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EULA

Updated: January 4th 2018

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using Windscribe VPN("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Windscribe Limited your use of Windscribe VPN indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Windscribe Limited grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Windscribe VPN in accordance with this Agreement and any other written agreement with Windscribe Limited. Windscribe Limited does not transfer the title of Windscribe VPN to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Windscribe Limited and the purchasers or users of Windscribe VPN.

If you do not agree to be bound by this agreement, remove Windscribe VPN from your computer now and, if applicable, promptly return to Windscribe Limited by mail any copies of Windscribe VPN and related documentation and packaging in your possession.

2. DISTRIBUTION

Windscribe VPN and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Windscribe VPN contact Windscribe Limited.

3.1 USER AGREEMENT - Use

Your license to use Windscribe VPN is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Windscribe VPN.

3.2 USER AGREEMENT - Use Restrictions

You shall use Windscribe VPN in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Windscribe VPN together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Windscribe VPN may be used on one single computer location by one user, unless otherwise specified. Use of Windscribe VPN means that you have loaded, installed, or run Windscribe VPN on a computer or similar device. If you install Windscribe VPN onto a multi-user platform, server or network, each and every individual user of Windscribe VPN must be licensed separately.

You may make one copy of Windscribe VPN for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Windscribe VPN . The assignment, sublicense, networking, sale, or distribution of copies of Windscribe VPN are strictly forbidden without the prior written consent of Windscribe Limited. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Windscribe VPN. If any person other than yourself uses Windscribe VPN registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 USER AGREEMENT - Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Windscribe VPN. Nor can you create any derivative works or other works that are based upon or derived from Windscribe VPN in whole or in part.

Windscribe Limited's name, logo and graphics file that represents Windscribe VPN shall not be used in any way to promote products developed with Windscribe VPN . Windscribe Limited retains sole and exclusive ownership of all right, title and interest in and to Windscribe VPN and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Windscribe VPN, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Windscribe Limited.

3.4 USER AGREEMENT - Limitation of Responsibility

You will indemnify, hold harmless, and defend Windscribe Limited , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Windscribe Limited's Software.

In no event (including, without limitation, in the event of negligence) will Windscribe Limited , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Windscribe VPN or the use or inability to use Windscribe VPN or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Windscribe Limited's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Windscribe Limited ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Windscribe Limited.

3.5 USER AGREEMENT - Warranties

Except as expressly stated in writing, Windscribe Limited makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 USER AGREEMENT - Governing Law

This Agreement shall be governed by the law of the Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 USER AGREEMENT - Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Windscribe VPN and destroy all copies of Windscribe VPN supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Windscribe VPN AS WELL.

5. CONSENT OF USE OF DATA - Governing Law

You agree that Windscribe Limited may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Windscribe VPN. The data we collect is outlined in our Privacy Policy. In addition to this, we also use the "speed ratings" (every time you rate a connection speed in our app) for troubleshooting problematic server locations and network routes. This data is anonymized and not attached to a Windscribe account. Windscribe Limited may also use this information to select the best server, provide notices which may be of use or interest to you, such as promotions, all of which will be exclusively for Windscribe's products, such as sending you a promo email when you run out of bandwidth or fail to renew a Pro account.