BitDefender Antivirus 2009

BitDefender Antivirus 2009

End User Software License Agreement

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL

THE SOFTWARE. BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY

INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING

YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF

THIS AGREEMENT.

PRODUCT REGISTRATION. By accepting this Agreement, You agree to register

Your Software, using "My account", as a condition of Your use of the Software

(receiving updates) and Your right to Maintenance. This control helps ensure that the

Software operates only on validly licensed Computers and that validly licensed end users receive Maintenance services. Registration requires a valid product serial number and a valid email address for renewal and other legal notices.

These Terms cover BitDefender Solutions and Services for home-users licensed to you, including related documentation and any update and upgrade of the applications delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items.

This License Agreement is a legal agreement between you (either an individual or a legal person) and BITDEFENDER for use of BITDEFENDER’s software product identified above, which includes computer software and services, and may include associated media, printed materials, and "online" or electronic documentation (hereafter designated as "BitDefender"), all of which are protected by international copyright laws and international treaties. By installing, copying or using BitDefender, you agree to be bound by the terms of this agreement.

If you do not agree to the terms of this agreement, do not install or use BitDefender.

BitDefender License. BitDefender is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. BitDefender is licensed, not sold.

GRANT OF LICENSE. BITDEFENDER hereby grants you and only you the following non-exclusive, limited, non-transferable and royalty-bearing license to use BitDefender.

APPLICATION SOFTWARE. You may install and use BitDefender, on as many computers as necessary with the limitation imposed by the total number of licensed users. You may make one additional copy for back-up purpose.

DESKTOP USER LICENSE. This license applies to BitDefender software that can be installed on a single computer and which does not provide network services. Each primary user may install this software on a single computer and may make one

End User Software License Agreement ix

BitDefender Antivirus 2009

additional copy for backup on a different device. The number of primary users allowed is the number of the users of the license.

TERM OF LICENSE. The license granted hereunder shall commence on the purchasing date of BitDefender and shall expire at the end of the period for which the license is purchased.

EXPIRATION. The product will cease to perform its functions immediately upon expiration of the license.

UPGRADES. If BitDefender is labeled as an upgrade, you must be properly licensed to use a product identified by BITDEFENDER as being eligible for the upgrade in order to use BitDefender. A BitDefender labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License

Agreement. If BitDefender is an upgrade of a component of a package of software programs that you licensed as a single product, BitDefender may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and BITDEFENDER regarding the original product or the resulting upgraded product.

COPYRIGHT. All rights, titles and interest in and to BitDefender and all copyright rights in and to BitDefender (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into BitDefender), the accompanying printed materials, and any copies of BitDefender are owned by

BITDEFENDER. BitDefender is protected by copyright laws and international treaty provisions. Therefore, you must treat BitDefender like any other copyrighted material.

You may not copy the printed materials accompanying BitDefender. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which BitDefender exists. You may not sub-license, rent, sell, lease or share the BitDefender license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for BitDefender.

LIMITED WARRANTY. BITDEFENDER warrants that the media on which BitDefender is distributed is free from defects for a period of thirty days from the date of delivery of BitDefender to you. Your sole remedy for a breach of this warranty will be that

BITDEFENDER , at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for BitDefender. BITDEFENDER does not warrant that BitDefender will be uninterrupted or error free or that the errors will

End User Software License Agreement x

BitDefender Antivirus 2009

be corrected. BITDEFENDER does not warrant that BitDefender will meet your requirements.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER

DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT

TO THE PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED

THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR

SERVICES SUPPLIED BY HIM. BITDEFENDER HEREBY EXPRESSLY DISCLAIMS

ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT

LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR

A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA,

ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON

INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR

REMOVING SUCH THIRD PARTY’S SOFTWARE, SPYWARE, ADWARE, COOKIES,

EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING

BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE

USAGE.

DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating BitDefender bears all risk to the quality and performance of BitDefender. In no event shall BITDEFENDER be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of BitDefender, even if

BITDEFENDER has been advised of the existence or possibility of such damages.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY

FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION

OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO CASE SHALL BITDEFENDER'S LIABILITY EXCEED THE PURCHASE PRICE

PAID BY YOU FOR BITDEFENDER. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test BitDefender.

IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT

AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS

ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS

SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION,

NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS,

DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR

ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN

DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.

CONSENT TO ELECRONIC COMMUNICATIONS. BitDefender may be required to send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us ("Communications").

End User Software License Agreement xi

BitDefender Antivirus 2009

BitDefender will send Communications via in-product notices or via email to the primary user's registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.

GENERAL. This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of

Romania.

Prices, costs and fees for use of BitDefender are subject to change without prior notice to you.

In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.

BitDefender and BitDefender logos are trademarks of BITDEFENDER. All other trademarks used in the product or in associated materials are the property of their respective owners.

The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from BITDEFENDER or any resellers of BitDefender as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.

BITDEFENDER may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Software distributed with the revised terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.

In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by BITDEFENDER shall prevail.

Contact BITDEFENDER, at 24, Preciziei Boulevard, West Gate Building H2, ground floor, Sector 6, Bucharest, Romania, or at Tel No: 40-21-206.34.70 or Fax:

40-21-264.17.99, e-mail address: [email protected]

.

End User Software License Agreement xii