This is a legal agreement between you, the end user, and H+BEDV Datentechnik GmbH ("H+BEDV GmbH").
BY CLICKING "I ACCEPT" YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement please click "EXIT."
Please read the terms of this License Agreement in full before you accept them.
1. GRANT OF LICENSE
H+BEDV GmbH (the "LICENSOR") grants to you the non-exclusive and non-transferrable right to use one copy of the AntiVir Personal Edition software program (the "PROGRAM") exclusively for Non-commercial Purposes (as hereafter defined) on a single computer (i.e., with a single CPU). You may use the PROGRAM exclusively on the one specific operating system as set forth above. Additional licenses may be acquired from H+BEDV GmbH for use on any other operating system (e.g. DOS, OS/2, Linux etc.) that H+BEDV GmbH then makes generally available. H+BEDV GmbH shall have no obligation to make the PROGRAM available on any other operating system. You may not network the PROGRAM or otherwise use it on more than one computer at the same time or under more than one operating system at the same time. "Non-commercial Purposes" means use other than for commercial or business purposes. Educational institution use and non-profit entity use of the PROGRAM are each deemed to be for commercial or business purposes. However, use of a single-person home office is not deemed to be for commercial or business purposes. This license does not entitle you to receive from H+BEDV GmbH hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the PROGRAM, except in the case of technical support to the limited extent set forth in Section 6 below. However, H+BEDV GmbH may in its sole discretion furnish enhancements or updates to the PROGRAM through its Web site or any other distribution channel with or without charge. H+BEDV GmbH intends to bring to market new versions of the PROGRAM approximately every 2-3 months and interim releases approximately every month. Whether and when H+BEDV GmbH brings new versions or interim releases to market shall be determined by H+BEDV GmbH in its sole discretion.
2. COPYRIGHT
The PROGRAM is owned by H+BEDV GmbH or its suppliers or licensors and is protected by United States copyright laws and international treaty provisions. Therefore, you may not use, copy, or distribute the PROGRAM without authorization except that you may either (a) make one copy of the PROGRAM solely for backup or archival purposes or (b) transfer the PROGRAM to a single hard disk provided you keep the original solely for backup or archival purposes, and except that if the PROGRAM is installed on a desktop or other stationary computer, you may copy the PROGRAM onto a notebook or other portable computer for use exclusively while travelling or otherwise away from the stationary computer. You may not print copies of any user documentation provided in "online" or electronic form; provided, however, that you may print one copy exclusively for your personal reference of any or all such documentation.
3. OTHER RESTRICTIONS; INDEMNIFICATION
You may not rent, lease or otherwise transfer or encumber the PROGRAM in any way, even on a permanent basis retaining no copies and with the recipient agreeing to the terms of this Agreement. You may not sublicense all or any portion of the PROGRAM. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the PROGRAM. You may not modify, or create derivative works based upon the PROGRAM in whole or in part, including translation or localization. You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or labels in the PROGRAM, or publish any results of benchmark tests run on the PROGRAM to a third party without H+BEDV GmbH's prior written consent. You hereby agree to indemnify H+BEDV GmbH against and hold harmless H+BEDV GmbH from any claims, lawsuits or other losses that arise out of your breach of this Section 3 or of any other provision of this Agreement.
4. NO WARRANTY
YOU ACKNOWLEDGE THAT YOU HAVE NOT PAID FOR THIS LICENSE GRANTED HEREBY. ACCORDINGLY, THE PROGRAM IS SUPPLIED ON AN "AS IS" BASIS, AND YOU WILL BEAR ALL RISKS AS TO QUALITY AND PERFORMANCE OF THE PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) YOU ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIR AND OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE PROGRAM, AND (II) YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, H+BEDV GMBH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE PROGRAM.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF H+BEDV GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE LICENSE GRANTED HEREBY IS LIMITED TO NON-COMMERCIAL PURPOSES, AND ACCORDINGLY THAT YOU CANNOT SUFFER DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION UNLESS YOU YOURSELF HAVE BREACHED THIS AGREEMENT. IN NO EVENT SHALL H+BEDV GMBH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PROGRAM. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. SERVICE AND SUPPORT
You acknowledge that H+BEDV GmbH has made the PROGRAM available at no cost, and accordingly that the service and support that H+BEDV GmbH offers the PROGRAM is limited to the following: the service or support, if any, that is freely available on the FREE-AV.COM Web site. You acknowledge the usefulness and value to you of an "issue list" or other service identifying known problems in use of the PROGRAM, if such a list were to be made available on such site at any time or from time to time. Accordingly, you agree not to use the existence or contents of any such list to support any claim of any nature against H+BEDV GmbH.
7. TERMINATION
Without prejudice to any other rights, H+BEDV GmbH may terminate this Agreement if you breach any of its terms and conditions. Upon termination, you shall immediately destroy all copies of the PROGRAM.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
The PROGRAM and accompanying documentation (in paper form or as may be available in electronic form on the Internet) are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in 48 C.F.R. Section 12.212 (Sept. 1995). Any use, modification, reproduction release, performance, display or disclosure of the PROGRAM or any such accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Contractor/manufacturer is H+BEDV GmbH, Lindauer Str. 21, D-88069 Tettnang, Germany.
9. EXPORT RESTRICTIONS
You may not download, export, or re-export the PROGRAM (a) into, or to a national or resident of, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Yugoslawia or any other country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the PROGRAM, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. HIGH RISK ACTIVITIES
The PROGRAM is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the PROGRAM could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, H+BEDV GmbH and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that H+BEDV GmbH and its suppliers and licensors will not be liable for any claims or damages arising from the use of the PROGRAM in such applications.
11. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement is governed by the laws of the United States, without reference to conflict of laws principles. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, under the auspices of JAMS/EndDispute, with the losing party paying all costs of arbitration. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
12. GENERAL
This Agreement is the entire agreement between you and H+BEDV GmbH and supersedes any other communications or advertising with respect to the PROGRAM or related documentation. This Agreement may be amended only by a writing signed by both parties. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
13. OUTSIDE THE U.S.
If you are located outside the U.S., then the provisions of this Section shall apply. Les parties aux prΘsentes confirment leur volontΘ que cette convention de mΩme que tous les documents y compris tout avis qui s'y rattache, soient redigΘs en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.") You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the PROGRAM, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
Should you have any questions concerning this Agreement, or if you wish to contact H+BEDV GmbH for any reason, please write: H+BEDV GmbH
