End User License Agreement (EULA)

Last Updates: August 23, 2018

The terms and conditions of this license agreement (“EULA” or “Agreement”) apply to Airo AV and Mac Protection suite, including application, browser extension and website (available at: www.airoav.com, the “Site” and jointly, the “Software”). The Software license and related services are provided to you and operated by Jarvis Security Ltd. (“we” or “us”).

By clicking the “I agree” or “yes” button, or by otherwise purchasing, downloading and/or installing the Software, you accept the terms and condition of this Agreement, including our privacy policy (available at: https://www.airoav.com/privacy-policy/]) that constitutes an integral part of this Agreement. By doing so you also understand and agree that this Agreement becomes a legal and enforceable contract between us and you individually, if you are a consumer or between us and your business entity on which behalf you use the Software. If you do not agree to this Agreement, then click “cancel”, “no” or “close window” button, or any other declining method available to you.

** BETA STAGES NOTIFICATION: you acknowledge and agree that the Software you are about to download, and install is a software in a beta testing stage, and therefore is subject to periodical updates and modifications. We will notify you for any material update or change, however, you are aware to the implication of using an early version of the Software.

1. Definitions

To help you better understand the terms and conditions of this Agreement, you can find here the definitions of some terms that are commonly used in this Agreement:

1. Documentation – means written materials, in printed or electronic form, describing the features of the Software and/or Updates and Upgrades and that are designed to assist you in effectively using the Software.
2. Fee – means the price or the License fee to be paid for the license to use the Software.
3. License Key – means a series of numbers and/or letters that will be issued to you by us, upon purchasing of the Software, and will enable to use of the Software.
4. Software – means the computer programs offered to you as part of this Agreement for download and installation, and unless specified otherwise, including any and all features, widgets, designs, Updates and Upgrades that may be available to you from time to time.
5. Trial Software – means a License to use the Software for trial and testing purposes for a limited period of time free of charge by you.
6. Updates and Upgrades – mean the updates and/or upgrades of the Software or specific features that may become available, removed or changed from time to time.

2. License Grant

1. Subject to your full acceptance of and compliance with the terms and conditions of this Agreement, we hereby grant to you, and you hereby accept, a personal, non-commercial, fully revocable, non-exclusive, non-transferable, non-sub-licensable, during the Term for which you purchased the Software (and in case of a trial version, solely for the time period mentioned in the trial version), a license to access the Site and to download, install and use the Software solely on your personal computer and for your personal use (the “License” and/or, as applicable the “Trial License”). Use of the Software should be made only by using a dedicated License Key that will be issued for you upon purchasing of the Software.
2. Any right that is not explicitly granted under this License is explicitly reserved by us, including all actions or omissions that mentioned under “Restrictions on Use”.

3. Restrictions on Use

1. Without derogating from the generality of the above, you are explicitly prohibited from (either directly or indirectly, including by using 3^rd party):
   1. Copy (other than once for downloading purposes) sublicense, rent, loan, or lease the Software or any portion of which. If you wish to use the Software on another computer, you must delete the program from your current computer before installing it on the other computer;
   2. Modify, or create derivative works based upon the Software, in whole or in part.
   3. Remove any proprietary notices, serial numbers, labels, or copy protection features from the Software;
   4. Reproduce user handbooks and other documents pertaining to the Software, including the Documentation.
   5. Reverse-engineer or otherwise try to derive source code from the Software.
   6. Circumvent any technical protection measures in the Software.
   7. Use the Software in any way which violates or may be used to violate the any applicable law.
2. We reserve all rights to terminate or suspend the Agreement, the License and/or your access to the Software and/or act in any other legal way, if we have a reason to believe that you have violated the Agreement.

4. User Account

In order to use the Software (excluding the trial version of the Software), you may be required to subscribe by using your email address and additional details that will be required upon your subscription process. After you have successfully subscribed, you may use the Software, in accordance with the terms of the Agreement and to the extent detailed in the Documentation.

5. Privacy Policy

Please refer to our Privacy Policy (available at: https://www.airoav.com/privacy-policy/) for information on how we collect, use and process information about our users. By using the Software, you agree to the terms and conditions described in our privacy policy.

6. Ownership

Between you and us, we own and retain all rights, titles and interests in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. The Agreement does not transfer to you any right and/or title to or in the Software. You do not acquire any rights to the Software except as expressly specified in the Agreement. You agree that any comments, suggestions or any other feedback you provide us, relating to the Software may be used by us for any purpose, without restriction, for any purpose. You hereby waive any claim for any form of compensation for any contribution you may provide according to this section.

7. Third Party Services

The Software may use, embed or refer to third party features, technologies, content and other services. In cases where such services are being served to you directly by such third parties, their respective terms of service and privacy policies will be provided to you and will govern your use and engagement with such services.

8. Term and Termination

The term of this agreement will be the term for which you purchased the Software and listed in the License and Documentation (whether it is a Trial License or a License). The License may automatically be renewed, in cases where your payment is set to be automatically extended. This Agreement will be terminated or expired in cases where your License is no longer valid or, if you violated this Agreement (without derogating from any remedy available by law). Please be noted that some clauses in this Agreement will survive termination, including Ownership, Restrictions, Warranty Disclaimer, Limitation of Liability, Indemnification, Governing law and Jurisdiction and General Terms.

For information about cancellation and refunds please refer to our Cancellation and Refunds Policy.

9. Warranty Disclaimers

THE SOFTWARE IS PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SOFTWARE. WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE SOFTWARE.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SOFTWARE OR ANY SERVICE PROVIDED UNDER THE AGREEMENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CCPPMM HAS BEEN INFORMED OF THE POSSIBILITY OF

SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LOWER OF THE SUM YOU PAID TO USE THE SOFTWARE OR FIFTY DOLLARS ($50 USD).

11. Indemnification

You shall indemnify us and anyone on our behalf, including our directors, officers, employees, third party service providers and vendors from and against any and all liabilities, damages, claims, or proceedings arising out of your violating the Agreement.

12. Governing Law and Jurisdiction

Except as otherwise provided under specific sections under te Agreement, this Agreement shall be governed by and construed in accordance the laws of the state of San Diego, California without reference to or application of conflicts of laws principles and all actions under this Agreement shall be brought in the courts of San Diego, California and you consent to venue and exclusive jurisdiction in those courts.

13. General Terms

1. This Agreement, set forth all of your rights to use the Software and make up the entire agreement between the parties. The Agreement supersede any other communications, representations or advertising relating to the Software that is the subject of the Agreement.
2. No provision hereof shall be deemed waived unless there is a written waiver signed by an authorized our representative.
3. If any provision of the Agreement is held invalid, the remainder of it shall continue in full force and effect. To the extent that an otherwise invalid provision can be construed so as to be valid, that provision shall be so construed.
4. All rights not expressly set forth hereunder are reserved by us.
5. The descriptive headings in this EULA have been inserted for convenience and shall not limit or otherwise affect the construction or interpretation of this EULA.

You may not assign your rights under this EULA without our express written permission.

13. Feedback and Contact

If you wish to contact us regarding this Agreement or the Software, you may contact us by email, at: support@airoav.com, or via the contact us form that is available on the Site.