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END USER LICENSE AGREEMENT – PANDA MANAGED OFFICE PROTECTION

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 present 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 any 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 and/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.

This license agreement grants the licensee the right to use the program on as many computers and/or servers as licenses bought.

In network environments, licenses must be acquired for the servers and workstations on which the program is installed.  The number of users or computers connected to the server must not exceed the number of licenses specified in the License Certificate of this program (where provided).

In the case of servers and workstations not connected to a network, licenses must be acquired for each one with the program installed. The number of users or computers connected to the server 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).

In the case of trial versions, the licensee may only use this version for the period and number of servers/workstations indicated by PANDA. Written permission must be granted by PANDA in order to extend this period. In the case of demo versions, the licensee may install a maximum of six (6) licenses. Clause Five of this agreement does not apply to such versions.

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 the Conditions of Use of the Service, is available at https://private.malwareradar.com/ManConsole/License/1/Comercial.html

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.

This License Agreement shall not be applicable to those companies that act as distributors, Internet service providers or wholesalers of PANDA’s program. In this case, the conditions agreed between these companies and PANDA shall apply. Without prejudice to the aforementioned, end-users must accept the terms included in this License 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 work, program or product given to the licensee by PANDA 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 shall 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.- 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/

Similarly, when the contracted period has elapsed, in cases of product and service renewal, the licensee is aware that the services and/or 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.

4.- DATA COLLECTION TECHNOLOGY.- PANDA informs the licensee that in certain products it may use data collection technology to collect technical information to improve the product, to adapt it to user preferences and to prevent the unlicensed or illegal use of the product. The licensee accepts that PANDA may use such information as part of the services provided. The licensee 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 contracting and using the program, the licensee 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 can access the Privacy Policy at:  http://www.pandasecurity.com/enterprise/media/legal-notice/#e10

5.- PRIVACY.- Panda guarantees that the information belonging to you to which it may have access in order to provide the solution, shall be treated at all times as confidential information. Panda shall only use such information for the purpose of providing the service and improving the product and its corresponding services.

6.- LIMITED WARRANTY.  PANDA guarantees that the program will fulfill 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.

PANDA guarantees that the licensed program shall fulfill 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 shall 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 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, 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. PANDA does not guarantee that the program is error free, nor that it will function without interruption.

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.

The licensee knows and accepts, under his/her 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.

Under no circumstances shall 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.

The licensee declares and guarantees that any information provided to Panda in order to use the solution is true, correct and current. The licensee also declares that he/she is legally entitled to execute the present contract, and to carry out the corresponding actions that may be required.

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.- OTHER RESTRICTIONS.- The licensee may only use the program on his/her computers or servers under the terms of the present license agreement. It may not be used on computers or servers that do not belong to the licensee. The licensee agrees not to lend, rent, lease, give away, donate or transfer the program in any way.

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.

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 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 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 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 have 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 Don Diego López de Haro, 4
48001 Bilbao

Tfn - + 34 94 425 11 00
Fax -+ 34 94 434 35 63

E-mail: info@es.pandasecurity.com
© Panda Security 2009.