End user license agreement Avira AntiVir Personal - Free Antivirus

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Note to users: Please read through the following agreement carefully. By install
ing the software, you explicitly agree to be bound by the terms of this agreemen
t. If you do not accept the terms of this agreement, you may not use the softwar
e.
This free Avira AntiVir Personal - Free Antivirus is intended exclusively for pr
ivate use on a single workstation. You may copy the complete program package and
pass it on to others for private use only.
The free Avira AntiVir Personal - Free Antivirus may not be used for commercial
or professional purposes.
§1 Subject matter of this agreement
1) This agreement refers to the computer programs (hereinafter referred to as "S
oftware"), program specifications and user manual.
2) The user is granted the right to use the Software free of charge.
3) The computer program described in the user manual conforms to the latest tech
nological standards. Avira GmbH (hereinafter referred to as the "Licensor") advi
ses, however, that the latest technological standards do not guarantee that the
Software will function entirely error-free in all applications and combinations.
4) Avira GmbH only offers this Software for downloading from its server. Avira G
mbH does not offer the transfer of this Software to the user's computer.
§2 Scope of use
The Licensor grants the Software user (hereinafter referred to as the "Licensee"
) a sole, non-exclusive, personal right (hereinafter referred to as the "License
") to use the Software on one computer system and in one location only as detail
ed below:
1) The Licensee may install the Software on a private personal computer, load it
into the user memory and run it accordingly.
2) The Licensee may use the Software only for private purposes. Educational esta
blishments and non-profit making organizations are deemed to be commercial or bu
siness organizations. Similarly, the Software may not be used in a home office f
or commercial or business purposes.
3) The Licensee may copy the complete Software package in order to pass it on to
a third party provided he/she does so free of charge, leaving the brand name, l
ogo and copyright notice intact and drawing attention to these terms of use.
4) The Licensee may make one back-up copy of the Software.
§3 Special restrictions
The Licensee is forbidden in particular:
1) to reproduce the Software in whole or in part on the same or other media outs
ide the limits indicated in §2;
2) to separate the components of the Software in order to use them on more than
one computer;
3) to modify, translate, reverse-compile, decompile, disassemble or generate wor
ks derived from the Software, or to reproduce, translate or modify the written m
aterial or generate works derived there from;
4) to pass on, rent or lease the Software to a third party for business purposes
, or to use it in any other form for commercial purposes. This also applies to c
opies of the Software;
5) to pass on the Software or copies thereof to a third party in return for paym
ent. This software package may not be distributed on commercial data media (e.g.
sampler CDs, shareware CDs, as OEM versions) without the permission of the Lice
nsor.
§4 Ownership of rights
1) This Software is protected by copyright. All rights arising from the copyrigh
t are the property of the Licensor. The copyright covers in particular the progr
am code, documentation, appearance, structure and organization of the program fi
les, program name, logos and other forms of representation within the Software.
2) The Licensee is only granted an individual, private right to use the Software
. This does not imply a conferral of any rights to the Software itself. The Lice
nsor reserves all rights of publication, reproduction, editing and utilization f
or the Software.
§5 Term of the agreement
1) The agreement is concluded for an indefinite period. The Licensee’s right to us
e the Software shall end automatically without notice in the event of non-compli
ance with any of the provisions of this agreement.
2) On termination of the right of use, the Licensee is obliged to uninstall the
Software from his/her computer system. The Licensee also undertakes to destroy a
ll copies of the Software together with all written material and all copies ther
eof, including any modified copies.
§6 Warranty
The right to use this Software is granted to the Licensee free of charge. It is
not therefore subject to any sales or other warranty legislation. The Licensee a
ccepts this program in its currently available form, and is consequently not ent
itled to bring any warranty claims.
§7 Liability
1) The Licensor guarantees the fitness of the product for the contractual purpos
e as described in the program specification. No liability is accepted in respect
of the suitability of the Software for the user s purposes and its compatibilit
y with the user s existing software.
2) Claims for damages against Avira GmbH are excluded irrespective of their lega
l basis, including but not limtited to claims based on grounds of delayed perfor
mance or frustration, breaches of advisory and contractual obligations, pre-cont
ractual obligations, a default in performance, breaches of third-party intellect
ual property rights and unlawful acts, unless Avira GmbH has acted with intent o
r gross negligence or unless the damage claim results from the failure to ensure
a warranted feature.
3) To the extent that Avira GmbH is liable, the claim for damages shall be limit
ed to foreseeable loss. Compensation for consequential damage such as loss of pr
ofit is excluded in all cases. This limitation clause shall not apply if the eve
nt giving rise to the damage was caused with intent or gross negligence by one o
f its legal representatives or management level employees.
4) All claims for damages against Avira GmbH shall expire by limitation six mont
hs after the receipt of the Software. This does not apply to claims arising from
unlawful acts.
5) These provisions do not apply to claims arising from product liability legisl
ation.
§8 Obligation to mitigate loss
1) The Licensee is explicitly reminded that he/she must make back-ups of the dat
a on his/her computer at adequate, regular intervals (normally once a week). Fai
lure to do so shall constitute a breach of the Licensee’s obligation to mitigate l
oss, and Avira GmbH shall not be liable for any resultant loss.
2) The Licensee is explicitly reminded that he/she must not use the Software in
danger zones where error-free continuous operation is demanded (high-risk activi
ties like, for example, the operation of atomic power facilities, weapons system
s, aerospace navigation or communication systems and /or life-support machines).
Failure to comply with this provision shall constitute a breach of the Licensee’s
obligation to mitigate loss, and Avira GmbH shall not be liable for any resulta
nt loss.
§9 Contractual amendments and protective clause
1) These terms of use apply in the currently applicable version as published on
the website [www.free-av.de].
2) These General Terms of Use shall still form part of the agreement even if the
y differ from those of the Licensee, even where not expressly contradicted by Av
ira GmbH.
§10 Choice of law
All legal relations between the parties, including matters relating to torts, sh
all be subject to the law of the Federal Republic of Germany. The place of juris
diction shall be Tettnang.
§11 Final provisions
1) All modifications of or amendments to this agreement, including this clause,
must be made in writing.
2) Should any provision of this agreement be or become invalid or unenforceable,
this shall not affect the legal validity of the other provisions. In this case,
the invalid or unenforceable provision shall be replaced where possible by a va
lid provision which most closely reflects the commercial intention of the partie
s.
3) This agreement is subject to the law of the Federal Republic of Germany. The
place of jurisdiction shall be the domicile of the Licensor. All matters relatin
g to the validity, interpretation and fulfillment of the contractual provisions
including but not limited to matters relating to torts shall be settled at the p
lace of jurisdiction of the Licensor in the Federal Republic of Germany.
4) This agreement has been prepared in the German language. The German language
version shall govern this agreement and any translation of this agreement shall
be for convenience only. In the event that any part of a translation of this a
greement differs from the German version, the German version shall supersede the
translation.
Should you have any queries regarding this license agreement, further informatio
n can be found at www.free-av.de. If you wish to contact the Licensor for any ot
her reasons, please send an email to sales@avira.com or write to:
Avira GmbH,
Lindauer Strasse 21
D-88069 Tettnang
Germany