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 the licensee and PANDA SECURITY S.L. (hereinafter PANDA). This license agreement supersedes any prior license agreements between the licensee and PANDA with respect to this product or the product it replaces. 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 over the programs or products belonging to PANDA or its software suppliers.
1.- LICENSE GRANT.- PANDA grants the licensee the non-exclusive and non-transferable right to use the program during the period contracted, after which, he/she must remove it from the computer memory and cease to use the program.
In the case of subscription versions, if the monthly or periodic subscription fees are not paid, or when the subscription period has expired, the licensee will lose the rights granted by the present license agreement as well as the rights to access the services associated with the program
In the case of evaluation versions, the licensee may only use this version for the period indicated by PANDA. Written permission must be granted by PANDA in order to extend this period. Clause Six of this agreement does not apply to evaluation versions.
This license agreement grants the licensee the right to use the program in as many computers as licenses bought.
In network environments, a license must be acquired for each server to be protected by the product. In addition to this, as many licenses must be acquired as the higher of the following two values: the maximum number of computers connected to the server (including laptop computers and other PCs that may connect sporadically to the network) or the maximum number of users connected to the protected servers. Also, a license must be acquired for each virtual machine the product is installed on. The total number of licenses acquired must not exceed the number of licenses specified in the License Certificate of this product (where provided).
In the case of computers not connected to a network, licenses must be acquired for each computer on which the licensee is to install the program. The number of computers with the program installed must not exceed the number of licenses specified in the License Certificate of this program (where provided).
In both the above cases, the license is only applicable to the program specified in the License Certificate (if the program includes this certificate).
Similarly, PANDA grants the licensee the non-exclusive and non-transferable right to use the Panda MalwareRadar audit service for the contracted period or as otherwise contracted. The text with Conditions of Use of the Service, is available at https://private.malwareradar.com/ManConsole/License/2/Comercial.txt
Should the licensee use the Service, the corresponding terms of the Conditions of Use will apply in addition to those laid out in the present agreement
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 product given to the licensee 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.
PANDA authorizes the use of its 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 products concerned.
3.- BACKUP COPY. This license agreement authorizes the creation of only 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.- The licensee acknowledges and accepts that during the contracted period and in order that PANDA products adapt to technological advances and improve accordingly, PANDA may cease to develop the product contracted by the licensee in favor of others. In such circumstances, the licensee may choose another product in accordance with PANDA’s product migration policy. In this event, the licensee agrees to accept the conditions of such policy and adapt his/or computer accordingly should it be necessary. Migration to the new product may or not be free of charge depending on the resources that PANDA has dedicated to the research and development of the new products and the extent to which the products differ.
The licensee also accepts that during the contracted period, PANDA may change or modify the services in order to adapt to the aforementioned technological advances.
The licensee agrees to accept these changes without demanding any compensation whatsoever. PANDA will notify the licensee of any such changes. The licensee may at any time access information relating to the lifecycle of PANDA products and solutions through the following link: http://www.pandasecurity.com/enterprise/support/lifecycle/
Likewise, when the contracted period has elapsed, in cases of product and service renewal, the licensee is aware that the services and characteristics of the program may have been modified to adapt to technological advances and that therefore he/she would have to change to a new product or version according to the policy established by PANDA.
If the licensee changes to a new version or new PANDA product to update a previous PANDA product version, the updated version or product is the only one the licensee has the right to use, accepting exclusively the terms and conditions applicable to all documentation, material and specifications corresponding to the new version or product. The licensee is obliged in such cases to delete any material corresponding to the previous version.
By accepting this license agreement, the licensee accepts all such modifications to the services and characteristics of the program. Please check all such modifications before accepting this license agreement.
The licensee accepts that PANDA may provide automatically downloaded updates or other additions to the software.
5.- DATA COLLECTION AND PROCESSING.- PANDA informs the licensee that in certain products it may use data collection technology to collect technical information to improve the products and the user experience, to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the product. The licensee accepts that PANDA may use such information for statistical purposes or as part of the services provided in relation to the product, and that he/she may receive marketing information. The licensee acknowledges and accepts that PANDA may provide updates or additions to the software which automatically download to his/her computer.
6.- LIMITED WARRANTY.- PANDA guarantees that the program will fulfil its principal designed functions in accordance with the written material and/or the Help file that accompany the product 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, and only if the corresponding Services Activation Card has been mailed in or the online registration completed, PANDA will offer the following guarantees:
- PANDA guarantees the licensee the repair or substitution of any defective optical media that do not permit the program to work, as well as any defective printed material. This guarantee also applies to files downloaded from the Internet if the program was supplied by this means. Should defective optical media or printed material need to be substituted, the licensee must submit them to PANDA. In no case will there be a substitution without the previous return by the licensee of the original printed material or optical media. This last requisite will not apply where the program was supplied via the Internet.
- PANDA guarantees that the licensed program will fulfil its principal designed purposes and commits itself to solve the problems that affect its 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.- This warranty does not cover lost, stolen or accidentally damaged material, or material improperly used or modified without authorization or which is faulty due to causes attributable to third-parties other than PANDA.
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 licensee knows and accepts, under his/her own responsibility, that due to the modifications that malware causes in the files it infects, it is possible that the disinfection process could produce unforeseen changes to these files or delete them.
The licensee is responsible for the use of the program by others. The licensee 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 licensee 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.
Under no circumstances will PANDA be liable for damages greater than the fee paid by the licensee for the program, regardless of whether the licensee has 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.
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.- The licensee acknowledges and accepts that the program or any part thereof is subject to U.S. export control laws and hence the licensee is bound to abide by such legislation and any other applicable international export regulations.
The licensee 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 licensee is in possession of the corresponding valid export licenses.
The licensee shall defend, indemnify and hold PANDA harmless in the event of any claim resulting from the licensee’s failure to comply with export regulation.
10.- OTHER RESTRICTIONS. This program is available on CD-ROM or in some cases via the Internet. The program may only be used on the licensee’s own computer(s).
It may not be used on computers that are not the property of the licensee, nor may it be lent, rented, leased, given away, donated or transferred to another user.
The licensee 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.
The licensee may not make any alterations, either wholly or partially, to the software, services and/or any other documentation or material included with the product.
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 licensee authorizes PANDA personnel to visit him/her in order to verify that the conditions of this license are met.
The licensee knows and accepts that PANDA may take legal proceedings should the licensee not adhere to this agreement. PANDA reserves the right to terminate the present license agreement automatically without prior notice should the licensee 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 licensee.
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 licensee 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 licensee. The licensee 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 licensee in the product installation directory.
Should the licensee 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 Security, S.L.
Gran Vía D. Diego López de Haro 4
Tfn - + 34 94 425 11 00
Fax -+ 34 94 434 35 63
© Panda Security 2009