END-USER LICENSE AGREEMENT
END-USER LICENSE AGREEMENT ('AGREEMENT', ‘EULA’) FOR THE SCANSTER FAMILY OF PRODUCTSLast updated: March 04, 2019
Please read this End-User License Agreement (“Agreement”) carefully before downloading, installing or using a Scanster Softwares Private Limited [INDIA] or Scanster Softwares L.L.C. [USA] (“Scanster”) Product (“Application”, “Product”).
By downloading, installing or using a Scanster Product, you are agreeing to be bound by the terms and conditions of this Agreement and you represent that you are authorized to enter into this agreement on behalf of yourself, and/or your corporate entity (if applicable). This Agreement is a legal agreement between you (either an individual or a single entity) and Scanster Softwares Private Limited [INDIA] or Scanster Softwares L.L.C [USA] and it governs your use of the Application made available to you by Scanster If you do not agree to the terms of this Agreement, do not download, install or use the Application.
The Scanster family of products
The Scanster family of products includes but is not limited to:
- Personal Computer Products: Scanster Antivirus, Anti Malware, Ransomware Defender, Cyber Privacy Suite, Internet Security Suite, Scanster PC Privacy, Scanster PC Cleaning Utility, Scanster PC Registry Cleaner, Identity Theft Preventer, Scanster Password Shield, Scanster Hard Disk Shield, Scanster Webcam Blocker, Scanster Password Recovery Utility;
- Business Endpoint Products: Scanster Antivirus Business Edition, Ransomware Defender Business Edition, Scanster PC Privacy Business Edition;
- Mobile Device Products: Camera & Microphone Blocker, Identity Theft Preventer, Ransomware Defender, Scanster Microphone Blocker, Anti Malware, Scanster Camera Blocker, Mobile Cleaning Utility, Microphone & Camera Blocker, Scanster Privacy Shield
The Application is licensed, not sold, to you by Scanster for use strictly in accordance with the terms of this Agreement.
If You have downloaded the Product/s for purposes of evaluation, regardless of how labeled, the evaluation/use of the Product is limited to a specified period and/or limited functionality and all use will be governed by the terms set forth in this agreement. Please note that You are not obligated to purchase a premium license from Scanster and at any point you can uninstall and remove the product from your computer. This evaluation may be terminated by Scanster at any time upon notice to you and will automatically terminate, without notice, upon the expiration of the evaluation period.
License (“Software License”, “Registered Software”, “Premium License”)
Upon your payment of the fees due and acceptance of this agreement, Scanster grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement and according to the validity and restrictions of the License which you have paid for.
Lifetime Licensing Policy (“Lifetime Of Device”, “Lifetime”)
Scanster’ lifetime license shall be valid and guaranteed full service, upgrades and updates as long as you own the original computer upon which you originally installed the agent or client software and as long as the same operating system resides fully operational on that computer. Notwithstanding the foregoing, if your original computer is damaged, or if you experience a hard drive failure resulting in having to rebuild or restore the original computer and/or operating system within the first 3 years of your product registration, Scanster agrees to provide you with the guaranteed service, upgrades and updates. In addition to the aforementioned terms of this license: (a) A lifetime license is not transferable to a new (or used) or different computer; and (b) lifetime license is not transferable to another user if your original computer is sold or transferred to another user, if components are rebuilt into a new computer, or if the operating system is deemed not valid, registered as required by law or different in any way from the originally installed version upon which the Scanster license has been registered
Third Party, Open Source Software
Parts of the Product/s may incorporate and consist of (i) proprietary software and / or (ii) third party open source materials (e.g., any software subject to open source, copyleft, gnu general public license, library general public license, lesser general public license, Mozilla license, open source initiative license, Apache or public domain licenses, or similar license) (“Open Source”), which you may use under the terms and conditions of the specific license under which the Open Source software is distributed. You agree that you will be bound by any and all such Open Source license agreements. Title to Open Source software remains with the applicable Licensor(s). Any Open Source provided with or contained in the Product is provided “AS IS” and without any warranty of any kind.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above sections ‘License’ and ‘Evaluation Software’.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Scanster or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Scanster
Brand Name And Brand Subsidiaries
Scanster utilizes various brand names and brand subsidiaries, including but not limited to: Scanster, Scanster Software, Scanster
Modifications to Application
Scanster reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Scanster may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Application. You agree that Scanster has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
- Scheduled Tasks
By installing a desktop software or a mobile app produced by Scanster you acknowledge that the product/s will create and run scheduled tasks on your computer and/or mobile device. Scheduled tasks are enabled by default. Most scheduled tasks can be disabled by you at any time from within the product settings. If you wish to disable ALL scheduled tasks you need to uninstall the software completely. Payment is not required to disable, enable or amend the scheduled tasks created by any of the Scanster products.
- Background Processes
Upon installation, Scanster’ products may set and run tasks or background processes on your computer that will auto-start upon reboot/restart of your computer’ operating system. These tasks are required to either check your installed software for available updates, validate your license information, monitor your computer for specific product-related items (such as privacy threats, malware infection attempts etc) and various other product-related tasks that are required for the products to provide the value and service they are intended to provide. If you do not wish to grant the products that permission, please uninstall the products at your convenience or disable the ‘Launch at System Startup’ option from within the product settings where applicable.
- URL Redirects / Blocked Websites
When installed, Scanster’ product may detected some website and/or software communication attempts as malicious and block any outgoing or incoming communication between your computer and the specific website and/or IP address. This communication block is done for your safety. If you do not wish to grant the Scanster’ product that permission, please uninstall Scanster’ product at your convenience or disable the ‘Safe Browsing’ feature from within the product settings where applicable. Which websites are being detected as malicious? Websites that are either known for attempting or have actually attempted to download malware onto your computer, redirect you to an unverified webpage, present malicious advertisement etc’ are being blocked as part of our enhanced internet security protocol. If you wish to visit/allow the blocked URL after all, please add the URL to the exclusion list of your security software so in future it will not be blocked by default.
- User Account Control / UAC
UAC is a security feature of Windows which helps prevent unauthorized changes to the operating system by prompting the user for manual approval. Scanster’ products may disable the UAC prompts relating only to the Scanster’ products in order to increase the user’s convenience and solely for the purpose of better user experience and product ease of use. At any point you, the user, can uninstall the product if you feel this is an inconvenience to you.
- Installing Multiple Software.
Please note that installing multiple security products with overlapping coverage on devices that are not designed for high performance is not recommended.
- Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that Scanster shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Scanster does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Scanster Scanster may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Scanster, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer. Termination of this Agreement will not limit any of Scanster’ rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Scanster and its owners, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you for both evaluation purposes as well as licensed “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Scanster, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Scanster provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Scanster nor any Scanster’ provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Scanster are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. The Application/s and/or Service are not fault-tolerant and are not designed or intended for high-risk activities such as use in hazardous environments requiring fail-safe performance, including but not limited to nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the Software or Service could lead directly to death, personal injury, loss of data of national security and/or federal attributes or severe physical or property damage. We expressly disclaim any expressed or implied warranty of fitness for high-risk activities Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
The software may make changes to your computer or mobile device that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the software as infected or a potential concern. You acknowledge and agree to such changes to your computer or mobile device that may occur as a result of your use of the software. Notwithstanding any damages that you might incur, the entire liability of Scanster and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application. To the maximum extent permitted by applicable law, in no event shall Scanster or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Scanster or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. During the warranty period, in the event of any breach of the warranty outlined in this Agreement, Scanster’ (and its resellers), entire liability and your exclusive remedy will be, at Scanster’ option, to either, repair or replace the defective software. Neither Scanster nor its resellers, if any, shall be liable for indirect, special, incidental, or consequential damages, or for damage to systems or data, even if Scanster and its resellers have been advised of the possibility of such damages. Scanster’ liability for damages hereunder shall in no event exceed the amount of license fees that You have paid. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By accepting this Agreement, you acknowledge that you hereby agree and consent to the Scanster Refund Policy available here: https://scanster.biz/refund-policy/.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance 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.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Scanster reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of California, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us:
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://scanster.biz/faq/
The Agreement constitutes the entire agreement between you and Scanster regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Scanster You may be subject to additional terms and conditions that apply when you use or purchase other Scanster’ services, which Scanster will provide to you at the time of such use or purchase.