacKeeper and destroy all copies of MacKeeper that are in your possession. Inaction of ZeoBIT to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by MacKeeper under this and other provisions.
ZeoBIT values any feedback from the customers and does everything to fix all possible issues. However, if you are still not satisfied with our products and services and may require a refund, please get acquainted with our refund policy.
Please note that buying licensed software confirms the customer’s satisfaction with the product, as they should have already examined the software by downloading the trial version.
Refunds are given only in case of problems related directly to our product. If there are direct proofs of issues with our software, for example, error messages or screenshots, and these issues cannot be resolved by our customer support department, the customer has the right to receive a refund. Refunds are not given in case of general computer problems not related to our software.
Before requesting a refund, the customer must inform our customer support department of any issues that may arise in relation to our software. Refunds are given ONLY in case of contacting our support team. Our customer support department is obliged to do their best to fix the problem. If they confirm that the software problem cannot be fixed, a refund will be given. The company is not responsible for any independent actions taken by the customer or help from any third parties.
The company provides the customers with all possible kinds of support, including manuals, email support, phone support, live chat etc. Therefore if the customer did not follow the instructions, set up wrong preferences or refused to use our customer support service, the company has the right to decline the refund request.
If the software is purchased via the Internet, it does not include any physical storage media. Refunds are not given in case of ignorance of this fact.
Inability to download the software is not an argument for the refund. The customer can have Internet or computer problems not related to our product. If the customer is unable to download the software, they must contact our customer support department.
Once the refund is given, further usage of the software becomes illegal; therefore the customer must uninstall the program. In addition, all registration data will be immediately blocked, and the refunded customer will not be able to use the updates.
Refunds are processed within 1 to 3 weeks – this time is needed by the bank to process the payment.
In case of double charge due to circumstances beyond the customer’s control, if the fact thereof is confirmed, the company is obliged to give the refund upon the customer’s request.
All processing fees are non-refundable.
The customer has no right to request a refund for additional customer support service orders that:
- had been fully used but the quality was claimed as unsatisfactory,
- were partly used,
- were not used at all.
ZeoBIT shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond ZeoBIT’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and ZeoBIT relating to MacKeeper and supersedes all prior oral or written communications and representation with respect to MacKeeper or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
AT THE TIME OF PURCHASE, THE SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE AFTER PURCHASE AND INSTALLATION BY THE USER. ALL USERS MUST ACCEPT ALL CHANGES MADE TO MACKEEPER, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF ZeoBIT ELECTS IN ITS SOLE DISCRETION TO DISCONTINUE IT.
If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
This agreement shall be governed by the laws of the State of California and the United States of America, without regard to conflict-of-laws provisions. Any disputes arising out of this License shall be subject to the exclusive venue of the state and federal courts of Santa Clara County, California, and the parties hereby consent to the venue and jurisdiction of such courts. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. ZeoBIT RESERVES THE RIGHT TO AMEND THE SPECIFIC TERMS OF THE LICENSE REGARDING MACKEEPER AT ITS SOLE DISCRETION BY UPDATING ITS POLICY LOCATED AT http://mackeeper.ZeoBIT.com/eula OR ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amended terms, you must cease the use of MacKeeper and any other related materials bundled in the package at the time of purchase. Your continued use of MacKeeper after the notice shall be deemed agreement to be bound by such amendment.
For all purposes of this License, each of ZeoBIT’s third-party licensors of MacKeeper shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
QUESTIONS OR COMMENTS
Should you have any questions or comments concerning this License or the limited warranty, you may contact ZeoBIT in writing at 440 N. Wolfe Rd., Sunnyvale, CA 94085.