END-USER LICENSE AGREEMENT

Please read the following License Agreement carefully before using this program. By accepting the Agreement, you are agreeing to become the user or licensee and expressing your complete acceptance of all the terms and conditions of this License Agreement. If you do not accept the terms of the Agreement, do not install the program. Similarly, use of the program implies your acceptance to be bound by the terms and conditions of this License Agreement.

This License Agreement represents the entire agreement between the licensee and PANDA SECURITY, S.L. (hereinafter PANDA) with respect to the subject matter hereof. Similarly, and where permissible under applicable legislation, the terms and conditions of the present License Agreement shall take precedence over any communication or advertising material in the event that such material contradicts any of said terms and conditions or where such material predates this License Agreement.

The acceptance of the terms and conditions of this License Agreement does not confer any rights of ownership not specified in this Agreement over the program belonging to PANDA or its Software Suppliers.

1.- LICENSE GRANT.- By means of the present Agreement, PANDA grants the licensee a limited, non-exclusive and non-transferable license and right to use this program and documentation, during the period contracted, under the terms and conditions established herein.

In the case of evaluation versions, the licensee may only use this version for the period indicated by PANDA. Written permission must be granted by PANDA in order to extend this period. Notwithstanding the terms of the License Agreement, PANDA shall not offer any guarantee with respect to evaluation versions of the program, which, in respect to the present Agreement, are delivered “as is”.

Promotional versions of a product may only be installed one time only and on no more than one computer. Similarly, no more than one promotional version of the same product may be installed on a computer at any one time.

An OEM version can only be sold with hardware according to the requirements defined by Panda. Consequently, PANDA reserves the right to disable or block OEM versions should it detect that these requirements have not been complied with.

In the case of subscription versions, if the monthly or periodic subscription fees are not paid, or when the subscription period has expired, the licensee will lose the rights to access the services associated with the program.

This License Agreement grants the licensee the right to use the program on as many computers and/or servers as licenses bought. In the case of products with multiple licenses, the service period shall commence for all licenses from the moment that the first one is activated.

In network environments, licenses must be acquired for a maximum number of computers connected to the server or maximum number of users connected to the server. The number of computers on which the product is installed must not exceed the number of licenses contracted, as specified in the License Certificate of this program (where provided).

In the case of computers not connected to a network, licenses must be acquired for each computer on which the licensee installs the program. The number of computers on which the product is installed must not exceed the number of licenses contracted, as specified in the License Certificate of this program (where provided).

In both the above cases, the license is only applicable to the program contracted, as specified in the License Certificate (if the program includes this certificate).

2.- INTELLECTUAL PROPERTY.- This program, as well as any corresponding documentation or information, is the exclusive property of PANDA and/or its Software Suppliers. PANDA or its Software Suppliers own all intellectual property rights and copyrights pertaining to the programs, documentation or any other work, program or product given to the licensee by PANDA as part of this Agreement.

PANDA authorizes the use of its programs and products in comparative reviews provided that these are objective and carried out in good faith and in accordance with accepted or customary industry practices. These reviews may only be carried out using the latest versions of the programs and products concerned.

3.- BACKUP COPY. This License Agreement authorizes the creation of only one backup copy of the contents of the CD-ROM or files downloaded from the Internet, provided that such copy contains all software property rights notices.

4.-MODIFICATIONS TO PRODUCTS AND SERVICES.- The licensee acknowledges and accepts that during the contracted period, and in order that PANDA products adapt to technological advances and improve accordingly, PANDA may cease to develop the program or product contracted by the licensee in favor of others. In such circumstances, the licensee may choose another program or product in accordance with PANDA’s product migration policy. In this event, the licensee agrees to accept the conditions of such policy and adapt his/her computer accordingly should it be necessary. Migration to the new program or product may or not be free of charge depending on the resources that PANDA has dedicated to the research and development of the new programs or products and the extent to which they differ from the programs or products replaced.

The licensee also accepts that during the contracted period, PANDA may change or modify the services in order to adapt to the aforementioned technological advances.

The licensee agrees to accept these changes without demanding any compensation whatsoever. PANDA shall notify the licensee of any such changes.

Similarly, when the contracted period has elapsed, in cases of product and service renewal, the licensee is aware that the services and/or characteristics of the program or product may have been modified to adapt to technological advances and that therefore he/she would have to change to a new version, program or product according to the policy established by PANDA.

If the licensee changes to a new version or new PANDA program or product to update a previous version, the updated version, program or product is the only one he/she has the right to use, accepting exclusively the terms and conditions applicable to all documentation, material and specifications corresponding to the new version, program or product. The licensee is obliged in such cases to delete any material corresponding to the previous version.

By accepting this License Agreement, the licensee accepts all such modifications to the services and characteristics of the program. Please check all such modifications before accepting this License Agreement.

5.- DATA COLLECTION TECHNOLOGY.- PANDA informs the licensee that in certain programs or products it may use data collection technology to collect technical information (including suspicious files) to improve the programs or products, to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the program or product. The licensee accepts that PANDA may use such information as part of the services provided in relation to the program or product. The licensee acknowledges and accepts that PANDA may provide updates or additions to the program or product which are automatically downloaded onto his/her computer.

Similarly, for the purpose of contracting and using the program, the licensee may have to give PANDA certain personal data. The licensee is hereby informed and gives consent to the processing of his/her personal data, which is facilitated to PANDA as a consequence of the contracting and use of the program, in order to access information or services provided by PANDA or to maintain the contractual relationship or to sent marketing information by any means including electronically. PANDA informs the licensee that it will treat such personal data in accordance with current applicable legislation and as established in its Privacy Policy. The licensee can access the Privacy Policy at: http://www.pandasecurity.com/spain/enterprise/media/legal-notice/#e10

As part of the service, the product provides the IP address and name of the licensee’s computer in order to allow monitoring of licenses and in order to check and detect possible incidents related with the product and its use. The licensee acknowledges and authorizes processing of this IP address by PANDA.

6.- LIMITED WARRANTY. PANDA guarantees that the program will fulfill its principal designed functions in accordance with the documentation and/or the Help file that accompany the program for ninety days (90) from the date of reception against any manufacturing or operating defect, without prejudice to any applicable consumer protection legislation. During this period, and provided the licensee has activated the services where applicable, PANDA shall offer the following limited warranty, which represents the maximum guarantee that PANDA offers the licensee with respect to any defects in the program, product or documentation covered by the present License Agreement. PANDA guarantees the licensee the repair or substitution of any defective optical media that do not permit the program to work, as well as any defective printed material. This limited repair or replacement warranty applies to files downloaded via the Internet if the program has been delivered in this way. Should defective optical media or printed material need to be substituted, the licensee must submit them to PANDA. In no case will there be a substitution without the previous return by the licensee of the original printed material or optical media. This last requirement shall not be necessary in the case of printed documentation delivered via the Internet.

7.- DISCLAIMER.- This warranty does not cover lost, stolen or accidentally damaged material, or material improperly used or modified without authorization or which is faulty due to causes attributable to the licensee or third-parties other than PANDA. PANDA shall not be held responsible for faults in the functionality of the licensed program caused by external technical equipment. Furthermore, PANDA informs the licensee that it shall not be held responsible for any activities carried out by third parties other than PANDA at the licensee’s request, instead of PANDA’s own Technical Support Service.

The program is provided as is, and no claims shall be accepted concerning failure to fulfill presumed functions, other than those expressly indicated in Clause Six. PANDA does not guarantee that the Software is error free, nor that it will function without interruption. The licensee knows and accepts, under his/her own responsibility, that due to the modifications that viruses cause in files they infect, it is possible that the disinfection process could produce unforeseen changes to these files.

The licensee is responsible for the use of the program by others. The licensee accepts responsibility for any losses and/or damages and costs arising from any incompatibility between this program or updates thereof and any third-party software that the licensee has installed on his/her computer as well as any other problems that may arise due to the interaction between both programs, or for code strings that coincide.

Notwithstanding the terms of this License Agreement, under no circumstances shall PANDA be liable for any damages greater than the fee paid by the licensee for the program, regardless of whether the licensee has informed PANDA of the possibility of such damages.

8.- HIGH RISK ENVIRONMENTS.- This program has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. PANDA specifically disclaims any express or implicit guarantee of the program’s suitability for these types of activities.

9.- TRANSFER RESTRICTIONS AND TERMINATION. The licensee may not license, sublicense, distribute, loan or transfer the program in any form without prior written consent from PANDA. Upon termination or expiry of the present License Agreement, the licensee shall cease to use the program immediately and destroy all copies or return them to PANDA.

10.- OTHER RESTRICTIONS This program is delivered via a CD-ROM or the Internet. The program may only be used on the licensee’s own computer(s). It may not be used on computers that are not his/her property, nor may it be lent, rented, leased, given away, donated or transferred to another user.

The licensee may not transfer the rights granted by means of this License Agreement. It is not permitted to decompile, reverse-engineer or disassemble wholly or partially this program.

The licensee may not make any alterations, either wholly or partially, to the software, services and/or any other documentation or material included with the product.

11.- JURISDICTION.- The present License Agreement is governed by Spanish law and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Bilbao Courts of Justice. Both parties expressly renounce any other jurisdiction that may correspond to them.

12.- GENERAL- The licensee authorizes PANDA personnel to visit him/her in order to verify that the conditions of this license are met.

The licensee knows and accepts that PANDA may take legal proceedings should him/her not abide by the terms of this License Agreement. PANDA reserves the right to terminate the present License Agreement automatically without prior notice should the licensee fail to comply with any of the terms and conditions of the present Agreement.

If any provision in this License Agreement is against the law, that provision will be considered void, without affecting the totality of the Agreement or implying that the Agreement is void.

PANDA expressly reserves all other rights it may have and that are not herein granted to the licensee.

SPECIFIC CLAUSES FOR FREE SOFTWARE.

The SafeBrowser tool, available through the product licensed herein, includes or may include programs licensed or sub-licensed to the licensee under General Public License (GPL) or other similar free software licenses which, among other rights, allow the licensee to copy, modify or redistribute certain programs or parts thereof as well as having access to the source code.

In addition, the product includes a utility to boot systems with Panda Cloud Cleaner, based on the Tiny Core Linux project. For more information about this project, refer to: http://distro.ibiblio.org/tinycorelinux/. For more information about the project version used to develop said repair utility, refer to http://distro.ibiblio.org/tinycorelinux/3.x/release/. This is a free software project subject to the GNU General Public License (GNU GPL) version 2.

The aforementioned utility also includes other third party software subject to the GNU General Public License (GNU GPL) version 2 or 3.

Copyright: Unless otherwise specified, the following shall apply:
Syslinux
Copyright 1994-2011 H. Peter Anvin et al - All Rights Reserved
GRUB4DOS
Copyright © 2010 Free Software Foundation, Inc.
Copyright © 1999,2000,2001,2002,2003,2004,2005,2006 Yoshinori K. Okuji
TinyCore
(C) 2008,2009,2010,2011 Robert Shingledecker.

These tools, along with others included, are free software; you can redistribute them and/or modify them under the terms of the GNU General Public License as published by the Free Software Foundation (version 2 or 3 of the license).

The texts with the General Public License (GPL), versions 2 and 3, are available to the licensee at http://www.gnu.org/licenses/licenses.en.html

For any software subject to General Public License, or other similar free software licenses, distributed in binary executable format, the license requires that the source code is made available to the licensee. The licensee may access this source code at: http://acs.pandasoftware.com/eula/sc/tinycore.linux.zip

Should the licensee install this software, the corresponding license conditions and intellectual property and copyright notices will apply in addition to those laid out in the present License Agreement.

This software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of fitness for a particular purpose. Refer to the GNU General Public License v2 and v3 for more details.

Should the license conditions referred to in the present clause grant rights more extensive than those indicated in the present License Agreement, said rights shall take precedence over the rights and restrictions stipulated herein, with respect only to the software or parts of the software licensed under said terms.

Panda Security, S.L.
Gran Via D. Diego Lopez de Haro 4
48001 Bilbao, Spain

Tel.: +34 94 425 11 00
Fax: +34 94 424 46 97

Email address: info@es.pandasecurity.com
© Panda Security 2013