Panda Cloud Protection distribution permissions and end-user license agreement
Please read the following license agreement carefully before using this program. By accepting the agreement, you are agreeing to become the licensee and expressing your complete acceptance of all the terms and conditions of this license agreement. If you do not accept the terms of the agreement, do not install the program. Similarly, use of the program implies your acceptance to be bound by the terms and conditions of this license agreement.
This license agreement represents the entire agreement between you and PANDA SECURITY, S.L. (hereinafter PANDA). Similarly, and where permissible under applicable legislation, the terms and conditions of the present license agreement shall take precedence over any communication or advertising material in the event that such material contradicts any of said terms and conditions or where such material predates this license agreement.
The acceptance of the terms and conditions of this agreement does not confer any rights of ownership not specified in this agreement over the program belonging to PANDA or its software suppliers.
1.- LICENSE GRANT.- By means of the present agreement, PANDA grants you a non-exclusive and non-transferable license to use the program and documentation for the contracted period in accordance with the terms and conditions established herein.
In the case of evaluation versions, you may only use this version for the period indicated by PANDA. Written permission must be granted by PANDA in order to extend this period. Notwithstanding the terms of the license agreement, PANDA shall not offer any guarantee with respect to evaluation versions of the program, which, in respect to the present agreement, are delivered “as is”.
Promotional versions of a product may only be installed one time only and on no more than one computer. Similarly, no more than one promotional version of the same product may be installed on a computer at any one time.
An OEM version can only be sold with hardware according to the requirements defined by Panda. Consequently, Panda reserves the right to disable or block OEM versions should it detect that these requirements have not been complied with.
In the case of subscription versions, if the monthly or periodic subscription fees are not paid, or when the subscription period has expired, you will lose the rights to access the services associated with the program.
This license agreement grants you the right to use the program in as many computers and/or servers as licenses bought. In the case of products with multiple licenses, the service period shall commence for all licenses from the moment that the first one is activated.
In network environments, licenses must be acquired for a maximum number of computers connected to the server or maximum number of users connected to the server. The number of users or computers connected to the server must not exceed the number of licenses contracted, as specified in the License Certificate of this program (where provided).
In the case of computers not connected to a network, licenses must be acquired for each computer on which you install the program. The number of computers on which the product is installed must not exceed the number of licenses contracted, as specified in the License Certificate of this program (where provided).
In both the above cases, the license is only applicable to the program contracted, as specified in the License Certificate (if the program includes this certificate).
2.- INTELLECTUAL PROPERTY.- This program, as well as any corresponding documentation or information, is the exclusive property of PANDA and/or its suppliers of software. PANDA or its suppliers of software own all intellectual property rights and copyrights pertaining to the programs, documentation or any other work, program or product given to you by PANDA as part of this agreement.
PANDA authorizes the use of its programs and products in comparative reviews provided that these are objective and carried out in good faith and in accordance with accepted or customary industry practices. These reviews may only be carried out using the latest versions of the programs and products concerned.
3.- BACKUP COPY. This license agreement authorizes the creation of one backup copy of the contents of the CD-ROM or files downloaded from the Internet, provided that such copy contains all software property rights notices.
4.- MODIFICATIONS TO PRODUCTS AND SERVICES.- You acknowledge and accept that during the contracted period, and in order that PANDA products adapt to technological advances and improve accordingly, PANDA may cease to develop the program or product contracted in favor of others. In such circumstances, you may choose another program or product in accordance with PANDA’s product migration policy. In this event, you agree to accept the conditions of such policy and adapt your computer accordingly should it be necessary. Migration to the new program or product may or not be free of charge depending on the resources that PANDA has dedicated to the research and development of the new programs or products and the extent to which they differ from the programs or products replaced.
You also accept that during the contracted period, PANDA may change or modify the services in order to adapt to the aforementioned technological advances.
You agree to accept these changes without demanding any compensation whatsoever. PANDA shall notify you of any such changes.
Similarly, when the contracted period has elapsed, in cases of product and service renewal, you are aware that the services and/or characteristics of the program may have been modified to adapt to technological advances and that therefore you would have to change to a new program or product version according to the policy established by PANDA.
If you change to a new version or new PANDA program or product to update a previous version, the updated version, program or product is the only one you have the right to use, accepting exclusively the terms and conditions applicable to all documentation, material and specifications corresponding to the new version, program or product. You are obliged in such cases to delete any material corresponding to the previous version.
By accepting this license agreement, you accept all such modifications to the services and characteristics of the program. Please check all such modifications before accepting this license agreement.
5.- DATA COLLECTION TECHNOLOGY.- PANDA informs you that in certain programs or products it may use data collection technology to collect technical information to improve the programs or products, to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the product. You accept that PANDA may use such information as part of the services provided in relation to the product, and that you may receive marketing information. You acknowledge and accept that PANDA may provide updates or additions to the program or product which are automatically downloaded onto your computer.
As part of the service, the product provides the IP address and name of your computer in order to allow monitoring of licenses and in order to check and detect possible incidents related with the product and its use. You acknowledge and authorize processing of this IP address by PANDA.
6.- LIMITED WARRANTY. PANDA guarantees that the program will fulfill its principal designed functions in accordance with the documentation and/or the Help file that accompany the program for ninety days (90) from the date of receipt against any manufacturing or operating defect without prejudice to any applicable consumer protection legislation. During this period, PANDA shall offer the following limited warranty, which represents the maximum guarantee that PANDA offers with respect to any defects in the program, product or documentation covered by the present agreement. PANDA guarantees the repair or replacement of any defective optical media that do not permit the program to work, as well as any defective printed material. This limited repair or replacement warranty applies to files downloaded via the Internet if the program has been delivered in this way. Should defective optical media or printed documentation need to be repaired or replaced, you must submit them to PANDA. In no case will there be a substitution without the previous return of the original printed documentation or optical media. This last requirement shall not be necessary in the case of printed documentation delivered via the Internet.
7.- DISCLAIMER.- This warranty does not cover lost, stolen or accidentally damaged material, or material improperly used or modified without prior written authorization from PANDA or which is faulty due to causes attributable to you or to third-parties other than PANDA. PANDA shall not be held responsible for faults in the functionality of the licensed program caused by external technical equipment.
PANDA shall not be held responsible by any person or entity regarding any damage or loss allegedly caused by the use or inability to use the program or product, either directly or indirectly, including (but not limited to) business interruptions, monetary loss or loss of anticipated income as a result of the use of the program.
The program is provided as is, and no claims shall be accepted concerning failure to fulfill presumed functions, other than those expressly indicated in Clause Six. PANDA does not guarantee that the software is error free, nor that it will function without interruption. You know and accept, under your own responsibility, that due to the modifications that viruses cause in files they infect, it is possible that the disinfection process could produce unforeseen changes to these files.
You are responsible for the use of the program by others. You accept responsibility for any losses and/or damages and costs arising from any incompatibility between this program or updates thereof and any third-party software that you have installed on your computer as well as any other problems that may arise due to the interaction between both programs, or for code strings that coincide.
Notwithstanding the terms of this agreement, under no circumstances shall PANDA be liable for any damages greater than the fee paid by you for the program, regardless of whether you have informed PANDA of the possibility of such damages.
8.- HIGH RISK ENVIRONMENTS.- This program has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. PANDA specifically disclaims any express or implicit guarantee of the program’s suitability for these types of activities.
9- EXPORT RESTRICTIONS. You acknowledge and accept that the program or any part thereof is subject to U.S. export control laws and hence you are bound to abide by such legislation and any other applicable international export restrictions and regulations.
You acknowledge and accept that the program may not be exported or re-exported, either wholly or in part, to any country, person or organization subject to restrictions under U.S. export control laws or any other applicable international export regulations, unless you are in possession of the corresponding valid export licenses.
You shall defend, indemnify and hold PANDA harmless in the event of any claim resulting from your failure to comply with export regulations.
10.- TRANSFER RESTRICTIONS AND TERMINATION. You may not license, sublicense, distribute, loan or transfer the program in any form without prior written consent from PANDA. Upon termination or expiry of the present license agreement, you shall cease to use the program immediately and destroy all copies or return them to PANDA.
11.- OTHER RESTRICTIONS. This program is available on CD-ROM or in some cases via the Internet. The program may only be used on your own computer(s). It may not be used on computers that are not your property, nor may it be lent, rented, leased, given away, donated or transferred to another user.
You may not transfer the rights granted by means of this license agreement. It is not permitted to decompile, reverse-engineer or disassemble wholly or partially this program.
You may not make any alterations, either wholly or partially, to the software, services and/or any other documentation or material included with the product.
12.- JURISDICTION.- The present agreement is governed by Spanish law and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Bilbao Courts of Justice. Both parties expressly renounce any other jurisdiction that may correspond to them.
13.- GENERAL- You authorize PANDA personnel to visit you in order to verify that the conditions of this license are met.
You know and accept that PANDA may take legal proceedings should you not abide by the terms of this license agreement. PANDA reserves the right to terminate the present license agreement automatically without prior notice should you fail to comply with any of the terms and conditions of the present agreement.
If any provision in this agreement is against the law, that provision will be considered void, without affecting the totality of the agreement or implying that the agreement is void.
PANDA expressly reserves all other rights it may have and that are not herein granted to you.
SPECIFIC CLAUSES FOR FREE SOFTWARE AND THIRD PARTY SOFTWARE
This licensed software may include software programs that are licensed (or sub-licensed) to you under free software licenses or other types of licenses. The texts with the corresponding conditions are available in the product installation directory.
Panda Security, S.L.
Gran Vía D. Diego López de Haro 4
Tel: +34 94 425 11 00
Fax: + 34 94 424 46 97
Panda Security 2011
Panda products are available through www.pandasecurity.com and through Panda Security's resellers