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END-USER LICENSE AGREEMENT FOR SOFTWARE LICENSES
Scope of the End-User License Agreement
This Software and the accompanying documentation are protected by copyright law. To use this Software, you must have been granted the necessary rights.
This End-User License Agreement regulates the scope of rights granted to you as user of the Software by AVG Netherlands B.V., the Netherlands (hereinafter referred to as "AVG").
Microsoft, Windows, Windows XP, Windows Vista, Windows 7, Windows 8, Office, Outlook, Windows Logo, MSN, Windows Messenger and Internet Explorer are products, registered trademarks or protected names of Microsoft Corporation in the USA and/or in other countries. Firefox is a product and registered trademark of the Mozilla Foundation in the USA and/or other countries. Safari is a product and registered trademark of Apple Inc. in the USA and/or other countries. Opera is a product and a trademark of Opera Software ASA. Other products and brand names can be products and/or brands of their respective owners. This End-User License Agreement refers exclusively to AVG products installed by you.
By clicking "I accept", you agree to be bound by these end-user license provisions. It is only once you accept that you may use the Software. If you do not agree to the license provisions, click "I decline". You will not be permitted to use the Software.
PART A - General License Provisions
1. Scope of Usage
1.1 Usage rights
a. Standard version
You have the simple, non-exclusive right to use the Software for your own purposes for an unlimited period of time: you are entitled to install and use one copy of the Software on one computer, unless you have been provided with a different number of licenses in the sales package/in the authorized e-shop/or in the accompanying documents. If this is the case, you are entitled to install and use one copy of the Software on one computer per license supplied.
As a license holder, you must ensure that no unauthorized access can be made to the product key provided to you to activate the Software (hereinafter referred to as the "Product Key"). In particular, any publication of the Product Key is forbidden.
Use of the Software in this End-User License Agreement is considered any long-term or temporary, complete or partial reproduction (copying) of the Software by any act of saving, loading, running or displaying for the purpose of running the Software and processing the data contained in the Software by a computer. You are also permitted to perform the above actions for the purpose of observation and inspection or testing of the Software. Reproduction of the manual is not permitted, unless you are printing a copy of the manual that was only provided in electronic form for personal use only.
You are permitted to make a backup copy of the Software and reasonable data backups to the extent that this is necessary to ensure future use of the Software.
b. Trial versions
For trial versions, the following terms are changed:
You have the simple, non-exclusive right to use the Software for your own purposes for a limited period of time. After the trial period has expired, the Software can no longer be used, or only with restrictions.
Distribution of Software versions of this product that AVG has explicitly declared to be a "trial version" is allowed, as long as no sale, rental or other paid distribution takes place. A message regarding distribution or publication is requested. The trial version may be installed and used on an unlimited number of computers at the same time.
The purchase of an activation key
- for a single installed trial version or
- if the activation key is for a certain number of trial versions - upgrades the corresponding number of trial versions to the full version. The user is then permitted to use the Software beyond the authorized trial period. For the full version, the provisions listed under a. regarding the scope of use as well as this End-User License Agreement come into effect.
c. Volume license
For volume licenses, the following terms are changed:
You have the simple, non-exclusive right to use the Software within an organization.
All licenses purchased as part of the acquisition of Software Volume License may
- only be used on PCs within a commercial or official organization (company, association, public authorities) and
- not be used by private consumers.
As a license holder, you must take suitable action to ensure that the number of users of the Software on several PCs throughout an organization does not exceed the number of licenses included in the Volume License.
If you have provided details of your organization when purchasing the Volume License Software, you assert that these details are accurate and that the Software will be used for the first time in this organization.
d. OEM version
If the word "OEM" is written on the cover of the CD containing the Software, on the disk itself, or on a pre-installed version of the Software, this means you have purchased a copy of the Software from a AVG OEM partner.
This also applies if you have downloaded the Software, which can only be installed if you have a specific hardware device connected to your computer.
This Agreement allows you to use a copy of the OEM Software acquired with this License on any computer ("OEM License"), provided the Software is only used on one computer at a time. If you have acquired a multi-user license for the OEM Software, you are entitled to use as many copies of the Software at the same time as the number of licenses you own. The Software is considered as "used" on a computer if it is loaded to the RAM or installed in the main memory (e.g. the hard disk, CD-ROM or on another storage media) of this computer; whereas however a copy that is exclusively installed for distribution to other computers on a network server is not considered as "used". If it is possible for the Software to be used on more PCs than the number of licenses, you as license holder must ensure that the number of users of the Software on several PCs does not exceed the number of licenses granted. THE OEM LICENSE HEREBY GRANTED IS ONLY VALID IF IT HAS BEEN PURCHASED AS A PACKAGE WITH THE RELEVANT HARDWARE.
1.2 Decompilation
Without the permission of the copyright owner, you are not permitted to reproduce the code or a translation of the code into another programming language or in the original source code, unless this is necessary in order to gain information needed to maintain interoperability between an independently developed computer program and other programs, insofar as the following conditions are met:
- The actions are performed by a license holder or another person who is authorized to use a reproduced part of the program, or performed in the name of a license holder by an authorized person;
- The necessary information for maintaining interoperability has not been made easily accessible for the persons named in a;
- The actions are limited to the parts of the original program that are necessary for maintaining interoperability.
Information obtained in this way may not
- be used for other purposes aside from maintaining interoperability with the independently developed program
- be given to third parties, unless this is necessary for the interoperability of the independently developed program,
- be used for the development, production or marketing of a program with generally similar features or for any other actions that infringe on the copyright.
1.3
The translation, development or other form of change to the Software and the creation of works derived from the Software is reserved exclusively by AVG. This does not affect the customer's right to error correction, provided this error correction is necessary for the normal use of the Software.
1.4
The granted usage right does not permit you to reproduce the Software beyond the scope described above, to distribute it or to make it available in any other fashion to third parties. In particular, you are not permitted to rent, lease or loan the Software, or to offer commercial services to third parties such as hosting, computer pool operation or as an office service with the use of the Software.
1.5
Use that is beyond the scope of the usage described above represents a breach of contract.
1.6
Copyright and other property right notices within the Software may not be removed or changed. They are to be included with every copy.
2. Transfer of the Software
The licenses acquired by you as Volume Licenses (1.1c) You may only transfer the Volume Licenses to a subsequent user in full (i.e. for 6 acquired licenses only all 6 together, not just 1 or 2 individual licenses) and without granting any further usage rights other than the rights granted by this End-User License Agreement.
With the transfer of the Software, you lose the right to use it; this right is transferred to the new user. You are then required to delete or otherwise destroy all copies and partial copies of the Software as well as changed or edited versions of the Software including any copies or partial copies in a complete and timely manner. This also applies to your backup copies.
Software marked "Not-For-Resale (NFR)" or similar ("NFR Software") and Software marked as a trial version, must not be transferred for money. NFR Software is not intended for sale. NFR Software may only be given to third parties for testing purposes.
3. Support
Support for your Software in the form of technical help with software problems or software troubleshooting and improvement as well as application support can be obtained at the contact information listed at www.tuneup.de or www.tune-up.com. For support inquiries after the trial period has expired, please inform us of your product key or your e-mail address which you used to activate the software.
Technical support which goes beyond the simple correction of defects as part of the warranty, as governed in part B no. 6 e.g. application support, is provided for a 12-month period after the activation of the software without any additional fees by entering the product key.
4. Term of the Agreement
This Agreement is made for an indefinite term.
Compliance with this Agreement is essential for the lawful use of the Software and the related elements. If an end user breaches any of the obligations in this Agreement, AVG is entitled to terminate the Agreement extraordinarily and with immediate effect.
Important grounds to justify an extraordinary termination include in particular the improper use of the Software or the trial version in electronic format. Improper use occurs when the Software or trial version is published or transferred in conjunction with contents and products that are fraudulent, damaging to competition or to rights of third parties. On AVG's request, you must in this case refrain from using, transferring and publishing the Software and/or trial version immediately. You furthermore undertake to remove all copies of the trial version from your PC or PCs completely and permanently, and destroy any other copies of the Software or trial version that you own.
PART B - Provisions when Purchasing Software via TuneUp Software GmbH
In the case that you have acquired the Software - either the full Software or a part of the program such as an update (a program component for fixing errors or introducing new functionalities, not a completely new and independent program version), referred to as "Software" - from TuneUp Software GmbH (hereinafter "TuneUp"), the German subsidiary of the licensor, the following provisions in paragraphs 5 to 7 apply, provided that you declare your agreement to the application of this End-User License Agreement.
If you have not acquired the Software through TuneUp, the following provisions do not apply. In this case, the provisions and conditions apply, which were or will be agreed between you and your retailer for the purchase of the Software through your retailer.
5. Warranty
5.1
The Software and your documentation are free of defects if they can be used in accordance with the description of the Software and its functionalities that was provided by TuneUp at the point in time that you received the software. Further qualities of the Software are not warranted.
5.2
Since no Software is free of defects, we urgently recommend that you back up your data regularly.
5.3
If the Software is not suitable for use as defined in paragraph 5.1, does not provide the functionality listed in the documentation or does not provide said functionality completely, or if the Software is responsible for the occurrence of a further defect, you are entitled to claim a replacement in the form of repair of the defect or a new copy of the Software. If the cost to TuneUp of the type of replacement you have selected is disproportionate to the value of the Software, your rights are limited to the other type of replacement.
5.4
Correction of defects by TuneUp may also take place in the form of instructions given by telephone, in writing or via electronic means, insofar as this does not unacceptably infringe on your use of the Software or its functions.
5.5
If TuneUp is not able to bring the Software into a condition considered free of defects as described in 5.1 above within a reasonable amount of time, or if TuneUp makes a final and binding decision not to repair the defects, you are entitled to choose between a reduction in the purchase price, or return of the Software in exchange for a refund of the purchase price.
5.6
TuneUp is not required to repair defects if the defects can be traced to editing and/or changes to the Software made by you. You do, however, have the opportunity to prove that the defects in the Software that have occurred did not result from editing or changes made by you. In this case, TuneUp will repair the defects in accordance with the provisions in this section.
5.7
If TuneUp is found to be at fault, you may claim damages or reimbursement of expenses instead of the services of TuneUp. The right to return the Software or to claim damages instead of any services exists only in case of severe defects. If you return the Software, you must stop using it in accordance with paragraph 2 of this License Agreement.
5.8
Your warranty claims against TuneUp expire two (2) years after you obtained the Software from TuneUp. This is not valid if TuneUp has concealed a defect or a lack of software functionality with malicious intent. In such cases, the warranty period shall extend for three (3) years and begins at the end of the year in which you receive the Software.
5.9
The prior provision regarding warranty periods is valid from your claims to repair of defects in the Software that are ceded to you in the sense of replacement, or to support services. For these cases, a new limitation period begins starting from the point in time that you received the improved version in accordance with the prior provisions.
6. Liability
6.1 TuneUp is liable, regardless of the reason, with no restrictions:
- If a quality or durability guarantee is not met (in accordance with § 443 of the German Civil Code [BGB]);
- If a defect is concealed with malicious intent;
- For damages resulting from death, personal injury or health problems due to neglect on the part of TuneUp or its legal representative or vicarious agent;
- For intentional damages or damages caused by gross negligence.
6.2
If a primary obligation of the Agreement made with you is breached, and this liability is not included in the cases given in paragraph 6.1, the liability is limited to foreseeable damages typical of this type of contract.
6.3
If an accessory obligation in the contract is breached, and this liability is not included in the cases given in paragraph 8.1. a)-c), the liability is limited to foreseeable damages typical of this type of contract.
6.4
Liability in accordance with the Product Liability Act is not affected.
6.5
Any further liability is excluded.
This applies in particular to the following situations:
6.5.1
Ratings are submitted through the Program rating feature by users who are prompted to provide an impartial objective rating. These ratings reflect only the opinions of the users.
TuneUp has no influence on the ratings submitted by users and expressly states that these ratings do not represent the opinions or recommendations of TuneUp.
TuneUp accepts no liability whatsoever for the ratings of the user community. This does not affect TuneUp's liability as stipulated in paragraph 6.1.
6.5.2
When you start up "TuneUp Autostart Manager" you will receive information on the programs installed on your system which are automatically run when your system starts up. In addition, you will receive recommendations that could speed up your PC and system startup. You can follow these recommendations and turn off the quick launch of certain programs, or ignore the Software recommendation.
The Software never turns off your quick launch entries on its own initiative. TuneUp therefore expressly states that entries are only turned off by user intervention.
TuneUp accepts no liability for or in connection with the switching off of Quick Launch entries. This does not affect TuneUp's liability as stipulated in paragraph 6.1.
6.5.3
When you start up "TuneUp Uninstall Manager" you will receive an overview of all programs installed on your PC. From there you can uninstall certain programs if necessary. Rarely used programs and "Programs not used for a long time" are displayed separately. These lists only reflect your usage behavior.
TuneUp expressly states that the picture of your usage behavior in relation to the programs installed on your PC does not represent any request from TuneUp to uninstall them. TuneUp therefore expressly states that programs are only uninstalled by user intervention.
TuneUp does not accept any liability for and in conjunction with the uninstallation of programs. This does not affect TuneUp's liability as stipulated in paragraph 6.1.
6.5.4
When you start up the "TuneUp Program Deactivator" module, you will receive information about programs used rarely and/or often. These lists only reflect your usage behavior.
TuneUp expressly states that the picture of your usage behavior in relation to the programs installed on your PC does not represent any request from TuneUp to disable them. TuneUp therefore expressly states that the programs are only disabled by user intervention under their own responsibility.
TuneUp does not accept any liability for and in conjunction with the deactivation of programs. This does not affect TuneUp's liability as stipulated in paragraph 6.1.
7. Jurisdiction
7.1
The laws of the Federal Republic of Germany apply.
7.2
Mandatory consumer protection laws in the country in which you habitually reside are not affected by this.
7.3
The provisions of the UN Convention on the International Sale of goods are excluded.
PART C - Embedded Software
The Software provided and hereunder licensed to you includes components from third parties ("embedded software"). The individual components are listed below. They are the intellectual property of the respective copyright holder. The use and transfer of these components is only permitted within the scope of the applicable licensing terms described below.
1. AVG Security Toolbar
Copyright © AVG Netherlands B.V.
If you have received a version of the Software with installable AVG Security toolbar, you can choose during the Software installation process whether or not to install the AVG Security toolbar. You can use the AVG Security toolbar if you have accepted the applicable licensing terms and data privacy regulations of AVG Technologies CY, Ltd. You will be asked to accept these separately. If you choose not to install the AVG Security toolbar, you can use the Software without the AVG Security toolbar provided you have agreed to the End-User License Agreement of the license Software above.
2. Windows Installer XML Toolset:
Copyright © Microsoft Corporation. All rights reserved. The provisions for the use and distribution of this embedded software are covered by the Common Public License 1.0 (http://opensource.org/licenses/cpl.php), which is located in the CPL.TXT file at the root of this distribution. By using this embedded software in any way whatsoever, you agree to the conditions of the license mentioned below. You may not remove these notes or any other instructions from this software.
The source code is available at wix.sourceforge.net.
No Warranty
With the exception of everything that was not expressly stated in this Agreement, the program is provided in its existing form, without express or implicit warranties or conditions of any kind, without limitation, warranties or guarantees for title defects, non-infringement, marketability or suitability of a specific purpose. Each recipient is alone responsible for determining the suitability of use and distribution of the program, and assumes all risks connected with the exercise of rights within the framework of this Agreement, including, but not limited to, risks and costs as a result of program errors, compliance with the applicable law, damage to or loss of data as a result of unavailability or interruptions to operation.
Disclaimer
Neither the recipients nor the contributors are liable for any direct, indirect or special damages, collateral damage or consequential damage or punitive damages (including, without being limited to, lost profits), regardless of their cause and the applicable theory of liability (Agreement, no-fault liability or illegal actions including negligence or any other kind), which result in any way whatsoever from the use or distribution of the program or the exercise of the rights guaranteed herein, even if the possibility of such damages was indicated.
3. WTL:
Copyright © Microsoft Corporation. All rights reserved. This file is part of the Windows Template Library. The provisions for the use and distribution of this embedded software are covered by the Common Public License 1.0 (http://opensource.org/licenses/cpl.php), which is located in the CPL.TXT file at the root of this distribution. By using this embedded software in any way whatsoever, you agree to the conditions of the license mentioned below. You may not remove these notes or any other instructions from this software.
The source code is available at wtl.sourceforge.net.
No Warranty
With the exception of everything that was not expressly stated in this Agreement, the program is provided in its existing form, without express or implicit warranties or conditions of any kind, without limitation, warranties or guarantees for title defects, non-infringement, marketability or suitability of a specific purpose. Each recipient is alone responsible for determining the suitability of use and distribution of the program, and assumes all risks connected with the exercise of rights within the framework of this Agreement, including, but not limited to, risks and costs as a result of program errors, compliance with the applicable law, damage to or loss of data as a result of unavailability or interruptions to operation.
Disclaimer
Neither the recipients nor the contributors are liable for any direct, indirect or special damages, collateral damage or consequential damage or punitive damages (including, without being limited to, lost profits), regardless of their cause and the applicable theory of liability (Agreement, no-fault liability or illegal actions including negligence or any other kind), which result in any way whatsoever from the use or distribution of the program or the exercise of the rights guaranteed herein, even if the possibility of such damages was indicated.
(Dated 8/31/2012)