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Last updated: December 6, 2024

AzireVPN Software License Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE AZIREVPN SOFTWARE THAT ACCOMPANIES THIS SOFTWARE LICENSE AGREEMENT, THE “SOFTWARE-AS-A-SERVICE” DELIVERY SERVICES (“SAAS SERVICES”) THAT MAY BE USED TO PROVIDE ACCESS TO SUCH SOFTWARE, OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).

THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT AND THE AZIREVPN ORDERING DOCUMENT YOU EXECUTED OR AGREED TO (COLLECTIVELY, THE “PURCHASE RECEIPT”) (THIS SOFTWARE LICENSE AGREEMENT AND THE PURCHASE RECEIPT COLLECTIVELY, THIS “AGREEMENT”) ARE AN AGREEMENT BETWEEN YOU AND AZIREVPN AND GOVERN USE OF THE SOFTWARE UNLESS YOU AND AZIREVPN HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT GOVERNING USE OF THE SOFTWARE.

“AZIREVPN” MEANS: (A) IF YOU ACQUIRED THE SOFTWARE IN THE UNITED STATES OR CANADA, MALWAREBYTES INC., A DELAWARE CORPORATION; OR (B) IF YOU ACQUIRED THE SOFTWARE IN ANY OTHER COUNTRY, MALWAREBYTES LIMITED, A COMPANY INCORPORATED IN IRELAND.

THIS SOFTWARE LICENSE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU ARE RESIDENT IN THE U.S., THESE AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH AZIREVPN, AND YOU SHOULD READ THEM CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND AZIREVPN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING

AzireVPN is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By clicking to accept where indicated below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then AzireVPN is unwilling to license the Software to you, and you are prohibited from using it.

1. License.

Upon payment of the associated fees, as and when such fees become due, and conditioned upon your compliance with the terms and conditions of this Agreement, AzireVPN grants you a non-exclusive and non-transferable license to Execute the number of copies of the Software for which you have paid solely in executable form on the corresponding number of Devices owned or used by you. Furthermore, you may not Execute the Software on any Device(s) running a server operating system unless it is an AzireVPN server product as reflected in its official product name or detailed in the associated official release notes. You agree that your purchases are not contingent on the delivery of any future functionality or features (including future availability of any Software beyond the current license term or any new releases), or dependent on any oral or written public comments made by AzireVPN regarding future functionality or features.

2. Restrictions.

You may not combine the Software with any third-party script, application, hardware or tools which would cause it to run on an automated or unattended basis. You may not transfer the Software to a different user, except that once installed onto a Device, the Software may be operated by any person directly using the Device (i.e., not remotely), provided that you are responsible for each such person’s operation of the Software.

3. Optional Software Utilities, Beta Features and Beta Releases.

From time-to-time, AzireVPN, at its sole discretion, may make available to you optional Software (collectively “Optional Items”). Unless a particular Optional Item includes its own separate and specific terms and conditions, this Agreement shall govern the usage of Optional Items. Conditioned upon your compliance with the terms and conditions of this Agreement, AzireVPN grants you a non-exclusive and non-transferable license to Execute the Optional Items solely in executable form and solely for your internal business purposes of supporting the Software, and in the case of beta features and releases, for evaluation purposes. Software such as Optional Items are sometimes provided by software providers as preview releases of new features and programs, as well as quick fixes for resolving specific issues. Optional Items are not fully tested by AzireVPN and may include significant issues. You acknowledge that Optional Items are likely to present risks associated with their use. AzireVPN strongly recommends that you back up all of your data prior to using such type of software from any source. Notwithstanding anything to the contrary in this Agreement, Optional Items are provided “as is”, and do not carry any warranties or maintenance or support; similarly, in no event shall AzireVPN be liable for any damage arising from the use of Optional Items.

4. Conditions with License.

You must have a license to the Software for every Device on which you operate the Software. You may run the Software on a network, provided that you have a license to the Software for each: (1) Device that the Software is Executed on; and (2) Device or user instance that can access the Software over that network that is not included in (1). You may not use on behalf of, or make the functionality of the Software available to, third parties for any purpose, such as for providing any computer repair, help desk or troubleshooting service. Except as expressly specified or permitted in this Agreement, you may not: (i) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; (iii) make the functionality of the Software available to any third party through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, SaaS or any other type of services; or (iv) use the Software for any illegal purpose or conduct. You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of AzireVPN and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software or Database (defined below), in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. You will comply with any additional restrictions contained in your Purchase Receipt or other purchasing documentation.

5. SaaS Delivery.

For Software provided through SaaS Services, AzireVPN shall use commercially reasonable efforts to make such SaaS Services available to you, subject to downtime for scheduled or emergency maintenance. You may only use the SaaS Services in connection with your access to the Software and solely for your internal business purposes.

6. Prohibited Uses.

While using the Software and/or SaaS Services you agree not to, directly or indirectly, use the Software and/or SaaS Services, or assist others in using the same for: anything unlawful or illegal; violating a third party’s rights, including privacy and property rights, and harassing others; harming, or attempting to harm, others (“Prohibited Uses”). We may suspend your account where we deem it necessary to prevent or terminate any suspected Prohibited Use or violation of law. Such suspension shall not toll or pause your license term from elapsing or entitle you to any refunds.

7. Ownership.

Each copy of the Software is licensed, not sold. For purposes of this Agreement, the terms “purchase,” “sell” and like terms refers to purchase or sale of a license to use the Software and not to a purchase or sale of title to or ownership of any rights or other interests in the Software. You own the media on which the Software is recorded, but you acknowledge and agree that AzireVPN retains ownership of the Software itself, and any related data or databases used by AzireVPN or the Software (the “Database”), including all intellectual property rights therein. The Software and Database are protected by U.S. copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you. AzireVPN reserves all rights in the Software and Database not expressly granted to you in this Agreement.

8. Updates.

From time to time, AzireVPN may, but has no obligation to, provide updates to the Software. You are advised to update the Software regularly, or to set it to update automatically if that feature is available in your version of the Software. Nothing in this Agreement entitles you to receive any support, maintenance, updates, content or new versions of the Software, unless you are a paying customer with a current subscription purchased from AzireVPN. You understand and agree that your purchase is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by AzireVPN regarding future functionality or features. AzireVPN reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate subscription at any time. AzireVPN specifically reserves the right to cease providing, updating, maintaining or supporting the Software or Database at any time in its sole discretion, in accordance with the Malwarebytes Lifecycle Policy located at https://www.malwarebytes.com/support/lifecycle.

9. Term.

The initial term of this Agreement commences on the date specified in the Purchase Receipt or applicable purchasing documentation accompanying the Software (or if no such date is specified, the date you initially Execute a copy of the Software on a Device (regardless of the number of copies of the Software that you are permitted to use in accordance with this Agreement)), and, in each case, continues for the period of time set forth in the Purchase Receipt or applicable purchasing documentation (or, if no such date is specified, for one year).

10. Termination Rights.

Either party may terminate this Agreement for cause if the other party materially breaches this Agreement and such breach remains uncured after thirty (30) days’ written notice of such breach. Furthermore, the license granted under this Agreement will automatically terminate, with or without notice from AzireVPN, if you breach any term of this Agreement. If you fail to pay the applicable license fees as specified in the Purchase Receipt or applicable purchasing documentation, your existing license to the Software ends automatically. If you assert any patents against us or any of our other customers based on use of the Software, your license to the Software ends automatically.

11. Effect of Termination.

Upon termination or expiration of this Agreement, your rights to use the Software cease. If this Agreement is terminated by you in accordance with the section 10 above, AzireVPN will refund you any prepaid fees covering the remainder of the term of all Purchase Receipts after the effective date of termination. If this Agreement is terminated by AzireVPN in accordance with the section 5(d) above, you shall pay any unpaid fees covering the remainder of the term of all Purchase Receipts to the extent permitted by applicable law. In no event will termination relieve you of your obligation to pay any fees payable to AzireVPN for the period prior to the effective date of termination. Sections 7, 11, 13, 14, 15, 16, 17, 18, and 19 of this Agreement, and any provisions which explicitly state that they shall continue, will survive any termination or expiration of this Agreement.

12. Payment Terms.

The price payable by you is the price stated in the Purchase Receipt or applicable purchasing documentation (or, if no such price is specified, the price set out in our then-current standard published price list). Our prices are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). If we issue an invoice to you, all invoices are payable within 30 days of the invoice date unless specified differently in the invoice or purchasing documentation. You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made to us, other than any taxes based on AzireVPN’s net income. All amounts are payable and charged at the beginning of the applicable subscription term. You will not receive a refund for the fees you already paid for your current subscription period.

13. Privacy and Data Protection.

AzireVPN prioritizes your privacy. As we believe in transparency about our practices, you may find out information about our privacy practices at: https://www.azirevpn.com/legal/privacy-policy. If our privacy practices change, we will update the Privacy Policy with the updated date or make some other communication with you about the change.

14. Limited Warranty; Disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (a) THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8 IS EXCLUSIVE AND LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED; AND (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8, AZIREVPN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AZIREVPN OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. AZIREVPN DISCLAIMS ALL WARRANTIES OF ANY KIND, INDEMNITIES, OBLIGATIONS, AND OTHER LIABILITIES IN CONNECTION WITH ANY INTEGRATION WITH THE SOFTWARE. AzireVPN does not warrant that the Software will meet your requirements, that the Software will operate in the combinations, on the operating system or in the environments that you may select for Execution, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected. AzireVPN specifically disclaims any warranty or representation as to the Software’s ability to eliminate any specific malware threats or the completeness of the Database or protection modules. You are solely responsible for the data, software and other content carried on your Devices and for backing-up your data, software and other content.

15. Limitation of Liability.

AZIREVPN’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO AZIREVPN BY YOU FOR THE APPLICABLE SOFTWARE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL AZIREVPN BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT AZIREVPN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions 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.

16. Export Laws.

You agree to comply fully with all U.S. and other applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto, nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

17. Agreement to Arbitrate – U.S. Residents.

  • a. Agreement to Arbitrate:

    If you are a U.S. resident, you and AzireVPN agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Software (collectively,"Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide AzireVPN with written notice of your desire to do so by email to legal@malwarebytes.com within 30 days following the date you first purchase or obtain the Software (such notice, an “Arbitration Opt-out Notice”). If you don’t provide AzireVPN with an Arbitration Opt-out Notice within the 30 day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Client with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Client with an Arbitration Opt-out Notice, you acknowledge and agree that you and AzireVPN are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and AzireVPN otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section will be deemed void. Except as provided in the preceding sentence, this Section will survive any termination of this Agreement.

  • b. Arbitration Rules:

    The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

  • c. Arbitration Process:

    A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

  • e. Arbitrator’s Decision:

    The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of Section 9 (“Limitation of Liability”) as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. AzireVPN will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

  • e. Fees:

    Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, AzireVPN will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

18. Feedback; Marketing.

If you provide any ideas, suggestions, or recommendations regarding the Software or the Database (“Feedback”), AzireVPN will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind. By providing Feedback, you grant AzireVPN a worldwide, perpetual, irrevocable, sublicensable, fully paid and royalty-free license to use and exploit in any manner such Feedback.

19. General

Except as set forth below, each party agrees to the governing laws and the exclusive jurisdiction, without regard to choice or conflicts of law rules, based on your domicile as shown in the table below:

Your Domicile
Governing Law
Exclusive Jurisdiction
United States or Canada
Delaware Law
If you are a U.S. resident, Section 12 (“Agreement to Arbitrate – U.S. Customers”) applies. If you are not a U.S. resident, the state of federal courts located in the Northern District of California
Europe, the Middle East, or Africa
Irish
The courts located in Dublin, Ireland.
Asia and Oceania
Singapore
The courts located in Singapore.

You may not assign or transfer this Agreement, or any rights granted hereunder, by operation of law or otherwise, without AzireVPN’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by email (we will email you at the email address you provided us when you initially purchased your license), and in each instance will be deemed given upon receipt. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and AzireVPN have executed a separate agreement. Any terms or conditions contained in your purchase order or other purchasing document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by AzireVPN and will be deemed null. You acknowledge that AzireVPN is not a Business Associate or subcontractor (as those terms are defined in Health Insurance Portability and Accountability Act commonly referred to as ‘HIPAA’) or a payment card processor and that the Software, SaaS Services, and any services provided may not be HIPAA nor PCI DSS compliant.

20. Contact Us.

If you have any questions regarding this Agreement, you may contact us at legal@malwarebytes.com.