Fortect End User’s License Agreement

IMPORTANT—READ CAREFULLY:

Before you use the Licensed Software, please read this EULA as carefully as you would read any other legal document. This End User License Agreement (EULA) is a contract between you (“you,” “your” or “Licensee”) and Fortect, Inc. (“Fortect”), which provides the terms and conditions under which the Licensed Software named above is licensed – not sold – to you. The Licensed Software includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services.

BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LICENSED SOFTWARE. You may return it within 60 calendar days after acquiring it to your place of purchase for a full refund (less, if applicable, shipping, handling, and any taxes), provided that you have not installed, accessed, or used the Licensed Software. The terms and conditions of our Privacy Policy which apply to, and govern our use of any registration data and other information that you may provide to us in relation to the use of the Licensed Software, can be found on our website at: https://www.fortect.com/privacy/. Please, take the time to read them.

If you are a residing in, located in, or citizen of the United-States when purchasing the Licensed Software, please be aware that this EULA provides for Class Action Waiver (as set forth below, the “Class Action Waiver” provision) and for your Disputes (as defined below) with Fortect to be referred to binding Arbitration (as set forth below, in the “Dispute Resolution” provision), which may affect your rights under this EULA. You may opt out of the binding individual arbitration and class action waiver as provided below.

LICENSE TERMS CONTENTS.

The “Licensed Software” includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including:

(1) third-party computer information or software that Fortect has licensed for inclusion in the Licensed Software;

(2) written materials or files relating to the Licensed Software (“Documentation”);

(3) upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any (collectively, “Updates”).

INSTALLATION AND ACTIVATION.

Unless Licensee has purchased a Site License Agreement, Licensee may only install and/or use one copy of the Licensed Software per user license included with the Licensed Software. To determine how many user licenses were included with the Licensed Software, Licensee should consult the Licensed Software packaging or, in the case of Licensed Software purchased via electronic download, Licensee’s order receipt. If you desire additional user licenses for the Licensed Software, you may purchase them on the user portal at our website for the prices designated on such website. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation of the Licensed Software.

The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of machines, to ensure that you comply with the terms of this EULA and do not exceed the maximum number of user licenses you have purchased.

The Licensed Software may require activation as explained during installation and in the Documentation. Such activation may require that you submit a serial number and register an account with us. (Note that if you are installing a trial version of the Licensed Software, you may not need a serial number to activate it, but we may limit the length of time for which you may use the Licensed Software and/or the scope of the Licensed Software Functionality.) If activation is required and not completed within the finite period of time set forth in the Documentation and/or explained during installation, then the Licensed Software will cease to function until activation has been completed, at which time functionality will be restored. If Licensee has any issue with the activation process, Licensee should contact Fortect at https://www.fortect.com/, on the section “Support”.

The Licensed Software is designed for use on physical devices (ie desktop & laptop computers) and may not function fully on virtual machines.

SCAN & REPAIR.

The Free Download diagnosis, Manual Repair & Automated Repair features are intended to find issues, errors, threats, junk, and Malware that can be removed by a Fortect owned & operated Malware engine and Database with the latest threats available.
The preliminary scan does not require payment or sign up and is set to run automatically daily on system startup for your convenience.
As part of our malware engine there is a DLL file called Ffmpeg.dll, which is operated and owned by Fortect.
In addition, for the purpose of removing malware we use the Avira anti-malware engine, which is licensed to us legally.
It’s important to note that the product doesn’t aim to be a replacement to other antivirus applications that may be available on your device.

INTERNET ACCESS.

The Licensed Software may require an internet connection to be available in order to access all features.

See the specific provisions below that disclaim warranties and limit our liability based on internet service interruptions and unavailability.

STARTUP ENTRY.

Upon installation, Fortect will add itself as a startup entry. When restarting your PC, Fortect will run on the tray menu. This is to ensure real time monitoring is available with the ability to update Fortect software according to newly released versions. Closing the application permanently is available from the tray menu itself, just right-click on the application icon and click exit.

PERSONAL DATA PROTECTION.

You understand that by using the Licensed Software, you consent and agree to the collection and use of certain information about you and your use of the Licensed Software in accordance with Fortect’s Privacy Policy. You further consent and agree that Fortect may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Licensed Software, and any features therein, to you. Information collected by Fortect when you use the Licensed Software may also include technical or diagnostic information related to your use that may be used by Fortect to support, improve and enhance Fortect products and services. For more information please read our full privacy policy at https://www.fortect.com/privacy , on the section Privacy Policy. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Fortect, its affiliates, and/or their service providers. You hereby agree and consent to Fortect and its partners’ and licensors’ collection, use, transmission, processing and maintenance of such location and account data to provide and improve such features or services.

AUTO-RENEWALS.

Some of our packages include yearly recurring payments, your subscription will renew automatically. We will make sure to send you an email to remind you about your next recurring payment within 14 days before the payment's scheduled date. On occasion, promotional prices are available to new customers for the first year only. In these cases, the subscription will renew at the regular rate using the same payment method.

At any time, you can contact us at [email protected] and submit a ticket for cancellation, our dedicated support team will process the cancellation for you.

COPIES.

Licensee may only make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.

TRANSFER.

Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Licensed Software or the License granted by this EULA without prior written consent of Fortect.

USE.

The License granted by this EULA is non-exclusive. Licensee may not use the Licensed Software except as expressly permitted by this License.

PROHIBITED USES.

(1) Licensee may not modify, alter, adapt or translate all or any portion of the Licensed Software;

(2) Licensee may not create any derivative works from all or any portion of the Licensed Software;

(3) Licensee may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software;

(4) Licensee may not use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case you must destroy the prior version);

(5) Licensee may not use the Licensed Software in the operation of aircraft, ship, nuclear facilities, life-support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage;

(6) Licensee may not remove or obscure Fortect’s copyright or trademark notices, or the copyright and trademark notices of third parties that Fortect has included in the Licensed Software; and

(7) Licensee may not use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and

(8) Licensee may not use the Licensed Software in any manner not authorized by this EULA.

SOFTWARE UPDATES.

If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any Update provided to Licensee is made on a License-exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, Fortect may cease support for prior versions, without any notice to Licensee.

CONTENT UPDATES.

Fortect may provide Updates to the content of some of its software from time to time, including but not limited to, virus definitions, URL lists, rules, driver database updates, and updated vulnerability data. These types of Updates are collectively referred to as “Content Updates.” Fortect may, at its discretion and without notice, add, modify or remove features, including Content Updates, from the Licensed Software at any time.

SUPPORT.

Fortect is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services for an additional charge as Fortect may offer from time to time during the term of this EULA.

GOVERNING LAW.

You are a consumer. Nothing in this contract should prevent you from the benefit of rights granted to you by applicable consumer regulation.

This EULA is subject to, and will be governed by and construed in accordance with the substantive laws of the British Virgin islands to the extent permitted by applicable consumer law. This EULA 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.

DISPUTE RESOLUTION.

IF YOU ARE RESIDING IN, LOCATED IN, CITIZEN OF CANADA, A EUROPEAN UNION MEMBER STATE, OR ANYWHERE OTHER THAN THE UNITED-STATES, WHEN PURCHASING THE LICENSED SOFTWARE, THE FOLLOWING DISPUTE RESOLUTION MECHANISM APPLIES TO YOU:

Any dispute arising out of, or in connection with this EULA shall be referred to the exclusive jurisdiction of the Courts of British Virgin Islands , to the extent permitted by the consumer law of your usual place of residence.

LIMITED WARRANTY ON MEDIA.

Fortect warrants that the media on which the Licensed Software is distributed will be free from material defects for a period of 30 days from the date the Licensed Software is delivered to Licensee. If Licensee discovers a defect in the media during this 30-day period, Licensee may return the defective media to Fortect, and Licensee’s sole remedy is to have either the defective media replaced, or at Fortect’s sole option, a refund of the money that Licensee paid for the Licensed Software.

NO WARRANTY ON LICENSED SOFTWARE.

THE LICENSED SOFTWARE (EXLUDING THE MEDIA ON WHICH IT IS DISTRIBUTED) AND ALL FORTECT RELATED WEBSITES AND SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND “AS AVAILABLE,” AND FORTECT AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO THEIR USE OR PERFORMANCE. FORTECT AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION: QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE LICENSED SOFTWARE OR ANY RELATED FORTECT WEBSITES OR SERVICES; QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE LICENSED SOFTWARE OR RELATED FORTECT WEBSITES OR SERVICES; ANY REPRESENATION OR WARRANTY THAT THE USE OF THE LICENSED SOFTWARE OR ANY RELATED FORTECT WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ALWAYS AVAILABLE (WHETHER DUE TO INTERNET FAILURE OR OTHERWISE), ISSUE-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND ONLY TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.

LIMITATION OF LIABILITY.

IN NO EVENT WILL FORTECT’S SUPPLIERS OR LICENSORS, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS (INCLUDING WITHOUT LIMITATION THOSE BASED ON THE USE OR THE INABILITY TO USE THE LICENSED SOFTWARE OR ANY FORTECT RELATED WEBSITES OR SERVICES), EVEN IF A REPRESENTATIVE OF FORTECT OR ONE OF FORTECT SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. IN ANY CASE, THE AGGREGATE LIABILITY OF FORTECT SUPPLIERS, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSED SOFTWARE, OR 5 EUROS.

ADDITIONAL TERMS FOR BETA SOFTWARE.

If the Licensed Software that Licensee receives with this EULA is pre-commercial release or “BETA” software (“Pre-release Software”), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Software, but only to the extent necessary to resolve the conflict.

Licensee acknowledges that the Pre-release Software does not represent the final product from Fortect, and may contain bugs, issues, and other issues that could cause system or other failures and data loss. Consequently, Fortect disclaims any warranty or liability obligations to Licensee of any kind whatsoever.

SURVIVAL OF DISCLAIMERS.

The exclusions of warranties and liability limitations shall survive the termination of this EULA, howsoever caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.

EXPORT RULES.

Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by the applicable export control laws, notably where applicable, the United States Export Administration Act, restrictions, or regulations (collectively the “Export Laws.”) All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.

INTELLECTUAL PROPERTY OWNERSHIP.

The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, Fortect, and by third parties whose intellectual property has been licensed by Fortect. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of Fortect and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Licensed Software.

RESERVATION OF RIGHTS.

Fortect reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to Fortect’s intellectual property rights, and to the intellectual property rights of third parties licensed by Fortect. All rights are reserved under the copyright laws of British Virgin Islands.

COMPLETE AGREEMENT and BINDING EFFECT.

This EULA constitutes the entire agreement between the Licensee and Fortect relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Licensed Software. This EULA is binding on and made for the benefit of the parties and their successors and permitted assigns.

MODIFICATION.

This EULA may only be modified, supplemented or amended by a writing signed by an authorized officer of Fortect.

SEVERABILITY.

Except as provided in the “Dispute Resolution and Arbitration” Provision, if any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

WAIVER.

No failure or delay by Fortect in exercising its rights or remedies shall operate as a waiver unless made by Fortect’s specific written notice. No single or partial exercise of any right or remedy of Fortect shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.

PROOF OF COMPLIANCE.

Within 60 calendar days after request from Fortect, or Fortect’s authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee’s use of any and all Licensed Software is in conformity with this EULA.

TERMINATION.

If Licensee breaches this EULA, and fails to cure any breach within 60 calendar days after request from Fortect, or Fortect’s authorized representative, Fortect may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to Fortect all copies of the Licensed Software or verify in writing that all copies of the Licensed Software have been destroyed.

MONEY-BACK GUARANTEE.

If for any reason you, the Licensee, are dissatisfied with the Licensed Software you may obtain a refund of the paid amount for the Licensed Software within 60 calendar days after acquiring it, by contacting Fortect at [email protected] to obtain the refund. Once you receive the refund, the License granted by this EULA is no longer valid and any use of the Software will infringe Fortect copyright rights.