Metadefender Cloud Client 4.0.14.218

EULA - End User License Agreement

Metadefender Client End User License Agreement
This End User License Agreement ('EULA') is a legal and enforceable agreement between you (“You”), You being either an individual or a single legal entity, and OPSWAT, Inc. (“OPSWAT”) for use of Metadefender Client. In the absence of a separate written agreement between You (or an authorized representative of a legal entity on behalf of which you have downloaded the Metadefender Client) and OPSWAT which, by its terms, explicitly modifies or replaces this EULA, You agree to be bound by all of following terms of this EULA as well as the Metadefender Cloud terms of service located at https://www.metadefender.com/terms-and-conditions. To the extent the terms of service of the Metadefender Cloud conflict with this EULA, the terms of this EULA shall control.

1. Background
Metadefender Client is a non-persistent executable which, when executed, collects and sends to Metadefender Cloud for analysis (and storage) the following information.
• Operating system of the device, including
o Computer type
o Operating system name
o Operating system version, service pack, architecture
o Operating system language
o Device unique ID
• Installed applications on the device, including
o Application product information
• company name
• product name
• product version
o Malware threats identified by installed antimalware product, if any
• Running process information, including
o Absolute path
o File hash
o File size
o File name
o Loaded component
o Connected IP and associated domain name
o Digital signatures

Portions of the analysis performed by Metadefender Cloud may be reported through the Metadefender Client user interface, including:
• Running process information, including
o File name
o Absolute Path
o Scan results of multiple antimalware engines of each running process
• Last scan time of file name by antimalware engines
o Connected IP addresses and associated domain names and the threat reputation of each domain from multiple IP reputation vendors

OPSWAT may make available files uploaded to Metadefender.com to vendors supplying an antimalware engine to Metadefender.com. OPSWAT may aggregate and use the anonymized information reported by Metadefender Client to Metadefender Cloud in OPSWAT Market Share reports published at http://www.opswat.com/about/media/reports:
• Probable countries/nations associated with IP Addresses assigned to devices to by their Internet Service
• Endpoint applications installed on devices
• Device system state information including whether the automatic OS updating mechanism is enabled or disabled and whether the operating system is or isn’t up-to-date
• Malware threats detected by the antivirus applications installed on Devices
• Malware threats detected by antivirus engines of files uploaded by Metadefender Client to Metadefender Cloud for analysis and the results of the analysis

2. License Grant
OPSWAT grants to You a nonexclusive, revocable and limited license to access and execute the Metadefender Client subject to the terms of this EULA.

3. Restrictions
Unless expressly otherwise set forth in this EULA, You will not: (a) modify, translate or create derivative works from the Metadefender Client; (b) decompile, reverse engineer or reverse assemble any portion of the Metadefender Client or attempt to discover any source code or underlying ideas or algorithms of the Metadefender Client; (c) sell, sublicense, rent, lease or loan any portion of the Metadefender Client; (d) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Metadefender Client; and (e) cause or expressly permit any other party to do any of the foregoing.

4. Indemnification
You will indemnify, defend, and hold harmless OPSWAT from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding Your misuse of Metadefender Client or Metadefender Cloud in breach of this EULA.

5. Disclaimer of Warranties
METADEFENDER CLIENT AND METADEFENDER CLOUD ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. OPSWAT AND ITS SUPPLIERS DO NOT WARRANT THAT METADEFENDER CLIENT OR METADEFENDER CLOUD WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. OPSWAT AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT METADEFENDER CLIENT AND METADEFENDER CLOUD WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT OPSWAT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU RELIED ON NO WARRANTIES.

6. WAIVER OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL OPSWAT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST SAVINGS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT OPSWAT WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY SET FORTH IN THIS EULA.

7. LIMITATION OF LIABILITY
OPSWAT (INCLUDING FOR THE PURPOSES OF THIS SECTION THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, AND LICENSORS) SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE, MISUSE OR INABILITY TO USE METADEFENDER CLIENT, METADEFENDER CLOUD OR ANY OPSWAT PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF USE OR GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUE, AND COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), REGARDLESS OF THE FORM OF ACTION WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CUSTOMER OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPSWAT LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS EULA EXCEED THE AMOUNT YOU PAID TO OPSWAT UNDER THIS EULA WITHIN THE THREE MONTHS PRECEDING THE DATE THE LOSS AROSE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.

8. Termination
You can stop using Metadefender Client at any time by closing the user interface or powering off or re-staring the device onto which Metadefender Client was executed.

9. General Provisions
9.1 Choice of Law; Venue. This EULA will be governed by and construed according to the laws of the State of California, excluding California’s choice of law principles. In the event of any dispute or claim arising out of this EULA, You hereby submit to exclusive venue in, and the exclusive jurisdiction of, the federal and state courts, as applicable, located in San Francisco, California (except that a party may enforce a judgment in any court of competent jurisdiction).
9.2 Waiver. No waiver will be implied from conduct or failure to enforce rights. No waiver will be effective unless in writing signed by the party against whom the waiver is asserted, and such waiver shall only be effective as to the particular act identified in the written waiver.
9.3Severability. If any part of this EULA is found invalid or unenforceable (the “Invalid Clause”), that part will be enforced to the maximum extent permitted by law, and the remainder of this EULA will be enforced to the extent such enforcement, when viewed in light of the full or partial exclusion of the Invalid Clause, is consistent with the parties’ intent.
9.4 Relationship of Parties. The parties to this EULA are independent contractors. There is no relationship of agency, partnership, joint venture, employment or franchise between the parties. Neither party has the authority to bind the other or to incur any obligation on its behalf. Neither party shall have, nor shall it represent that it has, any power, right or authority to bind the other party, or to assume or create any obligation or responsibility, express or implied, on behalf of the other party or in the other party’s name, except as herein expressly permitted.
9.5 Freedom of Action. This EULA shall not be construed to prohibit or restrict either party from, without breach of the party’s obligations hereunder, developing, making, having made, using, leasing, licensing, buying, selling or otherwise disposing of or dealing with in any manner any products or services whatsoever, now or in the future.
9.6 Privacy Safe Harbor. OPSWAT’s privacy policy may be found at https://www.opswat.com/privacy. OPSWAT complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. OPSWAT has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view OPSWAT’s certification, please visit http://www.export.gov/safeharbor/.
9.7 Entire EULA. This EULA represents the entire EULA between the parties relating to its subject matter and supersedes all prior representations, discussions, negotiations and EULAs, whether written or oral. Questions regarding this EULA should be directed to sales@opswat.com.