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AntiVirr/9x Personal Edition for Windows 95 and
98 |
AntiVir/NT Personal Edition for Windows NT
Workstation |
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I agree to be
bound by the terms of this agreement and would like to start the download
of AntiVir/9x Personal Edition. |
I agree to be
bound by the terms of this agreement and would like to start the download
of AntiVir/NT Personal Edition. |
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Licence
agreement AntiVir« Personal
Edition |
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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
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| 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 only
offers this Software for downloading from the userÆs server. H+BEDV
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
| 1. |
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 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 has acted with intent or gross negligence or unless the
damage claims result from the failure to ensure a warranted quality.
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| 3. |
Insofar as
grounds for liability on the part of H+BEDV 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 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 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 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.com]. |
| 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. |
º10 Choice of law
| 1. |
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. |
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, Lindauer Strasse 21, 88069 Tettnang,
Germany.
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