SOFTWARE PRODUCT LICENSE

Transcription

1 End User License Agreement This End-User License Agreement ("EULA") is a legal agreement between yu (either an individual r a single entity) and Casper Antivirus, Inc.. fr the sftware prducts as fllws: Casper Antivirus identified abve, which includes cmputer sftware and may include assciated media, printed materials, and "nline" r electrnic dcumentatin ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT als includes any updates and supplements t the riginal SOFTWARE PRODUCT prvided t yu by Casper Antivirus. Any sftware prvided alng with the SOFTWARE PRODUCT that is assciated with a separate end-user license agreement is licensed t yu under the terms f that license agreement. By installing, cpying, dwnlading, accessing r therwise using the SOFTWARE PRODUCT, yu agree t be bund by the terms f this EULA. If yu d nt agree t the terms f this EULA, d nt install r use the SOFTWARE PRODUCT; yu may, hwever, destry it r return it t yur place f purchase fr a full refund, if applicable. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is prtected by cpyright laws and internatinal cpyright treaties, as well as ther intellectual prperty laws and treaties. The SOFTWARE PRODUCT is licensed, nt sld. 1. GRANT OF LICENSE This EULA grants yu the fllwing rights: Systems Sftware Yu may install and use ne cpy f the SOFTWARE PRODUCT n a single cmputer, including a wrkstatin, terminal r ther digital electrnic device ("COMPUTER"). License Pack If this package is a Casper Antivirus multi cmputer prduct, yu may install and use additinal cpies f the cmputer sftware prtin f the SOFTWARE PRODUCT up t the number f cpies specified as "Licensed Cpies". 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS Nt Fr Resale Sftware Yur use f the SOFTWARE PRODUCT is limited t use fr yurself nly and yu may nt resell, r therwise transfer fr value, the SOFTWARE PRODUCT. Limitatins n Reverse Engineering, Decmpilatin, and Disassembly Yu may nt reverse engineer, decmpile, r disassemble the SOFTWARE PRODUCT, except and nly t the extent that such activity is expressly permitted by applicable law ntwithstanding this limitatin.

2 Separatin f Cmpnents The SOFTWARE PRODUCT is licensed as a single prduct. Its cmpnent parts may nt be separated fr use n mre than ne cmputer. Rental Yu may nt rent, lease r lend the SOFTWARE PRODUCT. Trademarks This EULA des nt grant yu any rights in cnnectin with any trademarks r service marks f Casper Antivirus, Inc.. Supprt Services Casper Antivirus may prvide yu with supprt services related t the SOFTWARE PRODUCT ("Supprt Services"). Use f Supprt Services is gverned by the Casper Antivirus plices and prgrams described in the user manual, in "n line" dcumentatin and/r ther Casper Antivirus-prvided materials. Any supplemental sftware cde prvided t yu as part f the Supprt Services shall be cnsidered part f the SOFTWARE PRODUCT and subject t the terms and cnditins f this EULA. With respect t technical infrmatin yu prvide t Casper Antivirus as part f the Supprt Services, Casper Antivirus may use such infrmatin fr its business purpses, including fr prduct supprt and develpment. Casper Antivirus will nt utilize such technical infrmatin in a frm that persnally identifies yu. Terminatin Withut prejudice t any ther rights, Casper Antivirus may terminate this EULA if yu fail t cmply with the terms and cnditins f this EULA. In such event, yu must destry all cpies f the SOFTWARE PRODUCT and all f its cmpnent parts. 3. UPGRADES If the SOFTWARE PRODUCT is labeled as an upgrade, yu must be prperly licensed t use a prduct identified by Casper Antivirus as being eligible fr the upgrade in rder t use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/r supplements the prduct that frmed the basis fr yur eligibility fr the upgrade. Yu may use the resulting upgraded prduct nly in accrdance with the terms f this EULA. COPYRIGHT All title and intellectual prperty rights in and t the SOFTWARE PRODUCT (including but nt limited t any images, phtgraphs, animatins, vide, audi, music, text, and "applets" incrprated int the SOFTWARE PRODUCT), the accmpanying printed materials, and any cpies f the SOFTWARE PRODUCT are wned by Casper Antivirus r its suppliers. All title and intellectual prperty rights in and t the cntent which may be accessed thrugh use f the SOFTWARE PRODUCT is the prperty f the respective cntent wner and may be prtected

3 by applicable cpyright r ther intellectual prperty laws and treaties. This EULA grants yu n rights t use such cntent. All rights nt expressly granted are reserved by Virus Eraser. 4. DUAL-MEDIA SOFTWARE Yu may receive the SOFTWARE PRODUCT in mre than ne medium. Regardless f the type r size f medium yu receive, yu may use nly ne medium that is apprpriate fr yur cmputer. 5. BACKUP COPY After installatin f ne cpy f the SOFTWARE PRODUCT pursuant t this EULA, yu may keep the riginal media n which the SOFTWARE PRODUCT was prvided by Casper Antivirus slely fr backup r archival purpses. If the riginal media is required t use the SOFTWARE PRODUCT n the COMPUTER, yu may make ne cpy f the SOFTWARE PRODUCT slely fr backup r archival purpses. Except as expressly prvided in this EULA, yu may nt therwise make cpies f the SOFTWARE PRODUCT r the printed materials accmpanying the SOFTWARE PRODUCT. 6. U.S. GOVERNMENT RESTRICTED RIGHTS The SOFTWARE PRODUCT and dcumentatin are prvided with RESTRICTED RIGHTS. Use, duplicatin, r disclsure by the Gvernment is subject t restrictins as set frth in subparagraph (c)(1)(ii) f the Rights in Technical Data and Cmputer Sftware clause at DFARS r subparagraphs (c)(1) and (2) f the Cmmercial Cmputer Sftware-- Restricted Rights at 48 CFR , as applicable. EXPORT RESTRICTIONS Yu agree that yu will nt exprt r re-exprt the SOFTWARE PRODUCT t any cuntry, persn, entity r end user subject t U.S. exprt restrictins. Yu specifically agree nt t exprt r re-exprt the SOFTWARE PRODUCT: (i) t any cuntry t which the U.S. has embarged r restricted the exprt f gds r services, which currently include, but are nt necessarily limited t Cuba, Iran, Iraq, Libya, Nrth Krea, Sudan and Syria, r t any natinal f any such cuntry, wherever lcated, wh intends t transmit r transprt the prducts back t such cuntry; (ii) t any end-user wh yu knw r have reasn t knw will utilize the SOFTWARE PRODUCT r prtin theref in the design, develpment r prductin f nuclear, chemical r bilgical weapns; r (iii) t any end-user wh has been prhibited frm participating in U.S. exprt transactins by any federal agency f the U.S. gvernment. MISCELLANEOUS If yu acquired this prduct in the United States, this EULA is gverned by the laws f the State f Flrida. If this prduct was acquired utside the United States, then lcal law may apply.

4 Casper Antivirus shall nt be held respnsible r liable fr suppressing applicatins r cmpnents f applicatins frm prgrams installed in a cmputer in which yu may have agreed t use within certain limitatins. It is yur respnsibility t hnr and respect all agreements and their terms fr all sftware installed in yur cmputer prir t r after installing the SOFTWARE PRODUCT. Shuld yu have any questins cncerning this EULA, r if yu desire t cntact Casper Antivirus fr any reasn, please cntact Casper Antivirus, r write: Casper Antivirus, Inc West Atlantic Ave. # Delray Beach, FL LIMITED WARRANTY Casper Antivirus warrants that any Supprt Services prvided by Casper Antivirus supprt engineers will make cmmercially reasnable effrts t slve any prblem. T the extent allwed by applicable law, implied warranties n the SOFTWARE PRODUCT, if any, are limited t ninety (90) days. Sme states/jurisdictins d nt allw limitatins n duratin f an implied warranty, s the abve limitatin may nt apply t yu. CUSTOMER REMEDIES Casper Antivirus and its suppliers' entire liability and yur exclusive remedy shall be, at Casper Antivirus ptin, either (a) return f the price paid, if any, r (b) repair r replacement f the SOFTWARE PRODUCT that des nt meet Casper Antivirus Limited Warranty and that is returned t Casper Antivirus with a cpy f yur receipt. This Limited Warranty is vid if failure f the SOFTWARE PRODUCT has resulted frm accident, abuse, r misapplicatin. Any replacement SOFTWARE PRODUCT will be warranted fr the remainder f the riginal warranty perid r thirty (30) days, whichever is lnger. Outside the United States, neither these remedies nr any prduct supprt services ffered by Virus Eraser are available withut prf f purchase frm an authrized internatinal surce. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Casper Antivirus AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

5 LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRUS ERASER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VIRUS ERASERHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VIRUS ERASER S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00.