MALWAREBYTES SUPPORT SERVICE AGREEMENT

Malwarebytes Inc. (“Malwarebytes”) agrees to provide the Malwarebytes Business Support (“MBBS”) offering to the undersigned customer (“You” or “Your”) who has purchased MBBS based on the following terms and conditions of this Service Level Agreement (“SLA”). References herein to the “Parties” or a “Party” shall mean You and/or Malwarebytes, as applicable.

Upon the earlier of (i) your payment of the support fee (as defined below), (ii) the effective date or start date as specified in a sales order form or other applicable purchasing document (“Purchasing Document”), or (iii) your first use of the features in the MBBS offering, you consent to the terms and conditions set forth in this SLA unless you and Malwarebytes have entered into a separate signed agreement.

If you are a Malwarebytes Incident Response customer, during the term of your subscription you are entitled to MBBS under the terms and conditions of this SLA. MBBS shall be provided to you under the support response schedule found in the “For Premium Service Customers” table, below.

1. Telephone Support

Malwarebytes will provide telephone support during its business support hours to answer questions and attempt to resolve problems encountered by You with the Malwarebytes products that You have licensed (the “Software”).

You may designate up to two (2) individuals to serve as technical contacts (“Designated Support Contacts”) to communicate with Malwarebytes’ technical support representatives. You may, at any time, replace these individuals by providing written or email notice to Malwarebytes at ( corporate-support@malwarebytes.com ) .

Only the Designated Support Contacts, or their qualified substitutes during reasonable absences, may contact Malwarebytes for telephone support. The current business support hours are Monday - Friday:

2. Support Response Schedule

In the event of any problem in the use or operation of the Software, Your Designated Support Contacts will use reasonable efforts to identify and address the issue internally before contacting Malwarebytes telephone support. For issues that the Designed Support Contracts are unable to resolve, they will assign an initial severity level to such error or defect.

Upon receipt of a support request from a designated Support Contact, Malwarebytes will review the request and reserves the right to reassign the severity level at its reasonable discretion. Malwarebytes will respond to support requests in accordance with the schedule set forth below:

FOR PREMIUM SERVICE CUSTOMERS

FOR PREMIUM SILVER AND GOLD CUSTOMERS

3. Escalation

While Malwarebytes makes every effort to ensure that problems are resolved as quickly as possible, it understands that Customers’ expectations may not always be met. If for any reason the Customer is dissatisfied with their support experience or does not receive a resolution of their reported issue within a reasonable time frame, they may escalate their complaint or issue. Customers can request the current support engineer to escalate the issue to their manager. Should the issue not be resolved to the customer’s satisfaction, they can further escalate to the Manager of Technical Support (Jeff Keiderling, jkeiderling@malwarebytes.com).

4. Limitation of Support Obligations

Malwarebytes will have no obligation to provide any services under this SLA in the event that:

1. You or a third party have altered or modified any portion of the Software in any manner without the prior written consent of Malwarebytes;
2. You have not installed and/or used the Software in accordance with documentation/instructions provided by Malwarebytes;
3. You have failed to replace earlier versions of the Software with updates or new releases provided by Malwarebytes;
4. Such support relates to or involves any products, data, features, devices or equipment not provided by Malwarebytes; or
5. You are not in full compliance with the other terms of this SLA, the terms of the applicable license agreement, or any other agreement between You and Malwarebytes.
6. Fees & Payments

On the commencement of the Initial Term and/or any Renewal Terms (as defined in Term & Termination), Malwarebytes will invoice You for the annual Support Fees as set forth in the Purchasing Document, and You agree to pay all invoiced amounts in U.S. dollars within thirty (30) days of the invoice date. If You add more licenses to Your Software subscription during an existing subscription term, in addition to paying for such additional Software licenses, You agree to pay the corresponding amount of Support Fees for such added Software licenses.

5. Term & Termination

a. The initial term of this SLA will be one (1) year unless otherwise specified in the Purchasing Document (“Initial Term”). This SLA will automatically renew for additional one year (1) terms (“Renewal Term”), unless You provide written notice of non-renewal at least thirty (30) days prior to the end of any Term, in which case this SLA will terminate at the end of the Term in which such notice is provided; however all pre-paid Support Fees are forfeited. Malwarebytes may terminate this SLA upon thirty (30) days prior written notice in the event Support Fees are delinquent, or immediately if You fail to cure any material breach of this SLA within ten (10) days of written notice of such breach. This SLA will terminate automatically upon termination of your license to the Software.

b. Your Initial Term shall commence on the date the Software is delivered to You. MBBS is similar to insurance in that, when active, it is in place to help if something goes wrong and, thus, it is important that the SLA starts on the Software shipment date. Renewal Terms always start at the end of the previous SLA Term, regardless of any gap between the expiration date of the previous SLA Term and the date on which You renew the SLA.

c. MBBS can only be purchased with Your Software subscription at the time of Your initial Software purchase, subject to the following exception: You may add MBBS to a Software subscription that did not include MBBS with the original purchase, provided that, in addition to the Support Fees for the new MBBS Term, You pay the Support Fees for the time period between the Software’s original purchase and the new MBBS Term.

6. No Warranty

MALWAREBYTES’S WILL PROVIDE MBBS IN A PROFESSIONAL AND WORKMAN LIKE MANNOR. EXECPT FOR THE FOREGOING EXPRESS WARRANTY, MBBS IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. MALWAREBYTES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MALWAREBYTES OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS SLA. MALWAREBYTES DOES NOT WARRANT THAT MBBS WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED.

7. Limitation of Liability

MALWAREBYTES’ TOTAL LIABILITY TO YOU ARISING IN CONNECTION WITH THIS SLA AND/OR THE MBBS FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO MALWAREBYTES BY YOU FOR THE SUPPORT SERVICES FOR THE INITIAL TERM OR RENEWAL TERM IN WHICH THE CLAIM ARISES. IN NO EVENT WILL MALWAREBYTES 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 SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS SLA OR THE EXECUTION OR PERFORMANCE OF THE SUPPORT SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MALWAREBYTES HAS BEEN ADVISED OF OR OTHERWISE SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS SLA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. General
1. This SLA shall be subject to and governed by the laws of the State of California, without giving effect to provisions or procedures regarding conflicts of laws. Any action or proceeding related to or arising out of this SLA shall be resolved only in a court of competent jurisdiction located in the Santa Clara County, State of California.
2. In the event any provision hereof is held void or unenforceable by any court of competent jurisdiction, then such provision shall be deemed severed from this SLA and shall not affect the remaining provisions hereof.
3. This SLA is the entire agreement and understanding of the Parties with respect to the subject matter hereof, and, when executed by the Parties, supersedes all prior agreements, understandings and communications, either verbal or in writing, between the Parties with respect to the subject matter hereof.
4. Any failure by a Party to comply with any obligation, agreement or condition herein may be expressly waived in writing by the other Party, but such waiver or failure to insist upon strict compliance with such obligation, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any such subsequent or other failure.
5. This SLA shall be binding upon and shall inure to the benefit of the Parties and their respective successors, heirs, and permitted assigns.
6. Neither Party shall assign this SLA without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may assign this SLA without the other Party’s consent, to any entity that acquires all or substantially all of the business and/or assets of such Party, to any entity that acquires more than fifty percent (50%) of the equity securities of such Party, and/or to the surviving entity in a merger to which such Party is a merged entity.
7. 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 SLA are hereby rejected by Malwarebytes and will be deemed null and void.