Software License and Service Agreement

Welcome to 360 Total Security Essential!

Before using 360 Total Security Essential (the "Software"), please carefully read the terms and conditions of this Software License and Service Agreement, including the 360 Privacy Policy ( https://www.360totalsecurity.com/privacy/ , as described below) (collectively referred to hereinafter as this "Agreement"). Beijing Qihu Keji Co. Ltd. ("360," "we," or "us") is willing to license the software to you only on the condition that you accept all of the terms and conditions of this Agreement. This is a legal and enforceable contract between you and 360. By clicking "I accept" before downloading, installing, using or copying the Software, you confirm that you are at least 13 years of age, and that you agree to be bound by the terms and conditions of this Agreement. If you do not accept this Agreement, you must not download, install, use or copy this Software.

By accepting this Agreement, you acknowledge and agree that the security technology used by this Software will scan your internet usage in an impersonal mode to detect and prevent damage from malware. As used in this Agreement, "malware" is a general term to refer to software that is used or designed to gain access to private computer systems, gather private data, or disrupt computer operation, and includes computer viruses, worms, Trojan horses, backdoors, spyware, adware, and other rogue security software or malicious programs or websites.

Intellectual Property Statement

1. 360 owns and retains all right, title, and interest in and to the Software, including all copyrights and other intellectual-property rights. All intellectual property, trademark rights and patent rights in the Software and all information related to the Software, are under the protection of national or regional intellectual property laws and regulations.
2. 360 owns and retains all right, title and interest in and to use the 360 name, the logo and the product names associated with the web site and the services in connection with the Software, and does not grant you any right or license to use them except in accordance with this Agreement.
3. Except as expressly provided in this Agreement, you do not acquire any rights in the Software.

Software License

1. The Software is a free product. 360 hereby grants you and only you a limited license to download, install, use and copy the Software on a single device for non-commercial use and without limitation on number of uses. Each copy of the Software that is copied, distributed and/or transferred by you must be complete, accurate and authentic, including all of software, electronic documents, copyright and trademark related to the Software and this Agreement.
2. The Software will automatically deactivate when you uninstall the Software, and you will not be entitled to receive any feature or content update to the Software.
3. All rights not expressly granted herein are reserved by 360. You must obtain separate written approval from 360 to obtain rights not expressly granted herein. Unless applicable law gives you more rights than contained herein, you may only use the Software as expressly permitted in this Agreement.

User Conduct and Compliance with Laws

1. Use of the Software is subject to all applicable local, state, federal and international laws and regulations. You agree to comply with such laws and regulations.
2. You agree not to:
   1. use the Software for any illegal purposes;
   2. reverse engineer, decompile, disassemble or otherwise attempt to modify any internal resources of the Software or the compiled program files (including without limitation any related malware signatures and malware detection routines), or create derivative works of any of the foregoing, except to the extent that the foregoing restriction is expressly prohibited by applicable law;
   3. sell, copy or distribute the Software for any commercial purpose, including but not limited to software sales, pre-installation and software bundling, without the written consent of 360;
   4. use any parts or components of the Software separately for any purpose except as provided in this Agreement because this Software is licensed to be used as a single product;
   5. intentionally circumvent or destroy any technical measures taken to protect the Software's copyright, or delete or modify any electronic rights management data or information of the Software;
   6. intentionally mislead or deceive other people by using this Software;
   7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
   8. use the Software to improperly access a computer or mobile network or use any computer or mobile network resources without permission;
   9. use the Software to delete, modify or augment the function of any computer or mobile network without permission;
   10. use the Software to delete, modify or increase the data and/or applications stored, processed or transferred in any computer or mobile network without permission;
   11. use the Software to perform any other act intended to harm the security of any computer or mobile network; or
   12. use the Software to disrupt of the normal operation of other software on the device, the 360 website, or propagate any malware.

User Guide

1. The Software includes (but is not limited to) functions that:
   1. protect against and eliminate malware from your computer ("360 Virus Scan");
2. 360 Active Protection uses cutting-edge detection technology to prevent many different types of threats to your computer, and will send the user a report when it detects a security risk. 360 Active Protection provides:
   1. protection when a user is web browsing, watching online videos or shopping online, checking your email, conducting your frequent or default searches or setting/using your homepage ("360 Internet Protection");
   2. protection from network security vulnerabilities, the hacking of your camera or keyboard, protection for drivers, files, processes, and registries= ("360 Privacy Protection");
   3. protection when user is chatting, downloading files, inserting "USB" disks, from computer hacking and LAN protection capabilities ("360 System Protection"); and
   4. a tool to isolate suspicious programs and perform router security checks and more ("360 Sandbox")
3. 360 Internet Protection. The URLs of websites that you visit will be uploaded to 360 Cloud Security Center servers for phishing and online fraud analysis. Any Personal User Information will be removed from the URLs before they are uploaded. The information is processed with encryption before the upload. You may opt out 360 Internet Protection by unchecking the "URL filtering" option in Software settings.
4. System Protection. The Software includes System Protection. By default, the Software will automatically delete or quarantine any malware it detects to prevent damage to your computer and further spread of the malware. Pop-up windows will inform you of any deletion and quarantine unless you are in the "Do Not Disturb Mode" (described below). You may restore the automatic operation of any malware files by changing the Software's settings.
5. Silent Mode. When you are in the Silent Mode, the Software will (1) reduce usage of system resources, (2) block pop-up emergency windows, and (3) delay planned upgrading and scanning tasks, thereby reducing disturbance to games and other full-screen tasks. You may activate Silent Mode manually by setting activation conditions. You may also customize Silent Mode in the "Setting" dialog box. Your choice to enter Silent Mode shall be regarded as acceptance to automatically launch the deletion and quarantine functions under Active Protection.
6. Facebook Login. Customers may also access 360 Total Security via their Facebook account. This benefit is made possible by interfacing with the Facebook API. To access this benefit, a user must log into Facebook by entering their Facebook username and password. 360 will neither have access to nor store a user's Facebook username and password during this process.
7. Sandbox. When an application running in Sandbox, it will be isolated from operating system to ensure the safety of the both. All the files the application generated will be in Sandbox only, and will be erased when Sandbox turned off. It is recommended to backup these files if needed. If you choose to let this application always run in Sandbox, the application will automatically run in Sandbox even started outside Sandbox.
8. DUMP Files Upload. The Software will upload the DUMP files generated when Software crashes to 360 Cloud Security Center for failure analysis and quality improvement purposes. DUMP files are generated by the operating systems (e.g. Windows) when a program crashes, and contain the program execution status of the crash, including the time of crash and system information. Personal information may be included in a DUMP file, and you may opt out DUMP files upload by unchecking the "Automatically send crash reports to 360" option in Software settings.
9. The Software incorporates some functions of the document compression tool "7-Zip." This incorporation was authorized by GNU General Public License. For more details please visit the website ( http://www.7-zip.org ) The Software functions only in the supported operating systems listed on the 360 website. You may uninstall the Software when it is no longer needed. 360 disclaims any and all liability that may occur either during or after the course of uninstalling the Software.
10. Additional details about the function of the Software and how it protects your private information can be found on the 360 website ( https://360totalsecurity.com/privacy/ ).

Support Services and Upgrades

1. 360 Security Center may provide you with support services related to the Software ("Support Services").
   1. Technical Support: Certain technical support features may be offered by 360 for the Software and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. Any such technical support shall be provided in 360's sole discretion without any guaranty or warranty of any kind. 360 reserves the right to refuse, suspend or terminate any of the technical support at its sole discretion. You are solely responsible for backing up of all your existing data, software and programs before accessing any technical support.
2. Modification and Upgrade: 360 reserves the right to modify and upgrade the Software at any time with or without notifying you.
   1. The software will automatically update its malware definition database to detect and neutralize the latest malware. You agree to receive and permit 360 to download and install new updates and versions of the Software. You may customize how frequently the malware definitions database is updated in the Update Settings of the Software.
   2. Upgrades of functional modules of the Software are prompted in tips. You may choose update or not when the tips are prompted. If there is no need for the tips of Software upgrading, you may customize it in the Update Setting of the Software.
   3. The Upgrade module of the Software uses peer-to-peer ("P2P") technology to improve upgrade speed and efficiency of your bandwidth usage. The P2P technology will cause data to be uploaded, including program modules and the Software's malware definition database, which are used as components of the Software. Your private data will not be uploaded.

360 Privacy Policy

1. The Software contains neither malicious code aimed at undermining your computer data and obtaining private information nor code that tracks and monitors your computer. The Software will not (1) collect any information about use of software or documents unrelated to the Software; or (2) disclose any of your private data to any other person.
2. You agree to 360's use of your data in accordance with the 360 Privacy Policy ( https://360totalsecurity.com/privacy/ ), which is incorporated herein by reference. For information about 360's data protection and collection practices, please read the 360 Privacy Policy.

Legal Liability and Disclaimer

1. THE SOFTWARE HAS BEEN THOROUGHLY TESTED, BUT 360 CANNOT GUARANTEE THAT IT IS FULLY COMPATIBLE WITH YOUR DEVICE. IF YOU ENCOUNTER AN INCOMPATIBILITY WITH YOUR DEVICE, PLEASE CONTACT 360 SECURITY CENTER FOR TECHNICAL SUPPORT. YOU SHOULD UNINSTALL THE SOFTWARE IF THE COMPATIBILITY PROBLEM PERSISTS.
2. IN NO EVENT WILL 360 BE LIABLE FOR ANY DAMAGE TO YOU CAUSED BY ANY CONFLICTS WITH SOFTWARE PREVIOUSLY INSTALLED ON YOUR DEVICE OR BY OPERATION OF THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE DIRECT OR INDIRECT PERSONAL LOSS, LOSS OF BUSINESS PROFITS, SUSPENSION OF TRADE, LOSS OF THE BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, EXCEPT FOR THE REPAIR OF MANUFACTURING DEFECTS OF THE SOFTWARE.
3. 360 SHALL NOT BE LIABLE FOR ANY LOSSES TO YOU DUE TO A THIRD PARTY'S COMMUNICATION ERROR, TECHNICAL PROBLEM, NETWORK OR COMPUTER FAILURE, SYSTEM INSTABILITY, OR OTHER FORCE MAJEURE EVENTS.
4. IF YOU VIOLATE THIS AGREEMENT OR THE RELATED TERMS OF SERVICE, RESULTING IN ANY CLAIM, DAMAGE OR LOSS TO 360, 360 MAY TAKE MEASURES INCLUDING BUT NOT LIMITED TO DISCONTINUING THE SOFTWARE LICENSE, TERMINATING PROVISION OF SERVICES, RESTRICTING USE OF THE SOFTWARE AND/OR TAKING ANY NECESSARY LEGAL OR ADMINISTRATIVE ACTIONS.
5. 360 CANNOT GUARANTEE THAT THE SOFTWARE IS NOT INFECTED BY OR BUNDLED WITH DISGUISED MALWARE IF THE SOFTWARE IS DOWNLOADED FROM A SOURCE OTHER THAN THE 360 WEB SITE. 360 WILL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGE CAUSED BY COPIES OF THE SOFTWARE OBTAINED FROM THIRD PARTIES.
6. 360 HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENT, ADVERTISEMENTS, OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. 360 DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. 360 DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT 360 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY THEM.
8. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL 360'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
9. IF YOU ARE DISSATISFIED OR HARMED BY 360 OR ANY PORTION OF THE 360 WEB SITE, YOU MAY UNINSTALL 360'S PRODUCT, CLOSE YOUR 360 ACCOUNT OR DISCONTINUE USING THE 360 WEB SITE, AND SUCH DISCONTINUANCE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
10. As a condition of use of the Software you agree to indemnify 360, its affiliates, partners, officers, directors, employees and agents from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising from your violation of any term of this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Software.

Applicable Law and Disputes

1. The Agreement shall be governed by the law of the state of New York, excluding its conflicts of laws rules.
2. For any dispute you have with 360, you agree to first contact us and attempt to resolve the dispute with us informally. If 360 has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and 360 agree otherwise, the arbitration will be conducted in the state of New York. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that 360 will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access using the Software.
3. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 360 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous

1. This Agreement constitutes the entire agreement between you and 360 governing your use of the Software. You may also be subject to additional and separate terms and conditions that apply when you use or purchase other 360 products, services, or affiliate services, or third-party content or software.
2. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, the provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of any of the remaining provisions.
3. 360 may modify the terms of this Agreement in accordance with any changes to relevant laws and regulations, or in accordance with any changes to 360 or its business. We will notify you of all modifications to this Agreement on our webpage ( https://www.360totalsecurity.com ) and attach with the latest version of the Software. You may uninstall the Software if you do not agree to the modified content of the Website or the Network Services. Your continued use of the Software shall be regarded as your acceptance of the modification to this Agreement.
4. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you except as explicitly provided in this Agreement, but may be assigned by 360 without restriction.
5. 360 may be required to send you legal notices and other communications about the Software, services or our use of the information you provide us ("Communications"). 360 will send Communications via in-product notices or via email to the primary user's registered address, or will post Communications on the 360 web site. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on the 360 web site.