End user agreement for Prevx CSI - FREE Malware Scanner
Prevx CSI License Agreement
IMPORTANT: ALL INTELLECTUAL PROPERTY RIGHTS IN THE PREVX CSI 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 NOT CLICK THE 'I 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 'I Accept' button.
Agreement means this Agreement.
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 Prevx CSI. A policy is a rule within Prevx CSI to monitor areas of the system for program activity.
Prevx means Prevx Limited of 3 New Park Place, Derby, DE24 8DZ
Prevx Software and Prevx CSI mean the Prevx CSI 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.
Updates means updates to Prevx CSI , 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 download and run one or more copies of the Prevx Software on personal or business computers.
1.2 By accepting this Agreement, you undertake:
1.2.1 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;
1.2.2 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;
1.2.3 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
1.2.4 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 running 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.
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4. UPDATED VERSIONS
4.1 Prevx will make available to you such security or software updates as it releases to its Prevx CSI 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 running such updated versions of the Prevx Software.
4.3 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 than two versions.
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6. MAINTENANCE AND SUPPORT
You will have access to Updates and the Prevx CSI support services which provide electronic technical support. This can be obtained by using the support form on the Prevx website. 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 TOTAL FEES, IF ANY, 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 Prevx CSI 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 than the legal requirement for credit card processing, if applicable, which is not linked in any way 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. These statistics may be used by Prevx in its malware research, publicity, marketing and promotional materials. We use the attack data for 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 download or run Prevx CSI.
Users and their agents may publicise any of the information provided by the Prevx CSI product on forums and in public information statements that are intended to draw attention to malicious or suspect software, provided that they include a suitable acknowledgement that the data was gathered using the Prevx CSI product.
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.