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MALWAREBYTES ANTI-ROOTKIT BETA SOFTWARE LICENSE AGREEMENT PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE

DOWNLOADING, INSTALLING OR USING THE MALWAREBYTES ANTI-ROOTKIT BETA SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE SOFTWARE). THIS AGREEMENT DOES NOT APPLY TO MALWAREBYTES ANTI-MALWARE SOFTWARE OR ENTERPRISE EDITION SOFTWARE, WHICH ARE LICENSED UNDER A SEPARATE AGREEMENT. THE TERMS AND CONDITIONS OF THIS BETA SOFTWARE LICENSE AGREEMENT (AGREEMENT) GOVERN USE OF THE SOFTWARE UNLESS YOU AND MALWAREBYTES CORPORATION (MALWAREBYTES) HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT GOVERNING USE OF THE SOFTWARE. Malwarebytes is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By clicking on the I accept button below or by downloading, installing or using the Software, you ha e 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 ha e the authority to bind that company or other legal entity to the terms of this Agreement, and, in such e ent, you and your will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then Malwarebytes is unwilling to license the Software to you, and you must destroy all copies of the Software. . G!"#$ %& L'()#*). !onditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a non"e#clusi e and non"transferable license to $#ecute %as defined herein& each copy of the Software solely in e#ecutable form on a single computer or irtual machine %a !omputer&, solely for your personal or internal business purposes. 'nce installed onto a !omputer, the Software may be operated by any person using the !omputer, whether directly or ia remote connection. If you wish to transfer the Software to a different !omputer, you must first completely uninstall the Software from the first !omputer, then reinstall the Software on the new !omputer and re"register the Software on the new !omputer with Malwarebytes. (or purposes of this Agreement, $#ecute and $#ecution means to load, install, and run the Software locally on a single !omputer in order to benefit from its functionality as designed by Malwarebytes. +. R)*$!'($'%#*. )ou may not run the Software on a network, but must install it only on the *uantity of indi idual !omputers you are licensed for and run it locally on those !omputers %but you may install the Software onto indi idual !omputers ia upload or +push through, ia a network&. )ou may not use or make the functionality of the Software a ailable to third parties for any commercial purpose, such as for pro iding any computer repair, help desk or troubleshooting ser ice, unless you ha e each end user obtain from Malwarebytes an indi idual license for each !omputer on which the Software is run. )ou may not combine this Software with any third party script, application, hardware or tools which would cause it to run on an automated or unattended basis %but the foregoing does not prohibit you from using such functionality to the e#tent pro ided by Malwarebytes within the software&. $#cept as e#pressly specified in this Agreement, you may not- %a& copy %e#cept in the course of loading or installing& or modify the Software, including but
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not limited to adding new features or otherwise making adaptations that alter the functioning of the Software8 %b& transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party8 or %c& make the functionality of the Software a ailable to multiple users through any means, including but not limited to by uploading the Software to a network or file"sharing ser ice or through any hosting, application ser ices pro ider, ser ice bureau, software"as"a"ser ice %SaaS& or any other type of ser ices. )ou acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of indi idual modules or programs, constitute or contain trade secrets of Malwarebytes and its licensors. Accordingly, you agree not to disassemble, decompile or re erse engineer the Software, in whole or in part, or permit or authori9e a third party to do so, e#cept to the e#tent such acti ities are e#pressly permitted by law notwithstanding this prohibition. ,. O-#)!*.'/. $ach copy of the Software is licensed, not sold. )ou own the media on which the Software is recorded, but you acknowledge and agree that Malwarebytes retains ownership of the Software itself and any related data or databases used by Malwarebytes or the Software %the :atabase&, including all intellectual property rights therein. ;he Software and :atabase are protected by <nited States copyright law and international treaties. )ou will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as deli ered to you. Malwarebytes reser es all rights in the Software and :atabase not e#pressly granted to you in this Agreement. 0. U/1"$)*. (rom time to time, Malwarebytes may, but has no obligation to, pro ide updates to the Software. )ou are ad ised to update the Software regularly, or to set it to update automatically if that feature is a ailable in your ersion of the Software. Malwarebytes reser es the right to designate any updates, additional content or features as re*uiring separate payment or purchase of a separate subscription at any time and without notice to you. =othing in this Agreement entitles you to recei e any support, maintenance, updates, upgrades, content or new ersions of the Software. Malwarebytes specifically reser es the right to cease pro iding, updating, or maintaining the Software or :atabase at any time in its sole discretion. 2. T)!3. ;he license granted under this Agreement remains in effect until terminated in accordance with this Agreement. )ou may terminate the license at any time by destroying all copies of the Software in your possession or control. ;he license granted under this Agreement will automatically terminate, with or without notice from Malwarebytes, if you breach any term of this Agreement. If you sue anyone o er patents that you think may apply to the Software, your license to the Software ends automatically. Any patent rights in the Software granted by this license apply only to the Software. <pon termination, you must at Malwarebytes,s option either promptly destroy or return to Malwarebytes all copies of the Software in your possession or control. 4. P!'5"(6 P%7'(6. By entering into this Agreement you agree to the terms of Malwarebytes, pri acy policy, which can be found at www.malwarebytes.org %the >ri acy >olicy&. More information concerning what data is tracked by Malwarebytes and how it is used is a ailable in the >ri acy >olicy. Specifically, you agree that Malwarebytes may track certain information it obtains from your computer including data about any malicious software or other threats flagged by the Software, data about your license, data about what ersion of the Software you are using and what operating conditions it runs under and data concerning your geographic location. Malwarebytes will not track any personal information about your computer other than data which is specifically

related to operation of the Software. ?eographic data collected by Malwarebytes tracks country and region, but will not obtain data about your specific address. 8. N% W"!!"#$6. )'< A!@='AB$:?$ A=: A?C$$ ;DA; ;D$ S'(;AAC$ IS A B$;A >C':<!; A=: IS >C'EI:$: ;' )'< (C$$ '( !DAC?$. ;D$ S'(;AAC$ IS >C'EI:$: AS IS, AI;D'<; AACCA=;) '( A=) @I=:. MABAAC$B);$S :IS!BAIMS ABB AACCA=;I$S A=: !'=:I;I'=S, $F>C$SS 'C IM>BI$:, I=!B<:I=? B<; ='; BIMI;$: ;' A=) IM>BI$: AACCA=;I$S A=: !'=:I;I'=S '( M$C!DA=;ABIBI;), (I;=$SS ('C A >AC;I!<BAC ><C>'S$ A=: ='=I=(CI=?$M$=;, A=: A=) AACCA=;I$S A=: !'=:I;I'=S ACISI=? '<; '( !'<CS$ '( :$ABI=? 'C <SA?$ '( ;CA:$. =' A:EI!$ 'C I=('CMA;I'=, AD$;D$C 'CAB 'C ACI;;$=, 'B;AI=$: (C'M MABAAC$B);$S 'C $BS$AD$C$ AIBB !C$A;$ A=) AACCA=;) 'C !'=:I;I'= ='; $F>C$SSB) S;A;$: I= ;DIS A?C$$M$=;. )ou acknowledges and agrees that- %a& the Software is in beta form and has not been commercially released for sale by Malwarebytes8 %b& the Software may not operate properly, be in final form or fully functional8 %c& the Software may contain errors, design flaws or other problems8 %d& it may not be possible to make the Software fully functional8 %e& the information obtained using the Software may not be accurate8 %f& use of the Software may result in une#pected results, loss of data or communications, proGect delays or other unpredictable damage or loss8 %g& Malwarebytes is under no obligation to release a commercial ersion of the Software8 and %h& Malwarebytes has the right unilaterally to abandon de elopment of the Software, at any time and without any obligation or liability to Bicensee. Malwarebytes does not warrant that the Software will meet your re*uirements, that the Software will operate in the combinations that you may select for $#ecution, that the operation of the Software will be error"free or uninterrupted, or that Software errors will be corrected. Malwarebytes specifically disclaims any warranty or representation as to the Software,s ability to eliminate any specific malware or rootkit threats or the completeness of the :atabase or protection modules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he Software and :ocumentation are commercial items as that term is defined in (AC 0.3/3, consisting of commercial computer software and commercial computer software documentation, respecti ely, as such terms are used in (AC 30.030 and :(ACS 006.60/0. If the Software and :ocumentation are being ac*uired by or on behalf of the <.S. ?o ernment, then, as pro ided in (AC 30.030 and :(ACS 006.60/0"3 through 006.60/0"5, as

0I5572//3//2S(245/56.I.3

applicable, the <.S. ?o ernment,s rights in the Software and :ocumentation will be only those specified in this Agreement. <. E=/%!$ L"-. )ou agree to comply fully with all <.S. and other applicable e#port laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are e#ported or re"e#ported directly or indirectly in iolation of, or used for any purposes prohibited by, such laws and regulations. . G)#)!"7. ;his Agreement will be go erned by and construed in accordance with the laws of the State of Illinois, without regard to or application of conflict of laws rules or principles. ;he <nited =ations !on ention on !ontracts for the International Sale of ?oods will not apply. )ou agree that any claims or actions regarding this license may be brought solely in the state of federal courts located in !hicago, Illinois, and you wai e any right to challenge Gurisdiction and enue therein. )ou may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Malwarebytes,s prior written consent, and any attempt by you to do so, without such consent, will be oid. $#cept as e#pressly set forth in this Agreement, the e#ercise by either party of any of its remedies under this Agreement will be without preGudice to its other remedies under this Agreement or otherwise. All notices or appro als re*uired or permitted under this Agreement will be in writing and deli ered by confirmed facsimile transmission, by o ernight deli ery ser ice, or by certified mail, and in each instance will be deemed gi en upon receipt. ;he failure by either party to enforce any pro ision of this Agreement will not constitute a wai er of future enforcement of that or any other pro ision. Any wai er, modification or amendment of any pro ision of this Agreement will be effecti e only if in writing and signed by authori9ed representati es of both parties. If any pro ision of this Agreement is held to be unenforceable or in alid, that pro ision will be enforced to the ma#imum e#tent possible, and the other pro isions will remain in full force and effect. ;his Agreement is the complete and e#clusi e understanding and agreement between the parties regarding its subGect matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subGect matter, unless you and Malwarebytes ha e e#ecuted a separate agreement. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby reGected by Malwarebytes and will be deemed null. +. C%#$"($ I#&%!3"$'%#. If you ha e any *uestions regarding this Agreement, you may contact Malwarebytes at legalJmalwarebytes.org.

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