Licence agreement Avira AntiVir Personal - Free AntiVirus

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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 softw
are.
This free Avira AntiVir Personal - Free AntiVirus is intended exclusively for pr
ivate use on a single workstation. You may copy the complete program package and
pass it on to others for private use only. The free Avira AntiVir Personal - Fr
ee AntiVirus may not be used for commercial or professional purposes.
§1 Subject-matter of agreement
1) This agreement refers to the computer programs, program specifications and us
er 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 tech
nological standards. AVIRA 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) AVIRA GmbH only offers this Software for downloading from the user’s server. AV
IRA GmbH is not responsible for its transfer to the user’s computer.
§2 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. Institu
tes of education and public utilities are classed as commercial or business prem
ises. 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, l
ogo and copyright note intact and drawing attention to these conditions of use.
4) The Licensee may make one backup of the Software.
§3 Special restrictions
The Licensee is forbidden in particular
1) to reproduce the Software in whole or in part on the same or other media outs
ide the limits indicated in §2;
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 wo
rks 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 c
opies of the Software;
5) to pass on the Software or copies thereof to a third party in return for paym
ent. 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 D
atentechnik GmbH.
§4 Distribution of rights
1) This Software is protected by copyright. All rights arising from the copyrigh
t are the property of the Licensor. The copyright covers in particular the progr
am code, documentation, appearance, structure and organisation of the program fi
les, 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 Soft
ware. This does not imply conferral of any rights to the Software itself. The Li
censor reserves all rights of publication, reproduction, editing and utilisation
.
§5 Term of agreement
1) The agreement is concluded for an indefinite period. The Licensee’s right to us
e the Software shall end automatically without notice in the event of non-compli
ance 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 cop
ies of the Software together with all written material and all copies thereof, i
ncluding any modified copies.
§6 Warranty
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 ac
cept this program in its currently available form, and is consequently not entit
led to any warranty claims.
§7 Liability
1) The Licensor guarantees the fitness of the product for the contractual purpos
e, as described in the program specification and user manual. No liability is ac
cepted in respect of the suitability of the Software for the user’s purposes and i
ts compatibility with the user’s existing software.
2) Damage claims against AVIRA GmbH are excluded irrespective of legal basis, pa
rticularly on grounds of delayed performance or impossibility, neglect of adviso
ry and accessory contractual obligations, pre-contractual duties, defective perf
ormance, violation of third-party industrial property rights and unlawful acts,
unless AVIRA GmbH has acted with intent or gross negligence or unless the damage
claims result from the failure to ensure a warranted quality.
3) Insofar as grounds for liability on the part of AVIRA GmbH 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 dama
ge 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 se
nior employees.
4) All damage claims against AVIRA GmbH shall expire by limitation six months af
ter 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 legislatio
n.
§8 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 Licensee’s damage minimisation obligatio
n, and AVIRA GmbH 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, defe
nce systems, air navigation or communication systems or life-support machines).
Failure to observe this condition shall constitute a breach of the Licensee’s dama
ge minimisation obligation, and AVIRA GmbH shall not be liable for any resultant
damage.
§9 Contractual amendments and protective clause
1) These conditions of use apply in the currently applicable version as publishe
d in the website [www.free-av.de].
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 b
y AVIRA GmbH.
§10 Choice of law
All legal relations between the parties, including the law of tort, shall be sub
ject to the law of the Federal Republic of Germany. The place of jurisdiction sh
all be Tettnang.
§11 Final provisions
1) All supplements to this contract, including this clause, must be made in writ
ing.
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 le
gitimate 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 relatin
g to the validity, interpretation and fulfilment of the contractual provisions s
hall be settled at the legal venue of the Licensor in the Federal Republic of Ge
rmany.
Should you have any queries regarding this licence agreement, further informatio
n can be found at www.free-av.de. If you wish to contact the Licensor for any ot
her reasons, please send a mail to sales@avira.de or sales@avira.com or write to
:
AVIRA GmbH,
Customer Service
Lindauer Str. 21
D-88069 Tettnang
Germany