Please read these terms of use (the "Terms of Use") carefully before you use any of the Adaware ("Adaware") websites provided by Adaware and it co–operations partners (collectively "the Adaware Site"). By accessing and using the Adaware Site you acknowledge and agree that you will abide by these Terms of Use. If you do not agree to these Terms of Use you should not use the Adaware Site or any services, information or content made available on the Adaware Site.
The Adaware Site. The Adaware Site includes, without limitation:
- the Adaware online store, the Adaware support forum, the Adaware beta center, "MyAdaware" and other Adaware services that are accessible through the Adaware Site (collectively the "Adaware Site Services");
- the Adaware software products which are available for download and/or sale, including but not limited to commercial software products, freeware software products and trial versions and pre–release beta version of the aforementioned software products (collectively "the Adaware Software Products");
- information, including but not limited to, technical, contractual, product, program, pricing, marketing and other valuable information (collectively the "Information"); and
- content, including but not limited to, data, text, software, music, sounds, photographs, graphics, videos, messages and other materials (collectively the "Content").
Use Terms for the Adaware Software Products. These Terms of Use do not apply to the Adaware Software Products. The right to use the Adaware Software Products is granted subject to the applicable end user license agreement for the various Adaware Software Products.
Use Terms for the Adaware Site, the Adaware Site Services, the Information and the Content. The Adaware Site, the Adaware Site Services, the Information and the Content are subject to these Terms of Use and any specific terms and conditions and/or terms of use which may be applicable to certain of the Adaware Site Services, the Information and/or the Content (the "Specific Terms and Conditions"). In case of any conflict of any provisions of the Specific Terms and Conditions and any provisions of these Terms of Use, the Specific Terms and Conditions shall prevail over these Terms of Use.
Use Terms for the Adaware Referral Program. A user can refer an unlimited amount of friends but can only claim one 1 year Adaware Pro license. Once 5 of the referred friends have successfully installed the free version of Adaware, a 1 year Adaware Pro license key will be emailed to you. The referral program cannot be used towards renewal of license(s) or exchanged for a cash value.
Subject to these Terms of Use and/or subject to any Specific Terms and Conditions, you are entitled to:
- use and view the Adaware Site and the Adaware Site Services, the Information and the Content for your personal, non–commercial use only; and
- reproduce any Information and Content that is made available for download on the Adaware Site and/or through the Adaware Site Services for your personal, non–commercial use only provided, however, that you do not: (a) modify such Information and/or Content; and (b) remove or modify any copyright notice or trademarks.
The limited rights granted above are the sole rights granted to you hereunder in relation to the Adaware Site, The Adaware Site Services, the Information and the Content and unless expressly permitted hereunder or in any specific Terms and Conditions you may not modify, adapt, create derivative work of, distribute, license, sell, transmit, display, perform, publish or otherwise make available any Information and/or Content that is available on the Adaware Site and/or through any Adaware Service.
Unlawful and Prohibited Use. You may not use the Adaware Site, the Adaware Site Services, the Information or the Content for any purpose that is prohibited by law and/or by these Terms of Use. Without limiting the generality of the foregoing you may not:
- Upload, post or otherwise submit or make available any unsolicited or unauthorized advertising, promotion or marketing materials, "junk mail", "spam", "chain letters" or any other form of unsolicited or unauthorized messages;
- Upload, post or otherwise submit or make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Upload, post or otherwise submit or make available any content or information, including but not limited to images, photographs, texts, graphics, specifications, software or any other materials that infringe any third party's trademarks, copyrights, patents, design rights, trade secrets or any other intellectual property right or proprietary right of any kind;
- Upload, post or otherwise submit or make available any information or content that you are not entitled to upload, post, or otherwise submit or make available (including but not limited to information or content obtained in the course of an employment or under a duty of confidentiality);
- Upload, post or otherwise submit or make available any information or content that contain software viruses, trojan horses, worms or any other malicious software program designed to interrupt, destroy, interfere or limit the functionality of any software or hardware;
- Use the Adaware Site or any of the Adaware Site Services in any manner that could damage, disable, overburden or impair any Adaware servers, networks or connections; or
- Attempt to gain unauthorized access to any Adaware Site Services, user accounts, computer systems or networks connected to any Adaware server through hacking, password mining or by any other means; or
- Otherwise use the Adaware Site, the Adaware Site Services, the Information and/or the Content in violation with any applicable laws and regulations.
Security and Privacy
Personal Information. Any use of personal information provided by you through the Adaware Site and/or the Adaware Site Services or otherwise in connection therewith are governed by the Adaware Privacy Policy.
User Accounts, Passwords and Security. In order to be able to use certain of the Adaware Site Services you may be required to register a user account and to provide Adaware with such information as required by the registration form. You are entirely responsible for maintaining the accuracy of the user account information and to ensure the confidentiality of your password. You may not provide any false personal information or create an account for anyone else than yourself and you acknowledge and agree that you are responsible for all activities that occur within your user account. Any unauthorized use of your user account shall be immediately reported to Adaware at: dpo@adaware.com.
User Submissions
User Submissions. Users of the Adaware Site and/or the Adaware Site Services may post or upload or otherwise submit or make available information, content and opinions including but not limited to feedback, blog postings, descriptions, translations, links, texts, graphics, designs, software, code, data, video and audio ("User Submissions").
License. Adaware does not claim ownership of any User Submission that you post or upload on the Adaware Site and/or through the Adaware Site Services or otherwise submit or make available to Adaware. However, by posting, uploading or otherwise submitting or making available any User Submission you grant Adaware, its cooperation partners and any and all users of the Adaware Sites a non–exclusive, worldwide, perpetual, irrevocable and royalty–free right to use, reproduce, modify, adapt, create derivative works of, transmit, display, perform, translate, distribute, resell, publish and integrate with other works such User Submission, or any part thereof, by any means, in any format or any current or future medium for any purposes whatsoever.
No Endorsement. Adaware has no obligation whatsoever to post, upload or otherwise make available any User Submission and Adaware does not endorse in any way any User Submissions. Adaware does not permit any infringing or other unlawful activities on the Adaware Site and reserves the right to remove, without prior notice, any User Submissions, or parts thereof, if Adaware in its sole discretion deems that such User Submission may: (I) infringe any third party's copyright, patents, design rights, trademarks, trade secrets or any other intellectual property right or proprietary rights of any nature; and (II) be considered as, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful or racially or ethically objectionable, or otherwise not in accordance with Adaware's business ethics. Adaware expressly disclaims any liability in connection with User Submissions and any and all parts thereof and in no event will Adaware be liable for loss or damage of any kind incurred by you due to your use of or reliance on any User Submission.
Warranties and Indemnity. By posting, uploading or submitting any User Submissions you warrant and represent that: (I) you have sufficient rights in any and all User Submissions posted, uploaded, submitted or otherwise made available by you to grant the rights contemplated by these Terms of Use; (II) to the best of your knowledge, your User Submission(s) does not violate any laws or regulations; and (III) to the best of your knowledge, your User Submission(s) does not infringe any third party's copyright, patent, trademark, design right or any other intellectual property rights or proprietary rights of any kind. You acknowledge and agree that you shall indemnify and hold Adaware harmless from any liabilities, damages, cost and expenses suffered by Adaware due to any and all third party claims arising as a result of any breach by you of the above warranties.
Third Party Content, Promotions and Sites
Third Party Content and Services on the Adaware Site. The Adaware Site and/or the Adaware Site Services may contain user or third party content, information, opinions and services, including but not limited to User Submissions. Such third party content, information and opinions and third party services are not endorsed in any way by Adaware and are provided solely as a convenience to Adaware's users. In no event will Adaware be liable for loss or damage of any kind incurred by you due to your use of or reliance on any third party content, information and opinions that are posted, uploaded or otherwise made available on the Adaware Site and/or through the Adaware Site Services or for your use of any third party services made available through the Adaware Site and /or the Adaware Site Services.
Partner Promotions. Adaware runs advertisements and promotions from third parties on the Adaware Site. Your business dealings with any such third parties, including without limitation payment and delivery of products and services, are between you and such third party only. In no event will Adaware be liable for loss or damage of any kind incurred by you due to your business dealings with any third parties.
Links to Third Party Sites. The Adaware Site contains links to third party web sites. The third party web sites that the Adaware Site links to are not under Adaware's control and Adaware has no responsibility for and does not endorse in any way any information, advertising, content, products or services of these third party web sites. In no event will Adaware be liable for loss or damage of any kind incurred by you due to your use of or reliance on any information, advertisements, content, products or services available on or through any such third party web sites.
Disclaimers, Limitation of Liability and Notices
disclaimer. to the maximum extent permitted by applicable mandatory law, the Adaware site, the Adaware site services and any and all information and content are delivered on an “as is” and “as available” basis and Adaware disclaims all warranties, express or implied, including any warranties of accuracy, non–infringement, merchantability and fitness for a particular purpose. without limiting the generality of the foregoing Adaware does not represent or warrant that: (I) the Adaware site, the Adaware site services, the information or the content will be error–free or uninterrupted or that defects will be corrected; (II) any information and/or content that you download from the Adaware site or receive through the Adaware site services is accurate or complete; or (III) the Adaware sites, the Adaware site services, the content and the information is free from viruses and other malicious code.
you acknowledge and agree that the Adaware site, the Adaware site services and any and all information and/or content that you download or otherwise obtain through the Adaware site and/or the Adaware site services are used at your own discretion and at your own risk and that you will be solely responsible for any damage to your computer or other device or loss of data that results from the use of the Adaware site, the Adaware site services, the information and the content.
if you are dissatisfied with the Adaware sites, the Adaware site services, the information and/or the content your sole remedy will be to stop using the Adaware sites, the Adaware site services, the information and/or the content.
limitation of liability. to the maximum extent permitted by applicable mandatory law, Adaware shall not be liable to you or any third party for incidental, indirect, special, exemplary or consequential damages, nor for loss of use, loss or corruption of data, loss of production, lost profits, savings or revenues of any kind (whether direct, indirect or consequential) nor for damage to property, no matter what theory of liability even if Adaware has been advised of the possibility of such damages. if you are subject to a jurisdiction in which the above limitation of liability or any part thereof is not valid, you agree to be bound by the same to the maximum extent permitted by such law or regulation.
Changes and Updates. Adaware reserves the right to, at any time and in its sole discretion, modify these Terms of Use, discontinue any Adaware Site Service and/or remove any Information or Content. It is your responsibility to check these Terms of Use periodically for modifications and your continued use of the Adaware Site, the Adaware Site Services, the Information and/or the Content following such modifications to the Terms of Use will mean that you have accepted the modifications to the Terms of Use.
Violation of the Terms of Use. You acknowledge and agree that Adaware may, in its sole discretion and without prior notice to you, terminate your access to the Adaware Site and/or your user account of a Adaware Service if Adaware determines in its reasonable opinion that you are in breach of these Terms of Use and/or any Specific Terms and Conditions.
Indemnity. You agree to indemnify and hold Adaware and its subsidiaries, affiliates, shareholders, officers, directors, employees, agents, licensors, suppliers and co–operation partners harmless from any losses, liabilities, costs and expense (including reasonable attorney's fees and expenses) arising out of any claims by any third party due to or arising out of or in connection with your use of the Adaware Site, the Adaware Site Services, the Information and/or Content and/or any User Submissions made by you.
Ownership
Intellectual Property Rights. Adaware, its licensors and cooperation partners own all rights, title and interest to the Adaware Site, the Adaware Site Services, the Adaware Software Products, the Information and the Content including any and all copyrights, trademarks (including but not limited to word marks, figure marks, logos, domain names and other distinctive brand features), patents, design rights and any all other intellectual property rights and proprietary rights therein. Any and all intellectual property rights in relation to the Adaware Site, the Adaware Software Products, the Adaware Site Services, the Information and the Content are protected by international intellectual property right laws and treaties. Your use of the Adaware Site, the Adaware Site Services, the Information and Content must be made in strict compliance with these Terms of Use and/or any Specific Terms of Use.
Claims for copyright infringement. Adaware is committed to respecting others' intellectual property rights and we ask our users to do the same. If you believe that the use of your work on the Adaware Site infringes your copyright please contact our copyright agent in accordance with the Notice of Copyright Infringement.
Miscellaneous
Severability, No Waiver and No Third Party Beneficiaries. If any provision herein is held by a court or any other tribunal of competent jurisdiction to be void or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect. Adaware's failure to enforce these Terms of Use, or any provision herein, shall not be construed as a waiver by Adaware. These Terms of Use shall not be construed to confer any rights or remedies on any third parties.
Governing Law and Dispute Resolution. To the extent permitted by applicable mandatory law, these Terms of Use shall be governed by the laws of Malta, excluding its conflict of law principles and any and all disputes arising out of these Terms of Use shall be subject to the sole and exclusive jurisdiction of the courts of Malta.
Contact details. If you have any questions about these Terms of Use, the Adaware Site, the Adaware Site Services, the Adaware Software Products or any Information or Content, don't hesitate to contact us.
Last updated: August 2018.