WEBROOT MOBILE SOFTWARE LICENSE AGREEMENT
THIS AGREEMENT (“AGREEMENT”) IS A LEGAL CONTRACT BETWEEN YOU (“YOU”) AND WEBROOT SOFTWARE, INC. (IF YOU ARE IN NORTH AMERICA) OR WEBROOT INTERNATIONAL LIMITED (IF YOU ARE OUTSIDE NORTH AMERICA) (“WEBROOT”). BY CLICKING “ACCEPT” OR INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, PLEASE CLICK “REFUSE” AND UNINSTALL THE SOFTWARE. WEBROOT MAY MODIFY THIS AGREEMENT UPON NOTICE TO YOU. BY AGREEING TO THE MODIFIED AGREEMENT OR USING THE SOFTWARE AFTER NOTICE, YOU AGREE TO ALL OF THE MODIFICATIONS.
1. DEFINITIONS. “Device” means Your mobile device running the Android operating system. “Software” means (i) the machine-readable Webroot software made available for use on the Device, (ii) any Upgrades, (iii) accompanying features and services and (iv) the relevant Webroot documentation (“Documentation”).
2. LICENSE. Webroot grants You a non-exclusive license to install and use the Software on one Device, solely for Your own personal use, subject to, and in accordance with, this Agreement and the Documentation.
3. RESTRICTIONS. You will not: (i) reproduce, modify, create derivative works of, distribute, sublicense, or transfer the Software, (ii) use the Software for the benefit of any third party, (iii) circumvent mechanisms in the Software intended to limit Your use or (iv) reverse engineer, disassemble, decompile, or translate the Software, or attempt to derive the source code of the Software, except as permitted by law.
4. VERSIONS OF THE SOFTWARE. Webroot may offer multiple versions of the Software, including:
a. A free version with limited features (“Free Version”).
b. Paid premium versions with additional features (each, a “Paid Version”). Fees are as specified when You place your order (e.g., at retail or via the Android Market). Each initial subscription is 1 year, with optional renewal. All fees are nonrefundable, unless otherwise specified in the terms provided when You make Your order.
c. A trial Paid Version (“Trial Version”) licensed for a limited term for evaluation use only.
If Your Paid Version subscription or Trial Version trial expires, the Software will revert to the Free Version. Free Versions and Trial Versions may not be complete or fully functional.
5. SUPPORT. Paid Versions/Trial Versions: Webroot will provide email, live chat, telephone and online self-help and forum support during your subscription or the trial term (as applicable). Free Versions: Webroot will provide online self-help and forum support. All support is governed by Webroot’s then-current support terms.
6. UPDATES/UPGRADES. Any Software updates or upgrades You purchase or that are otherwise made available to You (“Upgrades”) will be subject to this Agreement or other terms provided with the Upgrade.
7. OWNERSHIP. Each copy of the Software is licensed, not sold. Webroot and its licensors have and retain all right, title and interest in the Software (including all intellectual property rights).
9. DATA SERVICES AND SMS FUNCTIONALITY. The Software requires that Your Device has an active data connection in order to operate. Some features (e.g., lost device features, call/SMS blocking, and portal side parental controls) also require SMS functionality.
10. SOFTWARE CHANGES. Webroot may at any time without notice (a) discontinue or modify any characteristics of the Software and (b) cease providing services for Free Versions or Trial Versions.
11. DELETION, QUARANTINE AND DISABLING FEATURES. The Software has (or may be upgraded to include) features that allow You to:
a. erase or “wipe” all of Your Device’s applications, photos, music, contacts and other content, and/or to restore the Device to initial factory settings so that no content can be recovered.
b. automatically block and/or quarantine installation of software that You may not want on Your Device (“Potentially Unwanted Software”). This may block/quarantine software that is not Potentially Unwanted Software, disable other software on the Device or result in breaching licenses to such software; or
c. disable some or all of Your Device. Re-enabling the Device requires use of a password that Your mobile carrier and the Device manufacture will not possess. Webroot may provide recovery services.
YOU ACKNOWLEDGE THE RISKS POSED BY THESE FEATURES. IF YOU DO NOT WANT TO ASSUME SUCH RISKS, DO NOT USE THE SOFTWARE. WEBROOT IS NOT LIABLE FOR ANY LOSS OF DATA, LOSS OF ACCESS OR OTHER PROBLEMS OR LOSSES ARISING FROM USE OR MISUSE OF THE SOFTWARE.
12. TERMINATION. Webroot may terminate this Agreement immediately (i) if You breach this Agreement or (ii) any aspect of this Agreement is limited by law or third party terms of service. The following will survive termination: outstanding fee obligations, Sections 3 (Restrictions), 7 (Ownership), 11 (Deletion, Quarantine, and Disabling Features), 12 (Termination), 13 (Disclaimers), 14 (Limitation of Remedies), 15 (Information Collected), 16 (WARN), 17 (Government End Users), 18 (Export), 19 (Governing Law), and 20 (General).
13. DISCLAIMERS. THE SOFTWARE IS PROVIDED “AS IS” AND WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THERE IS NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED , OR THAT ANY LOCATION INFORMATION (DEFINED BELOW) WILL BE ACCURATE, COMPLETE, OR TIMELY
14. LIMITATION OF REMEDIES. IN NO EVENT WILL WEBROOT, ITS DISTRIBUTORS, OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (I) ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR (II) AMOUNTS EXCEEDING ONE HUNDRED DOLLARS (US$100). SECTION 14 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NO ANTI-MALWARE, SECURITY, OR DEVICE LOCATION SOFTWARE CAN GUARANTEE A 100% DETECTION OR SUCCESS RATE, AND WEBROOT IS NOT LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM ANY FAILURE OF THE SOFTWARE.
15. INFORMATION COLLECTED. The Software may collect information about the following: (i) potential security risks and URLs of websites that the Software deems potentially fraudulent or malicious; (ii) Your Device’s IP address and approximate geographic location (“Location Information”) and (iii) Your Device’s carrier, operating system and type, and Your usage of the Software, e.g., features used and session length (“System Information”). Certain features allow reporting of Location Information via SMS. Webroot does not otherwise use System Information or Location Information to identify or contact You, but may use it to provide the Software and related services, improve its products and services and develop aggregate statistics. You consent to such uses and grant Webroot an unrestricted, royalty-free, perpetual license to use and modify such information for such purposes.
16. WARN. If specified in the features description or the Documentation, the Software includes Webroot Automated Research Network (“WARN”) functionality. WARN is a network through which Webroot users provide Webroot samples of Potentially Unwanted Software from their Devices to help identify and fight threats. IF YOU DO NOT WANT TO PARTICIPATE IN WARN, YOU MUST AFFIRMATIVELY OPT OUT THROUGH THE MEANS MADE AVAILABLE THROUGH THE SOFTWARE. Unless you opt out, the Software will gather information during sweeps and shielding activities – including spyware, viruses, and unclassified potential threats – as well as other information about your Device (“WARN Information”) and send it to Webroot. WARN Information may include, without limitation, information about: Your Device’s operating system; the contents of Your default folder, custom folders, and/or downloaded program files directory; registry keys; language; location; Software report log(s); running processes; temporary Internet files, Internet search history; and applications using ports. BY PARTICIPATING IN WARN, YOU CONSENT TO THE TRANSMISSION OF SUCH INFORMATION TO WEBROOT. Webroot does not use such information to identify or contact You, but may use such information to improve its products and services and develop aggregate statistics. You consent to such uses and grant Webroot an unrestricted, royalty-free, perpetual license to use and modify the information described above for such purposes. Webroot does not intend to gather confidential or user-identifiable data, but it is possible such data may be transmitted to Webroot, and you consent to such transmission.
17. GOVERNMENT END USERS. The Software is a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
18. EXPORT. The Software is subject to U.S. export control laws and regulations, and may be subject to foreign export or import laws or regulations. You agree to comply strictly with all such laws and regulations and not to use or transfer the Software for any use relating to nuclear, chemical, or biological weapons, or missile technology. You will indemnify and hold harmless Webroot and its licensors from all claims, damages, losses, and expenses (including attorneys’ fees) arising from breach of this Section.
19. GOVERNING LAW. For any action relating to this Agreement, You agree to the following governing law (without regard to conflicts of laws principles) and exclusive jurisdiction and venue, according to Your location. North America: State of Colorado governing law, and jurisdiction and venue in the courts of Denver, Colorado. Outside North America: Republic of Ireland governing law, jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
20. GENERAL. If any provision of this Agreement is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. Webroot may send You notices relating to this Agreement by email. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. You may not assign or transfer this Agreement or any rights hereunder. Attempted assignment or transfer in violation of the foregoing will be void. Webroot may freely assign or transfer its rights or obligations hereunder. No provision of this Agreement will be deemed waived unless the wavier is in writing and signed by Webroot. This Agreement is the complete and exclusive statement of the mutual understanding between You and Webroot and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.