PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE DEEP INSTINCT PROPRIETARY SOFTWARE PRODUCT. BY USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL THE TERMS OF THIS END USER LICENSE AGREEMENT AS AMENDED BY DEEP INSTINCT FROM TIME TO TIME. THIS END USER LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE, BETWEEN YOU AND DEEP INSTINCT. IF YOU DO NOT AGREE TO THIS AGREEMENT DO NOT INSTALL AND/OR USE THE SOFTWARE IN ANY MANNER WHATSOEVER.  

1. License Grant. The Software is licensed for use according to the terms herein and is not sold. Subject to the terms herein, Deep Instinct hereby grants you a limited, personal, non-exclusive, non-transferable, non sub-licensable right to install and use the Software solely on the Device (as defined below) in which the Software was downloaded to and only for the purpose of providing you with software security services. You shall be solely responsible to ensure that the Software is properly installed and used. The term "Software" shall include the Deep Instinct proprietary software product, all third party components or code incorporated therein by Deep Instinct as well as all revisions, improvements, new releases and updates and related documentation, to the extent provided by Deep Instinct under this Agreement. Please note that the Software is designed to be used in conjunction with your personal mobile device (“Device”).  The Device shall be provided to you solely in accordance with those terms and conditions provided by such third party and Deep Instinct shall have, and does not have any obligations, rights, or liabilities with respect to your use of the Device. Please refer to the terms of use, license terms and other contractual obligation applicable to any such third party Device and Device provider. 
2. Prohibited Uses. Other than the rights explicitly granted in this Agreement, and of the sole purpose as stated in Section 1 above, you shall have no other rights, express or implied, in the Software. Without limiting the generality of the foregoing, you agree and undertake not to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the Software, or any part thereof, or otherwise transfer the Software; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the Software’s source code and or any third party software provided by Deep Instinct; (iii) modify, revise, enhance, or alter the Software; (iv) copy or allow copies of the Software to be made, unless expressly permitted herein; (v) represent that you possess any proprietary interest in the Software; (vi) use the Software in any illegal manner or for unlawful purposes.  
3. Title & Ownership. The Software is valuable property of Deep Instinct and/or its licensors and any disclosure or unauthorized use thereof will cause irreparable harm and loss to Deep Instinct and/or its licensors. All right, title and interest in and to the Software, any derivatives thereof and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to the Software, are and will remain with Deep Instinct and/or its licensors. This Agreement does not convey to you any interest in or to the Software, but only a limited right of use in accordance with the terms herein. Nothing in this Agreement constitutes a waiver of Deep Instinct's and/or its licensors’ intellectual property rights under any law.
4. Warranty Disclaimer. 

4.1. DI expressly notes that full and complete protection against any and all malicious codes of any kind is a goal it strives and works diligently to achieve. However, DI specifically and expressly disclaims any warranty regarding full or complete protection and detection of malware, harmful code or malicious code, and expressly notes that false positive detection or alerts may occur. Accordingly, and without limiting the foregoing, DI expressly disclaims any warranty and shall have no liability in the event that: (i) a false positive alert or detection has deleted any file, including but not limited to file which may be crucial or necessary for you or the operating system or environment in which the Software is installed and operates; (ii) the Software has failed to detect harmful or malicious code of any kind; (iii) a false positive alert or failure to detect a malicious or harmful code has caused damage to property.

4.2. DI shall in no way be liable to you in the event of systems or communications errors, bugs or viruses relating to the Software of resulting in loss of data by you or any other damage to your device or your ability to use it, and DI reserves the right to take any other action to correct such errors (if any) save that DI is not required to provide any back up network and/or systems or similar services. 

4.3. The warranty set forth above is exclusive and in lieu of all other warranties, express, implied or statutory, with respect to the Software or any other services provided hereunder. DI does not warrant that the Software or any Service will be delivered or shall perform error-free, as designated or intended or without interruption. In addition, due to continual development of new techniques for intruding upon/attacking devices and software, DI does not warrant that the Software or any equipment, system, or network on which the Software is used will be free of vulnerability to intrusion or attack.  

5. Limitation of Liability. in no event shall DI’s liability under, arising out of or relating to this End User License Agreement, exceed an amount of $1,000. in no event will DI be liable for lost profits, loss of use, loss of data, cost of procurement of substitute goods or services, or any other special, incidental, indirect, or consequential damages, however caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise, whether or not di has been advised of the possibility of such damages.
6. Consent for Review of Apps and Content. For the purpose of providing you the Software, and subject to the terms of this agreement and the iTunes App Store Usage Rules or the Google Play Store Terms of Use (as applicable), you hereby grant Deep Instinct, and Deep Instinct hereby accepts a: (a) non-exclusive, non-transferable, sub-licensable right, during the Term to scan, upload, review and copy, any and all potentially harmful  or malicious software located, currently or in the future,  on the Device, including but not limited to any and all applications; (b) perpetual, non-exclusive, non-transferable, sub-licensable right to save and store, currently or in the future, any and all software deemed malicious following any scan, upload or review performed by Deep Instinct under Section 6(a); and (c) non-exclusive, non-transferable, sub-licensable right, during the Term, to scan, upload and review any and all current and future files, SMS, emails or any other messages, media, recordings, or other content, in whatever form, located on the Device (“Files”). For the avoidance of doubt by using the Software in conjunction with your Device, you expressly acknowledge and agree that Deep Instinct may periodically access your Files to find and keep track of potentially harmful or malicious code. You hereby give your express consent to such access of your Files. Furthermore, you expressly acknowledge and agree that Deep Instinct may periodically scan, copy, save and store applications downloaded to your Device which are found to be harmful or malicious. You hereby give your express consent to such action with respect to the applications on your Device.
7. Privacy Policy. Deep Instinct may collect certain information and/or data about you from your use of the Software, your Device or your employer (“Information”) from whom you received a right to use the Software in accordance with the applicable Master License Agreement (the “Employer”). To the extent any such information or data, whether personal or non-personal, is collected, you hereby consent and grant Deep Instinct the right to: (i) use such Information to implement and deliver the features and services associated with the normal use of the Software and to perform its obligations hereunder; and (ii) to provide Information to the Employer to perform its obligations under the Master License Agreement. Deep Instinct shall not share such Information with any third party (other than the Employer) without your prior written consent. Deep Instinct (and/or its contractors) may collect aggregated, anonymous, statistical data and information about Devices and usage activity, provided such data and information does NOT contain any personally identifiable information (“Aggregated Anonymous Data”). Deep Instinct (and/or its contractors) may use, store, analyze, and disclose such Aggregate Anonymous Data.  You understand and agree that such Aggregate Anonymous Data shall be owned by Deep Instinct. Deep Instinct may store, for its own purposes certain files, applications or data which is identified or is suspect as malicious or infected for its own internal development and reference purposes and you hereby expressly consent to such use and storage.
8. Term and Termination. This Agreement shall commence on the date of download of the Software and is valid for as long as you use the Software (“Term”). Your failure to comply with the terms of this Agreement shall terminate your license and this Agreement. Upon termination of this Agreement: (i) the license granted to you in this Agreement shall expire and you, upon termination, shall discontinue all further use of the Software; and (ii) you shall promptly return to Deep Instinct all tangible property representing Deep Instinct's intellectual property rights and all copies thereof and/or shall erase/delete any such information held by you in electronic form. 
9. General. This Agreement constitutes the entire agreement between the parties and may not be modified except by a written agreement signed by Deep Instinct. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.  You may not assign this Agreement without Deep Instinct's prior written approval. Deep Instinct shall be entitled to assign this Agreement at its discretion. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel and only the competent courts of Tel Aviv, Israel shall have jurisdiction over any dispute arising from this Agreement. Sections and 2, 3, 4, 5, and 7 shall survive the termination of this Agreement.