Terms and conditions of use

Terms and conditions of use for the ActiveScan 2.0 online scanner service

Please read the present Conditions of Use of the Service (hereinafter "Conditions of Use") carefully before using the ActiveScan 2.0 online scanner services (hereinafter "the Services"). By accepting these conditions, you are agreeing to become the licensee and expressing your complete acceptance of all the terms of the Conditions of Use. If you do not accept these terms, do not use the Services nor install the software needed to use them. Similarly, use of the Services implies your acceptance to be bound by the terms of the Conditions of Use.

These Conditions of Use regulate the relationship established between PANDA SECURITY, S.L. (hereinafter PANDA), with registered premises at Gran Vía Don Diego López de Haro 4, 48.001 Bilbao, and yourself with respect to the provision of the Services. The Services will offer the functions and characteristics established at any moment in the accompanying on-line Help.

Use of any of the Services is subject to the present Conditions of Use and implies full acceptance of each and every one of the legal conditions published by PANDA at the time that you use the Services.

Similarly, use of any of the online scanner services implies acceptance by the licensee of the Conditions of Use of the website, General Terms and Conditions and Privacy Policy (hereinafter the "Legal Notice") available at the URL http://www.pandasecurity.com/homeusers/media/legal-notice/ which will apply to the extent that they do not contradict the present Conditions of Use.

The acceptance of the present Conditions of Use does not confer any rights not specified in the Conditions of Use to the licensee over the applications belonging to PANDA or its software suppliers.

The characteristics of the Services may undergo changes or technical improvements.

Similarly, PANDA reserves the right to modify the present Conditions of Use without prior notice.

1.- LICENSE GRANT.- PANDA grants you the non-exclusive and non-transferable right to use the Service during the period contracted and under the conditions established by PANDA with respect to the specific services you have contracted.

PANDA grants you the non-exclusive and non-transferable right to use the services, as well as the software and accompanying documentation, solely for the purpose of scanning, detecting, and where applicable, disinfecting malware, under the terms and conditions set out in the Services' on–line Help.

The present Conditions of Use will regulate the provision of the Services, as well as the conditions under which you may use these Services. The services will only operate in accordance with the information published online. Similarly, the features and functionalities of the service to which you will have access will vary depending on the type of service you have contracted. You can consult the services that correspond to the service mode you have contracted at http://www.pandasecurity.com/activescan/pro/help/.

2.- INTELLECTUAL PROPERTY.- The Services, as well as any corresponding applications, documentation and/or information, are the exclusive property of PANDA or its software suppliers. PANDA or its software suppliers own all intellectual property rights and copyrights pertaining to the programs, applications, documentation or any other work related to the Services. With regard to the free software that the application may contain, the corresponding License Agreement will apply.

The Services, applications, documentation and/or corresponding information are protected by copyright laws, patents and international copyright treaties, in addition to the dispositions of laws and treaties applicable to the protection of intellectual property rights.

PANDA authorizes the use of its applications 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 concerned.

3.- MODIFICATIONS TO PRODUCTS Y SERVICES.- You know and accept that during that the contracted period PANDA may alter and consequently improve the contracted services to adapt to technological advances.

The licensee agrees to accept these changes without demanding any compensation whatsoever. PANDA will notify you of any such changes.

Similarly, when the contracted period has elapsed, in cases of renewal, you are aware that the Services may have been modified to adapt to technological advances and that you would have to change to a new version of the Services according to the policy established by PANDA.

By accepting the present Conditions of Use, you accept any such modification to the Services. Please check all such modifications before accepting the Conditions of Use.

4.- DATA COLLECTION AND PROCESSING.- PANDA informs you that in certain products and/or services, it may use data collection technology to collect technical information to improve the products, to provide associated services, to adapt them to user preferences, to prevent the unlicensed or illegal use of the product and for statistical purposes. You accept that PANDA may use such information as part of the Services provided. The user acknowledges and accepts that PANDA may provide updates or additions to the software which automatically download to his/her computer

Similarly, for the purpose of the provision of the Services, you may have to give PANDA certain personal data. PANDA informs you that it will treat such personal data in accordance with current applicable legislation and as established in its Privacy Policy. You may access this Privacy Policy at the following address: http://www.pandasecurity.com/homeusers/media/legal-notice/#e10

Similarly, the Services use Google Analytics, an analytical Web service provided by Google, Inc., company with registered offices at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (hereinafter "Google"). Google Analytics uses "cookies", text files installed on your computer, to help analyze your use of the service. The information generated by the cookies about your use of the Services (including your IP address) will be directly transmitted to and filed by Google in servers in the United States. Google will use this information on our behalf in order to monitor your use of the Services with the aim of continually improving usability of the application, compiling service activity reports and offering other services related with the activity of the Services and use of the Internet. Google may transmit this information to third parties when so required by legislation, or when third parties process information on behalf of Google. Google will not associate your IP address with any other data that it has.

You may reject the use of cookies, using the corresponding configuration in your Internet browser, however, this may affect the full functionality of the Services. By using the Services you are giving your consent to the processing of information about yourself by Google in the way and for the purposes described above.

5.- USE OF THE SERVICES.- You undertake to use the Services at all times correctly and diligently, in accordance with law and accepted moral standards, and refrain from using the Services for illegal purposes or purposes expressly prohibited by these Conditions of Use or the Legal Notice or purposes whose effects may infringe upon the rights or interests of third-parties. You undertake to refrain from using the Services for any purpose that could damage, overload, harm or impede the normal functioning of the computers or services of other users, or that could similarly affect their documents, files or any type of content stored on their computers, or that could prevent the normal use of said services, computers, documents, files, or content by third parties.

6.- LIMITED WARRANTY.- PANDA guarantees that the Services will fulfil their principal designed functions in accordance with the information that accompanies the Services for ninety (90) days from the date they are contracted without prejudice to any applicable consumer protection legislation. PANDA guarantees that the Services will fulfil their principal designed purposes and commits itself to solve the problems that affect their performance to this effect, with the means and in the time PANDA considers appropriate in accordance with its own criteria. PANDA will not be responsible for defects that external technical equipment might cause to the performance of the licensed software.

7.- DISCLAIMER.- The warranty established in the present Conditions of Use does not cover improper use or unauthorized modification of the Services or defects originating from the actions of third parties.

PANDA will not be held responsible by any person or entity regarding any damage or loss allegedly caused by the use or inability to use the Services, 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 Services.

The program included in the Services is provided as is, and no claims will be accepted concerning failure to fulfill presumed functions. PANDA does not guarantee that the program is error free, nor that it will function without interruption.

You are responsible for the use of the Service by others and accept responsibility for any losses and/or damages and costs arising from any incompatibility between the Services and any third-party software that you may have installed on your computers as well as any other problems that may arise due to the interaction between the Services and any programs you have installed, or for code strings that coincide.

Under no circumstances will PANDA be liable for damages greater than the fee you paid at the time of contracting the Services, regardless of whether you have informed PANDA of the possibility of such damages.

The validity of the guarantees and liabilities established herein is subordinate to the legislation applicable in the corresponding state or jurisdiction.

PANDA cannot control how you use the information you acquire through these Services and will therefore not be held responsible for damages, whether direct or indirect, which could be the consequence of or arise from the use of said information by yourself or third parties other than PANDA.

THE SERVICES DO NOT PREVENT INFECTION, THEY ONLY DETECT AND, WHERE APPLICABLE DISINFECT THE TYPE OF MALWARE SPECIFIED IN THE ON THE FOLLOWING WEB PAGE: http://www.pandasecurity.com/activescan/pro/help/. SIMILARLY, THIS WEB PAGE WILL INFORM YOU OF WHETHER OR NOT THE SERVICES INCLUDE THE DISINFECTION FUNCTION. PLEASE READ THE AFOREMENTIONED INFORMATION CAREFULLY.

You know and accept, under your own responsibility, that due to the modifications that malware causes in files it infects, if you were to request disinfection, or if the specific service includes disinfection as a function, it is possible that the disinfection process could produce unforeseen changes to these files or delete them.

You declare and guarantee that any information you provide to PANDA in order to use the Services is true, correct and current. You also declare that you are legally entitled to execute the present contract, and to carry out the corresponding actions that may be required.

8.- HIGH RISK ENVIRONMENTS.- This Services have not been designed for and are 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.- OTHER RESTRICTIONS.- These Services are available via the Internet. These Services may only be used on your own computer(s). You agree not to lend, rent, lease, give away, donate or transfer the Services in any way.

You may not transfer the rights granted by means of these Conditions of Use. It is not permitted to decompile, reverse-engineer or disassemble wholly or partially any programs and/or applications related to the Services unless such activity is expressly permitted by applicable legislation.

10.- 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.

11.- GENERAL.- The user authorizes PANDA personnel to visit him/her in order to verify that the conditions of this license are met.

The user knows and accepts that PANDA may take legal proceedings should the user not adhere to this agreement. PANDA reserves the right to terminate the present Conditions of Use automatically without prior notice should the user 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 the user.

SPECIFIC CLAUSES FOR FREE SOFTWARE AND THIRD PARTY SOFTWARE

This licensed software may include software programs that are licensed (or sub-licensed) to the user under free software licenses or other types of licenses. The texts with the corresponding conditions are available to the licensee in the following URL: http://www.pandasecurity.com/activescan/pro/licenses/default.htm.

Panda Security, S.L.
Gran Vía Don Diego López de Haro 4
48001 Bilbao