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- Licence agreement AntiVir« PersonalEdition Classic
- ==================================================
- Please read through the following software licence agreement. By installing the
- software, you explicitly agree to be bound by the conditions of this agreement.
- If you do not accept the conditions of this agreement, you may not use the software.
-
- This free AntiVir« PersonalEdition Classic is intended exclusively for private use on a
- single workstation. You may copy the complete program package and pass it on to
- others for private use only.
- The free AntiVir« PersonalEdition Classic may not be used for commercial or professional
- purposes.
-
- º1 Subject-matter of agreement
- 1) This agreement refers to the computer programs, program specifications and user
- manual (hereinafter called "Software").
- 2) The user is granted the right to use the Software free of charge.
- 3) The computer program described in the user manual conforms to the latest
- technological standards. H+BEDV Datentechnik GmbH (hereinafter called "Licensor")
- wishes to point out, however, that the latest technological standards do not
- guarantee software programs to function entirely without error in all applications
- and combinations.
- 4) H+BEDV only offers this Software for downloading from the userÆs server. H+BEDV
- is not responsible for its transfer to the userÆs computer.
-
- º2 Scope of application
- The Licensor grants the software user (hereinafter called "Licensee") a single,
- non-exclusive, personal right (hereinafter called "Licence") to use the Software on
- one computer system and in one location only as detailed below:
- 1) The Licensee may install the Software on a private Personal Computer, load it
- into the user memory and run it accordingly.
- 2) The Licensee may only use the Software for strictly private purposes. Institutes
- of education and public utilities are classed as commercial or business premises.
- Similarly, the Software may not be used in a home office for commercial or business
- purposes.
- 3) The Licensee may copy the complete Software package in order to pass it on to a
- third party provided he/she does so free of charge, leaving the brand name, logo
- and copyright note intact and drawing attention to these conditions of use.
- 4) The Licensee may make one backup of the Software.
-
- º3 Special restrictions
- The Licensee is forbidden in particular
- 1) to reproduce the Software in whole or in part on the same or other media outside
- the limits indicated in º2;
- 2) to separate the components of the software in order to use them in more than one
- computer;
- 3) to modify, translate, reverse-engineer, decompile, disassemble or generate works
- derived from the Software, or to reproduce, translate or modify the written material
- or generate works derived therefrom;
- 4) to pass on, rent or lease the Software to a third party for business purposes, or
- to use it in any other form for commercial purposes. This also applies to copies
- of the Software;
- 5) to pass on the Software or copies thereof to a third party in return for payment.
- This software package may not be distributed on commercial data media (e.g.
- sampler CDs, shareware CDs, OEM versions) without the permission of H+BEDV
- Datentechnik GmbH.
-
- º4 Distribution of rights
- 1) This Software is protected by copyright. All rights arising from the copyright
- are the property of the Licensor. The copyright covers in particular the program
- code, documentation, appearance, structure and organisation of the program files,
- program name, logos and other forms of representation within the Software.
- 2) The Licensee is only granted the right to individual, private use of the Software.
- This does not imply conferral of any rights to the Software itself. The Licensor
- reserves all rights of publication, reproduction, editing and utilisation.
-
- º5 Term of agreement
- 1) The agreement is concluded for an indefinite period. The LicenseeÆs right to use
- the Software shall end automatically without notice in the event of non-compliance
- with any of the conditions of this agreement.
- 2) On termination of the right of use, the Licensee is obliged to uninstall the
- Software from his/her computer system. He/she is also obliged to destroy all
- copies of the Software together with all written material and all copies thereof,
- including any modified copies.
-
- º6 Warranty
- The right to use this Software is granted to the Licensee free of charge. It is not
- therefore subject to any sales or warranty legislation. The Licensee must accept this
- program in its currently available form, and is consequently not entitled to any
- warranty claims.
-
- º7 Liability
- 1) The Licensor guarantees the fitness of the product for the contractual purpose,
- as described in the program specification and user manual. No liability is accepted
- in respect of the suitability of the Software for the userÆs purposes and its
- compatibility with the userÆs existing software.
- 2) Damage claims against H+BEDV are excluded irrespective of legal basis, particularly
- on grounds of delayed performance or impossibility, neglect of advisory and accessory
- contractual obligations, pre-contractual duties, defective performance, violation of
- third-party industrial property rights and unlawful acts, unless H+BEDV has acted with
- intent or gross negligence or unless the damage claims result from the failure to
- ensure a warranted quality.
- 3) Insofar as grounds for liability on the part of H+BEDV exist, the damage claim shall
- be limited to the extent of the foreseeable damage. Compensation for consequential
- damage such as loss of profit is excluded in all cases. This damage limitation clause
- shall not apply if the event giving rise to the damage was caused with intent or gross
- negligence by one of its legal representatives or senior employees.
- 4) All damage claims against H+BEDV shall expire by limitation six months after the
- receipt of the Software. This does not apply to claims based on unlawful acts.
- 5) These provisions do not apply to claims based on product liability legislation.
-
- º8 Damage minimisation obligation
- 1) The Licensee is explicitly reminded that he/she must make backups of the data on his
- computer at adequate, regular intervals (normally once a week). Failure to do so shall
- constitute a breach of the LicenseeÆs damage minimisation obligation, and H+BEDV shall
- not be liable for any resultant damage.
- 2) The Licensee is explicitly reminded that he/she must not use the Software in hazardous
- environments in which non fault-tolerant operation is imperative (e.g. high-risk
- activities such as the operation of nuclear power installations, defence systems, air
- navigation or communication systems or life-support machines). Failure to observe this
- condition shall constitute a breach of the LicenseeÆs damage minimisation obligation,
- and H+BEDV shall not be liable for any resultant damage.
-
- º9 Contractual amendments and protective clause
- 1) These conditions of use apply in the currently applicable version as published in the
- website [www.free-av.com].
- 2) These General Conditions of Use shall still form part of the contract even if they differ
- from those of the Licensee, even where not expressly contradicted by H+BEDV.
-
- º10 Choice of law
- All legal relations between the parties, including the law of tort, shall be subject to the
- law of the Federal Republic of Germany. The place of jurisdiction shall be Tettnang.
-
- º11 Final provisions
- 1) All supplements to this contract, including this clause, must be made in writing.
- 2) Should any provision of this agreement be or become invalid or unenforceable, this shall
- not affect the legal validity of the other provisions. In this case, the invalid or
- unenforceable provision shall be replaced where possible by a legitimate provision with
- an equivalent commercial intent.
- 3) This agreement is subject to the law of the Federal Republic of Germany. The place of
- jurisdiction shall be the domicile of the Licensor. All matters relating to the validity,
- interpretation and fulfilment of the contractual provisions shall be settled at the legal
- venue of the Licensor in the Federal Republic of Germany.
-
- Should you have any queries regarding this licence agreement, further information can be
- found at www.free-av.com.
- If you wish to contact the Licensor for any other reasons, please send a mail to
- vertrieb@antivir.com or write to:
- H+BEDV Datentechnik GmbH,
- Customer Service
- Lindauer Str. 21
- D-88069 Tettnang
- Germany
-