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1 BitDefender Antivirus Scanner for Unices
2 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4 End User Software License Agreement
7 Copyright (c) 2008 BITDEFENDER
9 IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL THE
10 SOFTWARE. BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY INSTALLING
11 OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE
12 UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
14 These Terms cover the home-user or corporate BitDefender Solutions and
15 Services licensed to you, including the related documentation and any update
16 and upgrade of the applications delivered to you under the purchased license
17 or under any related service agreement, as defined in the documentation, as
18 well as any copy thereof.
20 This License Agreement is a legal agreement between you (either an
21 individual or a legal person) and BITDEFENDER for the use of the
22 BITDEFENDER software product identified above, which includes computer
23 software and services, and may include the associated media, printed
24 materials, and "online" or electronic documentation (hereinafter referred to
25 as "BitDefender"), all of which are protected by international copyright
26 laws and international treaties. By installing, copying or using
27 BitDefender, you agree to be bound by the terms of this agreement.
29 If you do not agree to the terms of this agreement, do not install or use
30 BitDefender.
32 BitDefender License. BitDefender is protected by copyright laws and
33 international copyright treaties, as well as other intellectual property
34 laws and treaties. BitDefender is licensed, not sold.
36 GRANT OF LICENSE. BITDEFENDER hereby grants you and only you the following
37 non-exclusive, limited, non-transferable and royalty-bearing license to
38 use BitDefender.
40 The BitDefender Antivirus Scanner for Unices ("BitDefender") is subject to 3
41 types of license:
43 1. Trial License. The product is distributed with a trial key which grants
44 the user a 30 day trial period as of install time, under the terms of the
45 license agreement. At the end of the trial period, all scan- based product
46 features (disinfect, delete) will be disabled and the user will have to
47 either go online to www.bitdefender.com and register for a personal license
48 or purchase a commercial license from any BitDefender reseller.
50 2. Home or Personal Use License. This license is free of charge and it can
51 be retrieved from the BitDefender website after filling in a short form. It
52 only allows the product to be used for personal purposes, with no commercial
53 implications whatsoever, under the terms of the EULA. For example, under the
54 Personal License, you are allowed to scan your personal laptop or desktop
55 computer but YOU ARE NOT ALLOWED TO USE THE PRODUCT IN A BUSINESS
56 ENVIRONMENT SUCH AS AN OFFICE COMPUTER OR A COMPANY SERVER.
58 3. Commercial Use License. If you intend to use BitDefender with your own
59 integration system or pre-designed scripts, you must purchase the Commercial
60 License. The commercial license allows for the product to be used in any
61 environment whatsoever throughout the licensing period, under the terms of
62 the EULA. Commercial Licenses are granted on an individual user basis, which
63 simply means that the cost depends on how many users benefit from the
64 features of the product.
66 LICENSE TERM. The license hereunder is granted as of the date BitDefender
67 has been purchased and until the end of the period for which such license
68 has been purchased.
70 UPGRADES. If BitDefender is upgrade labeled, in order to use it, you must
71 hold a BITDEFENDER license allowing you to use products identified by
72 such company as eligible for upgrade. An upgrade labeled BitDefender
73 product shall replace and/or supplement the product based on which
74 your were eligibile for such upgrade. You may use the resulting upgraded
75 product only in accordance with the terms of this License Agreement. If
76 BitDefender is an upgrade of a software package component which was licensed
77 to you as a single product, BitDefender may only be used and transferred
78 as part of that single product package and it may not be separated so as to
79 be used by more than the total number of licensed users. The terms and
80 conditions of this license shall replace and supersede any previous
81 agreements that may have existed between you and BITDEFENDER regarding
82 the original product or the resulting upgraded product.
84 COPYRIGHT. All rights, titles and interest in and to BitDefender and all
85 copyrights in and to BitDefender (including but not limited to any images,
86 photographs, logos, animations, video, audio, music, text, and "applets"
87 incorporated into BitDefender), the accompanying printed materials, and any
88 copies of BitDefender are property of BITDEFENDER. BitDefender is protected
89 by copyright laws and international treaty provisions. Therefore,
90 BitDefender must be treated as any other copyrighted material. The printed
91 materials accompanying BitDefender shall not be copied. All copyright
92 notices shall be reproduced and included, in their original form, in all of
93 the BitDefender copies created, irrespective of the media or form in
94 which BitDefender exists. The BitDefender license shall not be sub-licensed,
95 rented, sold, leased or shared. The BitDefender source code shall not be
96 reverse engineered, recompiled, disassembled, no derivative works shall be
97 created based on it, it shall not be modified, translated and no
98 attempts to discover it shall be made.
100 LIMITED WARRANTY. BITDEFENDER warrants a 30 day fault free period for the
101 media on which BitDefender is distributed as of the date BitDefender has
102 been delivered to you. Any breach of this warranty shall only result in
103 BITDEFENDER replacing the faulty media, at its sole discretion, upon receipt
104 of the said media, or refunding the BitDefender price. BITDEFENDER does not
105 warrant either the uninterrupted or error free operation of BitDefender or
106 the correction of possible errors. BITDEFENDER does not warrant that
107 BitDefender will meet your requirements.
109 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER DISCLAIMS ALL
110 OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS,
111 ENHANCEMENTS, MAINTENANCE THEREOF OR SUPPORT RELATED THERETO, OR ANY
112 OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES THAT IT HAS SUPPLIED.
113 BITDEFENDER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND
114 CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
115 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE,
116 ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND
117 NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR
118 REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS,
119 DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW,
120 COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE.
122 DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating BitDefender
123 shall bears all risks as to the quality and performance of BitDefender.
124 Under no circumstances shall BITDEFENDER be liable for any damages of any
125 kind, including, without limitation, direct or indirect damages arising out
126 of the use, performance, or delivery of BitDefender, even if BITDEFENDER
127 has been advised of the existence or possibility of such damages.
129 SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
130 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
131 MAY NOT APPLY TO YOU.
133 UNDER NO CIRCUMSTANCES SHALL BITDEFENDER'S LIABILITY EXCEED THE PURCHASE
134 PRICE PAID BY YOU FOR BITDEFENDER. The disclaimers and limitations set forth
135 above shall apply regardless of whether you accept to use, evaluate, or
136 test BitDefender.
138 IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IT IS NOT
139 DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-
140 SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT INTENDED FOR USE IN THE
141 OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION
142 SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR
143 TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD
144 RESULT IN DEATH, SEVERE PHYSICAL INJURY OR DAMAGE TO PROPERTY.
146 GENERAL. This Agreement shall be governed by the Romanian law and by the
147 international copyright regulations and treaties. The courts of Romania
148 shall have exclusive jurisdiction and venue to adjudicate any dispute
149 arising from these License Terms.
151 BitDefender prices, costs and use fees are subject to change without prior
152 notice to you.
154 In the event of invalidity of any provision of this Agreement, the
155 invalidity shall not affect the validity of the remaining portions of this
156 Agreement.
158 BitDefender and the BitDefender logos are trademarks of BITDEFENDER. All
159 other trademarks used in the product or in associated materials are property
160 of their respective owners.
162 Any breach of these terms and conditions shall result in the immediate
163 termination of this license, without any notice. You shall not be entitled
164 to a refund from BITDEFENDER or any resellers of BitDefender as a result of
165 such termination. Confidentiality terms and conditions and restrictions on
166 use shall remain in force even after termination.
168 BITDEFENDER may revise these Terms at any time and the revised terms shall
169 automatically apply to the corresponding versions of the Software
170 distributed under such terms. None of these Terms being found to be void and
171 unenforceable shall affect the validity of rest of the Terms, which shall
172 remain valid and enforceable.
174 In case of controversy or inconsistency between the translations of these
175 Terms into other languages, the English version issued by BITDEFENDER shall
176 prevail.
178 Contact BITDEFENDER, at 24, Preciziei Boulevard, West Gate Building H2,
179 ground floor, 6th district, Bucharest, Romania, e-mail address:
180 office@bitdefender.com
182 --
183 BitDefender
184 http://www.bitdefender.com/