Miyerkules, Disyembre 14, 2011
AVAST ANTIVIRUS
AVAST END USER LICENSE AGREEMENT
(FOR HOME & HOME OFFICE)
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”)
CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING
CONTRACT BETWEEN YOU AND AVAST SOFTWARE a.s., A COMPANY DULY ORGANIZED AND
EXISTING UNDER THE LAWS OF THE CZECH REPUBLIC, REGISTERED IN THE COMMERCIAL
REGISTER MAINTAINED BY THE MUNICIPAL COURT IN PRAGUE IN SECTION B, INSERT NO. 11402
(“AVAST”). BY ASSENTING ELECTRONICALLY, INSTALLING OR USING THIS SOFTWARE YOU ACCEPT
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions
of this Agreement, do not continue the installation process and delete or destroy all copies of the Software in your
possession.
This Agreement accompanies certain software (including any upgrades or updates thereto as provided by AVAST, the
“Software”) and related explanatory written materials (the “Documentation”).
1. License
AVAST grants to you a non-exclusive license to use the Software and the Documentation for the agreed term indicated
in the Documentation or applicable transaction materials made available to you at the time you purchase the Software
(the “Service Period”), provided that you agree to the terms and conditions of this Agreement.
2. Permitted Use of the Software
You may install and use the Software on up to the agreed number of computers indicated in the Documentation or other
transaction materials made available to you at the time you purchase the Software (the “Permitted Number of
Computers”). The Software must be used exclusively by you or members of your household. You may also make one
backup copy of the Software.
Provided the Software is configured for network use, you may install and use the Software on one or more file servers
for use on a single local area network for only one (but not both) of the following purposes:
2.1 either permanent installation of the Software onto a hard disk or other storage device for up to the Permitted
Number of Computers, or
2.2 use of the Software over such single local area network, provided the number of different computers on which
the Software is used does not exceed the Permitted Number of Computers.
ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION OR ANY
RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE CONSTITUTES A MATERIAL BREACH OF
THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
3. Upgrades and Updates
Upgrades and updates of the Software shall be provided to you by AVAST during the term of the license indicated in
the Documentation or other transaction materials made available to you at the time you purchase the Software.
You will not be entitled to receive any feature or content updates or upgrades of the Software unless you renew the
Service Period or purchase a new subscription.
4. Ownership Rights
The Software and Documentation is the intellectual property of AVAST and is protected by applicable copyright laws,
international treaty provisions and other applicable laws of the country in which the Software is being used. The
structure, organization and code of the Software are valuable trade secrets and confidential information of AVAST. To
the extent you provide any comments or suggestions about the Software to AVAST, AVAST shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further
compensation to you and without your approval of such retention or use.
Except as stated in this Agreement, your possession, installation and use of the Software does not grant you any rights
or title to any intellectual property rights in the Software or Documentation. All rights to the Software and
Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual
property rights, are reserved by AVAST.
5. Restrictions
You may not copy or use the Software or the Documentation except as set forth in Section 2 of this Agreement. You
may not remove any proprietary notices or labels on the Software; any copies that you are permitted to make pursuant
to this Agreement must contain the same copyright and other proprietary notices that appear on and in the Software.
You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble the Software or otherwise
attempt to discover the source code of the Software or algorithms contained therein or create any derivative works from
the Software. You are not permitted to use the Software in connection with the provision of any commercial services
which include processing or transferring the data of or for other persons or entities (“Data”), including cloud computing
and “Software as a Service” solutions, providing storage capacities for Data; transmitting, routing of or providing
connection to Data or providing information search tool services. You may not permit third parties to benefit from the
use or functionality of the Software via a timesharing, service bureau or other similar arrangement.
6. Transfer
You may not rent, lease, sub-license, or lend the Software or the Documentation or any portions thereof. You may,
however, transfer all your rights to use the Software and the Documentation to another person provided that (i) the
transferee accepts the terms of this Agreement; (ii) you transfer the Software, including all copies, updates and prior
versions, and all Documentation to such person; and (iii) you retain no copies of the Software or of the Documentation,
including but not limited to copies stored on your computer. Partial transfer of your rights under this Agreement,
including transferring use of a portion of the Permitted Number of Computers to another person, is strictly prohibited.
7. Limited Warranty; Disclaimers and Exclusion of Liability
AVAST warrants to you that the Software will perform substantially in accordance with the Documentation for a
period of thirty (30) days following your receipt of the Software. To make a warranty claim, you must return the
Software to the location where you obtained it along with a copy of your sales receipt within the thirty (30) day
warranty period. If the Software does not perform substantially in accordance with the Documentation, the entire and
exclusive liability of AVAST and its distributors and agents and your exclusive remedy shall be limited to, at
AVAST’S option, either (i) replacement of the Software or (ii) refund of the license fee you paid for the Software This
limited warranty is void if the Software does not perform substantially in accordance with the Documentation as a
result of any accident, abuse, alteration or misapplication of the Software by you or any third party other than AVAST,
its distributors or agents.
Be aware that the Software may make changes to your computer that may adversely affect its functionality, such as
deleting system or application files identified (correctly or incorrectly) by the Software as infected. You acknowledge
and agree to such changes to your computer that may occur as a result of your use of the Software. The Software is not
fault-tolerant and as such is not designed for use in hazardous environments requiring fail-safe performance.
AVAST AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE REMEDY IN THIS SECTION
STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AVAST'S OR ITS DISTRIBUTORS’ OR AGENTS’
BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS
PROVIDED “AS IS” AND AVAST AND ITS DISTRIBUTORS MAKE NO EXPRESS OR IMPLIED
WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM
ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR
JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY
PARTICULAR PURPOSE.
YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL
AVAST OR ITS DISTRIBUTORS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST
SAVINGS OR LOST DATA, EVEN IF AVAST OR ITS DISTRIBUTOR OR AGENT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE AND
ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO CASE SHALL AVAST’S OR ITS
DISTRIBUTORS’ OR AGENTS’ LIABILITY FOR ANY DAMAGE EXCEED THE AMOUNT OF THE LICENSE
FEE YOU PAID FOR THE SOFTWARE FOR THE APPLICABLE SERVICE PERIOD.
THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY OF AVAST AND ITS DISTRIBUTORS
DO NOT LIMIT POTENTIAL LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OVER THE EXTENT
PERMITTED BY APPLICABLE LAWS.
8. Privacy; Processing of Personal Information
The Software automatically and from time to time may collect certain information, which may include personally
identifiable information, from the computer on which it is installed, including:
8.1 URLs of visited websites that the Software identifies as potentially infected, together with the information on
the nature of identified threats (e.g. viruses, Trojans, tracking cookies and any other forms of malware) and
URLs of several sites visited before the infection was identified to ascertain the source of the infection;
8.2 Information and files (including executable files) on your computer identified by the Software as potentially
infected, together with the information about the nature of identified threats;
8.3 Information about the sender and subject of emails identified by the Software as potentially infected, together
with the information on the nature of identified threats;
8.4 Information contained in emails reported by you as spam or as incorrectly identified as spam by the Software;
8.5 Copies of the files identified by the Software as potentially infected or parts thereof may be automatically sent
to AVAST for further examination and analysis;
8.6 Certain information about your computer hardware, software and/or network connection;
8.7 Certain information about the installation and operation of the Software and encountered errors or problems;
8.8 Statistical information about threats detected by the Software; and
8.9 If your version of the Software includes the Website reputation function, which provides information on
reputation of web sites as potential sources of malware, and you set the Website reputation function to active,
the Software may send AVAST the URLs of all websites you want to visit and the results of your web
searches through search engines.
The information collected by the Software is generally not correlated with any other personal information related to
you that AVAST may be processing such as information given by you to AVAST or its distributors or agents during
the process of ordering and downloading the Software. Unless you have permitted otherwise, the information collected
by the Software is used anonymously in aggregation with similar information from other users of the Software for
analytical purposes to identify new viruses and threats and for improvement and development of the Software and for
statistical purposes.
By using the Software you acknowledge and agree that AVAST or its distributors or agents may collect and use the
information as described above. You are giving this consent on behalf of all users of all computers where the Software
will be used under this license and you accept full responsibility for informing all users and acquiring their fully
informed, free and valid consent with processing of their personal information by the Software as described above.
The collected information may be transferred to third parties or to other countries that may have less protective data
protection laws than the country or region in which you are situated (including the European Union). AVAST takes
measures to ensure that any collected information will receive an adequate level of protection if and when transferred.
Notwithstanding anything to the contrary in this Agreement or any Documentation or other materials provided to you
in connection with the Software, AVAST reserves all rights to cooperate with any legal process or government inquiry(including, but not limited to, court orders and law enforcement requests) related to your use of the Software. In
connection with such cooperation, AVAST may provide documents and information relevant to a court subpoena or
government or other legal investigation, which may include disclosure of your personally identifiable information.
AVAST may also use statistics derived from the collected information to track and publish reports on security risk
trends.
By using the Software, you acknowledge and agree that AVAST may collect, transmit, store, disclose and analyze such
information for any of the foregoing purposes listed in this Section.
Notwithstanding anything to the contrary in the AVAST privacy policy, you consent during the term of this Agreement
and for one (1) year thereafter to (i) AVAST sharing information collected by you during your purchase, installation or
registration of the Software with AVAST’s distributors and other business partners and (ii) use of such information by
AVAST, its distributors and other business partners to present you with information that may be relevant to you,
including offers of software, services or other products.
9. U.S. Government Restricted Rights
This Software and Documentation are deemed to be “commercial computer software” and “commercial computer
software documentation”, respectively, and subject to certain restricted rights as identified in FAR Section 52.227-19
"Commercial Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer
Software or Commercial Computer Software Documentation”, as applicable, or any successor U.S. regulations. Any
use, modification, reproduction, release, performance, display or disclosure of the Software by the U.S. Government
shall be done solely in accordance with this Agreement.
10. Export Regulations
You agree and accept that the Software and the Documentation may be subject to import and export laws of any
country, including those of the United States (specifically the Export Administration Regulations (EAR)) and the
European Union. If you transfer or export the Software, which in all cases must be done in accordance with this
Agreement, you agree to and acknowledge that you are exclusively responsible for complying with all applicable laws
and regulations, including but not limited to all United States and European Union trade sanctions and export
regulations (including any activities relating to nuclear, chemical or biological materials or weapons, missiles or
technology capable of mass destruction), regardless of the country in which you reside in or of which you are a citizen.
11. Governing Law and Jurisdiction
The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the
Software and the Documentation. The application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. The courts located within the county of Santa Clara, California shall be the
exclusive jurisdiction and venue for any dispute or legal matter arising out of or in connection with this Agreement or
your use of the Software and the Documentation. Notwithstanding this, you agree that AVAST shall still be allowed to
apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
12. General
This Agreement is the entire agreement between you and AVAST relating to the Software and Documentation. This
Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations
with respect to the Software or Documentation. Notwithstanding the foregoing, nothing in this Agreement will
diminish any rights you may have under existing consumer protection legislation or other applicable laws in your
jurisdiction that may not be waived by contract.
This Agreement will immediately terminate upon your breach of any obligation contained herein (especially your
obligations in Sections 2, 5, 10 which will cause forfeiture of any rights you may have to refund of the license fee paid
for the Software) and you shall cease use and destroy all copies of the Software and Documentation in your possession,
irrespective of any time that may be left in the Service Period of the Software. AVAST reserves the right to any other
remedies available under law in the event your breach of this Agreement adversely affects AVAST or its distributors or agents. The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination
of this Agreement. This Agreement may be modified by the Documentation. No provision hereof shall be deemed
waived unless such waiver shall be in writing and signed by AVAST. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
If you have any questions regarding this Agreement or wish to request any information from AVAST, please write to
AVAST Software, Budejovicka 1518/13A, 140 00 Praha 4, Czech Republic.
COMMENT :
Avast antivirus it can detect strong viruses, this software
is known already in some other countries. This Software automatically and from time to time may collect certain information, which may include personally. but ones you install this software you agree that there possibility that there are selected programs are not work properly, such us deleting, but so far this software is good to use to care your personal computer for your Documents.
POSTED BY: MARJUNE BAROL
September 11 ATTAck
On September 11, 2001, four passenger planes were hijacked by terrorists. Two of the planes were flown into the twin towers of the World Trade Center (WTC) in New York City, causing huge fires that led to the collapse of the towers less than two hours later. One plane crashed into the Pentagon building in Washington, D.C. The last plane crashed in a field in Pennsylvania; it is believed the hijackers had planned to also crash this plane into a building or landmark, but were foiled by the actions of the plane’s passengers. Many of these horrific events, including the second plane’s crash into the World Trade Center and the collapse of the towers, were witnessed live by millions of television viewers. It was by far the worst terrorist attack on American soil; conservative columnist George F. Will labeled it “the most lethal terrorism in human experience.”
As the dust settled in New York and Washington, Americans were left to ponder what the attacks meant for the nation. In search of a historical precedent or point of comparison, many Americans reached back to Japan’s surprise assault on Pearl Harbor on December 7, 1941, another “day of infamy” in which the United States was suddenly attacked. In both instances, a seemingly secure nation was jolted by massive assaults on its own soil. “As Pearl Harbor snapped America out of a false sense of security,” NBC news anchor and author Tom Brokaw writes, “September 11 had a similar effect on young Americans.”
The comparisons Brokaw and others made between the two dates dealt not only with the attacks themselves, but also how the American people responded to them. Many people wondered whether the resolve and unity shown by the American people in 1941 would be matched in 2001. Others wondered whether September 11 would become a defining experience for this current generation of Americans, much as Pearl Harbor had been for members of a previous generation. In attempting to answer these questions, it is instructive to note both the parallels and differences between the two events.
Comment:
Its true that in our life no matter how work hard to
make ourselves secured from any kind of tragedy ,disaster and problem
but its
a part of life and it will come to our life in a moment that we did not expect.
But the one can secured us from inside
out of
this tragedy and problem is only God.
How hard to
guess , on how terrible is this people, who are able to do this kind
of terrible things, maybe they don't have fear God.
America, US,
is a top ranked country before in terms of technology and even in security ,
but how could this high jackers able to pass those machine which can examine
things , using their high tech ex-ray , censored but
still they fail to maintain the security. In the other part how
amazed to the high-jackers , because how keen they are, for they
able to pass the intelligent of the machine . And
make their mission complete.
Security must
rely first in ourselves and don't depend on the machine around us,
though they have the
artificial intelligence and artificial censored but still this
is all artificial. So we human being have the responsibility to maintain the
security in our area for we are not made artificially but natural.
http://www.enotes.com/911-attacks-article
http://www.enotes.com/911-attacks-article
Posted by : Jeffrey Sabado Mocoy
LICENSE AGREEMENT ON USE OF AN AVG ANTI-VIRUS FREE EDITION 8
IMPORTANT: READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN AVG TECHNOLOGIES CZ, s.r.o.. (“AVG TECHNOLOGIES”) AND YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE INDIVIDUAL ON WHOSE COMPUTER THE SOFTWARE IS INSTALLED).
IF YOU CLICK THE “ACCEPT” OPTION OR INSTALL THE SOFTWARE PRODUCT ACCOMPANYING THIS AGREEMENT (THE “SOFTWARE”) YOU WILL BE BOUND BY THIS AGREEMENT. You are not required to accept these terms but, unless and until you do, the Software will not install and you will not be authorized to use the Software. If you do not wish to agree to these terms, please click “DO NOT ACCEPT.”
ANY COMMERCIAL USE OF THE SOFTWARE, AND ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE, OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS AGREEMENT, CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
NOTICE: THE SOFTWARE MAY CONTAIN A “TIME OUT’ FEATURE THAT WILL RENDER THE SOFTWARE INOPERATIVE AT THE END OF THE TERM (AS DEFINED BELOW).
END USER SOFTWARE LICENSE AGREEMENT
1. LICENSE GRANT; RELATED PROVISIONS
A. GRANT OF A SINGLE USER LICENSE
AVG Technologies, subject to the terms and conditions of this Agreement, hereby grants to you a non-exclusive and non-transferable license during the Term to use the Software
(i) solely in executable or object code form, on a single computer, and
(ii) solely for your personal use and not for purchase, sale or delivery of any product or service to a third party or other commercial or business purpose, if not explicitly stated in the terms of using the Software otherwise.
(i) solely in executable or object code form, on a single computer, and
(ii) solely for your personal use and not for purchase, sale or delivery of any product or service to a third party or other commercial or business purpose, if not explicitly stated in the terms of using the Software otherwise.
B. LIMITATIONS
You shall not, and shall not permit any third party to,
(i) duplicate the Software for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement;
(ii) except for temporary transfer in the event of computer malfunction, install the Software on a second computer;
(iii) except as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software (including without limitation any related malware signatures and malware detection routines);
(iv) except as expressly authorized by law, change, modify or otherwise alter the Software (including without limitation any related malware signatures and malware detection routines);
(v) transfer, pledge, rent, share or sublicense the Software other than in connection with the sale or other transfer of the computer on which it is initially installed;
(vi) grant any third party access to or use of the Software on a service bureau, timesharing, subscription service, rental or application service provider basis or otherwise; or
(vii) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of the Software.
(i) duplicate the Software for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement;
(ii) except for temporary transfer in the event of computer malfunction, install the Software on a second computer;
(iii) except as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software (including without limitation any related malware signatures and malware detection routines);
(iv) except as expressly authorized by law, change, modify or otherwise alter the Software (including without limitation any related malware signatures and malware detection routines);
(v) transfer, pledge, rent, share or sublicense the Software other than in connection with the sale or other transfer of the computer on which it is initially installed;
(vi) grant any third party access to or use of the Software on a service bureau, timesharing, subscription service, rental or application service provider basis or otherwise; or
(vii) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of the Software.
C. UPDATES
AVG Technologies, from time to time during the Term, will provide updates to the Software and/or the malware signatures included therein (each, an “Update”). Updates will be deemed Software for all purposes under this Agreement. You acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.
2. TERM; TERMINATION
The term of this Agreement (the “Term”) will commence on the date you download the Software, and will continue until terminated by either party in accordance. You may terminate this Agreement at any time by deinstalling the Software and destroying all copies of the Software in your possession or control. AVG Technologies may terminate this Agreement at any time for any reason or no reason. AVG Technologies will make commercially reasonable efforts to provide notice of termination through a dialog box displayed by the Software when the Software attempts to download an Update, but no such notice will be required in order for AVG Technologies’ termination to be effective.
3. OWNERSHIP
AVG Technologies reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software (including, but not limited to, malware signatures and other data files, images appearing in the Software and screen displays as well as any and all documentation relating to the Software) are owned by AVG Technologies or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software.
4. NO WARRANTIES
AVG TECHNOLOGIES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. AVG TECHNOLOGIES DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SOFTWARE WILL PROVIDE 100% PROTECTION. YOUR RELIANCE ON THE AVAILABILITY OR ACCURACY OF THE SOFTWARE SHALL BE ENTIRELY AT YOUR OWN RISK.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVG TECHNOLOGIES OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE PROVIDED HEREUNDER, EVEN IF AVG TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVG TECHNOLOGIES’ LIABILITY RELATED TO THE SOFTWARE EXCEED FIVE DOLLARS (US$5.00). THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. MISCELLANEOUS
A. NOTICE
AVG Technologies may deliver any notice required by this Agreement via pop-up window, dialog box or other device, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date AVG Technologies first makes it available through the Software, irrespective of when you actually receive it.
B. PRIVACY
(i)You acknowledge that AVG Technologies collects certain information regarding the users of the Software, including certain personally identifiable information. You hereby consent to AVG Technologies’ collection and use of such information, and agree that AVG Technologies’ collection and use of such information will be governed by AVG Technologies’ Privacy Policy, currently published at www.avg.com, as AVG Technologies may revise the same from time to time.
(ii)BY PROCEEDING TO INSTALL THE TOOLBAR, YOU ACKNOWLEDGE AND ACCEPT THAT, UPON ITS INSTALLATION, THE TOOLBAR WILL MODIFY VIA THE SETTINGS OF YOUR BROWSER THE “DNS ERROR PAGE” AND “ERROR 404 PAGE”. FURTHERMORE, ONCE INSTALLED, THE TOOLBAR MAY COMMUNICATE CERTAIN BASIC USAGE INFORMATION TO VISICOM MEDIA INC. VIA (“APPLICATIONSTAT.COM”) TO HELP VISICOM COMPILE GLOBAL STATISTICS CONCERNING USAGE OF THE TOOLBAR BY USERS (for example concerning the number of installations and unique users, the number of clicks which the Toolbar receives, the number of searches performed by users, etc.). Such statistical information will not include any personally identifiable information regarding users.
C. U.S. GOVERNMENT LICENSE
Any Software provided to the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein. AVG Technologies reserves all unpublished rights under the United States copyright laws.
D. COMPLETE AGREEMENT
This Agreement constitutes the complete Agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.
E. AMENDMENTS; WAIVER
This Agreement may not be modified or changed in whole or in part in any manner other than by an Agreement in writing duly signed by both parties hereto. AVG Technologies’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
F. SEVERABILITY
The parties desire and intend that all of the provisions of this Agreement be enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application thereof to any person or circumstances is, to any extent, construed to be illegal, invalid or unenforceable, in whole or in part, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law. In any case, the remaining terms of this Agreement or the application thereof to any person or circumstance, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.
G. GOVERNING LAW
This Agreement will be governed by the laws of the State of Delaware. The exclusive jurisdiction for any dispute will be state or federal courts sitting in the State of Delaware.
H. EXPORT CONTROLS
You acknowledge that portions of the Software are of U.S. origin. You agree to comply with all applicable U.S. and international laws governing export and reexport of the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
I. LANGUAGE
This Agreement was originally prepared in the English language. Although AVG Technologies may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
Comment :
A I know before that terms and agreement of any kind of business or establishment , that if you fail to follow this certain terms and agreement especially when you agree,you will be subjected to any kind of penalty or punishment.
But in this term and agreement of AVG Anti-Virus, as I notice its not a kind of strict to head in implementing their trems with the users. In the first part of this terms and agreement ,they gave a choice to the user if either the user will pursue to the terms or not, but installing the program itself is a sign already of agreeing with the terms and agreement.
Now as I realize, if I forget to know the fact about this things especially the things where the company forbid to do, like illegal distribution of program, re-installing to the other computer and even sale it, and if ever the company will caught me to act of doing this I'm so blind of what consequences waiting for me.So its very important to know everything first ,about the things that you were using to avoid problem in the future.In this article they full stated all the information that the user need to know about the product, the company and the people may involve.
They also stated here those benefits that the user may get from using this kind anti-virus.And if ever they want to stop using this anti virus prior to the date of expiration ,and they give also a guide on what to do.
But I notice in the tewrms and agreement here there no heavy penalty if ever the user will fail to follow this.
More http://free.avg.com/us-en/avg-anti-virus-8-licence-agreement-eula#ixzz1gZ0W2UNj
Posted by : Jeffrey Sabado Mocoy
Martes, Disyembre 13, 2011
MACROMEDIA SOFTWARE LICENSED AGREEMENT AND TERMS OF AGREEMENT
MACROMEDIA® SOFTWARE END USER LICENSE AGREEMENT
ATTENTION: YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU CAN AGREE TO THE EULA AND CONTINUE WITH THE SOFTWARE INSTALLATION. IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND MACROMEDIA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY MACROMEDIA HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. Definitions
(a) "Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only.
(b) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.
(c) "Macromedia" means Macromedia, Inc. and its licensors, if any.
(d) "Software" means only the Macromedia software program(s) and third party software programs, in each case, supplied by Macromedia herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
(e) "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.
2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
(a) Subject to Section 2(b), you may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers.
(b) Portable or Home Computer Use for Software Requiring Mandatory Product Activation. For Software requiring Mandatory Production Activation, in addition to the single copy of the Software permitted in Section 2(a), the primary user of the computer on which the Software is installed may make a second copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that: (A) the second copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), (B) the second copy of the Software is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed, and (C) the Software was not licensed under a volume discount.
(c) In the event the Software is distributed along with other Macromedia software products as part of a suite of products (collectively, the "Studio"), the license of the Studio is licensed as a single product and none of the products in the Studio, including the Software, may be separated for installation or use on more than one computer.
(d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.
(e) You agree that Macromedia may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Macromedia for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
(f) Unless otherwise set forth in the documentation relating to such code and/or the Software or in a separate agreement between you and Macromedia, you may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, "Sample Application Code") in the accompanying documentation solely for the purposes of designing, developing and testing websites and website applications developed using Macromedia software programs; provided, however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (1) you distribute the compiled object Sample Application Code with your application; (2) you do not include the Sample Application Code in any product or application designed for website development; and (3) you do not use Macromedia's name, logos or other Macromedia trademarks to market your application. You agree to indemnify, hold harmless nd defend Macromedia from and against any loss, damage, claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application.
(g) You may not use the Macromedia® Breeze(TM) plug-in for Microsoft® PowerPoint® software to create media content for conversion by any means other than with the use of other Macromedia Breeze products without the express written consent of Macromedia.
(h) Your license rights under this EULA are non-exclusive.
(i) Mandatory Product Activation. The license rights granted under this Agreement may be limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You may need to activate the Software through the use of the Internet or telephone; toll charges may apply. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Macromedia may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Product activation is based on the exchange of information between your computer and Macromedia. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(d) Other than with respect to a Trial Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. If the copy of the Software is licensed as part of the whole Studio (as defined above), the Software shall be transferred only with and as part of the sale or transfer of the whole Studio, and not separately. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software.
(e) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
(f) Education Versions may not be used for, or distributed to any party for, any commercial purpose.
(g) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without Macromedia’s prior written consent, or (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.
(h) You may only use the Not for Resale Version of the Software to review and evaluate the Software.
(i) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(j) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.
(k) You may receive the Software in more than one platform but you shall only install or use one platform.
(l) You shall not use the Software to develop any application having the same primary function as the Software.
(m) In the event that you fail to comply with this EULA, Macromedia may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
(n) Notwithstanding anything herein to the contrary, you may not (A) install FlashPaper Printer on a server for multiple user access or use, or (B) modify or replace the FlashPaper Printer viewer user interface that displays FlashPaper documents.
(o) Your rights to use any Macromedia Flash player, projector, standalone player, plug-in, or ActiveX control, provided to you as part of or with the Software, shall be solely as set forth in the following link, . Unless and except as provided therein, you shall have no rights to use or distribute such software.
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.
5. Prior Same Version License
If this copy of the Software is licensed as part of the Studio (as defined above), and you have a prior license to the same version of the Software, and the Studio was licensed to you with a discount based, in whole or in part, on your prior license to the same version, the Software is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license and that you will not continue to install or use such prior license of the Software or transfer it to another person or entity.
6. Ownership
The foregoing license gives you limited license to use the Software. Macromedia and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Macromedia and its suppliers.
7. LIMITED WARRANTY AND DISCLAIMER
(a) Except with respect to any Sample Application Code, Trial Version and Not For Resale Version of the Software, Macromedia warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) MACROMEDIA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
8. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Macromedia no more than ninety (90) days following delivery to you, Macromedia will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Macromedia shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
9. LIMITATION OF LIABILITY
(a) NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
10. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Macromedia and you. Macromedia would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Macromedia’s licensors.
11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
12. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
13. Third Party Software
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.macromedia.com/go/thirdparty/ and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
14. General
This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in San Francisco County, California or the federal courts in the Northern District of California to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Macromedia to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Macromedia dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: General Counsel.
Macromedia and other trademarks contained in the Software are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Macromedia’s or its licensors’ names or any of their respective trademarks.
===========================================
OPERA BROWSER SOFTWARE END USER LICENSE AGREEMENT
IN THE EVENT OPERA BROWSER SOFTWARE IS PROVIDED IN OR ALONG WITH THE SOFTWARE DESCRIBED ABOVE, WITH RESPECT TO THE USE OF SUCH OPERA BROWSER SOFTWARE ONLY, THE FOLLOWING END USER LICENSE AGREEMENT SHALL GOVERN:
Opera Browser Information: LICENSE.TXT
===========================================
Copyright (C) Opera Software 1995-2003
IMPORTANT NOTE
The Software, as defined below, is protected by copyright, which are vested in Opera Software ASA/its suppliers.
Registration codes, as defined below, are protected by copyright, which is vested in Opera Software ASA.
The Software and Registration Codes may only be used in accordance with the terms and conditions set out in this document.
If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or Registration Codes in any way whatsoever and must destroy or return all copies of these items which are in your possession.
To make personalized advertising possible, users of the ad-sponsored software may provide ad-related profile information on strictly a voluntary basis. The Opera Software ASA privacy policy, found at governs the use of such profile information.
END USER LICENSE AGREEMENT
DEFINITIONS
The following definitions apply to the terms and conditions included in this Agreement.
Opera
means a Browser, developed by Opera Software ASA, for reading and writing files to and from a network and/or file system.
Software
means Opera, all program and information files and other documentation which are part of the Opera Software package, with the exception of the Registration Codes.
Registration Code
registers a paid version of the software. This disables the advertising banner in the Browser’s top right hand corner, and removes advertising content which has been cached.
Individual
means a particular person.
POINT OF VIEW
MACROMEDIA® SOFTWARE END USER LICENSE AGREEMENT
This software end user license agreement is a legal agreement between me and individual, then if purchased or otherwise acquired by or for an entity and macromedia. This software supplied by macromedia herewith regardless of whether other software is referred to or described in.
THE SOFTWARE SUPPLIED BY MACROMEDIA HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
1. Definitions
2. License Grants
3. License Restrictions
4. Upgrades
5. Prior Same Version License
6. Ownership
7. LIMITED WARRANTY AND DISCLAIMER
8. Exclusive Remedy
9. LIMITATION OF LIABILITY
10. Basis of Bargain
11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
12. (Outside of the USA) Consumer End Users Only
13. Third Party Software
14. General
OPERA BROWSER SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT NOTE
The Software, as defined below, is protected by copyright, which are vested in Opera Software ASA/its suppliers. Registration codes, as defined below, are protected by copyright, which is vested in Opera Software ASA.The Software and Registration Codes may only be used in accordance with the terms and conditions set out in this document. If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or Registration Codes in any way whatsoever and must destroy or return all copies of these items which are in your possession.
END USER LICENSE AGREEMENT
The following definitions apply to the terms and conditions included in this Agreement.
Means a Browser, developed by Opera Software ASA, for reading and writing files to and from a network and/or file system. Means Opera, all program and information files and other documentation which are part of the Opera Software package, with the exception of the Registration Codes.
registers a paid version of the software. This disables the advertising banner in the Browser’s top right hand corner, and removes advertising content which has been cached.
Means a particular person.
TERMS OF AGREEMENT
This is a legal agreement between you, the users, and Opera Software ASA. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.
You are entitled to use your copy of the Software on one computer. "Use" means loaded in temporary memory or permanent storage on the computer. Installation on a network server for distribution to other computers is not allowed, unless you have a separate license for each computer to which the Software is distributed. You are obligated to have a reasonable process to assure that the number of persons using the Software concurrently does not exceed the number of licenses.
The Software is protected by Norwegian and United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original disk solely for backup or archival purposes. You may not rent or lease the Software or copy any written materials accompanying the Software. You may transfer the Software and all accompanying materials to another individual on a permanent basis, if you retain no copies and the recipient agrees to the terms of this Agreement. Any transfer must include the most recent update and all prior versions.
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Opera Software ASA/its suppliers.
You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.
Registration Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a Registration Code for any other purpose without written agreement from Opera Software ASA.
The copyright of all Registration Codes remains vested in Opera Software ASA which reserves the right to withhold or withdraw authorization of use of all Registration Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is involved in a breach of the terms of this document.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. OPERA SOFTWARE ASA OR ITS SUPPLIERS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.
OPERA SOFTWARE ASA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .
IN NO EVENT SHALL OPERA SOFTWARE ASA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPERA SOFTWARE ASA ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL PRESENTED BY THE ADVERTISER, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS, OR "CRACKERS").
REGARDLESS OF THE FORM OF ACTION, OPERA SOFTWARE ASA AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.
Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Privacy statement: Opera Software ASA strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users personal information, within the confines of the Opera domain. The Opera Software ASA privacy statement found at , is incorporated in this Agreement by reference.
Any variation to the terms of this Agreement shall only be valid if made in writing by Opera Software ASA.
Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Oslo City Court as legal venue under this Agreement.This Agreement shall be governed by Norwegian law, and the stipulations set forth herein to be construed in accordance with same.
--- --- --- --- ---
Postal enquiries:
Opera Software ASA
Postboks 2648 St. Hanshaugen
NO-0131 OSLO
NORWAY
Office Hours: 9:00am - 4:00pm (+1 GMT) Monday - Friday
Phone: +47 24 16 40 00
Fax: +47 24 16 40 01
Please visit our Web site before you send us e-mail. We provide many services to our users that will help us
respond to you faster than if we receive e-mail.
Web site:
Contact us:
Macromedia® Software End User License Agreement (07/25/03)
POINT OF VIEW
TERMS OF AGREEMENT
This is a legal agreement between you, the users, and Opera Software ASA. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software. The copyright of all Registration Codes remains vested in Opera Software ASA which reserves the right to withhold or withdraw authorization of use of all Registration Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is involved in a breach of the terms of this document. All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Opera Software ASA/its suppliers. Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Oslo City Court as legal venue under this Agreement. This Agreement shall be governed by Norwegian law, and the stipulations set forth herein to be construed in accordance with same. The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.
by: Regine Lantayona
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