(a) Malwarebytes for Home – Free & Paid.
If you are a Malwarebytes for Home user (or any other Malwarebytes Software intended for home use), and whether you have a free or paid license, this Section 2(a) applies. Your license permits you to use the Software solely for your personal, non-commercial purposes; the Software may not be used on any Device that is used in a business or for business purposes. Once Executed on a Device, you may transfer the Software to a different Device, provided that you uninstall and remove the Software from the first Device. 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. You may make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of your Device and retain the original for back-up or archival purposes. Notwithstanding the second sentence of this Section 2(a), if you have a business with no more than 10 total Devices, you may use the paid version of Malwarebytes for Home Software in your business for business purposes provided that your usage shall be governed by the terms and conditions of this Agreement applicable to Malwarebytes for Business users and not the terms and conditions applicable to Home users. (“Small Business Exception”). If you use the Small Business Exception, references to Malwarebytes for Business shall be read as governing your usage of the Software.
(b) Malwarebytes for Business.
If you are a Malwarebytes for Business user, and you have a trial license, your license permits you to use the Software solely for evaluation purposes, and not for production use, in such event you may only use the trial Malwarebytes Software downloaded via the business link to remediate up to five Devices for a 30 day period. If you are a Malwarebytes for Business user, and you have a paid license, your license permits you to use the Software solely for your internal business purposes. Other than the limited exception stated in the immediately following sentence, once Executed on a Device, you may not transfer the Software to a different Device, even if you uninstall and remove the Software from the first Device. During each year of your licensed subscription you may transfer Software that has been Executed on a Device to a different Device, provided that each of the following requirements are met: (a) the amount of Devices subject to transfer does not exceed 10% of your licensed Devices for such Software (“Transfer Allowance”); (b) only single transfers are permitted (the transferred Software cannot be transferred to a third Device in the same year); and (c) you have uninstalled and removed the Software from the first Device. Unused amounts of your Transfer Allowance will not carry over to subsequent subscription years. If you are a Malwarebytes for Business customer, and whether you have a free or paid license: (i) you may make a reasonable number of copies of the Software for back-up or archival purposes; (ii) the Software may only be used by your employees and consultants (“Authorized Users”), who have agreed to abide by the terms of this Agreement and who may only use the Software for the purposes of performing their job functions for you; (iii) you are responsible for the use of the Software by your Authorized Users (and their compliance with this Agreement); and (iv) once Executed on a Device, the Software may be operated by any Authorized User using the Device, directly or (where that person is providing support services to you with respect to that Device) via remote connection; provided that each such Device is running an authorized copy of the applicable Software. Other than for the sole purpose of assisting the management and administration of Software on Devices within a network, 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.
(c) Malwarebytes for Teams.
If you are a Malwarebytes for Teams user, your license shall be governed by the terms and conditions of this Agreement applicable to Malwarebytes for Business users; references to Malwarebytes for Business shall be read as governing your usage of the Software. Notwithstanding anything to the contrary in this Agreement, you are only eligible to use Malwarebytes for Teams if your business has no more than 25 Devices.
(d) Optional Software Utilities, Beta Features and Beta Releases.
From time-to-time, Malwarebytes, at its sole discretion, may make available to you optional Software, including but not limited to utilities for supporting the usage of the Malwarebytes for Home and Malwarebytes for Business Software, beta features that can be enabled within the Software, and beta releases of 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, Malwarebytes 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 Malwarebytes and may include significant issues. You acknowledge that Optional Items are likely to present risks associated with their use. Malwarebytes 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 Malwarebytes be liable for any damage arising from the use of Optional Items.
Except as specifically permitted under Section 2(g) below, 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 Malwarebytes 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.
(f) SaaS Delivery.
For Software provided through SaaS Services, Malwarebytes 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.
(g) Site License.
Malwarebytes licenses certain Software products on a Site License basis. Where you have a “Site License”, it shall be identified in the product description of the Purchase Receipt. A Site License grants you the ability to execute the Software for your internal use, in accordance with this Agreement, within the band purchased and is not limited to a fixed amount of Devices. Site License pricing is banded with bands determined by employee count. The Parties will reevaluate the Site License band at the end of the Software subscription term.
(h) 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.