End user agreement for Metascan
OPSWAT Metascan End User License Agreement
This End User License Agreement ("EULA") is a legal and enforceable agreement between you ("You"), You being either an individual or a single legal entity, and OPSWAT, Inc. ("OPSWAT") for the OPSWAT product identified above, which includes computer software, antivirus engines and software libraries provided by suppliers, and may include associated media, printed materials and "online" or electronic documentation (collectively, the "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. SOFTWARE LICENSE
The SOFTWARE is the proprietary property of OPSWAT or OPSWAT's suppliers, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. While OPSWAT continues to own SOFTWARE (or have all necessary rights to include and distribute components provided by suppliers), You will have certain rights to use the SOFTWARE after Your acceptance of this EULA. This EULA governs any releases, revisions, or enhancements to the SOFTWARE that OPSWAT licenses to You. Except as may be modified by a license key, license certificate or license token (each a "License Module") that accompanies, precedes or follows this EULA, and as may be further defined in the documentation accompanying the SOFTWARE, Your rights and obligations with respect to the use of the SOFTWARE are as follows.
A. during the license period ("License Period"), install and use the number of copies of the SOFTWARE as have been licensed to you by OPSWAT as documented by the License Module. Your License Module shall constitute proof of your right to make such copies and identify when the License Period ends. If no License Module accompanies, precedes, or follows this EULA, You may make one (1) copy of the SOFTWARE to use on a single computer, computer being defined a single machine with no more than four (4) central processing units ("CPUs"), having one (1) media access control ("MAC") address, running a single copy of Microsoft Windows operating system and, attached to a single power supply, for a License Period of one (1) month;
B. Make one copy of the SOFTWARE for archival purposes, or copy the SOFTWARE onto the hard disk of Your computer and retain the original for archival purposes;
C. after written consent from OPSWAT, transfer the SOFTWARE on a permanent basis to another person or legal entity, provided that You retain no copies of the SOFTWARE and the transferee agrees in writing to the terms of this EULA.
You may not:
A. sublicense, rent, or lease any portion of the SOFTWARE; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the SOFTWARE, or create derivative works from the SOFTWARE;
B. use a previous version or copy of the SOFTWARE after You have received and installed a replacement set or an upgraded version. Upon upgrading the
SOFTWARE, all copies of the prior version must be destroyed;
C. use a later version of the SOFTWARE than is provided herewith unless permitted by Your applicable License Module, or separately acquired the right to use such later version;
D. use the SOFTWARE in any manner not authorized by this EULA.
OPSWAT reserves all rights not expressly granted to you. Without prejudice to any other rights, OPSWAT Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA, or the terms and conditions of the license agreements of OPSWAT suppliers providing bundled antivirus engines as part of the SOFTWARE. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
2. NO WARRANTIES.
To the maximum extent permitted by applicable law, OPSWAT and its suppliers expressly disclaim any warranty for the SOFTWARE. The SOFTWARE and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE remains with you.
3. DISCLAIMER OF DAMAGES.
To the maximum extent permitted by applicable law, in no event shall OPSWAT or its suppliers or distributors be liable for any damages whatsoever (including, without limitation, incidental, exemplary, consequential damages for procurement of substitute goods or services, loss of use, loss of business profit, business interruption, loss of business information, or any other pecuniary loss) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise), arising out of the use of the SOFTWARE, even if OPSWAT or its suppliers or distributors have been advised of the possibility of such damages.
In no case shall the total liability of OPSWAT, or of its suppliers or distributors, exceed the purchase price paid to OPSWAT to license the SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether or not you accept the SOFTWARE or this EULA.
4. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. The SOFTWARE is a "Commercial Item," as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, the SOFTWARE is licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this EULA. Manufacturer is OPSWAT, Inc. 480 2nd Street, Suite 302, San Francisco, CA 94107, United States of America.
5. EXPORT RESTRICTIONS.
You agree that You will not, directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data, or process, or service that is the direct product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable government regulation or statute, without the prior written consent, if required, by such governmental entity as may have jurisdiction over such export or transmission.
6. RIGHT OF PUBLICITY.
You agree that OPSWAT is hereby granted the right to promote your use of the SOFTWARE in OPSWAT's online portfolio, it web site, its press kits, its press releases, and any other promotional materials.
This EULA and any related License Module is the entire agreement between You and OPSWAT and (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This agreement shall terminate upon Your breach of any term contained in the EULA and You shall cease use of and destroy all copies of the SOFTWARE. The disclaimers of warranties and damages and limitations on liability shall survive termination. This EULA may only be modified by a License Module that accompanies this EULA or by a written document that has been signed by both You and OPSWAT. Should You have any questions concerning this Agreement, or if You desire to contact OPSWAT for any reason, please write to: (i) OPSWAT Customer Service, P.O. Box 641103, San Francisco, CA 94164-1103. If any provision of this Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of the remaining provisions.
8. ADDITIONAL TERMS AND RESTRICTIONS.
The SOFTWARE includes components from OPSWAT suppliers. With respect to your use of the following components provided by suppliers additional terms and restrictions apply.
A. The File for Windows library is free software; You can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307, USA.
B. The File for Windows library is Copyright (c) Ian F. Darwin 1986, 1987, 1989, 1990, 1991, 1992, 1994, 1995. This library is not subject to any export provision of the United States Department of Commerce, and may be exported to any country or planet.
C. The 7-Zip library is free software; You can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307, USA.
D. The unRAR library contains sources that cannot be used to re-create the RAR compression algorithm, which is proprietary to its author. Distribution of modified unRAR sources in separate form or as a part of other software is permitted, provided that it is clearly stated in the documentation and source comments that the code may not be used to develop a RAR (WinRAR) compatible archiver.
E. The AES library is Copyright (c) 2001, Dr Brian Gladman
Metascan is a trademark of OPSWAT, Inc. Trademarks not owned by OPSWAT are owned by their respective owners.
(C) 2002-2007 OPSWAT Inc. All rights reserved.