User Agreement

This User Agreement (“Agreement”) is an agreement between Aathree Software Inc., (“AATHREE”), a Texas corporation, and the party (“Customer” or “You”) purchasing ClamAvREST (“product”) incorporated herein by reference. PURCHASING Product via any marketplace (AWS Marketplace currently and other marketplaces in future) CREATES A CONTRACT BETWEEN CUSTOMER AND AATHREE, CONSISTING OF THE PRODUCT AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING AATHREE’S USAGE POLICY. YOUR USE OF THE PRODUCT CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Acceptable Use Policy

Under this Agreement, Customer shall comply with AATHREE’s then-current Acceptable Use Policy (.AUP.), as amended, modified, or updated from time to time by AATHREE, which currently can be viewed under the Policies section of this website, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. AATHREE does not have access to any data (except as provided by the marketplace to all marketplace sellers) which is generated, consumed by the product. action. Customer hereby agrees that AATHREE shall have no liability to Customer or any of Customer’s customers due to any corrective action that AATHREE may take (including, without limitation, disconnection of Services).

Indemnification

Customer agrees to indemnify, defend and hold harmless AATHREE and its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Product, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

LIMITED WARRANTY

Any performance issues or defects in the product (a) caused by factors outside of AATHREE’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of AATHREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, AATHREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND AATHREE HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO THE CUSTOMER HEREUNDER IS PROVIDED. AS IS. WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. AATHREE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.