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diff --git a/licenses/AVIRA-AntiVir b/licenses/AVIRA-AntiVir new file mode 100644 index 0000000..4826544 --- /dev/null +++ b/licenses/AVIRA-AntiVir @@ -0,0 +1,354 @@ +Avira GmbH + +End-user License Agreement (EULA) + +This Software has been copyrighted for the + +Avira GmbH +Tjark Auerbach +Chief Executive Officer +Lindauer Str. 21 +88069 Tettnang, Germany +www.avira.de + +hereinafter "Licensor". + +The unauthorised reproduction or unauthorised sale of this Software +or parts thereof is liable to prosecution. Such conduct can be +prosecuted under criminal or civil law and result in severe penalties +and/or claims for damages. The Licensor hereby authorises you +- hereinafter Licensee - to use this Software within the context +of the following licensing conditions: + +§1 Subject of the Licence Concession + +1) Subject of the contract is the existing computer programme; +in this case the activated full version including the licence +file necessary for activation, (the "Software"), as well as the +programme description, operating instructions and other pertinent +materials (the "documentation"). + +2) The transfer of the main programme to the Licensee shall take +place (after the order has been placed) either by means of the +sending of sealed system disks or by means of download by the +Licensee from the website of the Licensor. Before a licence file +has been purchased, the main programme can be used solely as +a limited test version. In order to use all functions, the Licensee +must purchase a licence file from the Licensor or from an authorised +retailer. The transfer of the licence file to the Licensee shall +take place by means of the sending of a sealed system disk by +post, or, by order of the Licensee (as in other cases also at +the option of the Licensor), by e-mail. In a case where the Licensee +downloads the main programme or the licence file, the transfer +shall be deemed to have taken place when downloading is complete. +With the main programme, the Licensee receives the documentation; +this shall be made available to the Licensee by the Licensor +(and at the Licensor's option), either in printed form or as +a file in a standard format (e.g. hlp, txt or pdf), irrespective +of how the Software is transferred. If the Licensee receives +the Software by means of downloading by modem or from the Licensor's +server via the Internet, he/she shall download the Documentation +in the same manner. + +3) The Software individually described in the documentation is +commensurate with state-of-the-art technology. The Licensee is +advised that with today's state-of-the art technology, it is +not possible to manufacture Software in such a way that it works +in every case and in a problem-free manner with all applications +and in all combinations (especially with third-party Software). + +4) The Software may not be used in danger zones where error-free +continuous operation is demanded (high-risk activities like, +for example, the operation of atomic power facilities, weapons +systems, aerospace navigation or communication systems and /or +life-support machines). + +§2 Scope of Use + +The Licensor grants the Licensee the simple, non-exclusive and +personal right to use the Software within the agreed scope of +use - particularly with regard to the type and number of computers, +for the duration of the contract (the "Licence"). The scope of +the licence can be seen in the LIC-INFO.TXT file, which the Licensee +receives together with the licence file. + +§3 Copyrights and Transfer of the Software + +1) The Licensee may reproduce the Software, if such reproduction +is necessary for the use of the Software. Necessary reproductions +include the installation of the Software from the original system +disk or from the downloaded installation archive on the mass +memory of the hardware in accordance with § 2, as well as the +loading of the Software into the main memory during Software +operation. + +2) Moreover, the Licensee may reproduce the Software for backup +purposes. However, only one backup copy of the original system +disk or the downloaded installation archive may be created and/or +stored. Said copy must be marked as a backup. + +3) Should a rotational backup of a system's entire data set, including +the software programmes, be essential for a fast reactivation +of the system following a complete breakdown, Licensee may create +backup copies in the quantities absolutely required. The pertinent +system disks shall be marked accordingly. These backup copies +may be used for archive purposes in connection with data backup +only. + +4) Licensee shall take the necessary steps to prohibit unauthorized +access to the Software and its documentation by third parties. +Affiliated companies of the Licensee are also regarded as being +third parties. The original data media, as well as all backup +copies, shall be stored in a secure place, safe from access by +unauthorized third parties. The Licensee's employees shall be +expressly informed as to their obligations to observe and abide +by all contractual conditions specified herein, as well as all +provisions of copyright law. + +5) The Licensee is not authorised, + +a. with the exception of the reproductions expressly authorised +in this agreement, to create other reproductions of the Software +or the documentation, either wholly or in part, on the same or +on other disks/carrier media; this also includes the output of +the programme code to a printer; + +b. to transfer the Software from one computer to another computer +or recording device via a network or other data transfer channel, +insofar as the receiving device is not a computer or other recording +device of the Licensee which is referred to in, and understood +to be within, the framework of this Agreement; + +c. without the written express permission of the Licensor, to +change, translate, retro-develop, decompile or disassemble the +Software, or to create works derived from the Software or the +documentation, or to reproduce, translate, change or create works +derived from the documentation , insofar as this is not absolutely +necessary within the context of contractual use; + +d. to remove copyright endorsements, serial numbers or other features +which serve to identify the programme, unless the Licensor has +provided written authorisation for this beforehand; + +e. to transfer the Software to third parties or to provide access +to the Software in any other form. This also applies to reproduction +of the Software. Affiliated companies of the Licensee shall also +be regarded in principle as third parties; transferring the Software +within the group of companies for exclusive use at the new site +shall be authorised in writing by the Licensor - such authorisation +may only be denied for a major reason. In this case, adherence +to the scope of use as per § 2 and § 3, any other agreements +made in this contract and any possible secondary agreements shall +be ensured. When such transfer has occurred, the Licensee must +fully delete the Software and any backup copies still at the +previous site of use within the group of companies without delay; + +f. to transfer the Software, the documentation or parts thereof +to third parties for the purposes of renting or leasing over +a period of time. + + +§4 Other Rights to the Software + +Within the context of the performance of the existing agreement, +any purchase of full rights by the Licensee shall only take place +on the physical system disks on which the Software and the documentation +are recorded. Purchase of utilisation rights or rights of use +for the Software and the documentation shall only take place +insofar as this is expressly intended in the existing agreement. +The Licensor retains in particular all publication rights, reproduction +rights, editing rights, translation rights and other utilization +rights to the Software. + +§5 Term and Termination + +1) The Licensee has the right to use the Software and the documentation +indefinitely. + +2) The right of both parties to exceptional termination shall +remain unaffected, if a major reason for such termination exists. +In particular, the Licensor has the right to terminate without +notice in the case of substantial violations of contractual obligations +on the part of the Licensee. + +3) After a termination, the Licensee is liable under contract +to fully delete all Software, in particular the original system +disk, any backup copies and any pertinent Software files installed +on his/her computer. The Licensee shall also return all pertinent +documentation. The Licensor has the right to demand a sworn statement +from the Licensee regarding such deletion. + +§6 Warranty and Cooperation of the Licensee + +1) Warranty claims by the Licensee for Software defects or defective +documentation shall only be made to the supplier of the Software +- in particular to the retailer. + +2) If the Licensor is also the supplier - in the case of direct +purchase of the Software from the Licensor - the Licensor shall +guarantee the possibility of use in conformity with the documentation, +if no other agreement on special cases has been made. The legal +warranty period shall begin with the transfer of the Software +as per § 1. 2. If the Licensee is not a consumer as defined within +the meaning of the German Civil Code (BGB), the following shall +also apply: The warranty period shall amount to 12 months; in +the case of deviations from the documentation, where such deviations +considerably affect contractual use, the Licensor, at his/her +option, shall be obliged to supply a replacement or subsequent +improvement. If the Licensor cannot correct such deviations (within +an appropriate time limit) through the delivery of replacements +or subsequent improvements, or if the Licensor cannot bypass +such deviations in such a way that the Licensee is enabled contractual +use of the Software, or if the delivery of replacements or subsequent +improvements are deemed to have failed due to any other causes, +the Licensee, at his/her option, can demand a reduction in the +purchase price or cancel the licence for the programme without +notice. In the latter case, the Licensee shall also be entitled +to a full refund of the purchase price. + +3) When reporting errors, the Licensee shall endeavour to be extremely +precise in the description, narrowing-down, determination and +reporting of such errors - to this end, he/she shall use competent +employees. Where applicable, checklists supplied by the retailer +or Licensor shall be used. + +§7 Liability and Third Party Proprietary Rights + +1) In the case of damages for which he/she is responsible, the +Licensor shall be liable to pay up to five times the amount of +the price paid upon delivery of the Software or licence file. +Standard in this case is the net amount paid (without VAT) at +the time of purchase. + +2) The Licensor shall not be held liable for any lack of economic +success, for indirect damages, consequential damages and for +damages arising from third party claims, with the exception of +claims pertaining to the infringement of third party proprietary +rights. + +3) The Licensor shall only be held liable for ordinary negligence +insofar as an obligation is violated, adherence to which is of +major importance for the attainment of the object of this contract +(cardinal obligation). + +4) For the recovery of data and other damages due to loss of data, +the Licensor shall only be liable to pay an amount typical for +the effort and costs involved in such a recovery, and only then +if the Licensee has ensured that this data (as defined within +the meaning of proper data processing from data banks) is held +in readiness in machine-readable form, can be reproduced with +a justifiable amount of effort, and if the Licensee has in particular +carried out regular and risk-pertinent creation of backup copies. + +5) The limitations of liability in § 1-4 do not apply to damages +caused by malice or gross negligence on the part of the Licensor, +his/her legal representatives, responsible employees, auxiliary +persons and damages arising from injury to life, body or health. + +6) If the Licensee is in violation of any of the limitations of +use contained in the existing contract, in particular of § 1.4, +liability on the part of the Licensor for damages arising from +such violation shall be excluded. + +7) Liability in accordance with the product liability law shall +remain unaffected. + +8) If a third party, in spite of the Licensee's contractually +correct use of the valid, unchanged original version of the Software +or documentation, makes claims against the Licensee claiming +infringement of industrial property rights or infringement of +copyright in the German Federal Republic, the Licensor shall +defend the Licensee against all such claims. The Licensor shall +assume the legal costs and quantum of damages imposed on the +Licensee, provided that the Licensee has immediately informed +the Licensor of the assertion of such claims and provided that +all legal defence measures and composition hearings/negotiations +are reserved for the Licensor. + +9) If claims in accordance with §8 or other claims for an infringement +of third part proprietary rights have been made, or are expected +to be made against the Licensee, the Licensor, at his/her option, +has the right to change or exchange all or part of the Software +and/or documentation at his/her own expense, to an extent that +is deemed reasonable for the Licensee. + +10) If a case arises involving §8 and §9, when a Software change +or the execution of a right of use is not possible with reasonable +effort, each contractual partner can cancel the licence for the +Software involved without notice. + +§8 Updates + +1) With the purchase of the licence file, the Licensee is entitled +to receive and install updates. Updates are made available to +the Licensee via download from the website of the Licensor - +unless otherwise agreed. + +2) Provided that no other terms have been agreed for the use of +such updates, the existing conditions apply. + +3) The duration and extent of the Licensee's download subscription +rights are governed by the terms of the purchased licence. + +4) An extension of the Licensee's download subscription rights +is based on the terms agreed upon. Unless otherwise specified, +the Licensor's terms and conditions apply which are published +on his/her website. + + +§9 Remuneration of the Licensor + +1) If conclusion and implementation of the existing contract take +place without the involvement of the retail trade, i.e. directly +with the Licensor, + +a) the Licensor shall receive a one-off fee, which may include +an update subscription for the first period of use, from the +Licensee upon purchase of the licence file which is necessary +for activation of the Software. The amount of the licence fee +is either taken from the Licensor's price list which is/was valid +at the time of ordering and which can be accessed on the Licensor's +website, or derived from a different agreement. + +b) The licence fee in accordance with a.) shall be paid upon transfer +of the licence file (as per § 1.2) to the Licensee. The Licensee +shall receive an invoice for the payable amount together with +the licence file. + +2) If the Software is purchased through a retailer, the licence +fee, which may include an update subscription for the first period +of use, is discharged upon payment of the purchase price. + +§10 Miscellaneous + +1) Any changes in, and/or supplements to this contract, including +this clause, must be made in writing. Verbal supplements to this +contract shall under no circumstances be made. General Terms +and Conditions of Business of the Licensee are not part of this +contract and have no legal force where this contractual relationship +is concerned. + +2) If a provision of this contract ceases to be effective or proves +to be not feasible, and the attainment of the object of this +contract is nevertheless still not essentially impossible, the +lawfulness of any remaining provisions shall remain unaffected. +Both parties shall replace the provision which is ineffective +or not feasible by one which, in a legally valid and economical +manner, comes closest to the sense and purpose of the ineffective +provision. + +3) The laws of the German Federal Republic apply to this contract. +Place of jurisdiction for merchants (who are Licensees) is the +registered office of the Licensor. + +4) In the case of delivery in EU countries, price calculation +without VAT can only occur if the Licensee has provided his/her +VAT ID. + + +Avira GmbH +Lindauer Str. 21 | 88069 Tettnang | Germany +Telephone: +49 (0) 7542-500 0 +Fax: +49 (0) 7542-525 10 +E-mail: info@avira.de +Internet: http://www.avira.de |