AVG 8.5 LinkScanner

AVG 8.5 LinkScanner
IMPORTANT: READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL
AGREEMENT BETWEEN AVG TECHNOLOGIES CY, Ltd. (“AVG TECHNOLOGIES”)
AND YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE
INDIVIDUAL ON WHOSE COMPUTER THE SOFTWARE IS INSTALLED). IF YOU
CLICK THE “ACCEPT” OPTION OR INSTALL THE SOFTWARE PRODUCT
ACCOMPANYING THIS AGREEMENT (THE “SOFTWARE”) YOU WILL BE BOUND BY
THIS AGREEMENT. You are not required to accept these terms but, unless and until you do,
the Software will not install and you will not be authorized to use the Software. If you do not
wish to agree to these terms, please click “DO NOT ACCEPT”.
ANY COMMERCIAL USE OF THE SOFTWARE, AND ANY RESALE OR FURTHER
DISTRIBUTION OF THE SOFTWARE, OTHER THAN AS EXPRESSLY AUTHORIZED BY
THIS AGREEMENT, CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND
MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
NOTICE: THE SOFTWARE MAY CONTAIN A “TIME OUT’ FEATURE THAT WILL
RENDER THE SOFTWARE INOPERATIVE AT THE END OF THE TERM (AS DEFINED
BELOW).
END USER SOFTWARE LICENSE AGREEMENT
1. License Grant; Related Provisions.
a. Grant of a Single User License. AVG Technologies, subject to the terms
and conditions of this Agreement, hereby grants to you a non-exclusive
and non-transferable license during the Term to use the Software (i)
solely in executable or object code form, on a single computer, and (ii)
solely for your personal use and not for purchase, sale or delivery of any
product or service to a third party or other commercial or business
purpose.
b. Limitations. You shall not, and shall not permit any third party to, (i.)
duplicate the Software for any purpose other than as reasonably
necessary to use the same as contemplated by this Agreement; (ii.)
except for temporary transfer in the event of computer malfunction,
install the Software on a second computer; (iii.) use any license number
supplied by AVG Technologies (each, a “License Number”) in
connection with more than one (1) copy of the Software at any time, (iv.)
disclose any License Number to any party other than AVG Technologies
or, as required to obtain support services in respect of the Software,
AVG Technologies’ designated representatives, (v.) publish the
Software or any License Number or use the same other than for the
purposes described in Section a of this Agreement; (vi.) except as
expressly authorized by law, reverse engineer, disassemble, decompile,
translate, reconstruct, transform or extract the Software or any portion
of the Software (including without limitation any related malware
signatures and malware detection routines); (vii.) except as expressly
authorized by law, change, modify or otherwise alter the Software
(including without limitation any related malware signatures and
malware detection routines); (viii.) transfer, pledge, rent, share or
sublicense the Software; (ix.) grant any third party access to or use of
the Software on a service bureau, timesharing, subscription service or
application service provider or other similar basis; or (x.) defeat or
circumvent, attempt to defeat or circumvent, or authorize or assist any
third party in defeating or circumventing controls on the installation or
use of copies of the Software.
c. Updates. AVG Technologies, from time to time during the Term, may
provide updates to the Software and/or the malware signatures included
therein (each, an “Update”). Updates will be deemed Software for all
purposes under this Agreement. You acknowledge that you must
routinely download and permit installation of Updates in order to
obtain maximum benefit from the Software. In no event shall AVG
Technologies be obligated to provide you with Updates following the
expiration or termination of this Agreement, and in its sole discretion
may terminate updates for any version of the Software other than the
most current version, or for use of Software in connection with versions
of any third party operating systems, email programs, browser
programs and other software other than the most current version.
d. Customer Comments. AVG Technologies welcomes your comments
concerning the Software, including notice that you have experienced a
Software failure, error or other malfunction and suggestions for
additional or different features and functions. Please send us your
comments and suggestions using the web form located at
http://www.avg.com/ww.customer-feedback. AVG Technologies shall
have no obligation to respond or act on to any such comments or
suggestions, but you grant AVG Technologies a perpetual, irrevocable,
fully paid-up, royalty-free, worldwide right and license under your
intellectual property rights (if any) to implement your comments and
suggestions in the Software and other products and services offered by
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AVG Technologies, its affiliates, and their respective licensors, licensees,
successors and assigns.
2. Term; Termination.
a. Term. The term of this Agreement (the “Term”) will commence on the
date you download the Software, and will continue until terminated by
either party in accordance with this section. You may terminate this
Agreement at any time by deinstalling the Software and destroying all
copies of the Software in your possession or control. AVG Technologies
may terminate this Agreement at any time for any reason or no reason.
AVG Technologies will make commercially reasonable efforts to
provide notice of termination through a dialog box displayed by the
Software when the Software attempts to download an Update, but no
such notice will be required in order for AVG Technologies’
termination to be effective.
b. Effect of Termination. On the expiration or termination of this
Agreement, you will cease using the Software, AVG Technologies may
cease making Updates available to you, and the Software may cease
functioning. Sections b, d, 3, 4, 5 and 6 will survive the expiration or
termination of this Agreement.
3. Ownership.
AVG Technologies reserves all rights in the Software not expressly
granted by this Agreement. All copyrights, trademarks and other
conceivable intellectual property rights in and to the Software
(including, but not limited to, malware signatures and other data
files, images appearing in the Software and screen displays as well
as any and all documentation relating to the Software) are owned
by AVG Technologies or its licensors, and are protected by United
States and foreign copyright laws, international treaties and other
applicable laws. Any copy of the Software you are allowed to
make pursuant to this Agreement must contain the entire
copyright and other notices included with the original copy of the
Software.
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4. No Warranties.
a. AVG TECHNOLOGIES DISCLAIMS ALL WARRANTIES
WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY
OTHER SUBJECT MATTER OF THIS AGREEMENT,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTY OF
MERCHANTABILITY, THE IMPLIED WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED
WARRANTY
OF
NONINFRINGEMENT.
AVG
TECHNOLOGIES DOES NOT WARRANT THAT THE
OPERATION
OF
THE
SOFTWARE
WILL
BE
UNINTERRUPTED OR ERROR FREE, OR THAT THE
SOFTWARE WILL PROVIDE 100% PROTECTION. YOUR
RELIANCE ON THE AVAILABILITY OR ACCURACY OF
THE SOFTWARE SHALL BE ENTIRELY AT YOUR OWN
RISK.
b. Hazardous Environments. You acknowledge that the Software
is not designed or licensed for use in hazardous environments,
including without limitation operation of nuclear facilities,
aircraft navigation systems, aircraft communication systems,
air traffic control, life support or weapons systems and any
other environment in which bodily injury or death could result
from failure of or inability to use the Software. Without
limiting the provisions of Section a of this Agreement, AVG
Technologies and its licensors hereby disclaim any express or
implied warranties of fitness for such use
5. Limitation of Liability.
TO
THE
MAXIMUM
EXTENT
PERMITTED
BY
APPLICABLE LAW, IN NO EVENT SHALL AVG
TECHNOLOGIES OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
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INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR SPECIAL DAMAGES WHATSOEVER, WITHOUT
REGARD TO CAUSE OR THEORY OF LIABILITY
(INCLUDING,
WITHOUT
LIMITATION,
DAMAGES
INCURRED FOR LOSS OF BUSINESS PROFITS OR
REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY
COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE,
BUSINESS
INTERRUPTION,
LOSS
OF
BUSINESS
INFORMATION OR OTHER PECUNIARY LOSS) ARISING
OUT OF THIS AGREEMENT OR THE SOFTWARE
PROVIDED HEREUNDER, EVEN IF AVG TECHNOLOGIES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL AVG TECHNOLOGIES’
LIABILITY RELATED TO THE SOFTWARE EXCEED FIVE
DOLLARS (US$5.00).
THE FOREGOING LIMITATION
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. Miscellaneous.
a. Notice. AVG Technologies may deliver any notice required by this
Agreement via pop-up window, dialog box or other device, even though
you may not receive the notice unless and until you launch the Software.
Any such notice will be deemed delivered on the date AVG Technologies
first makes it available through the Software, irrespective of when you
actually receive it.
b. Privacy.
i.
You acknowledge that AVG Technologies collects and sends to AVG
Technologies certain information regarding the users of the Software,
including certain personally identifiable information as well as certain
information from the user’s computer, including (i) certain information about
your computer software and hardware such as your IP address, operating
system, Web browser software and version, (ii) data concerning potential
malware threats to your computer and the target(s) of those threats, including
the file names, cryptographic hash, vendor, size, date stamps, information
about your computer’s system checkpoints, which may include path, file and
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application names, (iii) copies applications or programs that are deemed
malicious as well as information concerning the behaviors they manifested to
be detected as malicious and application settings and configurations, such as
associated registry keys, and (iv) information about applications that were
wrongfully classified as malicious, meaning that they were allowed to run by
the user after detection. You hereby consent to AVG Technologies’ collection
and use of such information, and agree that AVG Technologies’ collection
and use of such information will be governed by AVG Technologies’ Privacy
Policy, currently published at www.avg.com, as AVG Technologies may
revise the same from time to time.
ii.
BY PROCEEDING TO INSTALL THE TOOLBAR, YOU
ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION,
THE TOOLBAR WILL MODIFY VIA THE SETTINGS OF YOUR
BROWSER THE “DNS ERROR PAGE” AND “ERROR 404 PAGE”.
FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY
COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO THE
VENDOR OF THE TOOLBAR OR ITS REPRESENTATIVE TO HELP
THE VENDOR COMPILE GLOBAL STATISTICS CONCERNING
USAGE OF THE TOOLBAR BY USERS (for example concerning the
number of installations and unique users, the number of clicks which the
Toolbar receives, the number of searches performed by users, etc.). Such
statistical information will not include any personally identifiable information
regarding users.
c. U.S. Government License.
Any Software provided to the U.S.
Government is provided with the commercial license rights and
restrictions described elsewhere herein. AVG Technologies reserves all
unpublished rights under the United States copyright laws.
d. Complete Agreement.
This Agreement constitutes the complete
Agreement between the parties and supersedes all previous
communications and representations or agreements, either oral or
written, with respect to the subject matter hereof.
e. Amendments; Waiver. This Agreement may be modified or changed in
whole or in part in any manner in writing duly signed by both parties
hereto or by a further electronic agreement presented by AVG
Technologies and accepted by you. AVG Technologies’ failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
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f. Severability. The parties desire and intend that all of the provisions of
this Agreement be enforceable to the fullest extent permitted by law. If
any provision of this Agreement or the application thereof to any person
or circumstances is, to any extent, construed to be illegal, invalid or
unenforceable, in whole or in part, then such provision will be
construed in a manner to permit its enforceability under applicable law
to the fullest extent permitted by law. In any case, the remaining terms
of this Agreement or the application thereof to any person or
circumstance, other than those that have been held illegal, invalid or
unenforceable, will remain in full force and effect.
g. Governing Law. This Agreement will be governed by the laws of the
State of Delaware. The exclusive jurisdiction for any dispute will be
state or federal courts sitting in the State of Delaware.
h. Export Controls. You acknowledge that portions of the Software may
be of U.S. origin. You agree to comply with all applicable U.S. and
international laws governing export and reexport of the Software,
including the U.S. Export Administration Regulations, as well as enduser, end-use and destination restrictions issued by U.S. and other
governments.
i. Language. This Agreement was originally prepared in the English
language. Although AVG Technologies may provide one or more
translations for your convenience, the English version will control in the
case of any conflict or discrepancy.
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