Please read this license agreement carefully before using this program. By accepting this agreement, you are agreeing to become the “user” or “licensee” and expressing your complete acceptance of all the terms and conditions of this license agreement. If you do not accept the terms of this 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) with respect to the subject matter hereof. Similarly, and where permissible under applicable legislation, the terms and conditions of this 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 hereby grants to the user a limited, non-exclusive and non-transferable license and right to use this program, during the period contracted, under the terms and conditions established herein.
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. Notwithstanding anything to the contrary in this license agreement, PANDA shall not be liable for or bound by any warranty whatsoever of any evaluation versions of the program which, to the extent provided hereunder, are done on a strictly “as is” basis only.
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 to access the services associated with the program.
This license agreement grants the licensee the right to use the program in as many computers and/or servers as licenses bought.
In network environments, licenses must be acquired for a maximum number of computers connected to the server or maximum number of users connected to the server. The number of users or computers connected to the server must not exceed the number of licenses contracted, as specified in the License Certificate of this program (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 contracted, as specified in the License Certificate (if the program includes this certificate).
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 provided to the licensee by PANDA as part of this agreement.
PANDA authorizes the use of its programs or 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 programs or 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 program or product contracted by the licensee in favor of others. In such circumstances, the licensee may choose another program or 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 program or product may or may not be free of charge depending on the resources that PANDA has dedicated to the research and development of the new programs or products and the extent to which they may 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.
Likewise, when the contracted period has elapsed, in cases of program or 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 program or product or version thereof according to the policy established by PANDA.
If the licensee changes to a new version or new PANDA program or product to update a previous PANDA program or product version, the updated version or program 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 program 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.
5.- DATA COLLECTION TECHNOLOGY.- PANDA informs the licensee that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the programs or products, to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the program or product. The licensee accepts that PANDA may use such information as part of the services provided in relation to the program or product, and that he/she may receive marketing information. The licensee acknowledges and accepts that PANDA may provide updates or additions to the program or product which automatically download to his/her computer.
6.- LIMITED WARRANTY AND REMEDY. PANDA warrants that the program will fulfil its principal designed functions in accordance with the written documentation and/or the Help file that accompany the program or product for ninety days (90) from the date of receipt against any manufacturing or operating defect without prejudice to any applicable consumer protection legislation. For this period, and provided the licensee has activated the services where applicable, PANDA offers the following limited remedy, which constitutes PANDA’s entire liability and the licensee’s exclusive remedy for any defect in the program or product or printed documentation subject to this license agreement: PANDA will cause to be repaired or replaced any defective optical media that do not permit the program to work, as well as any defective printed documentation. This limited repair or replacement remedy also applies to files downloaded from the Internet if the program was supplied by this means. Should defective optical media or printed documentation need to be repaired or replaced, the licensee must submit them to PANDA. In no case will there be a repair or replacement without the previous return by the licensee of the original printed documentation or optical media. The return of printed documentation will not be required where the program was supplied via the Internet.
7.- DISCLAIMER.- This warranty does not cover lost, stolen or accidentally damaged material, or material improperly used or modified without PANDA’s written authorization or which is faulty due to causes attributable to the licensee or third-parties other than PANDA. PANDA will not be responsible for defects that external technical equipment might cause to the performance of the licensed program.
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 or products, 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 or otherwise, except as expressly provided in Clause 6, above. 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 viruses cause in files they infect, it is possible that the disinfection process could produce unforeseen changes to these files.
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.
Anything to the contrary herein or elsewhere notwithstanding, under no circumstances will PANDA be liable for incurring 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.
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 warranty of the program’s suitability for these types of activities.
9- 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 or restrictions.
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.
10.- TRANSFER AND TERMINATION RESTRICTIONS. The end user may not license, sub-license, rent, lease or otherwise transfer the program without PANDA’s express written consent. Upon any termination or expiration of this license agreement, the end user must immediately cease use of the program and destroy all copies or return them to PANDA.
11.- 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.
12.- JURISDICTION AND VENUE.- This license agreement is governed by the laws of Spain and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Bilbao, Spain Courts of Justice. Both parties expressly renounce any other jurisdiction or venue that may correspond to them.
13.- 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 initiate legal proceedings should the licensee not adhere to this license agreement. PANDA reserves the right to terminate this license agreement automatically without prior notice should the licensee fail to comply with any of the terms and conditions of this license agreement.
If any provision in this agreement is contrary to applicable law, that provision will be considered void, without affecting the totality of the agreement or implying that this 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
This licensed software may include software programs that are licensed (or sub-licensed) to the licensee under free software licenses or other types of licenses. The texts with the corresponding conditions are available to the licensee in the product installation directory.
Panda Security, S.L.
Gran Vía D. Diego López de Haro 4
Tel: +34 94 425 11 00
Fax: + 34 94 424 46 97
© Panda Security 2009