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SpyHunter End User License Agreement ("EULA")
EULA REVISION: 2017080801
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.
BY DOWNLOADING AND INSTALLING ALL
OR ANY PORTION OF THE SOFTWARE YOU AGREE TO AND ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, WHICH INCLUDE THE LIMITATIONS ON USE CONTAINED IN
SECTION 2; LIMITATIONS ON TRANSFER-ABILITY IN SECTION 6; THE LIMITED WARRANTY IN
SECTIONS 8 AND 9; THE DISCLAIMER OF WARRANTY AND LIMITATIONS ON LIABILITY IN
SECTIONS 10 AND 11; AND THE EXCLUSIVE DISPUTE RESOLUTION PROVISIONS IN SECTION
SPYHUNTER IS AN ADAPTIVE SPYWARE
DETECTION AND REMOVAL TOOL THAT PROVIDES PROTECTION AGAINST MOST SPYWARE
THREATS, MALWARE, TROJANS, ROOTKITS AND OTHER MALICIOUS SOFTWARE.
THIS APPLICATION INSTALLS WITH LIMITED FUNCTIONALITY. THE
APPLICATION'S SCAN AND DIAGNOSE MODE IS AVAILABLE BY DEFAULT (WITHOUT
PURCHASE). PURCHASE IS REQUIRED TO ACTIVATE FULL FUNCTIONALITY, ENABLING
REMEDIATION OR REMOVAL OF SPYWARE, MALWARE AND OTHER THREATS.
A SHORTCUT WILL BE INSTALLED TO THE USER'S DESKTOP, AND THE
APPLICATION WILL OPEN AUTOMATICALLY ON STARTUP. THIS APPLICATION BEHAVIOR CAN
BE EASILY DISABLED WITHIN SPYHUNTER'S SETTINGS AFTER INSTALLATION, IF DESIRED.
REGHUNTER, BY ENIGMA SOFTWARE
GROUP, IS A REAL-TIME REGISTRY SCANNER AND REPAIR APPLICATION DESIGNED TO
ASSIST THE AVERAGE COMPUTER USER IN DISCOVERING AND REPAIRING REGISTRY
PROBLEMS. REGHUNTER IS DESIGNED NOT ONLY TO DETECT EXISTING REGISTRY ERRORS BUT
TO AVOID FUTURE ISSUES THAT MAY OCCUR DUE TO REGISTRY STRUCTURE PROBLEMS.
SPYHUNTER GIVES ITS USERS THE OPTION TO INSTALL REGHUNTER.
REGHUNTER IS NOT REQUIRED TO RUN SPYHUNTER AND IS ONLY INSTALLED WITH SPYHUNTER
IF THE USER DIRECTLY OPTS TO DO SO.
REGHUNTER IS A SEPARATE
APPLICATION THAT WILL INSERT A SHORTCUT ON THE DESKTOP AND WILL LAUNCH
AUTOMATICALLY ON STARTUP. THIS APPLICATION BEHAVIOR CAN BE EASILY DISABLED
WITHIN REGHUNTER'S SETTINGS AFTER INSTALLATION, IF DESIRED.
IF A USER OPTS TO INSTALL REGHUNTER, REGHUNTER MAY TRANSMIT
ADDITIONAL DIAGNOSTIC INFORMATION TO OUR TECHNICAL TEAM FOR DIAGNOSTIC
PURPOSES. THE CONTENT OF THIS INFORMATION IS SPECIFIED IN DETAIL IN THE
REGHUNTER EULA (http://www.enigmasoftware.com/reghunter-eula/). NOTE THAT
REGHUNTER ALLOWS YOU TO OPT-OUT OF TRANSMITTING DIAGNOSTIC REPORTS BY VISITING
THE "GENERAL" TAB UNDER THE "SETTINGS" TAB AND CHANGING THE
OPTION FOR "TRANSMIT DIAGNOSTIC INFORMATION."
WE RESERVE THE RIGHT TO MODIFY
THIS EULA AS NEEDED IN OUR SOLE DISCRETION.
THE EULA IN EFFECT AT THE TIME YOU DOWNLOADED THE SOFTWARE WILL GOVERN
YOUR USE OF IT, UNLESS WE MODIFY THE EULA.
WE WILL SEND NOTICE OF CHANGES TO THIS EULA IN THE MANNER DESCRIBED
BELOW. YOUR CONTINUED USE OF THE
SOFTWARE AFTER WE ISSUE NOTICE OF A CHANGE TO THE EULA WILL CONSTITUTE YOUR
ACCEPTANCE OF THE CHANGES AND THE REVISED EULA.
IF YOU CANNOT OR DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, DO NOT USE
NOTIFICATION OF CHANGES TO THIS EULA
We may make changes to this EULA
from time to time. When we decide to do
so, we will post those changes in the EULA accessible via our website
(www.enigmasoftware.com/eula) and in the EULA file packaged with the SpyHunter
software download. Our software also
contains an in-app update/notification mechanism that displays a dialog box
when the software launches prior to an update or modification, and the dialog
box lists all changes since the prior version of the software, with material
changes to the functionality of the software, this EULA, or our privacy
practices highlighted in bold red type.
You must agree to the revised EULA in order to proceed with the software
update. If you do not wish to agree with
the revised EULA and proceed with the software update, you may continue to use
the existing version of the software or uninstall the software.
If you object to any change we
make to this EULA, you may terminate this agreement and cease use of the
software. Please note, though, that your
use of the software after notice of changes to this EULA will constitute your
acceptance of the changes to the EULA.
("ESG") means Enigma Software Group USA LLC, a
Florida limited liability company, 2803 Gulf to Bay Blvd., Suite #446,
Clearwater, FL 33759 USA, a developer of computer security software and
Internet-based systems. ESG also
operates in New York, NY.
("eSellerate") is a wholly owned subsidiary of
Digital River, Inc., 10380 Bren Road West, Minnetonka, MN 55343 USA, a leading
reseller and enabler in the software and online subscription industry.
("Software") means all
of the contents of the files or other media with which this Agreement is
provided, including but not limited to (a) ESG or third party computer
information, Software, or Database; (b) digital images, stock photographs, clip
art, sounds or other artistic works ("Stock Files"); (c) related
explanatory written materials or files ("Documentation"); and (d)
fonts; and (e) upgrades, modified versions, Updates, additions, copies of the Software,
and Database Updates, if any, licensed to you by ESG (collectively,
("Use") or ("Using") means to access,
install, download, copy or otherwise benefit from using the functionality of
the Software in accordance with the Documentation.
("Database") means a
structured collection of records or data that is stored, encrypted, and
tabulated in a proprietary format. Our Database relies upon our Software to
organize and interpret the stored data. Our data contains the structure and
removal rules of malignant malware components. In addition, our Database may
contain exclusions of non-malignant file components. In order to efficiently
combat the threat of malware, our Database requires constant Updates.
means the number of computers that can install and use a copy of the Software,
and such number is one (1) by default unless otherwise indicated under a valid
license (e.g., a volume license) specifically negotiated and granted by
("Computer") means an electronic device that
accepts information in digital or similar form and manipulates it for a
specific result based on a sequence of instructions.
2. SOFTWARE LICENSE.
As long as you comply with the terms of this EULA (the
"Agreement"), ESG grants to you a non-exclusive license to use the
Software for the purposes described in the Documentation.
2.1. General Use. You may install and use the Software on
your compatible computer, up to the Permitted Number of computers; or
2.2. Server Use. You may install one copy of the Software on
your computer file server for the purpose of downloading and installing the
Software onto other computers within your internal network up to the Permitted
Number or you may install one copy of the Software on a computer file server
within your internal network for the sole and exclusive purpose of using the
Software through commands, data or instructions (e.g. scripts) from another
computer on your internal network, provided that the Computer that accesses or
uses the Software on such computer file server at any time, whether concurrent
or not, does not exceed the Permitted Number. No other network use is permitted
without negotiation and purchase of a volume or server license; and
2.3. Backup Copy. You may make one backup copy of the
Software, provided your backup copy is not installed or used on any computer.
You may not transfer the rights to a backup copy unless you transfer all rights
in the Software as provided under Section 6.
2.4. Home Use for Business
Copies. If you are using the Software at your business, and you are the primary
user of the computer that is licensed to use the Software, you may, also
install the Software on one of your home computers. However, the Software may
not be used on your home computer at the same time the Software on your
business computer is being used.
If the Software supports multiple
platforms or languages, if you receive the Software on multiple media, if you
receive a Content Update (as set forth in Section 5 below), if you otherwise
receive multiple copies of the Software, or if you received the Software
bundled with other Software, you may only use the Software as licensed
above. You may not rent, lease,
sublicense, lend or transfer any versions or copies of the Software you do not
use. If the Software is a Content Update, as discussed in Section 5 below, you
must possess a valid license to such previous version in order to use the
3. INFORMATION WE COLLECT FROM YOU AND YOUR COMPUTER
3.1. Information Collected/Transmitted During Scans.
3.1(a). Diagnostic Report. When
you start a SpyHunter scan, a diagnostic report from your system will be
transmitted to ESG's Technical Team for diagnostic purposes. The information
transmitted is identical to the information that is displayed when you press
"Generate Support Log" within the "Spyware Helpdesk" tab of
the user interface. In addition, SpyHunter sends ESG the SpyHunter version
number and language, the IP address of the computer on which SpyHunter is
installed, and a unique number that identifies your copy of SpyHunter. For paid
users, SpyHunter also transmits their username and password. We collect this information for the purposes
of diagnosing new malware threats and for tracking the location of malware
infections. The information collected is encrypted when sent, it is stored on
ESG's system until it can be analyzed and statistical and other information is
extracted. The extracted information does not contain any IP addresses or user
identifiable information. For free
scans, once the relevant information is extracted, the diagnostic report is
purged in due course. For paid users, the diagnostic report is retained for use
in customer service. The raw diagnostic report (without IP address or user
identifiable information) will be made available for public viewing and
analysis on websites. Note that SpyHunter allows you to opt-out of transmitting
the diagnostic report by visiting the "General" tab under the
"Settings" tab and changing the option for "transmit diagnostic
information." Note, the normal
operation of SpyHunter depends upon transmission of diagnostic information, and
in order for SpyHunter to work safely and effectively, it is strongly
recommended that you leave this feature enabled.
3.1(b). Program Classification
Information. One way that SpyHunter
identifies potentially unwanted or harmful software is to examine the programs
that start automatically and to classify those programs based on the threat
they pose. To accomplish that task, SpyHunter sends ESG the name, location,
size, and md5 hash of each file that starts automatically, as well as certain
information about when and how that program begins to operate. When
transmitting this file information, SpyHunter also sends ESG certain
identifying information, including a unique number that identifies your copy of
SpyHunter, your username and password (of registered users), the application
version number, the application language, and the IP address of the computer on
which SpyHunter is installed. All of the file information and identifying
information is encrypted before being sent, and the identifying information is
not stored. After verifying the user's identity, ESG compares the file
information that was sent against the information in ESG's databases and
returns relevant classifications to the user's computer. Statistics regarding
programs examined are kept indefinitely, but the actual transmission is purged.
Geolocation information provided (such as IP address) is analyzed so that
infections can be reflected in SpyHunter's Malware Tracker tool, but IP
addresses are not stored, other than in ordinary server logs which are purged
frequently. In future versions of SpyHunter, ESG may collect copies of files
that cannot be classified by the md5 hash information, but it will do so only after
explaining the need to collect that information and prompting the user for
consent. Additional information regarding ESG's collection, use, and disposal
3.2. Updates To SpyHunter. If you click the
"Check for updates" button on the user interface, and whenever
SpyHunter malware definitions automatically update, SpyHunter sends ESG the
SpyHunter version number and language, a unique number that identifies your
copy of SpyHunter, and the IP address of the computer on which SpyHunter is
installed. The SpyHunter version number and unique number are used to identify
the specific updates to transmit and to allow a specific copy of SpyHunter to
be de-activated if it is being used for hacking or malicious purposes. No
geolocation or other identifying information (such as IP address) is analyzed
or stored, other than in ordinary server logs which are purged frequently. None
of the information collected is shared with any third parties, nor does it
contain user identifiable information.
3.3. Information Collected In Conjunction with Updates
Related to Paid Licenses. If you have a paid license and update SpyHunter
through the "Program Update" or "Definitions Update" on the
user interface, your system will send to us a uniquely generated ID number that
identifies your copy of SpyHunter, the SpyHunter version number, the language,
and the username and password that you have entered when registering SpyHunter.
This information is used to ensure that you receive the proper updates and to
enable ESG technical support to know what version of the program and parasite
definitions are installed. This information is not shared with any third parties.
This information is stored and deleted in the same manner as other personal
information we collect about paid licensees, as described in Section 3.4 below.
Additional information regarding ESG's collection, use, and disposal of your
3.4. Personal Information We Collect to Provide Services to You. If you are a paid licensee, we collect and use the information you provide us, such as the identifying information you provide when you register at https://www.enigmasoftware.com/purchase_spyhunter.php, the information you provide when communicating with customer support, and the scans you conduct of your computer. We use that information to provide services to you, for certain accounting and auditing purposes, and to update the Malware Tracker application. If you are a paid licensee, your username and password are sent and received during each communication to authenticate you as a user. Payment card and other financial information are collected solely by ESG's payment processor, eSellerate, and is used to verify and collect payment for licenses to use ESG's products. Payment and financial information are not collected by ESG and are not stored on ESG's systems. We take steps to safeguard and protect your personal information, which include but are not limited to, ensuring that information is encrypted before it is sent to or from us to you and that statistical information we develop is not tied to your username or your IP address.
3.5. Personal Information of
Former Paid Licensees. ESG retains non-financial contact information, and
support and scan logs, for paid customers whose licenses have expired to
facilitate renewal or reinstatement. eSellerate stores payment and billing
information of customers whose software licenses have expired to ensure
accurate processing of chargebacks and for auditing purposes. We take steps to
safeguard and protect your personal information, which include but are not
limited to, ensuring that information is encrypted before it is sent to or from
us to you.
When you purchase SpyHunter, your
account will be configured for six month semi-annual automatic billing. If you
choose to cancel the automatic billing option, you can accomplish this by
either: (a) opening a ticket with technical support (on the following URL:
http://www.enigmasoftware.com/support) and request to opt-out of the automatic
billing option, (b) contact our payment processor eSellerate at 1-800-999-2734
(for international callers 1-719-576-0123), (c) or email eSellerate at
email@example.com. If you cancel automatic billing, we will not bill you
for continued service when your account expires. If you desire continued
service, it will be your responsibility to renew your account. If you remain on
automatic billing, your account will automatically renew at the end of your
subscription and your credit card will be billed accordingly.
5. CONTENT UPDATES
SpyHunter is updated from time to
time (including but not limited to the following: (a) the SpyHunter Software,
(b) the malware definitions & signatures Database, (c) updated URL lists,
(d) and other miscellaneous blacklist & whitelist Databases. These Updates
are collectively referred to as "CONTENT UPDATES"). You shall have
the right to obtain Content Updates for the duration of your subscription,
which is 6 months after your purchase of a license. ESG may create a new version of its software,
or otherwise create a Content Update that is sufficiently new or different that
it will require purchase of a separate subscription to access such Content
Update. In such event, you nonetheless
will have access to other Content Updates, which will permit you full benefit
of your six-month license. This License
does not otherwise permit Licensee to obtain and use Content Updates.
6. INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by ESG
to make are the intellectual property of and are owned by ESG and its suppliers.
The structure, organization, Database, and code of the Software are the
valuable trade secrets and confidential information of ESG and its suppliers.
The Software is protected by copyright, including without
limitation by United States Copyright Law, international treaty provisions and
applicable laws in the country in which it is being used.
Third party code may be aggregated or distributed with
Enigma Software Group's proprietary and copyrighted software. The copyright
notices and license terms for such third party code are detailed in the
license.txt file located in the SpyHunter folder and also located at
You may not copy the Software,
except as set forth in Section 2 ("Software License"). Any copies
that you are permitted to make pursuant to this Agreement must contain the same
copyright and other proprietary notices that appear on or in the Software. You
agree not to modify, adapt or translate the Software. You also agree not to
reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software except to the extent you may be expressly permitted
to decompile under applicable law, it is essential to do so in order to achieve
operability of the Software with another Software program, and you have first
requested ESG to provide the information necessary to achieve such operability
and ESG has not made such information available. ESG has the right to impose
reasonable conditions and to request a reasonable fee before providing such
information. Any information supplied by ESG or obtained by you, as permitted
hereunder, may only be used by you for the purpose described herein and may not
be disclosed to any third party or used to create any Software which is
substantially similar to the expression of the Software. Requests for
information should be directed to the ESG Customer Support Department. Trade
names and or Trademarks ("hereafter Trademarks") shall be used in
accordance with accepted trademark practice, including identification of
trademarks owners' names. Trademarks can only be used to identify printed
output produced by the Software and such use of any trademark does not give you
any rights of ownership in that trademark. Except as expressly stated above,
this Agreement does not grant you any intellectual property rights in the
You may not rent, lease,
sublicense or authorize all or any portion of the Software to be copied onto
another user's computer except as may be expressly permitted herein. You may,
however, transfer all your rights to use the Software to another person or
legal entity provided that: (a) you also transfer each this Agreement, the
Software and all other Software or hardware bundled or pre-installed with the
Software, including all copies, Updates and prior versions, to such person or
entity; (b) you retain no copies, including backups and copies stored on a
computer; and (c) the receiving party accepts the terms and conditions of this
Agreement and any other terms and conditions upon which you legally purchased a
license to the Software. Notwithstanding the foregoing, you may not transfer
education, pre-release, or not for resale copies of the Software.
8. USE ONLY AS LICENSED
As set forth in Section 2, above, the Software may only be
used as licensed.
9. LIMITED WARRANTY
You hereby acknowledge that the
Software may not be uninterrupted and cannot be guaranteed error free and
further acknowledge that the existence of any such errors shall not constitute
a breach of this Agreement by ESG. In particular, ESG does not guarantee that
the Software will detect and/or remove all known viruses, spyware, adware,
malware, Trojans, keyloggers and trackware, or locate all browser infections
and tracking cookies on your computer.
The Software may erroneously
report a virus in a file or system not infected by that virus, and ESG
disclaims any warranty that its reporting is correct. If the Software is a beta
version, you acknowledge and agree that (a) the Software may contain errors and
defects and may not function as intended or in accordance with its
specifications; and (b) you assume all risk in using the Software and agree to
take due care in the installation, execution and testing of the Software on
your computer system.
9.1. The particular operating
systems upon which the Software has been designed to execute will be published
by ESG from time to time ("Compatible OS"). You agree that you will
not execute or install the Software on any operating system other than a
Compatible OS. You acknowledge and agree that the Software may not execute
correctly and may interfere with other software if executed on an operating
system which is not a Compatible OS.
9.2. In the event that any terms,
conditions, representations or warranties are implied by statute, common law or
equity ("Prescribed Terms") into this Agreement which cannot be
lawfully excluded, the Prescribed Terms will apply to this Agreement, save that
the liability of ESG for breach of any Prescribed Terms will be limited, to the
extent permitted by law, at the option and sole discretion of ESG, to any one
or more of the following:(a) the replacement of the Software to which the
breach relates or the supply of equivalent Software; (b) the repair of the
Software; (c) the payment of the cost of replacing the Software or of acquiring
equivalent Software; or (d) the payment of the cost of having the Software
9.3. If the liability of ESG for breach of any Prescribed
Terms is capable of exclusion, they are hereby excluded to the fullest extent
permitted by law.
9.4. Except as provided by the
Prescribed Terms (if any), which are not capable of exclusion or limitation, or
as expressly set out in these terms:(a) ESG makes no warranties in relation to
the Software, including warranties as to the performance or fitness for purpose
of the Software (other than that ESG is entitled to grant to you the rights set
out in this EULA);(b) you will not under any circumstances have any cause of
action against, or right to claim or recover from, ESG for or in respect of any
loss, damage or injury (including without limitation any loss of profit,
indirect or consequential loss, damage or injury) arising from the supply or
use of the Software or any breach of these terms; and (c) subject to paragraph
(b) above, the maximum liability of ESG to you in respect of any breach of this
Agreement or otherwise in respect of your use of the Software will be the
amount you have paid ESG for the Software and if you have not paid ESG any
amount for the Software, will be the amount of USD $0 (zero dollars).
9.5. You acknowledge that this is the sole agreement between
you and ESG, and you have exercised your independent judgment in acquiring the
Software and have not relied upon any representations made by ESG which have
not been stated expressly in this Agreement or upon any descriptions or
illustrations or specifications contained in any document including catalogues
or publicity material produced by ESG.
9.6. For further warranty information, please see the
jurisdiction specific information in our GOVERNING LAW section which is Section
13 of this Agreement, if any, or contact ESG's Customer Support Department.
9.7. Further instructions on the
procedures and policies to make a warranty claim are explained in our REFUND
POLICY which is Section 17 of this agreement. Your exclusive remedy shall be
limited to either, at ESG's option, the replacement of the Software or the
refund of the license fee you paid for the Software.
THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE
REMEDIES FOR ESG'S OR ITS SUPPLIER'S BREACH OF WARRANTY. ESG AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY,
CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY
NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ESG
AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS,
EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE
AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR
11. LIMITATION OF LIABILITY.
IN NO EVENT WILL ESG OR ITS
SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST
SAVINGS, EVEN IF AN ESG REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE
FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW IN YOUR JURISDICTION. ESG'S AGGREGATE LIABILITY AND THAT OF ITS
SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement
limits ESG's liability to you in the event of death or personal injury
resulting from ESG's gross negligence or intentional misconduct. ESG is acting on behalf of its suppliers for
the purpose of disclaiming, excluding and/or limiting obligations, warranties
and liability as provided in this Agreement, but in no other respects and for
no other purpose. For further information, please see the jurisdiction specific
information at the end of this Agreement, if any, or contact ESG's Customer
12. EXPORT RULES.
You agree that the Software will
not be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export
laws, restrictions or regulations (collectively the "Export Laws").
In addition, if the Software is identified as export controlled items under the
Export Laws, you represent and warrant that you are not a citizen, or otherwise
located within, an embargoed nation (including without limitation Iran, Iraq,
Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not
otherwise prohibited under the Export Laws from receiving the Software. All
rights to use the Software are granted on condition that such rights are
forfeited if you fail to comply with the terms of this Agreement.
13. GOVERNING LAW AND DISPUTE RESOLUTION.
This Agreement will be governed
by and construed in accordance with the substantive laws in force in the State
of New York. This Agreement will not be governed by the conflict of law rules
of any jurisdiction or the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. All disputes arising from or related to your
use of the Software shall be resolved through binding, confidential
arbitration, which is the sole and exclusive remedy for any dispute. Such arbitration shall be conducted in accordance
with the American Arbitration Association's Consumer Procedure Rules. (The arbitration need not be conducted,
however, by or under the auspices of the American Arbitration Association if
the parties mutually agree to another arbitrator). There shall be one arbitrator selected by mutual
agreement of the parties. If the parties
are unable to agree to an arbitrator, either party may request that the
American Arbitration appoint an arbitrator.
Any dispute as to whether a specific issue is covered by this EULA or is
subject to arbitration will be determined by the arbitrator. The arbitration shall be conducted in the
complaining party's home jurisdiction unless the amount demanded exceeds
$10,000, in which case the arbitration shall occur in Manhattan County, New
York. The arbitrator will determine
whether substantive motions or discovery will be permitted, and will determine
the scope of such matters, provided that the arbitrator will authorize the
discovery and enter the prehearing orders necessary to ensure a fair, private
hearing. Arbitration awards may be
confirmed by any court of competent jurisdiction.
14. GENERAL PROVISIONS.
If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the balance of
the Agreement, which shall remain valid and enforceable according to its terms.
This Agreement shall not prejudice the statutory rights of any party dealing as
a consumer. This Agreement may only be modified by a writing signed by an
authorized officer of ESG Updates may be licensed to you by ESG with additional
or different terms. This is the entire agreement between ESG and you relating
to the Software and it supersedes any prior representations, discussions,
undertakings, communications or advertising relating to the Software.
15. NOTICE TO U.S. GOVERNMENT END USERS.
The Software and Documentation
are "Commercial Items," as that term is 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212
or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are being
licensed to U.S. Government end users (a) only as Commercial Items and (b) with
only those rights as are granted to all other end users pursuant to the terms
and conditions herein. Unpublished-rights reserved under the copyright laws of
the United States. For U.S. Government End Users, ESG agrees to comply with all
applicable equal opportunity laws including, if appropriate, the provisions of
Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans
Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the
Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts
60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and
regulations contained in the preceding sentence shall be incorporated by
reference in this Agreement.
16. COMPLIANCE WITH LICENSES.
If you are a business or
organization, you agree that upon request from ESG or ESG's authorized
representative, you will within thirty (30) days fully document and certify
that use of any and all ESG Software at the time of the request is in
conformity with your valid licenses from ESG.
17. REFUND POLICY.
Refund requests from purchases placed directly at ESG's
purchase page (via online download or on CD) must be requested through our
payment processor eSellerate. ESG has authorized eSellerate to process all the
refund requests from our subscribers. You must adhere to the following
guidelines and initiate the refund request within 30 days from the date of
purchase in accordance with our policy below. In addition, ESG has also
authorized eSellerate to also provide a refund outside the 30 day period where
it is required by law to do so.
17.1. All requests for refunds
must be made to eSellerate within 30 days of the date ESG and eSellerate first
made the software available to you for download (the "Purchase
Date"). You can accomplish this by either contacting eSellerate at
1-800-999-2734 (for international callers 1-719-576-0123), or email eSellerate
at firstname.lastname@example.org. ESG and eSellerate will also provide you with a
refund where it is required to do so by law.
17.2. ESG is not responsible for lost or misdirected mail,
delays for downloading, or other communication system delays.
17.3. You must provide ESG and/or eSellerate with sufficient
information to be able to identify your transaction, such as the order number
and/or e-mail address and/or date of transaction given to you when the download
17.5. ESG and eSellerate will only refund the amount you
paid for the software plus any appropriate taxes charged with that order. ESG
will not refund any shipping or handling charges that may have been charged to
you in respect of your return of your CD to eSellerate.
17.6. Refunds will be made in the same manner as you
purchased the product. For example, if you purchased the product by Paypal, ESG
will send your refund to your Paypal account. If you purchased by credit card,
your credit card account will be credited.
18. UNINSTALL INSTRUCTIONS.
If you wish to uninstall SpyHunter, visit
http://www.enigmasoftware.com/program-uninstall-steps/ to follow uninstall
Effective Date: 07/05/2017
Enigma Software Group USA, LLC,
2803 Gulf to Bay Boulevard, Suite #446, Clearwater, FL 33759, USA
("ESG", "we", "us", or "our") is
dedicated to establishing a trusting relationship with its users, based on
respect for personal identity and information, by promoting the use of fair
maintained by ESG, including but not limited to www.enigmasoftware.com and
www.spywareremove.com. We want to demonstrate our commitment to our users'
privacy and establish our users' trust in our ability to protect their data.
Therefore, we are disclosing:
1. What personally identifiable information ESG collects.
2. How ESG uses the information.
3. With whom ESG may share user information.
4. What choices are available to users regarding collection, use and distribution of the information.
5. What types of security procedures are in place to protect the loss, misuse or alteration of information under ESG control.
6. How users can correct any inaccuracies in the information.
If you have an unresolved privacy or data use concern that
we have not addressed satisfactorily, please contact our U.S.-based third party
dispute resolution provider (free of charge) at
Information Collection and Use
In order to use ESG services at any level, a user must first
complete the registration form. During registration a user is required to give
contact information (such as name and email address), and a unique identifier.
We use this information to contact the user about services on our site for
which the user has expressed interest.
When a user purchases a paying service, we request
information from the user on our order form. A user must provide contact
information (such as name, email, and billing address) and financial
information (such as credit card number, expiration date). This information is
used for billing purposes and to fill customer's orders. If we have trouble
processing an order, the information is used to contact the user.
Subject to the legal exceptions listed in the Privacy
Policy, ESG will not disclose to third parties the email addresses uploaded to
our Web sites by our users for the purpose of using ESG products or services.
Cookies and Other Tracking Technologies
Technologies such as: cookies or similar technologies are used by ESG and our payment processing partners, affiliates, or analytics or service providers. These technologies are used in analyzing trends, administering the Web site, tracking users' movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Like most Web sites, our servers use log files to analyze
trends, administer the site, track user's movement in the aggregate, and gather
broad demographic information for aggregate use. This information may include
internet protocol (IP) addresses, browser type, internet service provider
(ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages,
graphics, etc.), operating system, date/time stamp, and/or clickstream data. We
do not link this automatically collected data to other information we collect
We may use Local Shared Objects (LSOs), such as Flash, to store content information and preferences. Third parties with whom we partner to provide certain features on our Web site or to display advertising based upon your Web browsing activity may use LSOs such as Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs, please visit https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html .
Behavioral Targeting / Re-Targeting
We may place ads for our products on various third-party
websites and platforms, and as a result, you may see ads for our products when
using the Google search engine, when viewing YouTube videos, when using
Facebook, and/or in a variety of other places. We may ask the proprietors of
these websites/platforms to present our ads to particular demographic groups,
such as women over 25 years of age or persons living in California. However, we
do not provide any information about you or your browsing behavior to these
third-party websites/platforms. The third-party websites/platforms may use
information they already have about you, or may place cookies or similar
tracking technologies in your browser, in order to decide what ads you will
see, including potentially our ads. If you have questions or concerns about the
ads you see on any of these third-party websites/platforms or if you have
questions generally about their privacy practices, you should consult the
privacy policies of those sites or inquire of the proprietors of those sites.
Our U.S.-based third party dispute resolution provider offers a service
permitting you to opt out of receiving interest-based advertising from certain
advertisers. Visit http://preferences-mgr.truste.com for more information.
On rare occasions it is necessary to send out a strictly
service related announcement. For instance, if our service is temporarily
suspended for maintenance we might send users an email. These communications
are not promotional in nature.
We communicate with users on a regular basis to provide
requested services and regarding issues relating to their accounts. We reply
via email or phone, in accordance with the users wishes.
ESG has a zero tolerance policy for abuse.
We will share your personally identifiable information with
not sell your personally identifiable information to third parties.
Though we make every effort to preserve user privacy, we may need to disclose personally identifiable information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety, the safety of others or investigate fraud. For example, ESG may disclose personally identifiable information to law enforcement, other government officials, or third parties in response to criminal or civil subpoenas.
In certain situations, ESG may be required to disclose
personally identifiable information in response to lawful requests by public
authorities, including to meet national security or law enforcement
Third Party Intermediaries
We use an outside credit card processing company to bill
users for goods and services. These companies do not retain, share, store or
use personally identifiable information for any secondary purposes. These
companies are authorized to use your personally identifiable information only
as necessary to provide these services to us.
In the event ESG goes through a business transition, such as
a merger, being acquired by another company, or selling a portion of its
assets, users' personally identifiable information will, in most instances, be
part of the assets transferred. Users will be notified prior to a change of
ownership or control of their personally identifiable information. If as a
result of the business transition, the users' personally identifiable
information will be used in a manner different from that stated at the time of
collection they will be given a choice not to have their information used in
this different manner, as described in the notification of changes section,
ESG's Web sites contain links to
other sites. Please be aware that ESG is not responsible for the privacy
practices of such other sites. We encourage our users to be aware when they
leave our sites and to read the privacy policies of each and every Web site
solely to information collected by ESG's Web sites. ESG has advertising and
affiliate relationships with dozens of third party sites which drive interested
parties to our sites. Information that is collected on these sites does not
fall within the auspices of this policy.
Periodically, our site may
request information from users via surveys. Participation in these surveys is
completely voluntary and the user therefore has a choice whether or not to
disclose this information. The requested information typically includes contact
information (such as name and address), and demographic information (such as
zip code). Survey information will be used for purposes of monitoring or
improving the use and satisfaction of ESG's services. Users' personally
identifiable information is not shared with third parties. Though we may use an
intermediary to conduct these surveys, they may not use customers' personally
identifiable information for any secondary purposes.
Our Web site offers publicly accessible blogs. You should be
aware that any information you provide in these areas may be read, collected,
and used by others who access them. To request removal of your personally
identifiable information from our blog or community forum, contact us at
email@example.com. In some cases, we may not be able to remove your
personally identifiable information, in which case we will let you know if we
are unable to do so and why.
Social Media Widgets
Our Web site includes social media features, such as a
Facebook "Like" button and widgets, such as a "Share This"
button or interactive mini-programs that run on our site. These features may
collect your IP address, which page you are visiting on our site, and may set a
cookie to enable the feature to function properly. Social media features and
widgets are either hosted by a third party or hosted directly on our site. Your
company providing it.
ESG takes every precaution to protect its users' information. When users submit sensitive information via ESG's Web sites, their information is protected both online and off-line.
When our registration/order forms ask users to enter sensitive information (such as credit card number), that information is encrypted and is protected with an industry-standard encryption protocol - SSL. While on a secure page, such as our paid order form, the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just "surfing."
While we use SSL encryption to protect sensitive information
online, we also employ security measures to protect user-information off-line.
All of our users' information, not just the sensitive information mentioned
above, is restricted on our servers. Only employees who need the information to
perform a specific job (for example, our billing clerks or a customer service
representative) are granted access to personally identifiable information. Finally,
the servers that store personally identifiable information are in a secure
We follow generally accepted
standards to protect the personally identifiable information submitted to us,
both during transmission and once we receive it. No method of transmission over
the Internet, or method of electronic storage, is 100% secure, however.
Therefore, we cannot guarantee its absolute security. If you have any questions
about security on our Web site, you can contact us at firstname.lastname@example.org.
Supplementation of Information
In order for ESG to properly
fulfill its obligations to users it is necessary for us to supplement the
information we receive with information from 3rd party sources. ESG verifies
the billing address on all credit card transactions and may obtain credit
reports for some corporate customers. The information obtained from these third
Correcting/Updating/Deleting/Deactivating Personally Identifiable Information
Upon request ESG will provide you with information about whether we hold any of your personally identifiable information. If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. You can make the change by accessing your account online or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request to access within 30 days. We will retain your information for as long as your account is active or as needed to provide you services.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. As a result, historical customer billing records may be maintained indefinitely, by ESG and by third-party payment processing companies.
We will not merge your personally identifiable information
with non-personally identifiable information for the purpose of online
preference marketing without obtaining your permission.
Notification of Changes
If, however, we are going to use users' personally
identifiable information in a manner different from that stated at the time of
collection we will notify users via email or by means of notice on our Web site
prior to the change becoming effective. We will also notify users via an in-app
mechanism prior to the change becoming effective. Users will have a choice as
to whether or not we use their information in this different manner. In
affect user information already stored in our database, we will post a
prominent notice on our Web site and via the in-app mechanism notifying users
of the change.
Enigma Software Group USA, LLC.
Attn: Customer Service Department
2803 Gulf to Bay Blvd.
Clearwater, FL 33759