UPERAntiSpyware License Terms

These license terms are an agreement between SDC Software, Inc. (“Support.com”) and you. Please read them. These terms apply to the SUPERAntiSpyware software (“SUPERAntiSpyware”), including the media on which you received it, if any. These terms also apply to any updates (including definitions updates), supplements, and customer service for SUPERAntiSpyware, unless other terms accompany those items. If so, those terms apply.

By selecting “I Agree” or using SUPERAntiSpyware, you accept these terms. If you do not accept them, do not select “I Agree” and/or do not use SUPERAntiSpyware.

1. Use Rights. SUPERAntiSpyware is licensed on a per computer basis. If you comply with this agreement, for each license you acquire, you may install and use one copy of SUPERAntiSpyware.  If a greater number of copies and/or number of computers is specified during purchase, you may use SUPERAntiSpyware for the specified number of computers. You may not share a license you acquire nor may you install SUPERAntiSpyware on more computers for which you have purchased licenses.

(a) Professional Version. If you acquire a license for the professional version of SUPERAntiSpyware, for the period which you purchased a license for SUPERAntiSpyware (the “Term”), it will contain full functionality and you will be provided updates (when available) and customer service in the English language. After the expiration of the Term, you will no longer have the right to use SUPERAntiSpyware and will not be entitled to customer service or to updates for SUPERAntiSpyware, unless you acquire another full retail license.  If no Term is specified at the time of purchase, the default Term is one (1) year from the date of purchase.

(b) Evaluation Or Trial Version. If SUPERAntiSpyware is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Support.com upon your acquisition of a license for the professional version of SUPERAntiSpyware. If SUPERAntiSpyware is an evaluation or trial version, you agree that Support.com may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.

(c) Free and Portable Scanner Version.  The Free and Portable Scanner versions of SUPERAntiSpyware are for personal use only.  If you are a computer technician, IT person or would like to run the SUPERAntiSpyware Free or Portable Scanner versions in your corporate environment, please contact us for licensing details.

2. Privacy. Information collected by SUPERAntiSpyware will be handled in accordance with Support.com’s privacy policy.  You should refer to Support.com’s privacy policy, available at www.Support.com, prior to agreeing to these terms for a more detailed explanation of how your information may be stored and used by Support.com and third-party service providers.  From time to time, SUPERAntiSpyware may collect certain information from the computer on which it is installed, which may include: 

- If you elect to submit diagnostic reports to SUPERAntiSpyware, SUPERAntiSpyware will collect information about programs running on your computer so we can identify potentially harmful programs that may be running on your computer and improve definitions for all SUPERAntiSpyware users.  Information collected includes a list of programs running on your computer, MD5 hash values and version number information for these programs, information about when the program runs, and the program file path.  If the program is not already in our database, the file is also sent to us.  Collected files or the program file path could contain personally identifiable information.  This information is collected for the purpose of identifying potentially harmful programs. 

- If you submit a false positive sample for our review, the file is sent to us so we can identify if it is a potentially harmful program.  SUPERAntiSpyware also sends information about when the program runs and the program file path.  Collected files or the program file path could contain personally identifiable information. This information is collected to determine whether the submitted sample is being falsely detected as malware by SUPERAntiSpyware.   

3. No Performance Warranty. Support.com specifically disclaims any representation or warranty that SUPERAntiSpyware will meet your requirements or that the operation of SUPERAntiSpyware will be uninterrupted or that SUPERAntiSpyware will be error-free.

4. Your Feedback. If you give feedback about SUPERAntiSpyware to Support.com, you give to Support.com, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Support.com to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

5. Scope of License. SUPERAntiSpyware is licensed, not sold. SUPERAntiSpyware is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use SUPERAntiSpyware. Support.com reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use SUPERAntiSpyware only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in SUPERAntiSpyware that only allow you to use it in certain ways. You may not:

·  work around the technical limitations in SUPERAntiSpyware;

·  reverse engineer, decompile or disassemble SUPERAntiSpyware, except and only to the extent that applicable law expressly permits, despite this limitation;

·  install on more computers or make more copies of SUPERAntiSpyware than specified in this agreement or allowed by applicable law, despite this limitation;

·  publish SUPERAntiSpyware for others to copy;

·  distribute SUPERAntiSpyware to any third party;

·  rent, lease or lend SUPERAntiSpyware; or

·  transfer SUPERAntiSpyware or this agreement to any third party.

6. Customer Service. Support.com may provide you with customer service related to SUPERAntiSpyware. Additional terms may govern customer service. Any supplemental software code provided to you as part of customer service or otherwise will be considered part of SUPERAntiSpyware and subject to this agreement. Support.com will provide customer service during its normal business hours. Support.com has contracted or may in the future contract with third parties to provide customer service for SUPERAntiSpyware.

7. U.S. Government Restricted Rights. SUPERAntiSpyware and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of SUPERAntiSpyware by the U.S. Government shall be solely in accordance with the terms of this agreement.

8. Export Restrictions. SUPERAntiSpyware is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to SUPERAntiSpyware. These laws include restrictions on destinations, end users and end use. You agree not to export SUPERAntiSpyware to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.

9. DISCLAIMER OF WARRANTIES. SUPERANTISPYWARE IS LICENSED “AS-IS” AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY AND/OR LOSS OF DATA. YOU BEAR THE RISK OF USING SUPERANTISPYWARE. SUPPORT.COM GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, SUPPORT.COM EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUPERANTISPYWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND SUPPORT.COM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

10. Limitation on and Exclusion of Damages. Support.com’s liability under this agreement is limited. You can recover from Support.com and its third-party suppliers only direct damages up to the greater of the amount that you paid for SUPERAntiSpyware. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to SUPERAntiSpyware, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Support.com knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.

11. Legal Effect. This agreement describes certain legal rights between you and Support.com. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired SUPERAntiSpyware. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

12. Applicable Law. California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state and federal courts located in San Mateo County, California USA.

13. Entire Agreement; Severability. This agreement and any amendments to it, and the terms for supplements, updates, and customer service are the entire agreement for SUPERAntiSpyware and customer service. This agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.

A list of third party components used in SUPERAntiSpyware can be found at www.support.com/thirdparty