IMPORTANT — READ CAREFULLY: These Terms and Conditions for RealDefense, LLC Products and Services ("Agreement") is a legal agreement between you (either an individual or an entity) and RealDefense, LLC and its suppliers and licensors for the RealDefense, LLC products ("Products") and services ("Services"). You may only receive the Services or Products if; 1) You are a customer who purchased a Product license 2) A support services customer or, 3) If you are in the Product trial period. By clicking on the "BUY NOW->>" button or the "DOWNLOAD TRIAL->>" button on the Product purchase page, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "BUY NOW->>" or "DOWNLOAD TRIAL->>" BUTTON AND DO NOT PURCHASE THE PRODUCT. YOU AGREE THAT YOUR USE OF THE PRODUCT ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOUR USE OF THE RealDefense SOFTWARE WILL BE GOVERNED BY THE RealDefense, LLC END USER LICENSE AGREEMENT ("EULA") ACCOMPANYING THE SOFTWARE, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE RealDefense PRODUCT FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON DURING THE INSTALLATION PROCESS, OR OTHERWISE USING OR ACCEPTING THE PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
PAYMENT & SERVICES.
Yearly Subscriptions Product: STOPzilla AntiVirus and STOPzilla AntiMalware
Following the expiration of a trial period that may be provided to you at the sole discretion of RealDefense, LLC, you agree to pay RealDefense for a yearly service charge for your use of the Product using a valid payment method, plus any applicable taxes. The charge will be in accordance with the billing terms and prices in effect at the time. The fee becomes payable at the expiration of the trial period. If you agree to automatic renewals you authorize RealDefense, LLC to automatically bill the credit, charge or debit card you provide each year, until you cancel the subscription. RealDefense may receive updated information about your account from the financial institution issuing your credit, charge or debit card. Payments are billed in advance at the beginning of the applicable year. All payments are completely refundable within 30 days of the initial subscription date and 60 days of any renewal date. You agree to provide RealDefense, LLC with a valid payment method and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of the subscription.
You agree to notify RealDefense, LLC about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to RealDefense′s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
During your subscription period, you will be entitled to receive: (1) The software Product; (2) Any generally available RealDefense, LLC upgrades released during your subscription period; and (3) RealDefense support services as described below under "Description of Services". UNDER NO CIRCUMSTANCES WILL RealDefense, LLC BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, AVAILABILITY OF THE SERVICE, ANY SUBJECT MATTER RELATED TO THE PRODUCT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS PROVIDED AS PART OF THE SERVICE.
Lifetime Subscriptions Product: STOPzilla 5.0 and, STOPzilla AntiVirus and STOPzilla AntiMalware
If you purchased an LTU (Life Time Upgrades) or LTS (Life Time Subscription). you are entitled to receive free product upgrades and technical support for the life of the product or as long as the product exists, without incurring additional charges.
During your subscription period, you will be entitled to receive: (1) The software Product; (2) Any generally available RealDefense, LLC upgrades released during your subscription period; and (3) RealDefense support services as described under "Description of Services" below. Lifetime licenses for any RealDefense, LLC product are for the life of the specific product purchased. The Lifetime license may expire if RealDefense, LLC no longer supports that Product, whichever is greater. If the lifetime expires, you will no longer receive virus updates for the Product and consequently may not be fully protected. Lifetime licenses for STOPzilla 5.0 are not transferable to STOPzilla AntiVirus as these are 2 distinct and separate products with different purposes and technology. STOPzilla 5.0/STOPzilla AntiMalware 6.0 are AntiMalware products and STOPzilla AntiVirus is an AntiVirus with AntiMalware product. You authorize RealDefense, LLC to automatically notify you of new versions available for the software Product via email or other means. UNDER NO CIRCUMSTANCES WILL RealDefense, LLC BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, AVAILABILITY OF THE SERVICE, ANY SUBJECT MATTER RELATED TO THE PRODUCT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS PROVIDED AS PART OF THE SERVICE.
STOPzilla Optimizer Subscription
Following the expiration of a trial period that may be provided to you at the sole discretion of RealDefense, LLC, you agree to pay RealDefense, LLC for a yearly service charge for your use of the Product using a valid payment method, plus any applicable taxes, The charge will be in accordance with the billing terms and prices in effect at the time. The fee becomes payable at the expiration of the trial period. If you agree to automatic renewals you authorize RealDefense, LLC to automatically bill the credit, charge or debit card you provide each year, until you cancel the subscription. RealDefense, LLC may receive updated information about your account from the financial institution issuing your credit, charge or debit card. Payments are billed in advance at the beginning of the applicable year. All payments are completely refundable within 30 days of initial subscription date and 60 days of any renewal date. You agree to provide RealDefense, LLC with a valid payment method and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate termination of the subscription. You authorize RealDefense, LLC to automatically notify you of new versions available for the software Product via email or other means.
You agree to notify RealDefense, LLC about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to RealDefense, LLC′s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
For your license software, you will be entitled to receive: (1) the software Product; (2) any generally available RealDefense, LLC upgrades released for your version; and (3) RealDefense, LLC support services as described under "Description of Services" below. UNDER NO CIRCUMSTANCES WILL REALDEFENSE, LLC BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO FROM REALDEFENSE, LLC, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY SUBJECT MATTER RELATED TO THE PRODUCT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS PROVIDED BY REALDEFENSE, LLC.
DESCRIPTION OF SERVICES
Support services include; any technical help associated with the subscribed Product(s), installation assistance and any updates.
YOUR RIGHT TO CANCEL RealDefense, LLC SERVICES.
RealDefense, LLC's RIGHT TO TERMINATE OR MODIFY SERVICES.
RealDefense, LLC may modify the terms of this Agreement or the Products, including but not limited to the price, content or nature of the software Products, upon notice to you. In the event RealDefense, LLC modifies the Agreement or the Product, you may terminate the subscription. RealDefense, LLC may terminate this Agreement and any Products at any time upon notice to you, provided that you will be entitled to receive the Product for any period for which you have already paid, or a pro-rated refund at RealDefense, LLC's sole discretion if within 30 days (or 90 days in the case of renewals). RealDefense, LLC may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from RealDefense, LLC to effect such termination. Upon any termination of this Agreement (whether by you or RealDefense, LLC), RealDefense, LLC will terminate the Product updates.
SERVICE USE RESTRICTIONS:
- You agree that you shall only use the software Products or Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Products or Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) modify, translate, distribute or create derivative works of the Products or Services; (ii) copy or redistribute the Software; (iii) rent, lease, transfer, or otherwise transfer rights to the Products or Services; (v) remove any proprietary notices or labels on the Products or Services; (vi) reverse engineer the Products; or (vii) add to, alter, delete from, or otherwise modify the Products.
- You may only use the Products or Services for your private, non-commercial use. All Contentsis protected by the U.S. copyright laws and related laws of other jurisdictions, and are provided for your own personal use only. You may not, under any circumstances, distribute Content to third parties. You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, the Products.
- You understand that the Products or Services may suppress applications, or components of applications ("Applications"), from running on your computer. This may include Applications which you may have agreed to use within certain limitations. You agree that it is your responsibility to honor and respect all agreements and their terms for all Applications installed in your computer prior to or after installing the Products, and you further agree that RealDefense, LLC shall not be liable to you, in any way, should the Products suppress such Applications.
- In addition to any other remedies available in equity or law to RealDefense, LLC, failure to comply with any of the terms and conditions in this Section 4, Service Use Restrictions, shall immediately terminate your license to the Products or Services.
PERSONAL INFORMATION AND PRIVACY.
RealDefense, LLC uses this information to:
- Verify access rights to services or software and automated updates.
- To provide you with information about Products, services, news and events.
- To allow you to purchase and download Products and services.
- To provide you with promotions and special offers we feel you may be interested in based on content preferences and other information you provide to us.
- For license reporting, billing, royalty payments and assessment of service levels.
- To better understand on an aggregated basis how our Products and/or web sites are used.
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify RealDefense immediately of any unauthorized account use. RealDefense, LLC is not responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
E-MAIL & TELEPHONE NOTIFICATION.
To let you know what new Services are available, from time to time, RealDefense, LLC will send you e-mail or contact you by telephone describing the latest upgrades or promotions and how to get access to them. You agree that as a subscriber, RealDefense may contact you via the e-mail address or telephone number you provide. Because this e-mail or this telephone communication may be necessary, you will receive a transactional email (a receipt, license key, invoice or other important informational messages) or a telephone call of the same nature even if you have opted out of receiving promotional e-mails or telephone calls from RealDefense. You may always opt out in the case of promotional e-mails and calls by clicking on the link at the footer of the e-mail or requesting the same by contacting customer service.
Title, ownership, rights, and intellectual property rights in and to the Products or Services shall remain in RealDefense, LLC and/or its suppliers. The Products or Services are protected by the copyright laws of the United States and other countries, and by international copyright treaties. Title, ownership rights and intellectual property rights in and to the Products accessed through the Services shall be retained by the applicable Content owner and may be protected by applicable copyright or other laws.
DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALDEFENSE LLC FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES OR CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALDEFENSE LLC OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, OR THE CONTENT EVEN IF ISSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ISSS RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE CANCELLATION OF THE REALDEFENSE LLC SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $1.00 OR THE AMOUNT YOU PAID. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REALDEFENSE LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH REALDEFENSE LLC.
This Agreement may not be assigned without RealDefense′s express written consent.
Arbitration & Jurisdiction. You and RealDefense, LLC agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Services, or your use of the Services (including the arbitration of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or RealDefense, LLC toward the other, shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Florida. You and RealDefense, LLC also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and RealDefense, LLC may litigate in court only to compel arbitration under this License Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate RealDefense, LLC′s intellectual property rights, or may cause continuing or irreparable harm to RealDefense, LLC (including, but not limited to, any breach that may impact RealDefense, LLC′s intellectual property rights, or a breach by reverse engineering), RealDefense may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and RealDefense, LLC must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.). To the fullest extent permitted by applicable law: no arbitration under this License Agreement shall be joined to an arbitration involving any other current or former licensee of RealDefense, LLC, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and RealDefense); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and RealDefense, LLC). This Agreement shall be governed by the laws of the State of Florida and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Florida.
Windows XP System Requirements. While it is true that you may keep using your PC with Windows XP after support ends, we do not recommend it. For starters, it will become five times more vulnerable to security risks and viruses, which means you could get hacked and have your personal information stolen. Also, companies that make devices like digital cameras, Internet-ready TVs, and printers will not provide drivers that work with Windows XP. Therefore, if you get new devices, they will not work with your current PC. Over time, the security and performance of your PC will continue to degrade. We at RealDefense, do not recommend installing STOPzilla on any Windows XP computer.
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by RealDefense, LLC or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of RealDefense, LLC. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
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