End user agreement for Prevx2.0
Prevx2.0 License Agreement
IMPORTANT: ALL INTELLECTUAL PROPERTY RIGHTS IN THE PREVX2.0 SOFTWARE PRODUCT(S) TOGETHER WITH ANY ACCOMPANYING DOCUMENTATION, MATERIAL AND UPDATES BELONG TO PREVX LIMITED (Prevx) AND/OR IT'S LICENSORS. PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY AS IT IS A LEGAL AGREEMENT BETWEEN YOU AND PREVX.
CLICKING THE I ACCEPT BUTTON BELOW OR INSTALLING OR USING THE PREVX SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE SYSTEM RECEIVING YOUR RESPONSE IS NOT CAPABLE OF INTERPRETING OR REACTING TO ANY TERMS OR INPUT SUBMITTED OR TRANSMITTED BY YOU OTHER THAN YOUR ACCEPTANCE OR REJECTION. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST CLICK THE I DO NOT ACCEPT BUTTON, IN WHICH CASE YOU WILL NOT BE AUTHORISED TO INSTALL OR USE THE PREVX SOFTWARE.
Activation Date means the date on which you accept this Agreement by clicking the accept button.
Agreement means this Agreement together with the License Code and License Details.
Community threat database means Prevx's central database which collects Attack Data for further analysis in the fight against Internet crime. Attack Data consist of program information and events generated by programs that are executed on Your computer. Events are generated by program activity which violates a trigger (or policy) within Prevx2.0. A policy is a rule within Prevx2.0 to monitor areas of the system for program activity.
License Code means the alphanumeric code provided to You by Prevx for the activation of Prevx2.0.
License Details means the details shown on the Prevx2.0 web download screen and includes but is not limited to your License Code and your Subscription Fee.
License Date means the date when the licensing code is entered by You after payment has been made.
License Renewal Date means the date when the licensing code expires and a further payment will be required.
Prevx means Prevx Limited of 3 New Park Place, Derby, DE24 8DZ
Prevx Software and Prevx2.0 mean the Prevx2.0 security software downloaded by You from the Internet, together with any associated documentation and any other relevant operational literature contained within the Prevx Software and any Updates to these received by you. The Prevx Software provides security functionality and reports anonymous threat data to Prevx's central Community threat database.
Trial Period means the period of days, as notified to You while running Prevx2.0, from the Activation Date where components of the software will be made available free of charge for a limited period.
Subscription Fee means the subscription fee payable by you no later than the end of the trail period should you wish to continue using Prevx2.0 in full function mode after the Trial Period. After the subscription fee period should you wish to continue to receive Updates and maintain full protection and cleanup for subsequent period the Subscription Fee is payable on each expiry of the licensing Date. The amount of the Subscription Fee of Prevx2.0 is as shown on the Prevx website. For subsequent periods the Subscription Fee is as published on the Prevx website.
Updates means updates to Prevx2.0 , its software, policies, signatures, data and documentation provided to you from time to time by Prevx.
1. LICENSE GRANT
1.1 Subject to all of the terms and conditions of this Agreement, Prevx grants you a non-exclusive, non-transferable license to install a single copy of the Prevx Software on personal or a business computer.
1.2 By accepting this Agreement, you undertake:
1.2.1 that the Prevx Software will be used only on a personal or a business PC and not on a server, (for the avoidance of doubt you acknowledge that the Prevx2.0 Software has not been designed to work on a server and may cause problems to your system should it be so used); Subsequent Prevx Software will be designed specifically for Servers and you should contact Prevx2.0 for details.
1.2.2 once downloaded, not to copy the Prevx Software other than to make a backup copy to be used only to replace your original copy of the Prevx Software in the event that it becomes unusable;
1.2.3 except as permitted in this Agreement, not to disassemble, decompile or reverse engineer the Prevx Software or otherwise attempt to derive the source code (or the underlying ideas, structure, sequence, organization or algorithms) from the Prevx Software, except to the limited extent expressly permitted by applicable law;
1.2.4 not to translate, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works of the Prevx Software or use of any the Prevx Software in connection with any timesharing arrangement or service bureau for the benefit of a third party;
1.2.5 within 14 days after the date of termination or discontinuance of this Agreement for whatever reason, to destroy the Prevx Software and all upgrades or copies in your possession or control; and
1.2.6 to reproduce and not remove, modify or obscure any copyright notice, trademark or any other proprietary notice of Prevx as it appears in or on the Prevx Software on all copies.
1.3 You acknowledge that you are responsible for downloading and installing the Prevx Software.
2. TITLE AND COPYRIGHT
2.1 The Prevx Software is proprietary to Prevx and/or its licensors. All right, title and interest in and to the Prevx Software and all copyright, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Prevx Software, and all copies of the Prevx Software regardless of the form or media on which it exists, shall at all times remain the exclusive property of Prevx and/or its licensors.
2.2 All rights not expressly granted under this Agreement are reserved by Prevx.
3. PAYMENT OF SUBSCRIPTION FEE
You may use some components of the Prevx Software free of charge. If you wish to continue using the Prevx Software in full function mode after the expiry of the Trial Period then you must pay the Subscription Fee to Prevx on or before the end of the Trial Period. Details of how to make payment are shown on the License Details and on the Prevx website www.prevx.com. If you do not wish to continue using the Prevx Software after the Trial Period and do not pay the Subscription Fee as set out above then some components will cease to be fully functional. For subsequent years if you wish to continue to receive Updates the Subscription Fee is due and payable in advance on or prior to each expiry of the License. If you do not wish to renew your subscription for use of the Prevx Software after your license period then you need not pay any further Subscription Fees in which case you will continue to be able to use the Prevx Software but will not receive the full benefits of the software. The Subscription Fee is inclusive of Value Added Tax or other applicable sales taxes for your region.
3.1 PREVX2.0 RESEARCH FREE VERSION
Prevx also provides a version of the Prevx2.0 software called PINNACLER available from http://free.prevx.com. This version is provided completely free of charge under the following conditions:
3.1.1 You acknowledge the Research product may contain bugs deterimental to your system.
3.1.2 Research versions should not be considered or compared with a saleable product.
3.1.3 It will have more coding issues and you may well be required to de-install and re-install from time to time.
3.1.4 We reserve the right to cancel the programme without consultation.
3.1.5 You acknowledge the Disclaimer in section 7 and Limitations of Liability in section 8 below.
3.2 PREVX2.0 LICENSING AND CONTROL CENTER
Prevx provide a range of products for the end user to purchase. Prevx2.0 Single, Pro and Expert our single user licenses. The Prevx2.0 Family product provides a multi-user license for up to 4 systems for the home user and small businesses. The Prevx2.0 Enterprise product allows for multiple tiered licensing for largescale deployment of Prevx agents. The Prevx2.0 Family and Prevx2.0 Enterprise products are deployed with the Prevx2.0 Control Center. The Control Center allow for the central management of the Prevx2.0 Agents installed with the same license keys issued as part of the license purchase.
3.2.1 The Control Center allows for an administrator to override the security settings as supplied by Prevx. It is the responsibility of the end user to ensure any modification to these settings are correct. Prevx2.0 will not be bound by errors caused through the misuse of this functionality. In this regard section 8 applies.
4. UPDATED VERSIONS
4.1 Subject to your payment of the Subscription Fee Prevx will make available to you such security or software updates as it releases to its Prevx2.0 customers from time to time.
4.2 All updated versions of the Prevx Software shall remain subject to the terms of this Agreement. You acknowledge that you are responsible for downloading and installing such updated versions of the Prevx Software.
4.3 Prevx2.0 PINNACLER will be updated and maintained free of charge.
4.4 It is the responsibility of the user to maintain regular updates as provided by Prevx. Prevx reserve the right to only respond to support calls on versions of any product no older then two versions.
5. RESTRICTIONS ON TRANSFER
The license granted under this Agreement is personal to you, and neither your rights nor any copy of the Prevx Software may be sold, assigned, distributed, transferred or sublicensed to any other person, in any form (including electronic media), without the prior written consent of Prevx. Any transfer without consent from Prevx will be null and void and will automatically terminate your right to use or possess the Prevx Software.
6. MAINTENANCE AND SUPPORT
Subject to your payment of the Subscription Fee you will have access to Updates and the Prevx2.0 support services which provides electronic technical support. This can be obtained by using the support form on the Prevx website or by selecting the support menu option from Prevx2.0. Other than as set out in this Paragraph 6 Prevx has no obligation to provide maintenance services or additional technical support for the Prevx Software.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PREVX SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OR ASSURANCES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT PREVX DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PERFORMANCE, USE OR RESULTS OF THE USE OF THE PREVX SOFTWARE OR ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR USE OF THE PREVX SOFTWARE. This disclaimer of warranty is an essential part of this Agreement.
7.2 Some jurisdictions do not allow limitations on implied warranties or conditions, so the above limitations may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
7.3 If you are acquiring the Prevx Software as a consumer and not by or on behalf of a business or a corporate entity, nothing in this agreement affects your statutory rights.
8. LIMITATION OF LIABILITY
8.1 NOTWITHSTANDING ANYTHING ELSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREVX SHALL NOT BE LIABLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
8.1.1 ANY LOSS OF BUSINESS;
8.1.2 LOSS OF REPUTATION;
8.1.3 LOSS OF PROFITS OR GOODWILL;
8.1.4 LOSS OF USE;
8.1.5 LOSS OR DAMAGE TO OR CORRUPTION OF DATA;
8.1.6 THE UNAUTHORIZED DISCLOSURE OF SENSITIVE, VALUABLE, OR CONFIDENTIAL INFORMATION;
8.1.7 LOSS ATTRIBUTABLE TO your FAILURE TO MAKE AND RETAIN REASONABLE BACK UPS OF YOUR DATA;
8.1.8 INTERRUPTION OF BUSINESS;
8.1.9 ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR ANY COSTS OF PROCURING SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS.
8.1.10 MISUSE OF THE PRODUCT NOT FOR THE PURPOSE FOR WHICH IT WAS INTENDED.
8.2 Prevx's liability to you for death or bodily injury resulting from the negligence of Prevx or for fraudulent misrepresentation shall not be limited by any provision in this Agreement. OTHERWISE IF, NOTWITHSTANDING PARAGRAPH 8.1, PREVX IS HELD TO HAVE LIABILITY TO YOU IN RELATION TO THE PREVX SOFTWARE WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, PREVX'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE SUBSCRIPTION FEE PAID BY YOU TO PREVX FOR THE PREVX SOFTWARE.
9. TERM AND TERMINATION
This Agreement is effective until terminated. In the event you fail to comply with any provision of this Agreement, Prevx may terminate this Agreement immediately with or without any prior notice. Upon termination you shall destroy all copies of the Prevx Software in your possession or control. Termination is not an exclusive remedy and all other remedies will be available to Prevx whether or not this Agreement is terminated.
10. U.S. GOVERNMENT RESTRICTED RIGHTS.
As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(1) or otherwise, the Prevx Software is a commercial item, commercial computer software and/or commercial computer software documentation. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution of the Prevx Software by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted herein.
In the event of any dispute, difference of interpretation or controversy or claim arising out of or relating to this Agreement, or the breach thereof, (Dispute) either party shall before initiating any legal action submit such dispute to mediation in accordance with the WIPO Mediation Rules.
12. PRIVACY AND COMBATING INTERNET CRIME
Prevx is committed to combating internet crime, the abuse of the internet and unauthorized intrusions into personal privacy. We believe Prevx2.0 is a powerful tool in this fight, providing you with added protection while accessing the internet and information to help fight internet crime.
The Prevx Software provided to you will report attempted intrusion events (the Attack Data) to our Community threat database anonymously. The Attack Data and program information is anonymous and cannot be traced to you or your PC. We do not receive or record any personal data that can or will be used to identify you or your computer. We do not require or request your email address (other then the legal requirement for credit card processing, which is not linked in anyway to the Attack Data received) or any other personal details to identify you or your PC.
We need your Help
Prevx appreciates your help in contributing to the fight against Internet crime. This fight cannot be won without the help and collaboration of the end user community, hence the term Community. Prevx believes this is essential if the Internet is to be saved from destruction by misuse and crime, your Attack Data will play a part in helping with the effort to combat this.
On receipt, the Attack Data is aggregated into our Community database and used to make determinations on good and bad programs. In addition the Attack Data is used to produce general statistics on attacks, threats, their propagation and overall measures of the level of internet abuse and crime. We do not use it for any other purpose other than analyzing and publishing overall threat activity on the internet, researching threats, compiling statistics and to further refine and improve the performance of the Prevx Software. If you do not wish to be part of a campaign to fight internet crime through the Community, then do not install Prevx2.0.
13. GOVERNING LAW AND GENERAL PROVISIONS
13.1 This Agreement constitutes the entire understanding between us in connection with the licensing of the Prevx Software and supersedes and extinguishes all prior agreements, negotiations and discussions in relation to it. You acknowledge that in entering into this Agreement You do not do so on the basis of, and You do not rely on any representation (unless made fraudulently) warranty or other provision not expressly contained in this Agreement.
13.2 If any of the provisions of this Agreement are invalid or become illegal or unenforceable then you and Prevx agree that to that extent the offending provisions shall be deemed omitted and shall not affect the enforceability of the remaining provisions hereof which shall remain in full force and effect.
13.3 This Agreement shall automatically terminate upon failure by you to comply with its terms. Upon such termination you agree to uninstall and destroy all copies of the Prevx Software.
13.4 This Agreement may only be modified in writing signed by an authorized officer of Prevx.
13.5 The rights of neither party shall be prejudiced or restricted by any indulgence or forbearance extended by such party or by any delay in exercising or failure to exercise any right and no waiver by either party of any breach shall operate as a waiver of any other or further breach.
13.6 Prevx may assign this Agreement or any part of it to any other person, firm or organization without prior notice to you.
13.7 No rights are conferred on any third party by virtue of this Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
13.8 If you are resident in any jurisdiction outside the United States of America, this Agreement will be governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts. If you are resident in the United States of America, then this Agreement will be governed by the laws of the State of California without regard to its conflicts of laws provisions and the parties hereby submit to the exclusive jurisdiction of the State and Federal Courts of California.