path: root/licenses/AVIRA-AntiVir

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