BitDefender Antivirus Scanner for Unices ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ End User Software License Agreement Copyright (c) 2008 BITDEFENDER IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL THE SOFTWARE. BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. These Terms cover the home-user or corporate BitDefender Solutions and Services licensed to you, including the related documentation and any update and upgrade of the applications delivered to you under the purchased license or under any related service agreement, as defined in the documentation, as well as any copy thereof. This License Agreement is a legal agreement between you (either an individual or a legal person) and BITDEFENDER for the use of the BITDEFENDER software product identified above, which includes computer software and services, and may include the associated media, printed materials, and "online" or electronic documentation (hereinafter referred to as "BitDefender"), all of which are protected by international copyright laws and international treaties. By installing, copying or using BitDefender, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not install or use BitDefender. BitDefender License. BitDefender is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. BitDefender is licensed, not sold. GRANT OF LICENSE. BITDEFENDER hereby grants you and only you the following non-exclusive, limited, non-transferable and royalty-bearing license to use BitDefender. The BitDefender Antivirus Scanner for Unices ("BitDefender") is subject to 3 types of license: 1. Trial License. The product is distributed with a trial key which grants the user a 30 day trial period as of install time, under the terms of the license agreement. At the end of the trial period, all scan- based product features (disinfect, delete) will be disabled and the user will have to either go online to www.bitdefender.com and register for a personal license or purchase a commercial license from any BitDefender reseller. 2. Home or Personal Use License. This license is free of charge and it can be retrieved from the BitDefender website after filling in a short form. It only allows the product to be used for personal purposes, with no commercial implications whatsoever, under the terms of the EULA. For example, under the Personal License, you are allowed to scan your personal laptop or desktop computer but YOU ARE NOT ALLOWED TO USE THE PRODUCT IN A BUSINESS ENVIRONMENT SUCH AS AN OFFICE COMPUTER OR A COMPANY SERVER. 3. Commercial Use License. If you intend to use BitDefender with your own integration system or pre-designed scripts, you must purchase the Commercial License. The commercial license allows for the product to be used in any environment whatsoever throughout the licensing period, under the terms of the EULA. Commercial Licenses are granted on an individual user basis, which simply means that the cost depends on how many users benefit from the features of the product. LICENSE TERM. The license hereunder is granted as of the date BitDefender has been purchased and until the end of the period for which such license has been purchased. UPGRADES. If BitDefender is upgrade labeled, in order to use it, you must hold a BITDEFENDER license allowing you to use products identified by such company as eligible for upgrade. An upgrade labeled BitDefender product shall replace and/or supplement the product based on which your were eligibile for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If BitDefender is an upgrade of a software package component which was licensed to you as a single product, BitDefender may only be used and transferred as part of that single product package and it may not be separated so as to be used by more than the total number of licensed users. The terms and conditions of this license shall replace and supersede any previous agreements that may have existed between you and BITDEFENDER regarding the original product or the resulting upgraded product. COPYRIGHT. All rights, titles and interest in and to BitDefender and all copyrights in and to BitDefender (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into BitDefender), the accompanying printed materials, and any copies of BitDefender are property of BITDEFENDER. BitDefender is protected by copyright laws and international treaty provisions. Therefore, BitDefender must be treated as any other copyrighted material. The printed materials accompanying BitDefender shall not be copied. All copyright notices shall be reproduced and included, in their original form, in all of the BitDefender copies created, irrespective of the media or form in which BitDefender exists. The BitDefender license shall not be sub-licensed, rented, sold, leased or shared. The BitDefender source code shall not be reverse engineered, recompiled, disassembled, no derivative works shall be created based on it, it shall not be modified, translated and no attempts to discover it shall be made. LIMITED WARRANTY. BITDEFENDER warrants a 30 day fault free period for the media on which BitDefender is distributed as of the date BitDefender has been delivered to you. Any breach of this warranty shall only result in BITDEFENDER replacing the faulty media, at its sole discretion, upon receipt of the said media, or refunding the BitDefender price. BITDEFENDER does not warrant either the uninterrupted or error free operation of BitDefender or the correction of possible errors. BITDEFENDER does not warrant that BitDefender will meet your requirements. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, ENHANCEMENTS, MAINTENANCE THEREOF OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES THAT IT HAS SUPPLIED. BITDEFENDER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating BitDefender shall bears all risks as to the quality and performance of BitDefender. Under no circumstances shall BITDEFENDER be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of BitDefender, even if BITDEFENDER has been advised of the existence or possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL BITDEFENDER'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR BITDEFENDER. The disclaimers and limitations set forth above shall apply regardless of whether you accept to use, evaluate, or test BitDefender. IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IT IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL- SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR DAMAGE TO PROPERTY. GENERAL. This Agreement shall be governed by the Romanian law and by the international copyright regulations and treaties. The courts of Romania shall have exclusive jurisdiction and venue to adjudicate any dispute arising from these License Terms. BitDefender prices, costs and use fees are subject to change without prior notice to you. In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement. BitDefender and the BitDefender logos are trademarks of BITDEFENDER. All other trademarks used in the product or in associated materials are property of their respective owners. Any breach of these terms and conditions shall result in the immediate termination of this license, without any notice. You shall not be entitled to a refund from BITDEFENDER or any resellers of BitDefender as a result of such termination. Confidentiality terms and conditions and restrictions on use shall remain in force even after termination. BITDEFENDER may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Software distributed under such terms. None of these Terms being found to be void and unenforceable shall affect the validity of rest of the Terms, which shall remain valid and enforceable. In case of controversy or inconsistency between the translations of these Terms into other languages, the English version issued by BITDEFENDER shall prevail. Contact BITDEFENDER, at 24, Preciziei Boulevard, West Gate Building H2, ground floor, 6th district, Bucharest, Romania, e-mail address: office@bitdefender.com -- BitDefender http://www.bitdefender.com/