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eula.txt
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2004-03-17
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Licence agreement AntiVir« Personal Edition
===========================================
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« Personal Edition 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« Personal Edition 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 Datentechnik GmbH only offers this Software for downloading from the userÆs
server. H+BEDV Datentechnik GmbH
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 Datentechnik GmbH 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 Datentechnik GmbH 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 Datentechnik GmbH 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 Datentechnik GmbH 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 Datentechnik GmbH 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 Datentechnik GmbH 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.de].
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 Datentechnik GmbH.
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.de.
If you wish to contact the Licensor for any other reasons, please send a mail to
vertrieb@antivir.de or write to:
H+BEDV Datentechnik GmbH,
Customer Service
Lindauer Str. 21
D-88069 Tettnang
Germany