LICENSE AGREEMENT
NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY.
BY OPENING THIS PACKAGE, BREAKING THE SEAL, BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. If the Software is downloaded from the websites (for paid or trial use purposes), this Agreement will be accepted and a contract formed when you selects an 'I Accept', 'OK' or 'Yes' button or box below prior to download or installation.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL OR ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR CUSTOMER SERVICE, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE THIRTY (30) DAYS PERIOD FOLLOWING THE DATE OF PURCHASE.
PRODUCT REGISTRATION. By accepting this Agreement, You agree to register Your Software. Registration requires a valid product serial number and a valid email address for renewal and other notices.
The MAGICPREFS Account is necessary for the activation of the online features, as stated in the Product Documentation.
You warrant that you are the legal owner of the device and you have all the legal rights to create your account. Please acknowledge that installing on your device Software, and taking in consideration the security policies and rules selected by you, you may experience access restrictions to device and data loss due to remote device lock or wipe commands applied by the administrator of the account manually through security policies. You as administrator( have the right to monitor your device, locate it on map, enforce screen lock and authentication, lock and wipe device, encrypt media storage, scan applications and file on your device. MAGICPREFS shall not be held responsible for any damages resulting from privacy, data loss caused to you.
This License Agreement covers MAGICPREFS Products for home-users licensed to you, including related documentation and any update and upgrade of the applications delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items.
The MAGICPREFS Product offers an Internet control software which shall be installed on your device (computer, mobile, mobile computer device) that intercepts Internet-bound traffic, to monitor traffic and permits You to limit access to certain content. The software on Your personal device connects to a server network infrastructure and then send it to MAGICPREFS servers for categorization.
The MAGICPREFS Product may allow you to track the device location, disable access to the device, transmit images that have been capture with the camera of your device or voice records that have been recorded by the recorder of your device (if available). You may not use the services to gain unauthorized access, to upload, transmit, transfer data or information to MAGICPREFS or third parties by any means. You agree that your use of these services will be in compliance with any laws which are applicable to you.
This License Agreement is a legal agreement between you (either an individual or a legal person) and MAGICPREFS for use of MAGICPREFS’s software product identified above, which includes software and services for your device, and may include associated media, printed materials, and "online" or electronic documentation (hereafter designated as "MAGICPREFS Product"), all of which are protected by international copyright laws and international treaties. By installing, copying or using MAGICPREFS Product, you agree to be bound by the terms of this Agreement.
GRANT OF LICENSE. MAGICPREFS Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MAGICPREFS Product is licensed, not sold. This agreement only gives You some rights to use MAGICPREFS Product. MAGICPREFS reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use MAGICPREFS Product only as expressly permitted in this Agreement.
MAGICPREFS hereby grants you and only you the following non-exclusive, limited, non assignable, non-transferable, non-sublicensable and royalty-bearing license to use MAGICPREFS Product.
You will have certain rights to use the MAGICPREFS Product during the License Period, which shall begin on the date of Your initial installation of the MAGICPREFS Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the MAGICPREFS distributor or reseller from which You obtained the MAGICPREFS Product. The MAGICPREFS Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the MAGICPREFS Product.
You can use one copy of the MAGICPREFS Product on a single device. If a greater number of copies and/or number of devices is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the MAGICPREFS Product (Permitted Number), You shall have the right to copy the MAGICPREFS Product in accordance with such specifications;
You can make one copy of the MAGICPREFS Product for back-up or archival purposes; If the MAGICPREFS Product supports multiple platforms or languages, if you receive the MAGICPREFS Product on multiple media, if you otherwise receive multiple copies of the MAGICPREFS Product, or if you receive the MAGICPREFS Product bundled with other software, the total number of your Devices on which all versions of the MAGICPREFS Product are installed may not exceed the Permitted Number.
During the installation process, the MAGICPREFS Product may uninstall or disable other security products if such products or features are incompatible with MAGICPREFS Product.
TRIAL LICENSE. If You are a trial user, You may use MAGICPREFS Product for evaluation or testing purposes in a non-production environment for thirty (30) days from the date You download MAGICPREFS Product (the “Trial Period”). During the Trial Period, You are entitled to web or email based technical support in the country where You are located and to Updates, if applicable. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAGICPREFS PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Your right to use MAGICPREFS Product ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation Period, You must delete or destroy all copies of MAGICPREFS Product and documentation and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.
TERMS OF LICENSE. You will have certain rights to use the MAGICPREFS Product during the License Period, which shall begin on the date of Your initial installation of the MAGICPREFS Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the MAGICPREFS distributor or reseller from which You obtained the MAGICPREFS Product. The MAGICPREFS Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the MAGICPREFS Product.
If you have agreed to permit MAGICPREFS to automatically renew your subscription to MAGICPREFS Product by charging a valid credit card number which you have provided to MAGICPREFS, your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than MAGICPREFS's then-current price, excluding promotional and discount pricing. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify MAGICPREFS if your credit card is canceled (such as, but not limited to for loss or theft). If you fail to provide MAGICPREFS any of the foregoing information, you agree that MAGICPREFS may continue charging you for any subscription automatically renewed unless you inform MAGICPREFS's Customer Care department (at any local number provided by the respective MAGICPREFS entity in your region) not to renew your subscription to MAGICPREFS Product at least thirty (30) days prior to the expiration of your subscription to MAGICPREFS Product and informing them of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of MAGICPREFS Product and destroy all copies of MAGICPREFS and the Documentation.
UPGRADES. If MAGICPREFS is labeled as an upgrade, you must be properly licensed to use a product identified by MAGICPREFS as being eligible for the upgrade in order to use MAGICPREFS Product. A MAGICPREFS Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If MAGICPREFS Product is an upgrade of a component of a package of software programs that you licensed as a single MAGICPREFS Product may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and MAGICPREFS regarding the original product or the resulting upgraded product.
COPYRIGHT. All rights, titles and interest in and to MAGICPREFS and all copyright rights in and to MAGICPREFS (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into MAGICPREFS), the accompanying printed materials, and any copies of MAGICPREFS are owned by MAGICPREFS, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third Party License Terms are owned by their respective owners. MAGICPREFS is protected by copyright laws and international treaty provisions. Therefore, you must treat MAGICPREFS like any other copyrighted material. You may not copy the printed materials accompanying MAGICPREFS. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which MAGICPREFS exists. You may not sub-license, rent, sell, lease or share the MAGICPREFS license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for MAGICPREFS, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third Party License Terms, governing use of the third party software.
TECHNICAL SUPPORT. Certain technical support features may be offered by MAGICPREFS for the license term of the MAGICPREFS Product and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such Technical Support shall be provided in MAGICPREFS’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, MAGICPREFS may determine that the technical issue is beyond the scope of the Technical Support. MAGICPREFS reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
LIMITED WARRANTY. MAGICPREFS warrants that the media on which MAGICPREFS is distributed is free from defects for a period of thirty days from the date of delivery of MAGICPREFS to you. Your sole remedy for a breach of this warranty will be that MAGICPREFS , at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for MAGICPREFS. MAGICPREFS does not warrant that MAGICPREFS will be uninterrupted or error free or that the errors will be corrected. MAGICPREFS does not warrant that MAGICPREFS will meet your requirements.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MAGICPREFS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MAGICPREFS PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY HIM. MAGICPREFS HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY’S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. MAGICPREFS is acting on behalf of its suppliers and marketing partners 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. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
The MAGICPREFS Product, as provided under this Agreement, can contain features and functionalities that allows You to protect sensitive information on your device. You will be required to provide a password in order to encrypt and protect such information. You will not be able to recover the information you have encrypted if you lose or forget the password. You are aware that the level of encryption that can be used by the MAGICPREFS Product should protect your information from the average computer user; however, you acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. MAGICPREFS shall not be held responsible for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating MAGICPREFS bears all risk to the quality and performance of MAGICPREFS. In no event shall MAGICPREFS be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of MAGICPREFS, even if MAGICPREFS has been advised of the existence or possibility of such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL MAGICPREFS'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR MAGICPREFS. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test MAGICPREFS.
We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
UPDATES. By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving Updates of the Product through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving MAGICPREFS updates of signatures files.
CONSENT TO ELECTRONIC COMMUNICATIONS. MAGICPREFS may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). MAGICPREFS will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
DATA COLLECTION TECHNOLOGY- MAGICPREFS informs you that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the product or the damages resulting from the malware products.
The personal information given (name, email address, password), during initial setup, if collected, it will be used as an account name under which You may elect to receive additional services and/or under which You may use certain features of the Software. You may change and MAGICPREFS strongly recommends you, the account name at any time after installation of the Product.
You accept that MAGICPREFS may use such information as part of the services provided in relation to the product and to prevent and stop the malware programs running on your device.
By accepting this Agreement, You acknowledge and agree that the security technology used can scan the traffic in an impersonal mode to detect the malware and to prevent the damages resulting from the malware products.You acknowledge and accept that MAGICPREFS may provide updates or additions to the program or product which automatically download to your device.By accepting this Agreement, You agree to upload the executable files for the purpose of being scanned by the MAGICPREFS servers. Similarly, for the purpose of contracting and using the program, you may have to give MAGICPREFS certain personal data. MAGICPREFS informs you that it will treat your personal data in accordance with current applicable legislation and as established in its Privacy Policy.
From time to time, the MAGICPREFS Product may collect certain information from the device on which it is installed, which may include: IP, Information on potential security risks as well as URLs of websites visited that the MAGICPREFS Product deems potentially fraudulent. The URLs could contain personally identifiable information that a potentially fraudulent website is attempting to obtain without Your permission. This information is collected by MAGICPREFS for the purpose of evaluating and improving the ability of MAGICPREFS’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
- URLs of websites visited as well as search keywords and search results only if the browser toolbar feature is enabled. This information is collected by MAGICPREFS for the purpose of evaluating and advising You regarding potential threats and risks that may be associated with a particular Web site before You view it. This information will not be correlated with any personally identifiable information.
- Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to MAGICPREFS using the MAGICPREFS Product’s automatic submission function. The collected files could contain personally identifiable information that has been obtained by the malware without Your permission. Files of this type are being collected by MAGICPREFS only for the purpose of improving the ability of MAGICPREFS’s products to detect malicious behavior. MAGICPREFS will not correlate these files with any personally identifiable information. Such automatic submission function may be deactivated after installation by following the instructions in the Documentation for applicable products.
- Status information regarding installation and operation of the MAGICPREFS Product. This information indicates to MAGICPREFS whether installation of the MAGICPREFS Product was successfully completed as well as whether the MAGICPREFS Product has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the MAGICPREFS Product at the time of installation or error. The status information is collected by MAGICPREFS for the purpose of evaluating and improving MAGICPREFS’s product performance and installation success rate. This information will not be correlated with any personally identifiable information.
- Information contained in email messages that you send through the MAGICPREFS Product to MAGICPREFS to report as spam or as incorrectly identified as spam. These email messages may contain personally identifiable information and will be sent to MAGICPREFS only with your permission, and will not be sent automatically. If you send such messages to MAGICPREFS, MAGICPREFS will use them only for the purpose of improving the detection ability of MAGICPREFS’s antispam technology. MAGICPREFS will not correlate these files with any other personally identifiable information.
- Information contained in a report that You may choose to send through the MAGICPREFS Product to MAGICPREFS when the MAGICPREFS Product encounters a problem. The report includes information regarding the status of both the MAGICPREFS Product and Your device at the time that the MAGICPREFS Product encountered the problem. The status information about Your device may include the system language, and the operating system version for Your device, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the MAGICPREFS Product encountered the problem. The information could contain personally identifiable information if such information is included in, or is a part of the name of the files or folders open at the time the MAGICPREFS Product encountered the problem.
This information will be sent to MAGICPREFS only with Your permission, and will not be sent automatically. The information is collected by MAGICPREFS for the purpose of improving MAGICPREFS’s product performance or statistic information. This information will not be correlated the encountered problem and with any personally identifiable information.
- The Internet Protocol (IP) address or computer identification of the device on which the MAGICPREFS Product is installed, as well as other general, statistical information used for license administration, product analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information.
- MAGICPREFS can send actions on different applications used by you, as anonymous information to generate statistics, for providing information about the health and security of your device. The program statistics displayed are based on an average value of all the statistics submitted by MAGICPREFS users. This can assist you when making a decision about the future use or purchase of the programs. The information is anonymous collected and MAGICPREFS reserve the right to use it and publish it for rating figures, statistics and analyses.
The collected information as set out above is necessary for the purpose of optimizing the functionality of MAGICPREFS’s products and may be transferred to the MAGICPREFS Group or in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but MAGICPREFS has taken steps so that the collected information, if transferred, receives an adequate level of protection.
MAGICPREFS reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this MAGICPREFS Product. This means that MAGICPREFS may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, MAGICPREFS may share certain information with research organizations and other security software vendors.
MAGICPREFS may also use statistics derived from the information to track and publish reports on security risk trends or system optimization. By using the MAGICPREFS Product, You acknowledge and agree that MAGICPREFS may collect, transmit, store, disclose and analyze such information for these purposes. You declare that all the data that you provide will be true and accurate and undertakes to inform MAGICPREFS of any changes to said data. You have the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
In the event that you provide the details of a third-party, MAGICPREFS shall not be held responsible for complying with the principles of information and consent, and it shall therefore be you that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
In addition to MAGICPREFS Product registration information, MAGICPREFS must process and store certain information about Your network and equipment to provide Maintenance and related support services. To improve its products, MAGICPREFS may also upload information periodically from installed MAGICPREFS Product about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. The MAGICPREFS Product is not designed to capture or retain any personal or private information. You agree that MAGICPREFS may (i) use uploaded data from installed MAGICPREFS Product to improve products and services; (ii) use uploaded data for analysis or reporting purposes only if any such use does not identify You or include any information that can be used to identify any individual person. MAGICPREFS reserves the title, ownership and all rights and interest to any intellectual property or work product resulting from its use and analysis of such information.
By using the Product, you acknowledge and agree that MAGICPREFS may collect, disclose, store and analyze these information for the purposes above mentioned.
GENERAL. This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Romania. Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country. You may also have rights with respect to the party from whom You acquired the MAGICPREFS Product. This Agreement does not change Your rights or obligations under the laws of Your state or country if the laws of Your state or country do not permit it to do so.
MAGICPREFS and MAGICPREFS logos are trademarks of MAGICPREFS. All other trademarks used in the product or in associated materials are the property of their respective owners.
The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from MAGICPREFS or any resellers of MAGICPREFS as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
MAGICPREFS may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the MAGICPREFS Product distributed with the revised terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.
In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by MAGICPREFS shall prevail.
