SniperGuard Ltd is pleased to provide you its “Antivirus Sniper” digital security solution
PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANTIVIRUS SNIPER, for this End-User License Agreement governs your use of the Antivirus Sniper and how we provide the Antivirus Sniper.
This End-User License Agreement (including the Supplemental Terms, as applicable) (“EULA”) is a legal agreement between you and SniperGuard Ltd, the United Kingdom registered company, which governs your use of the Antivirus Sniper (“Antivirus Sniper”, “we”, “us” or “our”). By installing or otherwise using the Antivirus Sniper, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the device in which the Antivirus Sniper will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Antivirus Sniper updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use Antivirus Sniper. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. Your continued use of the Antivirus Sniper after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Antivirus Sniper. If you have any questions or concerns regarding the terms or conditions herein, please email us at support[at]sniper- guard.com. Do not use the Antivirus Sniper until your questions and concerns have been answered to your satisfaction, and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that is in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
B. GRANT OF LICENSE:
Subject to your compliance with the terms and conditions of this EULA, SniperGuard Ltd grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Antivirus Sniper on an authorized device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
C. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
- Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Antivirus Sniper or use the Antivirus Sniper for the benefit of any third party. Unless expressly authorized by us or permitted under the applicable distribution platform terms, you are prohibited from making the Antivirus Sniper available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Antivirus Sniper, except to remove our Antivirus Sniper from a device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with Antivirus Sniper, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of Antivirus Sniper in any way. You do not have the right to and may not create derivative works of Antivirus
Sniper or any portions of it. All modifications or enhancements to the Antivirus Sniper remain the sole property of SniperGuard Ltd.
2.Antivirus Sniper Updates. We reserve the right to add or remove features or functions to Antivirus Sniper. When installed on your device, the Antivirus Sniper periodically communicates with our servers. We may require the updating of the Antivirus Sniper on your device when we release a new version of the Antivirus Sniper, or when we make new features available. This update may occur automatically or upon prior notice to you. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Antivirus Sniper. You acknowledge and agree that any obligation we may have to support previous versions of the Antivirus Sniper may be ended upon the availability of updates, supplements, or subsequent versions of the Antivirus Sniper. You acknowledge and agree that we have no obligation to make available to you any updates, supplements, or subsequent versions of the Antivirus Sniper.
- Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Antivirus Sniper. If you access Antivirus Sniper through a mobile network, your network or roaming provider’s messaging, data, and other rates and fees may apply. You are solely responsible for any costs you incur to access the Antivirus Sniper from your device. Downloading, installing, or using Antivirus Sniper may be prohibited or restricted by your network provider and Antivirus Sniper may work with your network provider or device. We make no representation that the Antivirus Sniper can be accessed on all devices or wireless service plans. We make no representation that the Antivirus Sniper is available in all languages or that the Antivirus Sniper is appropriate or available for use in any particular location.
- Purchases & Cancellation Rights.
Where you purchase from a third party: Antivirus Sniper is available for purchase from an application platform owner (e.g. Apple) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are a resident of the European Union and download Antivirus Sniper from an application platform owner (e.g. Apple), you may not be able to cancel your order or obtain a refund. Please review the application platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on canceling orders and any associated refunds on the website of the third-party re-seller from whom you purchased the app (for example, the Apple App Store).
- Subscription Services. Antivirus Sniper on the Apple App Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, or yearly) may be processed in the application, by third parties who act on our behalf or directly by the application platform owner (e.g. Apple). Free trial subscriptions may be canceled at any point up to 24 hours before the expiry of the free trial (Apple). See below in paragraph 6 (“Trial Periods”) for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (” Purchases & Cancellation Rights”) for further information.
- Trial Periods. Certain of our subscription services on the Apple App Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple).
- Online Dispute Resolution. If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm? event=main.home.show&lng=EN . Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: support[at]sniper- guard.com
D. ANTIVIRUS SNIPER FUNCTIONALITY:
Antivirus Sniper allows you to enjoy various features, functionalities, and services, which may change from time to time (collectively, the ” App Functions”). The App Functions are provided by SniperGuard Ltd.
Antivirus Sniper, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Antivirus Sniper and any information you download or offer to share by means of Antivirus Sniper, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your device from unauthorized access, including by such means as using complex password protection and enabling device encryption in your settings. You agree that SniperGuard Ltd shall not be liable for any unauthorized access to your device or the app data thereon.
F. UNINSTALL/REMOVAL OF ANTIVIRUS SNIPER: On macOS running devices:
- Terminate/Quit the Antivirus Sniper
- Move the Antivirus Sniper from Applications into the Trash
G. CONSENT TO USE OF DATA:
H. INTELLECTUAL PROPERTY:
The Antivirus Sniper, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by SniperGuard Ltd are SniperGuard’s property other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright, and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove proprietary rights.
The trade names and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
- SniperGuard Ltd respects and expects its users to respect the rights of copyright holders. On notice, SniperGuard Ltd will act appropriately to remove content that infringes the copyright rights of others. SniperGuard Ltd reserves the right to disable the access to Antivirus Sniper or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe Antivirus Sniper or elements, infringe your copyright rights, Please contact SniperGuard Ltd at support[at]sniper-guard.com
- Ownership of Content of the projects. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Antivirus
Sniper. However, you grant us permission to use such Content for the purposes of promotion of the Antivirus Sniper. If at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed and shall remain, the property of SniperGuard Ltd. None of the graphical parts of submissions shall be subject to any obligation of confidence on the part of SniperGuard Ltd, and SniperGuard Ltd shall not be liable for any use or disclosure of any Submissions.
- Repeat Infringer Policy. SniperGuard Ltd may terminate a user’s access to the Antivirus Sniper if, under appropriate circumstances, the user is determined to be a repeat infringer.
- No Intended Third-Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from SniperGuard Ltd if you fail to comply with any of the terms and conditions of this EULA. You understand that SniperGuard Ltd, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of Antivirus Sniper at any time. Further, SniperGuard Ltd, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Antivirus Sniper or any of its component features. You agree that SniperGuard Ltd shall not be liable to you or any third-party for any termination or disabling of the Antivirus Sniper. Promptly upon expiration or termination of this EULA, you must cease all use of the Antivirus Sniper and destroy all copies of Antivirus Sniper in your possession or control. Termination will not limit any of SniperGuard’s other rights or remedies at law or in equity. Sections I-P and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
K. DISCLAIMER OF WARRANTY:
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ANTIVIRUS SNIPER IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND ” AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, SNIPERGUARD, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS, AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, SNIPERGUARD MAKES NO WARRANTY THAT THE ANTIVIRUS SNIPER WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SNIPERGUARD PRODUCTS, WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE ANTIVIRUS SNIPER WILL MEET YOUR EXPECTATIONS. SNIPERGUARD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR ANTIVIRUS SNIPER; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANTIVIRUS SNIPER OR SERVERS; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ANTIVIRUS SNIPER.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ANTIVIRUS SNIPER REMAINS SOLELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. L. LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNIPERGUARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SNIPERGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE ANTIVIRUS SNIPER; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE ANTIVIRUS SNIPER. IN NO EVENT SHALL SNIPERGUARD ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ANTIVIRUS SNIPER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE ANTIVIRUS SNIPER, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SNIPERGUARD, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE ANTIVIRUS SNIPER, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SNIPERGUARD OF ANY UNAUTHORIZED USE OF YOUR DEVICE OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
N. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS:
SniperGuard Ltd does not represent or warrant that the Antivirus Sniper or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Antivirus Sniper, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and at our sole discretion. The laws of the United Kingdom, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Antivirus Sniper. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of the United Kingdom, with respect to all matters arising out of or relating to this EULA.
No failure or delay by SniperGuard Ltd in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ANTIVIRUS SNIPER MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Q. HOW TO CONTACT US.
If you have any questions about this EULA, please contact us by email as follows:
Company number: 12588692 Office address:
27 Old Gloucester Street LONDON
UNITED KINGDOM support[at]sniper-guard.com
R. SUPPLEMENTAL TERMS
To the extent permitted by applicable law (and without limiting the above rights, remedies and obligations except for the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of Antivirus Sniper, as applicable:
Apple App Store: By accessing the Antivirus Sniper through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:
- This EULA is between SniperGuard Ltd and you; Apple is not a party to this EULA.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Antivirus Sniper on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
- Apple is not responsible for Antivirus Sniper or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Antivirus Sniper.
- In the event of any failure of the Antivirus Sniper to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Antivirus Sniper, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Antivirus Sniper.
- Apple is not responsible for addressing any claims by you or a third party relating to the Antivirus Sniper or your possession or use of the Antivirus Sniper, including without limitation (a) product liability claims; (b) any claim that the Antivirus Sniper fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Antivirus Sniper or your possession and use of the Antivirus Sniper infringe such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.
- Apple and its subsidiaries are third-party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
- SniperGuard Ltd expressly authorizes the use of the Antivirus Sniper by multiple users through Family Sharing or any similar functionality provided by Apple.
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