PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE MALWAREBYTES SECURE BACKUP SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).
THE TERMS AND CONDITIONS OF THIS 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 have indicated that (i) you understand this Agreement and accept all of its terms; and (ii) you are over the age of 18 and have the capacity to bind yourself to the terms of this Agreement. 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 Malwarebytes is unwilling to license the Software to you, and you must return the Software to Malwarebytes for a full refund, if you have paid for the license to the Software, or, if Malwarebytes has made the Software available to you without charge, you must destroy all copies of the Software. Your right to return the Software for a refund expires 30 days after the date of purchase.
1. Grant of License. Conditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a limited, personal, non-exclusive and non-transferable license to Execute (as defined herein) each copy of the Software solely in executable form in connection with your paid subscription to a Malwarebyes Secure Backup account, solely for your personal or non-commercial internal business purposes. For purposes of this Agreement, “Execute” and “Execution” means to load, install, and run the Software locally in order to benefit from its functionality as designed by Malwarebytes and its licensors. See also the additional provisions regarding Business Licenses, Managed Service Provider Licenses, and other specialty licenses set forth in Addendum 1 to this Agreement, which are incorporated herein by reference.
2. Restrictions. You may not use the Software in a manner or for a purpose for which the Software is not intended or designed. You may not use or make the functionality of the Software available to third parties for any commercial purpose, such as for providing any computer repair, help desk, backup or troubleshooting service, unless each end user has an active, paid subscription to a Malwarebytes Secure Backup account. You 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 extent provided by Malwarebytes). Except as expressly specified in this Agreement, you may not, directly or indirectly: (a) 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; (b) sell, transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; (c) alter, change, repurpose or modify the Software; (d) except as explicitly permitted herein, make the functionality of the Software available to multiple users 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, software-as-a-service (SaaS) or any other type of services; (e) prepare derivative works, improvements or intellectual property based on the Software; (g) use the Software for any unlawful, immoral, unethical or unreasonable purpose or activity; or (h) cause or intend the Software to be used in any way or manner that may violate the intellectual property or other personal rights (including, but not limited to, privacy rights and ownership rights) of any other person or entity. You may not operate, use or access the Software in any jurisdiction or territory where it is prohibited by applicable law, rule or regulation. 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, reverse engineer or attempt to derive source code from the Software, 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. Failure by you to duly comply with applicable laws, rules and regulations regarding copyrights, patents and other intellectual property and personal rights may subject you to both civil and criminal liability, including (without limitation) possible fines and incarceration, and Malwarebytes will not be responsible for any breaches by you of this Agreement or violations by you of any applicable law, rule or regulation. If, for any reason, you are uncertain about your rights (if any) to copy, distribute or use any material, you should contact an attorney and obtain legal advice regarding the same. At any time during the Term or thereafter, Malwarebytes shall have the right to audit your use of the Software and compliance with the terms and conditions of this Agreement.
3. Ownership. Each copy of the Software is licensed, not sold. You 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 “Database”), including all intellectual property rights therein. The Software and Database are protected by United States copyright law and international treaties. You will not delete, remove or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you. Malwarebytes reserves all rights in the Software and Database not expressly granted to you in this Agreement. Except as expressly and specifically set forth herein under the section “Grant of License” above, nothing in this Agreement is intended to grant any rights (including, without limitation, under or with respect to any patent, mask work right, copyright, trademark, title, interest in products or trade secret of Malwarebytes) to you. All such rights shall remain the sole and exclusive property of Malwarebytes and its licensors and you shall gain no interest, right or title therein by entering into or performing this Agreement or using the Software. Further, nothing contained on or through the Software, or in this Agreement, should be construed as granting (whether express, by implication, estoppel or otherwise) any license or right to you to use any intellectual property, trademarks, copyrights or other proprietary information displayed on or through the Software. The absence of a product or service name or logo anywhere in the text of the Software does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo. UNDER NO CIRCUMSTANCES WHATSOEVER MAY YOU, DIRECTLY OR INDIRECTLY, REVERSE ENGINEER, DECOMPILE, OR OTHERWISE ATTEMPT TO DECIPHER THE SERVICE, SOFTWARE OR ANY OTHER ASPECT OF MALWAREBYTES’ TECHNOLOGY, INTELLECTUAL PROPERTY, PRODUCTS, SERVICES OR PROPRIETARY INFORMATION.
4. Updates. In its sole and absolute discretion, Malwarebytes may (but shall be under no obligation to do so), from time to time, offer fixes, updates, and upgrades to you, including, but not limited to, new versions of the Software While Malwarebytes may offer such items, Malwarebytes is not required and is under no obligation to provide any maintenance or services to you, including (without limitation) any support, updates, enhancements, or other modifications to the Software. Unless explicitly stated otherwise in writing, the terms of this Agreement will govern any software or service fixes, updates, or upgrades provided by Malwarebytes that replaces, modifies or supplements the Software. Malwarebytes may also choose to make any fixes, updates or upgrades available by automatic download, wherefore you are hereby deemed to accept fixes, updates or upgrades upon your automatic download of the same.
5. Term. The license granted under this Agreement remains in effect for a period of one (1) year from the date of purchase unless otherwise agreed in a separate writing between you and Malwarebytes. You may terminate this Agreement at any time by notifying Malwarebytes of your subscription cancellation and destroying all copies of the Software in your possession or control. The 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 over 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. Upon any termination or expiration of this Agreement, any and all provisions and obligations, which are of a continuing nature or intent, shall survive, including (without limitation) the sections titled Ownership, Indemnification and Limitation of Liability. Furthermore, in the event that this Agreement terminates or expires for any reason, you must immediately discontinue any and all use of the Software and related services and destroy, delete, or uninstall any and all copies of the Software in your possession, whether on your computer or on any media or otherwise. Following termination or expiration of the Agreement, Malwarebytes may, in its sole and absolute discretion, choose to at any time erase, destroy, permanently delete any and all of your data, materials, content, information and files stored with, transmitted, or backed up through Malwarebytes.
7. Representations and Warranties.
7.1 You. You hereby expressly represent, warrant, covenant and agree that: (a) you have full capacity, right and authority to enter into and perform this Agreement; (b) your use of the Software will not, directly or indirectly, infringe (in whole or in part) any intellectual property rights, including, but not limited to, patent, copyright, trademark, trade secret, mask work or other intellectual property rights, personal or privacy rights of any third party or Malwarebytes; (c) your use of the Software will in all manners and respects comply with any and all applicable laws, rules and regulations; (d) your use of the Software will not in any manner, directly or indirectly, disparage, defame, discredit or harm Malwarebytes or its reputation or goodwill; (e) your entry into this Agreement and/or use of the Software hereunder does not breach any of your obligations to any third party, breach any contract or agreement or violate any applicable rule, law or regulation; (f) your entry into this Agreement and use of the Software is for a bona fide purpose and you are not using the Software to resell any services or software or distribute or otherwise use the services or software for an improper, illegal, immoral or unethical purpose; and (g) you will only use the Software in compliance with the highest standards and prevailing best practices regarding use of the same.
7.2 Malwarebytes. Malwarebytes warrants that, for thirty (30) days following the date of purchase (or delivery, if Malwarebytes has made the Software available to you without charge), the Software will perform in all material respects in accordance with the Software specifications as described on our website at http://www.malwarebytes.org. As your sole and exclusive remedy and Malwarebytes’ entire liability for any breach of this limited warranty, Malwarebytes will at its option and expense promptly correct or replace the Software so that it conforms to this limited warranty. Malwarebytes does not warrant that the Software will meet your requirements, that the Software will operate in the combinations 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. The warranty set forth in this Section 7.2 does not apply to the extent that Malwarebytes provides you with the Software (or portions of the Software) for beta, evaluation, testing or demonstration purposes.
8. Malwarebytes Warranty Disclaimer. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. MALWAREBYTES DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT THE SOFTWARE MAY NOT CONFORM TO, OR MEET WITH, ANY OR ALL APPLICABLE REQUIREMENTS OF THE SARBANES-OXLEY ACT OF 2002 (AS AMENDED), THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) (AS AMENDED), THE GRAMM-LEACH-BILEY ACT (AS AMENDED) AND OTHER LAWS, RULES AND REGULATIONS OF THE UNITED STATES OR ANY FOREIGN JURISDICTION. MALWAREBYTES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE ORS ITS COMPLIANCE (OR LACK THEREOF) WITH THE AFOREMENTIONED LAWS OR ANY OTHER LAWS, RULES OR REGULATIONS. SPECIFICALLY, BUT WITHOUT LIMITATION, MALWAREBYTES DOES NOT WARRANT THAT: (1) THE INFORMATION, SERVICES, MATERIALS OR CONTENT IN THE SOFTWARE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED IN THE SOFTWARE (OR ACCESSIBLE THROUGH THE SOFTWARE) WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR (3) ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT IN CONNECTION WITH THE LIMITED WARRANTY SET FORTH IN SECTON 7.2, YOU HEREBY ACKNOWLEDGE THAT USE OF THE SOFTWARE IS AT YOUR SOLE AND ABSOLUTE RISK IN YOUR OWN DISCRETION. Malwarebytes does not warrant that the Software will meet your requirements, that the Software will operate in the combinations 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. Malwarebytes 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. Except in connection with the limited warranty set forth in Section 7.2, SHOULD THE SOFTWARE PROVE DEFECTIVE OR ERRONEOUS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION AND WE WILL HAVE ABSOLUTELY NO LIABILITY WITH RESPECT THERETO. You acknowledge and agree that the Software may fail at any time, may not operate error-free, may be interrupted by power failure or otherwise, may be down for maintenance or troubleshooting, and may be subject to delays, disruptions, denial of service attacks, malfunction or other problems. Further, you acknowledge and agree that the Software may fail to meet your needs. You agree that you will maintain a primary electronic file of your data and materials and will not use the Software as a substitute therefor.
10. Limitation of Liability. MALWAREBYTES’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO MALWAREBYTES BY YOU FOR THE SOFTWARE. IN NO EVENT WILL MALWAREBYTES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION, PROFITS OR REVENUES 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 MALWAREBYTES 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.
11. Legal and Regulatory Compliance. You agree to comply, at your sole and own expense, with any and all applicable laws, ordinances, regulations and codes, including (without limitation) the identification and procurement of required permits, certificates, licenses, insurance, approvals and inspections, needed as a result of or in connection with this Agreement. You will immediately report to us any and all suspected or actual violations of the Agreement by others that you are aware of (or should be aware of, based upon the circumstances). Malwarebytes may be subject to regulation by agencies of the government of United States of America and/or foreign governments, including, but not limited to, the United States Department of Commerce, which prohibit export or diversion of certain technical products to certain countries. You represent and warrant that you will comply in all respects with the applicable rules and regulations of any and all agencies of the governments of the United States of America and any and all foreign governments that are applicable to your use of the Software and your performance of this Agreement.
12. Export Law. 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.
13. Third Party Items. If you elect to purchase, download, install or use any Third-Party Items, please be advised that all such software, services and activities are subject to the terms and conditions of a separate end-user license agreement (or similar agreement) between you and such third party that is the manufacturer, reseller, or proponent of such Third-Party Item. Malwarebytes is in no way responsible for, and makes no representation or warranties with respect to, any Third-Party Items. Furthermore, Malwarebytes will not be responsible or have any liability whatsoever for any damages that you incur with respect to Third-Party Items. YOU ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE TERMS AND CONDITIONS OF ANY END-USER LICENSE AGREEMENT (OR SIMILAR AGREEMENT) WITH RESPECT TO ANY THIRD-PARTY ITEMS. For the purposes of the Agreement, “Third Party Items” shall mean software, services, activities, content, materials, documents, graphics, products, goods or all such items made available, sold, offered or provided by a third person or entity (i.e. other than Malwarebytes) to you. Third Party Items may be used, obtained or accessed (without limitation) by users independently (and with no assistance or connection from Malwarebytes), directly through the Software or by links presented by or through Malwarebytes or the Software.
14. General. This Agreement will be governed 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. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply. You expressly agree that any controversy, dispute or claim (“Litigation”) arising out of, relating to, or in connection with, this Agreement or the Software, or the alleged breach thereof, or relating to our activities or services or to us otherwise under this Agreement, shall be settled by confidential binding arbitration in Chicago Illinois, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction. Any claim or cause of action by you arising out of or related to your use of the Software, or otherwise with respect to this Agreement, must be filed by you or commenced within one (1) year after such claim or cause of action arose, or be forever barred. In the event of any Litigation, both parties expressly and irremovably consent to the exclusive venue and personal jurisdiction in Chicago, Illinois. In the event of any Litigation arising from, related to or in connection with this Agreement or the Software, the prevailing party thereof shall be entitled to recover its reasonable expenses, including (without limitation) attorneys’ fees and the costs of litigation and arbitration. The agreement to arbitrate in this paragraph shall not prevent Malwarebytes from seeking redress in any court of competent jurisdiction to protect its Proprietary Information or intellectual property, nor shall it prevent either party from enforcing this agreement to arbitrate or enforcing any judgment in any court of competent jurisdiction. The rights and remedies of Malwarebytes under this Agreement are cumulative and may be exercised singularly or concurrently in each and every instance. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Malwarebytes’ 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 confirmed facsimile transmission, by overnight delivery service, or by certified mail, 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. 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. Malwarebytes will not be liable for any failure to perform acts due to causes beyond its control (including, without limitation, electrical outage, Internet Service Provider downtime, power failure, fire, flood, strike, civil disturbance, terrorism, war or Acts of God). If any such circumstances occur, Malwarebytes shall use commercially reasonable efforts to attempt to provide reasonable notice to you of the same. The time for Malwarebytes to perform hereunder will be extended for a period of time equal to the duration of the delay or default caused thereby. Nothing in this Agreement will be construed to constitute an agency, partnership, joint venture or employer-employee relationship between the parties. Neither party has the power, and will not hold itself out as having the power, to act for or in the name of, or to bind, the other party. Nothing contained in this Agreement should be construed to give either party the power to direct or control the day-to-day activities of the other party. 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 Malwarebytes have executed 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 rejected by Malwarebytes and will be deemed null.
15. Equitable Relief. Notwithstanding anything to the contrary in the section “General” above, you expressly agree that any use of the Software by you that violates or is inconsistent with the terms of this Agreement (in whole or in part) may: (i) cause Malwarebytes irreparable damage and injunctive, and (ii) equitable or injunctive relief (including, but not limited to, specific performance) may be necessary to protect our rights or interests. Accordingly, you agree that Malwarebytes may in any such instance, in its sole and absolute discretion and judgment, request any suitable injunctive or other equitable relief from any court of competent jurisdiction (without posting any bond) and that you will not assert any objection thereof (including, but not limited to, a claim that such relief is inappropriate or that the harm alleged by Malwarebytes is not irreparable).
16. Non-Circumvention. You hereby expressly agree that during the term of this Agreement and for a period of one (1) year thereafter, you will not, directly or indirectly, attempt to or actually circumvent this Agreement or its purpose or intent.
17. Third Party Beneficiaries. You acknowledge and agree that InfraScale, Inc. dba SOS Online Backup is a third party beneficiary of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement directly against you as a third party beneficiary of this Agreement as set forth herein.
18. Contact Information. If you have any questions regarding this Agreement, you may contact Malwarebytes at firstname.lastname@example.org.
This Addendum 1 is incorporated into and made part of the Malwarebytes Secure Backup Software License Agreement. You may install the number of copies of the Software that you have purchased on a corresponding amount of computers owned or used by your entity, which are owned by employees, contractors or other agents of your entity. The Specialty Licenses described below do not permit any resale or sublicensing of rights granted under the applicable license agreement, and you agree that you will not resell, redistribute, or permit third parties to use the Software:
Educational License. If you purchased the Software at a reduced price because you are a school or other educational institution, or if your purchasing documentation states that you are purchasing an Educational License, then you agree to use the Software solely for educational purposes. Educational purposes are limited to use that furthers the educational goals of your institution.
Not-for-Profit License. If you purchased the Software at a reduced price because you are a Not-for-Profit institution under US IRS Provision 501(c) or similar legislation, or if your purchasing documentation states that you are purchasing a Not-for Profit License, then you agree to use the Software solely in the furtherance of your Not-for-Profit purposes. Not-for-Profit purposes are limited to use that furthers the Not-for-Profit goals of your institution.
Government License. If you purchased the Software at a reduced price because you are a government agency, or if your purchasing documentation states that you are purchasing a Government License, then you agree to use the Software solely for government use. The Software and Documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software and Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software and Documentation will be only those specified in this Agreement.
Business License. If you purchased the Software as a corporation or if your purchasing documentation states that you are purchasing a Business License, you may only use the number of copies of the Software which you have paid for. Each copy of the Software may be uploaded onto only one Computer unless otherwise specified in the purchase documents you executed for the Software. You may not run the Software on a network, but must install it on only on the quantity of individual Computers you are licensed for and run it locally on those Computers (but you may install the Software onto individual computers via upload or ‘push through’ via a network).
Managed Service Provider (“MSP”) License. If you purchased the Software as a managed service provider or if your purchasing documentation states that you are purchasing a Managed Service Provider License, then you may additionally distribute and use the Software to provide services to third parties, provided that each end user purchases and maintains in good standing, a paid subscription to a Malwarebyes Secure Backup account and you pay the applicable license fees set forth in your purchasing documentation or other agreement with Malwarebytes.