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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”).
** 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.
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:
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.
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.
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.
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.
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.
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).
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.
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.
You may not assign your rights under this EULA without our express written permission.
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