UnThreat Anti-Virus distribution permissions and end-user license agreement
TERMS OF SERVICE<br /> <br /><br />The following is a legal agreement between AVSoftware Company and you, acting as an individual or on behalf of other individual(s) or company as a purchaser of our software products. Clicking on the "Accept" button hereof implies accepting our terms and being bound by the present Agreement. Although you are not required to accept the terms outlined below, we will not be able to provide you the Software, nor will you be authorized to install and use the Software, unless you do so.<br /><br />In case you do not wish to agree to these terms, please click the "Do not Accept" button and, if you are in the position of an applicable, obtain a refund of the purchase price by contacting us with a refund request and allowing 30 days for the credit to be transferred to your bank account.<br /><br />For other purchases, destroy your copies of the Software and return the Software in its original package, together with your receipt, to the venue of acquisition.<br />END USER SOFTWARE LICENSE AGREEMENT<br />1. Definitions of Contractual Terms<br /><br />a. Authorized Purposes refers to individual, noncommercial purposes in the case of Software known as UnThreat, as well as to your personal and business purposes or to those of your Affiliates in the case of other Software products.<br /><br />b. Affiliate means an entity controlling, controlled by or under common control with the applicable party represented by both the Customer and AVSoftware. "Control" hereof designates property of over 50% of the interest of the applicable entity.<br /><br />c. Applicable Conditions refer to<br /><br />- the terms and conditions contained by your order in case of downloaded Software<br /><br />- the specifications on the Software package purchased on CD or other physical medium<br /><br />- the conditions specified by the supplier in case of Software purchased in combination with other hardware or software.<br /><br />These may equally refer to any other terms or conditions regarding the duration for which the Initial Term is applicable, as well as the maximum number of computers on which the utilization of the Software is authorised.<br /><br />d. AVSoftware means a company formed under the Bulgarian laws and with respect to all other Software.<br /><br />e. Free Software means Software products and services you are provided without being charged and without limitation of any nature and/or aimed for trial purposes and marked or desinated accordingly.<br /><br />f. Initial Term means the period as of the date of download or acquisition of our Software and continuing for the term stipulated in the Applicable Conditions.<br /><br />g. Renewal Term has the meaning further specified in Section 3.a of this Agreement.<br /><br />h. Term refers to the Initial Term, as well as to all Renewal Terms.<br />2. License Grant and Related Provisions<br /><br />a. License Grant<br /><br />AVSoftware, in compliance with the terms and conditions of this Agreement, hereby grants to you a non-exclusive and personal license for the applicable Term, entitling you to use the Software solely in executable or object code form, and exclusively for purposes in strict accordance with our terms and conditions. The use of our Software in purposes that come in contravention to those expressly authorized in the section hereof, as well as any subsequent distribution or resale, constitutes a breach of the present agreement and a violation of copyright legislation.<br /><br />b. Limitations<br /><br />You shall not reproduce or allow any third party to reproduce the Software in purposes other than those stipulated by this Agreement, install the Software on a number of computers superior to those authorized by the Applicable Conditions, except in case of specific authorization obtained from AVSoftware.<br /><br />In no event shall the Customer use the license number supplied by AVSoftware in connection with Software on more than one computer or disclose it to any party other than AVSoftware or AVSoftware`s entrusted representatives, in view of product and/or service support.<br /><br />You shall not publish the Software or your License Number, exception being made for cases expressly authorized by legislation, operate modifications including disassembling, decompilation, reconstruction and transformations including any related malware signatures and malware detection procedures, except as expressly authorized by applicable legislation.<br /><br />You shall not transfer, share, rent or sublicense the Software other than in conditions related to the sale, lease, rental or other transfer conditions of the computer on which it has been installed according to the Applicable Conditions.<br /><br />Under no circumstances shall you grant access to a third party to use the hereof Software on a temporary basis.<br /><br />You shall not circumvent or authorize any third party in circumventing controls concerning the use of the Software.<br /><br />c. Updates<br /><br />AVSoftware may periodically provide updates to the Software and/or the malware signatures. You hereby consent to regularly downloading and allowing installation of Updates in order to maximize benefits from our Software. Under no circumstances shall AVSoftware be bound to provide you with Updates following the expiration or termination of the Term. AVSoftware exclusively may conclude Updates for current Software versions or Updates supporting the performance of other Software related to versions of any third party operating systems, email and browsers programs.<br /><br />d. Customer Feedback<br /><br />AVSoftware welcomes and encourages comments regarding the Software, including notices on Software failures and malfunctions, as well as suggestions for supplementary features and functions. Although AVSoftware is by no means obliged to answer or take action based on Customer comments and suggestions, you may thus provide AVSoftware an invaluable basis for implementing them in the Software and in other products and services granted by AVSoftware and its co-brands and affiliates.<br />3. Expiration. Renewals. Termination<br /><br />a. Renewals<br /><br />During the interval prior to the expiration of the Initial Term or of the Renewal Term of the preceding Agreement, AVSoftware may offer the Customers the opportunity to extend the License at then-current renewal prices. You may accept such offer by following the instructions and paying the renewal price specified in the offer. The Agreement will then be extended for the applicable Renewal Term.<br /><br />b. Termination<br /><br />In case of material breaches of the Agreement, AVSoftware reserves the right to conclude the license granted by this Agreement without liability for a 5 days` prior notice, as long as customers are provided either refund of the contractual fees paid in compliance with the then-current Initial Term or Renewal Term conditions or granted license for similar product for the remainder of the Term.<br /><br />c. Effect of Termination<br /><br />As of the date of expiration or conclusion of this Agreement, you will cease using the Software. The Software may cease functioning and AVSoftware will cease informing you of updates. However, Sections 4, 5, 6 and 7 will still be deemed valid.<br />4. Property<br /><br />AVSoftware reserves all rights in the Software, including those not expressly specified in this License Agreement. All copyrights, trademarks or other intellectual property rights related to the Software (including anti-malware components, screen displays, visual material appearing in the Software and all other documentation relating to the Software) are property of and updated by AVSoftware and its licensors, and are protected by international copyright legislation, treaties and all other applicable laws. Any copy of the Software shall be pursuant to this Agreement and contain copyright notices as in the original version of the Software.<br />5. Warranties<br /><br />a. General Warranty Conditions<br /><br />In compliance with the AVSoftware`s Agreement provisions, we warrant that during the period beginning with the date of delivery of the product and for a period of 30 days thereafter, the medium (if case should have it) of the Software delivery will be free of any material defects and that the Software will perform in accordance with the applicable standard specifications. This warranty applies solely to original Software delivery conditions, and is not applicable to Updates. The Customer`s exclusive remedy for breach of the present Warranty is replacing the defective media or Software or, at AVSoftware`s request, returning the Software and applying for a full refund. In order to fully exercise your Customer rights as provided under Section 5 hereof, you must deinstall and destroy all your possible copies of the Software and, in case the Software has been acquired by download, contact us with your refund request. In case of all other purchases, return the Software in its original package, together with your receipt, to the venue of acquisition.<br /><br />b. Free Software Policy<br /><br />The General Software Policies as outlined under Section 5 a. apply to Free Software, granted on an "as is"/ "as available" basis. Free Software is not provided warranty or service support by AVSoftware.<br /><br />c. Warranty Disclaimer<br /><br />Except for express provision by Section 5 a., AVSoftware disclaims warranties with respect to Software or other subject matters expressed or implied by this agreement, including implied merchantibily, standard apropriateness for particular purposes and warranties in case there is no record of any contractual contravention.<br /><br />AVSoftware disclaims warranty for the error free performance of the software or thorough malware protection.<br /><br />d. Use in Hazardous Environments<br /><br />Please be aware that this Software is not intended for use in hazardous environments, such as those implied by operation of nuclear facilities, aircraft communication, navigation and traffic control systems and all other environments in which material damage, physical injury or death could result from inability to access and proceed to benefit from the Software full functionality. AVSoftware and its affiliates disclaim any direct or indirect warranties for appropriateness for use in such conditions.<br />6. Limitation of Liability<br /><br />Under no circumstances shall AVSoftware or its partners be made responsible for indirect or consequential damages arising out of this Agreement or resulting from the use of the software provided hereunder. Notwithstanding any malfunctioning or failure of primary purpose of any remedy, AVSoftware disclaims liability related to the Software and exceeding the lesser of the costs supported by Customers.<br />Privacy and Security<br /><br />a. General Privacy and Security Conditions<br /><br />You hereby acknowledge and agree that AVSoftware collects and stores information on the users of the Software, such as personally identifiable information and certain information related to the user computer`s software and hardware, including IP addresses, operating systems, browser software and data on potential malware threats to the computer, including the file names, seller, information about the computer`s system checkpoints records, which may include names of paths, files and applications, malware application programs, registry keys, and information about applications that were erroneously construed as possible threats. You hereby consent to AVSoftware`s collection, use and disclosure of your personal information as stipulated in AVSoftware`s Privacy Policy, which the company reserves the right to revise periodically.<br /><br />b. Registration Information<br /><br />Registration over the Internet or by telephone is necessary for activating the Software. In view of license acquisition, you hereby consent to provide accurate and complete personal registration information as of the date of registration and throughout the Term. You hereby consent to AVSoftware`s collecting and sharing your personal information with its affiliates, partners, distributors and resellers as of the date of registration and for one year after the expiration of this License Agreement. Similarly, you consent to their use of your contact information in order to provide you relevant information and offers of products and services.<br />Other License Terms<br /><br />a. Notice<br /><br />When the Software is launched, Customers may receive informative notices delivered by AVSoftware. Irrespective or their nature, the means of delivery or the date the Customer receives them, these will be deemed delivered as of the date they are made available by AVSoftware.<br /><br />b. Complete Agreement<br /><br />The present Agreement constitutes the complete Agreement between the parties. In case of conflict or discrepancy, it is this complete contractual form that will control over all previous agreements, either in written or oral form and concerning the subject matter under this License Agreement.<br /><br />d. Modifications and Waivers<br /><br />This Agreement is susceptible of partial or complete modification in any possible manners apart for an written Agreement signed by both parties or by electronic agreement presented by AVSoftware and consented to by the Customer. In no event shall AVSoftware`s failure to enforce strict observation of the stipulations of this Agreement be considered as a waiver of any of the above-mentioned provisions or rights.<br /><br />e. Severability and Independent Clauses<br /><br />AVSoftware and the Customer hereby desire and intend that all of the provisions of this Agreement be applicable to the utmost extent permitted by legislation. Should any provision of this License Agreement or its application to persons and circumstances be construed as illegal for its parts or as a whole, the provision shall be construed in a manner such as to permit its validity and enforceability to the fullest extent permitted by legislation. Note that in either case the remaining validity terms for the License Agreement, as well as its further application thereof to any person or circumstance, other than those that have been construed as invalid, illegal or unenforceable, will keep their full validity.<br /><br />f. Governing Law<br /><br />This Agreement will be governed by the EU laws. Therefore jurisdiction procedures in case for legal disputes will fall under the responsibility of EU courts.<br /><br />g. Export Legislation and Restrictions<br /><br />You hereby acknowledge that parts of the AVSoftware may be of EU origin and consent to comply with all applicable EU and international laws on Software export and reexport, including end-user and product destination restrictions in compliance with EU and international legislation.<br /><br />h. Third Party Benefit Restrictions<br /><br />The Customer hereby acknowledges that this Agreement is intended solely for the benefit of the two parties. No third party shall proceed on a cause of action pursuant to this Agreement as its beneficiary.<br /><br />i. Language<br /><br />This Agreement, originally presented in the English language, does not exclude AVSoftware`s possibility to provide translated versions designed to answer Customers` convenience needs. However, please note that in case of potential conflict or discrepancy, it is the English version that will prevail.
