Eult Eng
Eult Eng
IMPORTANT BEFORE INSTALLING OR USING THE SOFTWARE, CAREFULLY READ THE FOLLOWING LEGAL TERMS (TERMS) FOR THE LICENSE OF F-SECURE SOFTWARE. BY SELECTING THE ACCEPTING OPTION BELOW, OR BY INSTALLING, COPYING OR USING THE ACCOMPANYING SOFTWARE YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS, SELECT THE REJECTING OPTION AND DO NOT INSTALL, USE OR COPY THE SOFTWARE. These Terms cover any and all F-Secure programs licensed by you, including related documentation and any update and upgrade of the programs delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items (together the "Software").
COMMERCIAL LICENSE
Subject to the payment of the applicable license fees and subject to the following terms and conditions, you have been granted a nonexclusive, non-transferable right to use the specified Software. F-Secure reserves any and all rights not expressly granted to you. You may: A) Install and use the Software only on as many units (typically handheld devices, personal computers, servers or other hardware) as stated in the F-Secure License Certificate, applicable invoice, product packaging or agreement where these Terms have been appended. If the Software and/or its services are shared through a network or the Software is used to protect traffic from viruses or other malicious code at web and e-mail servers, firewalls or gateways, you must have a license for either scanning capacity or for the total number of users whom the Software provides services to. In such cases you may install the Software on as many units as needed. B) Create copies of the Software for installation and backup purposes only. C) Extend the number of licenses by purchasing additional licenses. You may not: A) Install and use the Software against these Terms, the F-Secure License Certificate or other related documentation. B) Distribute copies of the Software to a third party, electronically transfer the Software to a computer belonging to a third party, or permit a third party to copy the Software. C) Modify, adapt, translate, rent, lease, resell, distribute or create derivative works based upon the Software and/or related files (including but not limited to virus definition databases, security news and descriptions) or any part thereof. D) Decompile, reverse engineer, disassemble, or otherwise reduce the Software and/or related files (including but not limited to virus definition databases, security news and descriptions) to any human-perceivable form (except to the limited extent permitted under mandatory copyright legislation) as the Software contains or may contain trade secrets of F-Secure. E) Use the documentation for any purpose other than to support your use of the Software. F) Disclose the license authorization code provided for the program installation (included but not limited to key code, subscription number and registration key) to any third party. G) Use the Software or any portion thereof to implement any product or service to operate on or in connection with the Software for any other purpose than granted herein. H) Use the Software to publish, distribute and/or obtain software or content (i) not specifically related to F-Secure products and/or services and (ii) not security-related (or any updates to any such software or content). Please contact F-Secure directly if you are interested in any other rights to the Software other than those granted in these Terms.
EVALUATION LICENSE
An Evaluation License is applicable when you download or install an evaluation version of the Software or you are granted a time limited, non-exclusive and non-transferable license by F-Secure or its resellers for evaluation purposes. The Software is licensed to you for the sole purpose of evaluating the Software and only for a specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to you. After the specified time period, you must either purchase the Software license from F-Secure or its reseller, or destroy and stop using the Software. If you purchase a license for the Software before the expiration of the evaluation time and register the Software, you have a valid license and you do not need to destroy the Software. F-Secure shall have no obligation to provide support or maintenance services for Evaluation Licenses. For the avoidance of doubt, the Evaluation License is also subject to restrictions set out above as items A-H. F-Secure reserves any and all rights not expressly granted to you.
NON-COMMERCIAL LICENSE
A Non-Commercial License is applicable when you download or install a free version of a detection and/or removal tool made available to you by F-Secure or its reseller. Such Software is licensed to you only for a limited period as a non-exclusive, non-transferable license and is intended only as a supplementary tool (not for ongoing content security purposes). F-Secure reserves the right to discontinue the ability to use this type of Software at any time and is under no obligation to provide support or maintenance services for Non-Commercial Licenses. For the avoidance of doubt, the Non-Commercial License is also subject to restrictions set out above as items A-H. F-Secure reserves any and all rights not expressly granted to you.
TITLE
Title, ownership rights, and intellectual property rights in the Software shall remain those of F-Secure and/or its suppliers. The Software is protected by copyright laws and international copyright and other intellectual property treaties.
Disclaimer of Warranty on Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. FSECURE, ITS LICENSORS AND DISTRIBUTORS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. F-Secure, its licensors and distributors do not guarantee the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire risk as to the results and performance of the Software and related documentation. Complete Statement of Warranty. The limited warranty on media provided in the paragraph above is the only warranty of any kind that is made by F-Secure. No oral or written information or advice given by F-Secure, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of the foregoing limited warranty, and you may not rely on any such information or advice. Some jurisdictions do not allow the limitation or exclusion of express or implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary from jurisdiction to jurisdiction. Limitation of Liability. IN NO EVENT SHALL F-SECURE, ITS LICENSORS, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF F-SECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions 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. F-SECURE, ITS LICENSORS, DISTRIBUTORS AND SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE. OUR MAXIMUM LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. Nothing contained in these Terms shall prejudice the statutory rights of any party dealing as a consumer. F-Secure is acting on behalf of its employees, distributors, licensors and affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause, but in no other respects and for no other purpose. Limitation of Liability Under German and Austrian Laws. In respect of licenses purchased by consumers residing in Germany or Austria, concerning the limitation of liability the following applies: Concerning claims for damages, claims for compensation of expenses and other liability claims, whether arising in contract, tort, breach of statutory duty or otherwise under this license the following applies: FSecure, its licensors, its distributors or its suppliers shall be liable without restriction for i) damage caused intentionally or through gross negligence, ii) for claims according to the German/Austrian Product Liability Act and iii) in the case of violating life, body or health. In the event of simple negligence, the following applies: F-Secure, its licensors, its distributors or its suppliers shall only be liable insofar as it has breached an essential contractual obligation (cardinal contractual obligation). This liability shall be restricted to the contractually typical and foreseeable damage in the case of material and pecuniary damages.
GENERAL
Without prejudice to any other rights of termination, your license to the Software will terminate immediately without notice if you are in breach of any of these Terms relating to export or license restrictions. You shall not be entitled to a refund from F-Secure or any of its resellers as a result of termination. The Terms concerning restrictions on use shall continue in force even after any termination. F-Secure 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. Unless otherwise stated below, these Terms shall be governed under the laws of Finland without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sale of Goods. The courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms. In the case of licenses purchased within or on behalf of licensees residing within the United States or operating under the laws of the United States the governing law of these Terms shall be the laws of the State of California without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sale of Goods. In such cases, the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms shall be of the federal and state courts located in California. In respect of licenses purchased by consumers residing outside Finland or the United States, these Terms may be governed under the mandatory local laws of such jurisdictions. If you have any questions concerning these Terms, or you would like to contact F-Secure for any other reason, please write: F-Secure Corporation, PL24, FI-00181 Helsinki, Finland, fax: +358 9 2520 5001, e-mail: [email protected] or call: +358 9 2520 0700. May 2008, F-Secure Corporation