BETA LICENSE AGREEMENT
Please read the following license agreement carefully before using this program. By accepting the agreement, you are agreeing to become the user and expressing your complete acceptance of all the terms and conditions of this license agreement.
This license agreement represents the entire agreement between the user and PANDA SOFTWARE INTERNATIONAL S.L. (hereinafter PANDA). This license agreement supersedes any prior license agreements between the user and PANDA with respect to this Beta program. 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.
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.
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.- PANDA grants the user the non-exclusive and non-transferable right to use this program and documentation for evaluation purposes only.
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 program, documentation or any other product given to the user as part of this agreement. With regard to GNU GPL (GNU General Public License) software or other types of free software, the corresponding License Agreements will apply.
The program is 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.
3.- EVALUATION.- The user may give PANDA any information about the functioning of the program, problems and improvements that the user may consider necessary. These reports can be used by PANDA for any purpose, without the user's consent or any obligation, financial or otherwise, on the part of PANDA to the user.
4.- DATA COLLECTION TECHNOLOGY.- PANDA informs the user that in certain products it may use data collection technology to collect technical information to improve the product to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the product. The user accepts 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.
PANDA informs you that it will treat such personal data in accordance with current applicable legislation and as established in its Privacy Policy. Usted puede acceder a la citada Política de Privacidad a través de la siguiente dirección http://www.pandasecurity.com/enterprise/media/legal-notice/#e10
5.- WARRANTY.- The user recognizes and accepts that the program is of an experimental nature and is not a commercial product and its functionality is not guaranteed.
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 program, 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 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.
The user is responsible for the use of the program by others. The user accepts 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 the user has installed on his/her computer as well as any other problems that may arise due to the interaction between both programs, or for code strings that coincide.
The user knows and accepts, under his/her own responsibility, that due to the modifications that malware causes in files it infects, it is possible that the disinfection process could produce unforeseen changes to these files or delete them.
6.- 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.
7.- CONFIDENTIALITY.- The user recognizes that the program, documentation and/or any other information or material provided by PANDA is confidential information belonging to PANDA. Given the experimental nature of the program, the user agrees not to reveal to third parties any information regarding this program, documentation and/or any other information or material provided by PANDA, without written permission from PANDA. The user agrees to establish with those employees with access to the program, documentation and/or any other information or material provided by PANDA, the warnings and documentation necessary to ensure that the confidentiality requirements are met. The user is not permitted to make copies of the program, other than back-up copies.
8.- EXPORT RESTRICTIONS.- The user acknowledges and accepts that the program or any part thereof is subject to U.S. export control laws and hence the user is bound to abide by such legislation and any other applicable international export regulations.
The user acknowledges and accepts 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 the user is in possession of the corresponding valid export licenses.
The user shall defend, indemnify and hold PANDA harmless in the event of any claim resulting from the user’s failure to comply with export regulation.
9.- OTHER RESTRICTIONS.- The user agrees not to lend, rent, lease, give away, donate or transfer the software in any way.
The user 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 unless such activity is expressly permitted by applicable legislation.
10.- DURATION.- The right to use this program will terminate when PANDA terminates the Beta phase of this program. However, PANDA and/or the user can terminate this agreement without cause, through written notification to the other party. The user must uninstall the program and destroy any copies he/she possesses on expiry of this license agreement, unless PANDA gives written authorization to the contrary. All provisions related to confidentiality will remain effective after the agreement has ended.
11.- 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.
12.- 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 license agreement 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
The program includes or may include software programs that are licensed or sub-licensed to the user under General Public License or other similar free software license which, among other rights, allow the user to copy, modify or redistribute certain programs or parts thereof as well as having access to the source code.
For any software subject to General Public License distributed in binary executable format, the license requires that the source code is made available to the user. The user may access this source code through PANDA’s website.
http://www.pandasecurity.com/enterprise/downloads/free-software/
Similarly, the program includes or may include some software programs licensed (or sub-licensed) to the user under free software licenses. The texts with the corresponding conditions are available to the user in the product installation directory.
Should the user install the program, the corresponding license conditions and intellectual property and copyright notices will apply in addition to those laid out in the present agreement.
Should the license conditions referred to in the present clause grant rights more extensive than those indicated in the present agreement, said rights shall take precedence over the rights and restrictions stipulated herein, with respect only to the software or parts of the software licensed under said terms.
Panda
Buenos Aires 12
48001 Bilbao
Tel: + 34 94 425 11 00
Fax: + 34 94 424 46 97
E- mail: infospss@pandasecurity.com
© Panda 2008
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