IMPORTANT NOTICE: PRIOR TO DOWNLOAD, INSTALLATION, COPY OR USE PLEASE READ THE BELOW TERMS OF THE SOFTWARE PRODUCT APPLICATION. BY DOWNLOAD, INSTALLATION, COPY OR USE OF THE PRODUCT YOU EXPRESS YOUR CONSENT TO THESE TERMS AND CONDITIONS.
END-USER LICENSE AGREEMENT FOR SOFTWARE PRODUCT USE
IMPORTANT - READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you and MSecure Data Labs. ("LICENSOR"), that you (either an individual or a single entity) have signed for the software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). For installing, (restricted) copying, or otherwise using this SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This EULA supersedes any prior proposal, representation, or understanding between the parties, other than any written agreement executed by both of the parties so far, which shall supercede this license agreement.
By clicking on the check box "I Accept the terms of the License Agreement" during the download, installation, copy or use of the Software you express consent to the provisions and terms hereof. If you disagree with any provisions of this Agreement, promptly uncheck the acceptance checkbox, cancel the download or installation or destroy or return the Software, installation medium, underlying documentation and a purchase receipt to MSecure Data Labs or to the place where you obtained the Software.
YOU AGREE THAT YOUR USE OF THE SOFTWARE INDICATES THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS PROVISIONS:
- SOFTWARE: The Software in this Agreement shall mean (i) the computer program MSecure Data
Labs Products, including all their parts, (ii) the contents of disks, CD-ROM, DVD medium, e-license, e-
mail reports and all their attachments, if any, or other medium to which this Agreement is attached,
including the Software supplied in the form of an object code on a CD-ROM, DVD medium, e-license or via
electronic mail through the Internet, (iii) any explaining materials and any documentation
related to the Software including, without limitation, any description of the Software, its specification,
description of properties, description of control, description of interface in which the Software
is used, a manual or installation handbook of the Software or any description of the correct use
of the Software (the "Documentation"), (iv) copies of the Software, repairs of errors, if any, of
the Software, additions to the Software, extensions of the Software, modified versions of the
Software, new versions of the Software and all upgrades of Software parts, if supplied, in
respect of which the LICENSOR grants you the License pursuant. The LICENSOR shall supply the
Software only in the form of executable code.
The above mentioned SOFTWARE PRODUCT is not sold, but licensed to you by MSecure Data Labs for use only under the following terms. MSecure Data Labs reserves any rights not expressly granted to you. You own the media on which this software is submitted, but MSecure Data Labs retains ownership of all the copies of this software itself. You acknowledge and agree that this Software Product and all portions thereof are proprietary products of the LICENSOR protected by international copyright laws and treaties, as well as other intellectual property laws and treaties. All rights, title and interest in and to this software including associated intellectual property rights, are and shall remain with the LICENSOR. This license agreement does not convey to you an interest in or to this software, but only a limited right of use, revocable in accordance with the terms of this License Agreement.
- GRANT OF LICENSE: MSecure Data Labs grants you a nonexclusive license to use the
above mentioned Software product only as authorized in this License agreement:
You may use one copy of the Software Product identified above on a single computer for your personal use. This SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more computer(s) shall not constitute "use", because a separate license is required for the network server and for each computer, to which this SOFTWARE is distributed from the network server.
- COPYRIGHT: All title and copyrights in and to this SOFTWARE PRODUCT (including but not
limited to any images, photographs, animations, video, audio, music, text, and "applets"
incorporated into this SOFTWARE PRODUCT), the accompanying printed materials, and any
copies of this SOFTWARE PRODUCT are owned by MSecure Data Labs.
You must treat this SOFTWARE PRODUCT like any other copyrighted material except that you may make one copy of this SOFTWARE PRODUCT solely for the purpose of backup. This backup shall include LICENSOR's copyright and other proprietary notices. Except as authorized through this paragraph, no copies of this SOFTWARE PRODUCT or any portions thereof may be made by you or any person under your authority or control.
You may not copy the printed materials accompanying this SOFTWARE PRODUCT.
- TRADEMARKS: MSecure Data Labs, Malware Secure Antivirus System, PC Doctor Safe, PC Doctor Netguardian, PC Doctor Total Security, NGAV Smart Security, NGAV Complete Security and all the other products of MSecure Data Labs, the logo and the slogan are trademarks of the LICENSOR. "Windows", "Windows XP", and/or other Microsoft products are trademarks of Microsoft Corporation. All other trademarks are owned by respective owners of the software. No right, license, or interest to such trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.
- RESERVATION OF RIGHTS: All rights to the Software, except for the rights expressly granted in this Agreement to you as the End User of the Software, are reserved by the LICENSOR for itself.
- RESTRICTIONS: a. You may not reverse engineer, decompile, disassemble, modify, translate, make any attempt
to discover the source code of or create derivative works of this SOFTWARE, in any other
manner, except for the scope in which such limitation is explicitly prohibited by law.
b. You may create for yourself one copy of the Software on a medium for permanent storing of data as a back-up copy, provided that your archive back-up copy shall not be installed or used on any other computer. The creation of any other copy of the Software shall be a violation of this Agreement.
c. You may not sell the Software, sublicense or lease it to another person or hire the Software from another person or lend the Software.
d. You may not use, modify, interpret, reproduce or transfer rights to use the Software or copies of the Software in any manner other than as provided for in this Agreement.
e. You may not charge for distributing copies of the "Evaluation versions" of this SOFTWARE PRODUCT to third parties. You may NOT distribute copies of the "registered versions" of this SOFTWARE PRODUCT to third parties.
f. You may use the Software supplied as NFR or trial version exclusively for verifying and testing the Software features. You may also use the NFR Software for demonstration purposes.
g. You agree to use the Software only in the manner which is in accordance with all applicable legal regulations in the laws under which you use the Software including, without limitation, in accordance with applicable limitations arising from the Copyright Act and other intellectual property rights.
h. You must exercise the rights of the End User in person or through your employees, if any. As the End User you may only use the Software to ensure your activity and protect only those computer systems for which you have obtained and paid for the License.
- LICENSE FEE: The license fee paid by you is for the license granted under this License Agreement. Such fee is not refundable in the event that the license granted herein is terminated as provided for herein.
- LICENSE PERIOD: This License Agreement becomes effective upon the usage of this SOFTWARE PRODUCT, along with the license key and shall continue until terminated. You may terminate this License Agreement at any time by returning this software and all copies thereof and extracts there from to the LICENSOR. The LICENSOR may terminate this License Agreement, and this License Agreement shall be deemed automatically terminated, upon the breach of any term hereof by you. Upon such termination by the LICENSOR, you agree to return this SOFTWARE PRODUCT and all copies and portions thereof and extracts there from to the LICENSOR.
- SUPPORT SERVICES:
"Support Services" means:
(a) Regular detection and disinfection updates of the anti-virus, anti-spyware database, Free software updates, including version upgrades;
(b) Technical support via Internet, Chat, Remote and phone provided by LICENSOR and/or business partner.
The LICENSOR or its business partners shall ensure help and support in troubleshooting and debugging in the use of the most up-to-date version of the Software throughout published operating hours. Any requirements for help and Technical support received outside of operating hours shall be deemed to have been received on the following business day.
A requirement for help and Technical support must be sufficiently certain and must contain data enabling the replication of the reported problem. If necessary, the End User shall be obliged to provide necessary assistance in solving a reported problem.
Support Services shall become available only after Software activation. The LICENSOR's technical support service is also entitled to demand from you additional registration for identifier awarding for Support Services rendering. Until Software activation and/or obtaining of the License, the Technical Support service renders only assistance in Software activation and registration of the End User by necessary means as specified by the LICENSOR in this agreement.
Support Services are provided only if and when you have the latest version of the Software (including service packs if any) as updated by the LICENSOR on his official website.
a) UPDATES AND LICENSE: An Updating shall include each new version or change of the Software or individual parts thereof, which the LICENSOR shall release on its websites or the websites of its business partners. The LICENSOR shall make the Update accessible to the End User from the protected area of its websites through the Internet network. Access to the Update shall require a unique identifier (the "License"). The License of the End User shall consist of a random combination of alphanumeric characters and/or a valid username and password and/or a binary key file and shall be automatically generated by the LICENSOR's business system. The License shall be delivered to the End User in the form of an email message, be inserted in commercial packaging of the Licensed Product, or be delivered in another appropriate manner. The End User shall be obliged to protect the License against damage, loss or misuse. Upon discovery of the first loss/misuse of the License of the End User, the LICENSOR shall make the original License functionless and issue a new License for the End User .The End User shall be obliged to provide to the LICENSOR all data to be required by the LICENSOR in investigation of the misuse of the License including, but not limited to, access to records of operation of computer systems, records of accesses to files, as well as other necessary data. In case of misuse of the new License is discovered, the LICENSOR can revoke the License immediately and without any compensation for the End User. The right of the LICENSOR to compensation for damage shall not be affected by immediate revocation of the License. The End User shall be obliged to obtain the Update only from the websites of the LICENSOR . The End User agrees to install each new version or changes of the Licensed Product as soon as it has obtained them or no later than at the time to be specified by the LICENSOR in the Software, the Documentation thereof, or on the websites of the LICENSOR or of its business partners. The LICENSOR shall not be held liable for damage occurred by breach of the End User's obligation to install each new version or changes of the Software and/or installation of the Updating from sources other than the Authorized Sources.
b) DISCONTINUITY OF SUPPORT: The LICENSOR shall not be obliged to provide any support, particularly if a reported error:
a. results from any unauthorized interference with the Software, its source code, or by the use of incorrect parameters or settings of the Software,
b. has occurred by the fault of servicing staff, or by the use of the Software in non- compliance with the Documentation,
c. has already been resolved by the issuance of the Update, which the End User failed to install,
d. the End User has failed to pay the License Fee or
e. is otherwise provided for in this Agreement.
Support Services will terminate unless renewed annually or for the license period obtained by the end user by payment of the then current annual charges and by successful completion of the order process.
- LIMITED WARRANTY ON MEDIA: The LICENSOR warrants the media on which this software is recorded to be free from defects in materials and faulty workmanship under normal use for a period of seven (7) days from the date of delivery. Any implied warranties of merchantability and fitness for a particular purpose are limited to 7 days only from the date of delivery. MSecure Data Labs will, at its option, replace the media with additional media charges. MSecure Data Labs shall have no responsibility to replace the media damaged by accident, abuse or misapplication.
- DISCLAIMER OF WARRANTY ON SOFTWARE PRODUCT: THIS SOFTWARE PRODUCT IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. MSecure Data Labs EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ESPECIALLY. MSecure Data Labs DOES NOT GUARANTEE THIS SOFTWARE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE PRODUCT IS IMPLIED ON YOU. MSecure Data Labs DOES NOT WARRANT THE ACCURACY OF ANY STATISTICS GATHERED BY THIS SOFTWARE. THE LICENSOR RESRVES THE RIGHT TO MAKE CHANGES TO ANY OR ALL PARTS OF THIS SOFTWARE PRODUCT AT ANY TIME WITHOUT NOTICE.
- COMPLETE STATEMENT OF WARRANTY: THE LIMITED WARRANTIES PROVIDED IN THE PRECEDING PARAGRAPHS ARE THE ONLY WARRANTIES OF ANY KIND THAT ARE MADE BY THE LICENSOR ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE OR DEALER OF LICENSOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE, COUNTRY TO COUNTRY. YOU AGREE THAT THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH BY LICENSOR OF ANY WARRANTIES MADE UNDER THIS AGREEMENT.
- LIMITATION OF LIABILITY: LICENSOR's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement and/or this SOFTWARE PRODUCT, whether arising in contract, tort or otherwise, shall not exceed the license fee paid to the LICENSOR for the use of this SOFTWARE PRODUCT. In no event shall the LICENSOR be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, lost business or lost data, even if the LICENSOR has been advised of the possibility of such damages.
- GOVERNING LAW: Disputes related to this License Agreement shall be dealt within the jurisdiction of the country, where the Software Product has been developed, and governed by the laws of that country, i.e., India.
- CONTROLING TERMS: In the event of a conflict between your printed License Agreement and the terms of the License Agreement contained in this Software, the terms of the License Agreement available electronically in this SOFTWARE shall control. In the event of a conflict between the English version and the non-English versions of this license agreement, the English version of this license agreement shall prevail.
- GENERAL PROVISIONS: If any provision of this Agreement is invalid or unenforceable, this
shall not affect the validity of the remaining provisions of the Agreement. Those shall remain valid
and enforceable under the terms and conditions stipulated herein. Any amendments hereto may
only be in writing, and a statutory representative must sign such an amendment on behalf of the
This Agreement between you and the LICENSOR represents the single and entire Agreement applying to the Software and completely supersedes any prior representations, negotiations, obligations, reports, or advertisement of information related to the Software.
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