PLEASE READ THIS ANTIVIRUS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE CERBER ANTIVIRUS SOFTWARE. BY USING THE CERBER ANTIVIRUS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE CERBER ANTIVIRUS SOFTWARE. VISIT THE CERBER AV WEBSITE (http://www.cerberav.com) FOR TERMS OF AND LIMITATIONS FOR OBTAINING A REFUND.
1. License. The Cerber AntiVirus Software and any related documentation accompanying this License are licensed, not sold, to you by LauchMore.com, a corporation organized under the laws of Spain and a parent company of (“CERBER LABS”), for use only under the terms of this License, and CERBER LABS reserves all rights not expressly granted to you. The Cerber AntiVirus Software in this package and any copies that this License authorizes you to make are subject to this License. The terms of this License will govern any software updates provided by CERBER LABS that replace and/or supplement the original Cerber AntiVirus Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
A. Trial. If you are using the trial version of the Cerber AntiVirus Software, this License allows you to install the Cerber AntiVirus Software for the sole purpose of evaluating the Cerber AntiVirus Software. The trial version of the Cerber AntiVirus Software expires 14 days after the date you first use the Cerber AntiVirus Software.
B. 30 Day Money-Back Guarantee. Cerber Products purchased as yearly subscription or with a subscription term of less than one 6 months are only refundable within 30 days following their initial date of purchase.
C. Individual. This License allows you to install the Cerber AntiVirus Software on as many computers for which you have paid the applicable license fees. Use of Cerber AntiVirus on any computer, device or other equipment for which you have not paid the applicable license fee shall be a material breach of this Agreement. This License does not extend to business or commercial users. You may not make the Cerber AntiVirus Software available over a network. You may make one (1) additional copy of the Cerber AntiVirus Software in machine readable form solely for back-up purposes, provided you reproduce the Cerber AntiVirus Software in its original form and with all proprietary notices on the back-up copy.
D. Corporate. This License allows you to install the Cerber AntiVirus Software on up to the maximum permitted number of computers at a time as specified within the applicable transaction documentation from Cerber AntiVirus. You may make Cerber AntiVirus Software available over a network to allow individuals within your business or enterprise to use the Cerber AntiVirus Software pursuant to this License. You may make copies of the Cerber AntiVirus Software in machine-readable form for backup purposes only; provided that the backup copies must include all copyright or other proprietary notices contained on the original.
3. Transfer. You may not rent, lease, lend or sublicense the Cerber AntiVirus Software. You may, however, make a one-time permanent transfer of all of your license rights to the Cerber AntiVirus Software to another party, provided that: (a) the transfer must include all of the Cerber AntiVirus Software, including all its component parts, original media and this License; (b) you do not retain any copies of the Cerber AntiVirus Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Cerber AntiVirus Software reads and agrees to accept the Terms and Conditions of this License.
Updates: You shall have the right to obtain updates to the Cerber AntiVirus Software for any period for which you have purchased a subscription for updates to the Cerber AntiVirus Software (including any subscription included with your original purchase of the Cerber AntiVirus Software). This License does not otherwise permit you to obtain and use updates to Cerber AntiVirus Software.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Cerber AntiVirus Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Consent to Use of Data. You agree that CERBER LABS may collect and use technical and related information, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Cerber AntiVirus Software. CERBER LABS may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from CERBER LABS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Cerber AntiVirus Software and destroy all copies, full or partial, of the Cerber AntiVirus Software.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Cerber AntiVirus Software IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CERBER ANTIVIRUS SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CERBER LABS LTD HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CERBER ANTIVIRUS SOFTWARE, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CERBER LABS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CERBER ANTIVIRUS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE CERBER ANTIVIRUS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CERBER ANTIVIRUS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CERBER ANTIVIRUS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CERBER LABS SHALL CREATE A WARRANTY. SHOULD THE CERBER ANTIVIRUS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CERBER LABS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CERBER ANTIVIRUS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CERBER LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT 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 PROPERTY DAMAGE.
8. SPAIN . Government Restricted Rights.This license agreement is governed by the laws of Spain and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Marbella, Spain Courts of Justice. Both parties expressly renounce any other jurisdiction or venue that may correspond to them.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of this Agreement or any breach thereof shall, unless it is settled by direct negotiation, be settled by in the International Commercial Arbitration Court at Marbella Spain. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in Section 8 shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.
9. Period for Bringing Actions. No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
11. GNU and Other Third Party Licenses.
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