The Unarchiver Terms of Use
ACCEPTANCE OF TERMS
Unarchiver is a free downloadable software application for macOS devices that allows You to unpack archive files / extract contents from archived files. (“Software”).
These Terms of Use (the “Terms”) constitute an agreement between the user (“You”) and MacPaw Way Ltd., registration number 428214, or our affiliates (“MacPaw”, “we” or “us”). You agree to be bound by these Terms any time You use the Software. Therefore, by using the Software, You expressly accept and agree to comply with these Terms. "Use" or "using" means to access, download, install and/or use the Software. If You do not agree to these Terms, do not use the Software. Each time You use the Software, the current version of these Terms will apply.
Your use of the Software is also subject to our Privacy Policy incorporated into these Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
We may need to update these Terms to keep pace with changes in Software, activities, and laws applicable to us and You. We will, however, always maintain our commitment to respect Your privacy. We will notify You of any material changes that impact Your rights under these Terms. We recommend that You periodically check these Terms to stay informed of any changes.
Please note that Your continued use of the Software after any change means that You agree with and consent to be bound by the new Terms.
If You disagree with any changes in these Terms, You will need to stop using the Software.
You can contact us anytime through the contact data provided in these Terms.
THESE TERMS CONTAIN “WARRANTY DISCLAIMER” SECTION, “LIMITATION OF LIABILITY” SECTION, AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION).
If You have questions regarding these Terms, please contact us:
MacPaw Way Ltd.
6 Maximou Michailidi Str, Maximos Plaza Tower 3, 4th floor, Flat/Office 401, 3106, Limassol, Cyprus
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY STOP USING THE SOFTWARE.
USE OF SOFTWARE & AGE RESTRICTIONS
You use the Software at Your own risk and responsibility and are solely and exclusively responsible for the use of the Software. We will not be liable for any of Your actions done using the Software.
The Software is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Those who choose to use the Software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Software, You confirm that You are at least 18 years old (or if You are between 13 and 17 years old, inclusive, that You are using the Software only with the approval of Your parent or guardian), that You are legally able to enter into this agreement, and that You have read, understand and agree to be bound by this agreement.
INTELLECTUAL PROPERTY RIGHTS & LICENSE
Unless otherwise indicated, the Software is our proprietary property, and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics at the Software (collectively, "Content") including but not limited to the structure, selection, coordination, expression, "look and feel" and arrangement of such Content, and the trademarks, service marks, and logos contained therein ("Marks") are owned or controlled by us or licensed to us, and are protected by law. The Content and the Marks are provided at the Software "AS IS" for Your information and personal use only.
Except as expressly provided in these Terms, no part of the Software and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that You are eligible to use the Software, we grant You a revocable, non-exclusive, non-transferable, limited right to install and use the Software on wireless electronic devices owned or controlled by You, and to access and use the Software on such devices strictly in accordance with these Terms.
The license granted to You for the Software is limited to a license to use the application on a device that utilizes the iOS operating system and in accordance with the usage rules set forth in the applicable App Store terms of service.
USER REPRESENTATIONS
By using the Software, You represent and warrant that:
- You have the legal capacity, and You agree to comply with these Terms;
- You will not access the Software through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Software for any illegal or unauthorized purpose; and
- Your use of the Software will not violate any applicable law or regulation.
If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Software (or any portion thereof).
TERM & TERMINATION
These Terms shall remain in full force and effect until terminated. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SOFTWARE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SOFTWARE, WITHOUT WARNING, AT OUR SOLE DISCRETION.
In addition, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination shall survive termination.
GOVERNING LAW & JURISDICTION
Unless otherwise required by law in Your country of residence, these Terms (and any non-contractual dispute/claim arising out of or in connection with them) shall be governed by the laws of the Republic of Cyprus, excluding its conflict of law principles.
You and MacPaw further consent to the exclusive jurisdiction of the courts of the Republic of Cyprus for the purpose of settling any dispute, claim, or controversy arising out of or in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection with in connection therewith), except where applicable law allows You to choose to bring legal proceedings in Your country of residence, or we are required to bring legal proceedings only in Your country of residence.
If You are a resident of the European Union
Nothing in these Terms shall deprive You of the protection afforded to consumers by the mandatory rules of law of the country in which You live.
If You have a complaint, please contact us at [email protected]. If You feel Your complaint is not adequately addressed, You may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that You can access through http://ec.europa.eu/odr. Other than as set out in the Terms, MacPaw does not participate in any alternative dispute resolution scheme.
You may bring any dispute that may arise under these Terms to the competent court of Your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any such a dispute. MacPaw shall bring any dispute which may arise under these Terms to the competent court of Your country of habitual residence.
CLASS ACTION WAIVER
WHERE PERMITTED BY APPLICABLE LAW, YOU AND MACPAW AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER, BUT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS OR CLASS ACTION. Unless both You and MacPaw agree, no arbitrator or judge may consolidate more than one person's claims or otherwise rule on any form of a collective or class action.
WARRANTY DISCLAIMER
You may have legal rights in Your country of residence which would prohibit the following limitations from applying to You, and where prohibited, they will not apply to You. To find out more about rights, You should contact a local consumer advice organization.
YOU EXPRESSLY AGREE THAT THE SOFTWARE IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SOFTWARE, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SOFTWARE, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, (VI) WARRANTIES RELATING TO COMPATIBILITY OF SOFTWARE WITH PARTICULAR OPERATION SYSTEMS AND THEIR UPDATES, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SOFTWARE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL MACPAW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third-party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from Your information, use of the Software, or Your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against any Indemnitee provided that You will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.
COMPLETE AGREEMENT AND SEVERABILITY
These Terms constitute the entire agreement between You and MacPaw relating to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of these Terms is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in Your jurisdiction. If any term or provision of these Terms is declared void or unenforceable in a particular situation by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible, the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Terms.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Software, sending us emails, and completing online forms constitute electronic communications, You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and at the Software, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SOFTWARE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
EXPORT CONTROL AND SANCTIONS
Software may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that You are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, You agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from MacPaw under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
ALLOCATION
MacPaw may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license Your rights under these Terms, to any third party.
