End user agreement for Panda Cloud Antivirus
THIS LICENSE AGREEMENT IS REFERRED TO THE FOLLOWING PRODUCTS:
PANDA CLOUD ANTIVIRUS,
PANDA SECURITY TOOLBAR, AND
PANDA IDENTITY PROTECT
Please read the following license agreement carefully before using this program. By accepting the agreement, you are agreeing to become the user or licensee and expressing your complete acceptance of all the terms and conditions of this license agreement. If you do not accept the terms of the agreement, do not install the program. Similarly, use of the program implies your acceptance to be bound by the terms and conditions of this license agreement.
This license agreement represents the entire agreement between the licensee and PANDA SECURITY S.L (hereinafter PANDA). This license agreement supersedes any prior license agreements between the licensee and PANDA with respect to this program. Similarly, and where permissible under applicable legislation, the terms and conditions of the present license agreement shall take precedence over any communication or advertising material in the event that such material contradicts any of said terms and conditions or where such material predates this license agreement.
The acceptance of the terms and conditions of this agreement does not confer any rights of ownership not specified in the present license agreement over the aforementioned program belonging to PANDA.
1.- LICENSE GRANT.- By means of the present agreement, PANDA grants the licensee a non-exclusive and non-transferable license to use the program and documentation in accordance with the terms and conditions established herein.
A) In the case of the Free Edition version, this license agreement grants the licensee the right to use the program only in the following circumstances:
- Multiple home user computers (for private use).
- Computers (unlimited in number) belonging to non-governmental organizations and other non-profit-making organizations.
- Computers (unlimited in number) belonging to state-owned schools.
Under no circumstances is the license granted for commercial purposes or use, nor for corporate environments. PANDA and/or the licensee may terminate, without any cause whatsoever, this license agreement at any time by informing the other party. The licensee must uninstall the program and destroy any copies thereof on expiry of this license agreement, unless PANDA gives written authorization to the contrary.
B) If the licensee has contracted the Pro Edition version, this license agreement grants the right to use the program for the period contracted on as many computers and/or servers as licenses contracted.
In network environments, licenses must be acquired for a maximum number of computers connected to the server or maximum number of users connected to the server. This number may not exceed the number of licenses contracted.
In the case of computers not connected to a network, licenses must be acquired for each computer on which the licensee is to install the program. This number may not exceed the number of licenses contracted.
In the case of subscription versions, if the monthly or periodic subscription fees are not paid, or when the subscription period has expired, the licensee will lose the rights to access the services associated with the program.
2.- INTELLECTUAL PROPERTY.- This program, as well as any corresponding documentation or information, is the exclusive property of PANDA. PANDA owns all intellectual property rights and copyrights pertaining to the programs, documentation or any other work, program or product given to the licensee by PANDA as part of this agreement.
PANDA authorizes the use of its programs and products in comparative reviews provided that these are objective and carried out in good faith and in accordance with accepted or customary industry practices. These reviews may only be carried out using the latest versions of the programs and products concerned.
3.- BACKUP COPY.- The present license agreement authorizes the licensee to make a single backup copy of the program downloaded from the Internet, provided that such copy contains all corresponding software ownership notices.
4.- MODIFICATIONS TO PRODUCTS AND SERVICES.- The licensee acknowledges and accepts that for the duration of the present license agreement, and in order that PANDA products adapt to technological advances and improve accordingly, PANDA may cease to develop the program or product contracted by the licensee in favor of others. In such circumstances, the licensee may choose another program or product in accordance with PANDA’s product migration policy. In this event, the licensee agrees to accept the conditions of such policy and adapt his/or computer accordingly should it be necessary. Migration to the new program or product may or not be free of charge depending on the resources that PANDA has dedicated to the research and development of the new programs or products and the extent to which they differ from the programs or products replaced.
In the case of the Pro Edition version, the licensee also accepts that during the contracted period, PANDA may change or modify the services in order to adapt to the aforementioned technological advances.
The licensee agrees to accept these changes without demanding any compensation whatsoever. PANDA will notify the licensee of any such changes.
Similarly, when the present license agreement has terminated, in cases of program and product renewals, the licensee is aware that the services and/or characteristics of the program or product may have been modified to adapt to technological advances and that therefore he/she would have to change to a new program or product or version thereof according to the policy established by PANDA.
If the licensee changes to a new version or new PANDA program or product to update a previous version, the updated version, program or product is the only one the licensee has the right to use, accepting exclusively the terms and conditions applicable to all documentation, material and specifications corresponding to the new version, program or product. The licensee is obliged in such cases to delete any material corresponding to the previous version.
By accepting this license agreement, the licensee accepts all such modifications to the characteristics of the program or product. Please check all such modifications before accepting this license agreement.
5.- DATA COLLECTION TECHNOLOGY.- PANDA informs the licensee that the program or product uses data collection technology to collect technical information (including suspicious files) to improve the program or product, to adapt it to user preferences and to prevent the unlicensed or illegal use of the program or product. The licensee accepts that PANDA may use such information in order to provide the functionalities offered by the program or product. The licensee acknowledges and accepts that PANDA may provide updates or additions to the program or product which are automatically downloaded onto the licensee's computer.
If the licensee has contracted the Free Edition, he/she may have to provide PANDA with personal data in order to contract and use the program.
In the case of the Pro Edition version, the licensee is hereby informed and gives consent to the processing of his/her personal data, which is facilitated to PANDA as a consequence of the contracting and use of the program, in order to access information or services provided by PANDA or to maintain the contractual relationship or to send marketing information by any means including electronically.
A) In the case of the Free Edition version, as this is a free program, PANDA offers no warranties, without prejudice to applicable consumer legislation in each corresponding state or jurisdiction. PANDA does however undertake to make any reasonable effort to correct errors that can be reproduced in the principal designed functions of the program.
B) In the case of the Pro Edition version, PANDA guarantees that the program will fulfill its principal designed functions in accordance with the documentation and/or the Help file that accompany the program for ninety days (90) from the date of activation against any manufacturing or operating defect without prejudice to any applicable consumer protection legislation. During this period, PANDA shall offer the following limited warranty, which represents the maximum guarantee that PANDA offers the licensee with respect to any defects in the program, product or documentation covered by the present agreement. PANDA guarantees to repair or replace the files downloaded via Internet should they be defective or prevent the functioning of the program.
Under no circumstances shall PANDA be held responsible for any error or malfunction caused by external elements, including hardware or software, to the functionality of the licensed program. Nor shall PANDA be held responsible in cases where the program has been used in any way other than that specified by PANDA, or in any other abusive, negligent or inappropriate way (including, but not limited to, its use outside the recommended environment).
PANDA shall not be held responsible by any person or entity regarding any damage or loss allegedly caused by the use or inability to use the program or product, either directly or indirectly, including (but not limited to) business interruptions, monetary loss or loss of anticipated income as a result of the use of the program.
The program is provided as is, and no claims shall be accepted concerning failure to fulfill presumed functions. PANDA does not guarantee that the software is error free, nor that it will function without interruption. The licensee knows and accepts, under his/her own responsibility, that due to the modifications that viruses cause in files they infect, it is possible that the disinfection process could produce unforeseen changes to these files.
The licensee is responsible for the use of the program by others. The licensee accepts responsibility for any losses and/or damages and costs arising from any incompatibility between this program or updates thereof and any third-party software that the licensee has installed on his/her computer as well as any other problems that may arise due to the interaction between both programs, or for code strings that coincide.
Notwithstanding the terms of this agreement, under no circumstances shall PANDA be liable for any damages greater than the fee paid, where applicable, by the licensee for the program, regardless of whether the licensee has informed PANDA of the possibility of such damages.
7.- HIGH RISK ENVIRONMENTS.- This program has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. PANDA specifically disclaims any express or implicit guarantee of the program’s suitability for these types of activities.
8.- TRANSFER RESTRICTIONS AND TERMINATION.- The licensee may not license, sublicense, distribute, loan or transfer the program in any form without prior written consent from PANDA. Upon termination of the present license agreement, the licensee shall cease to use the program immediately and destroy all copies.
9.- OTHER RESTRICTIONS.- This program is delivered via the Internet. The program may only be used on the licensee’s own computer(s). It may not be used on computers that are not the property of the licensee, nor may it be lent, rented, leased, given away, donated or transferred to another user.
The licensee may not transfer the rights granted by means of this license agreement. It is not permitted to decompile, reverse-engineer or disassemble wholly or partially this program.
The licensee may not make any alterations, either wholly or partially, to the software and/or any other documentation or material included with the product.
10.- JURISDICTION.- The present agreement is governed by Spanish law and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Bilbao Courts of Justice. Both parties expressly renounce any other jurisdiction that may correspond to them.
11.- GENERAL.- The licensee authorizes PANDA personnel to visit him/her in order to verify that the conditions of this license are met.
The licensee knows and accepts that PANDA may take legal proceedings should he/she not adhere to this license agreement. PANDA reserves the right to terminate the present license agreement automatically without prior notice should the licensee fail to comply with any of the terms and conditions of the present agreement.
If any provision in this agreement is against the law, that provision will be considered void, without affecting the totality of the agreement or implying that the agreement is void.
PANDA expressly reserves all other rights it may have and that are not herein granted to the licensee.
Panda Security, S.L.
Gran Via D. Diego Lopez de Haro 4
Tel. +34 94 425 11 00
Fax: + 34 94 424 46 97
Email address: email@example.com
? Panda Security 2010
PANDA SECURITY TOOLBAR END-USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY.
ONCE INSTALLED, THE "Panda Security Toolbar" SOFTWARE PLUGIN (the "Toolbar") WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE THE MICROSOFT INTERNET EXPLORER AND/OR MOZILLA FIREFOX BROWSER PROGRAMS. BEFORE YOU CAN USE THE TOOLBAR HOWEVER, YOU MUST ACCEPT THE FOLLOWING AGREEMENT (the "Agreement").
If you agree to the following Agreement between you (the user) and "Visicom Media Inc." ("LICENSOR"), you will be granted the following limited rights to install and use the Toolbar:
A. You may use the Toolbar for personal use, on a single computer per legitimate copy which you download from LICENSOR. If you wish to use the Toolbar for commercial use or if you wish to redistribute the Toolbar to others, you will require the prior express written authorization of LICENSOR;
B. You may not otherwise reproduce, distribute, transmit, print or transfer information related to Toolbar.
BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR WILL MODIFY THE SETTINGS OF YOUR BROWSER CONCERNING "DNS ERROR PAGE", "ERROR 404 PAGE", "ADDRESS BAR SEARCH", "NEW TAB" AND "DEFAULT BROWSER SEARCH". FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO LICENSOR and/or VISICOM MEDIA, Inc. ("VISICOM") VIA ("APPLICATIONSTAT.COM") TO HELP LICENSOR COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR BY USERS (for example concerning the number of installations and unique users, the number of clicks which the Toolbar receives, the number of searches performed by users, etc.). Such statistical information will not include any personally identifiable information regarding users.
You may uninstall this program at any time and with no limitations, either by using the uninstaller provided with the software, or by using the standard uninstall procedures offered with your computer's operating system or internet browser.
To uninstall the toolbar directly from the toolbar, click on the settings button (displayed as a wrench icon) on the right side of the toolbar and select 'Uninstall'. This will take you to a webpage where you can uninstall the toolbar and an option to leave feedback on why you are uninstalling the toolbar. To uninstall the toolbar using your computer's operating system, open your computer's control panel, and select "Programs and Features" or "Add or Remove Programs" depending on your operating system. Find "Panda Security Toolbar" in the list of installed programs, and click on it to begin the un-installation process.
Personal Identifiable Information (PII):
The Toolbar does collect the user's IP address. The purpose of collecting this data is to enable proper geographic localization. For instance, the weather feature present on the Toolbar uses this IP address to generate the current weather based on the user's current location. While the IP address is stored for backup purposes, LICENSOR does not use this information for any other purpose. Other than the IP address, no other personal identifiable information is being collected.
EVEN IF YOU ACCEPT THIS AGREEMENT, IT IS STRICTLY PROHIBITED TO:
A. Modify the Toolbar in part or in its entirety;
B. Decompile or reverse engineer the Toolbar.
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO USE THE TOOLBAR WILL BE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISICOM MAY SEEK. THE USER MAY CANCEL HIS LICENSE TO USE THE TOOLBAR BY UNINSTALLING AND DESTROYING OR ERASING ALL COPIES OF THE TOOLBAR UNDER HIS CONTROL.
EXCLUSION OF WARRANTY:
THE TOOLBAR IS PROVIDED UNDER LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE TOOLBAR IS BORNE BY THE USER. LICENSOR MAY, AT ANY TIME, TERMINATE THIS AGREEMENT BY NOTIFYING THE USER OF THE TOOLBAR.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL LICENSOR, OR VISICOM, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TOOLBAR BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY
LOSS INCURRED BY THE USER AND ARISING OUT OF THE USE OR INABILITY TO USE THE TOOLBAR, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
"Panda Security" is a trademark of LICENSOR and is protected by international laws on trademarks and intellectual property. Use of the products' names is strictly forbidden unless it's used with the express written permission of LICENSOR.
This Toolbar, including its code, documentation, appearance, structure, and organization is an exclusive product of LICENSOR AND VISICOM, which retains all intellectual property rights concerning the Toolbar, its copies, modifications, or merged parts, including any copyrights and invention rights.
GOVERNING LAW AND FORUM:
This Agreement will be governed and interpreted according to the laws applicable within the State of New York and U.S. federal laws (excluding the application of its conflicts of law rules). Any judicial proceedings relating to this Agreement must be presented in the Judicial District the Federal District Court of the Southern District of New York located in New York, NY, to the exclusion of any other courts or jurisdiction.
PANDA IDENTITY PROTECT END-USER LICENSE AGREEMENT
Panda Security ® Panda Identity Protect ™
All Rights Reserved
Panda Security (R) Panda Identity protect (TM) is distributed under exclusive worldwide license by Panda Security (Powered by SurfSecret LLC)
Panda Security and the Panda Security logo are registered trademarks of Panda Security.
? Panda Security 2010
SOFTWARE LICENSE AND WARRANTY DISCLAIMER
NOTICE: THIS IS A CONTRACT. BY INSTALLING AND USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION.
One full version of Panda Identity Protect may used by a single person who uses the software personally on up to four computers. (Note: Site-License arrangements may be made by contacting Panda Security. Please visit our website for contact details: www.pandasecurity.com.
You may NOT distribute the full version of the software. Violation of this rule may result in temporary or permanent revocation of this license; the original licensee will also be held responsible for damages, physical and estimated.
Using an illegal copy of this software product or distributing a full version of the product is in violation of United States of America ("U.S."), European and international copyright laws and will be prosecuted to the maximum extent possible under the law.
Provided that you verify that you are distributing the evaluation version of Panda Identity Protect (which limits the user to five password accounts), you are hereby licensed to make as many copies of the evaluation version of this software as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made.
COPYRIGHT AND RESTRICTIONS
Panda Security ®
All rights reserved.
Panda Security © Panda Identity Protect is distributed under exclusive worldwide license by Panda Security (powered by SurfSecret LLC).
Panda Security and the Panda Security logo are registered trademarks of Panda Security, S.L.
? Panda Security 2010. All Rights Reserved.
The Program is owned Panda Security (powered by SurfSecret LLC) and is protected by the United States of America ("U.S."), European and International Copyright laws and international treaty provisions. All rights not expressly granted are retained. None of the components of the software (including the
documentation) may be copied, removed or altered, in whole or part, for any unauthorized use.
DISCLAIMER OF WARRANTY
Read the accompanying manual before using Panda Identity Protect.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which Panda Security may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
JURISDICTION, GENERAL PROVISIONS
This agreement shall be governed by the laws of the United States of America ("U.S."). Valid in all questions of law is the U.S. law and the U.S. jurisdiction. All users of this software agree to the U. S. law and the U. S. jurisdiction.
All disputes, allegations of breach, and differences of whatsoever kind and nature related to or arising out of this Software License and Warranty Disclaimer shall be submitted to binding arbitration in accordance with the Commercial Rules of the American Arbitration Association. It is the intention of the parties that all disputes, allegations of breach, and differences arising out of this Agreement be submitted to binding arbitration. The parties hereby agree that all arbitration proceedings shall be conducted in Atlanta, Georgia under the auspices of the Atlanta office of the American Arbitration Association. The arbitration shall be conducted before a panel of not less than three (3) arbitrators. The parties hereto shall each have the right to select one of the three arbitrators, and the two arbitrators so chosen shall select the third arbitrator. The parties hereby waive any and all objection to jurisdiction and venue, the right to have their disputes adjudicated in a court of competent jurisdiction in any nation of the world, and the right to a jury trial, where applicable.
YOU ACKNOWLEDGE IT IS YOUR ULTIMATE RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT EXPORT AND OTHER APPLICABLE LAWS AND THAT PANDA SECURITY, S.L., HAS NO FURTHER RESPONSIBILITY AFTER THE INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF SALE.
By accepting this Agreement and installing the software user agrees that they can be contacted via email or other means by Panda Security or its designees. User may notify Panda Security or its designees in writing or email to not be so notified.