Avira License Agreement
End-user License agreement (EULA)
This Software has been copyrighted for
Avira GmbH
Tjark Auerbach
Chief Executive Officer
Lindauer Str. 21
88069 Tettnang, Germany
www.avira.com
hereinafter referred to as the “Licensor“.
The unauthorized reproduction or unauthorized sale of
this Software or parts thereof may result in prosecution. Such conduct can lead
to criminal or civil action and severe penalties and/or claims for damages. The
Licensor hereby authorizes you (hereinafter referred to as the “Licensee”) to
use this Software within the context of the following licensing conditions:
§1 Subject of the Grant of License
1) The subject of the contract is the existing computer
program; in this case the activated full version including the license file
necessary for activation, (the “Software”), as well as the program description,
operating instructions and other pertinent materials (the “Documentation”).
2) The transfer of the main program to the Licensee shall
take place (after the order has been placed) either by sending of sealed data
media or by means of download by the Licensee from the website of the Licensor.
Before a license file has been purchased, the main program can be used solely
as a restricted test version. In order to use all functions, the Licensee must purchase
a license file from the Licensor or from an authorized reseller. The transfer
of the license file to the Licensee shall take place by means of the sending of
sealed data media by post, at the request of the Licensee (in other cases also
at the option of the Licensor), by email. Where the Licensee downloads the main
program or the license file, the transfer shall be deemed to have taken place
when downloading is complete. The Licensee receives the documentation with the
main program; 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 over the internet, it 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 an
error-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 sole, 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 “License”). The scope of the License can be seen in the
LIC-INFO.TXT file, which the Licensee receives together with the license 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 data medium 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 data medium or
the downloaded installation archive may be created and/or stored. This copy
must be marked as a backup.
3) Should a rotational backup of a system’s entire data
set, including the software programs, be essential for a fast reactivation of
the system following a complete outage, the Licensee may create backup copies
in the quantities absolutely required. The relevant data media shall be marked
accordingly. These backup copies may be used for archive purposes in connection
with data backup only.
4) The 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 authorized,
a. with the exception of any reproduction expressly
authorized in this agreement, to create other copies of the Software or the
Documentation, either wholly or in part, on the same or on other carrier media;
this also includes the output of the program 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, reverse compile, 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
to the extent that, 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 program, unless the Licensor has
provided prior written authorization;
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 authorized in
writing by the Licensor – such authorization may only be withheld if there is a
compelling reason for doing so. In this case, adherence to the scope of use as
per §2 and §3, any other agreements made in this contract and any possible
supplemental 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 data media on which the Software and the Documentation are
recorded. The exploitation rights or rights of use for the Software and the
Documentation may only be purchased to the extent that this is expressly
provided for in the existing agreement. The Licensor retains in particular all
publication rights, reproduction rights, editing rights, translation rights and
other usage 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 by the Licensee.
3) After termination, the Licensee is obliged by contract
to fully delete all Software, in particular the original data medium, any
backup copies and any relevant Software files installed on its computer. The
Licensee shall also return all relevant 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 reseller.
2) If the Licensor is also the supplier -in the case of
direct purchase of the Software from the Licensor – the Licensor warrants the
possibility of use in conformity with the documentation, unless otherwise
agreed. 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 non-conformity with the
Documentation, where such non-conformity considerably affects the contractual
use, the Licensor, at its option, shall be obliged to supply a replacement or
remedy the defect. If the Licensor cannot correct such deviations (within an
appropriate time limit) through the delivery of replacements or by remedying
the defect, or if the Licensor cannot bypass such deviations in such a way that
the Licensee is able to use the Software in accordance with the contract, or if
the delivery of replacements or work undertaken to remedy a defect are deemed
to have failed due to any other cause, the Licensee, at its option, can demand
a reduction in the purchase price or cancel the license for the program 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 endeavor to
be extremely precise in the description, localization, determination and
reporting of such errors. To this end, it shall use competent employees. Where
applicable, checklists supplied by the reseller or Licensor shall be used.
§7 Liability and Third Party Proprietary Rights
1)The liability of the Licensor for damages shall be
limited to five times the amount of the purchase price paid for the Software or
license file. The determining amount in this case is the net amount paid
(without VAT) at the time of purchase.
2) The Licensor shall not be liable for any lack of
economic success, for indirect loss, 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 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 can be reproduced with a justifiable amount of effort
according to the standards of proper data processing for databases in
machine-readable form, and if the Licensee has in particular regularly created
backup copies in a way that is reasonable in view of the level of risk.
5) The limitations of liability in § 1-4 do not apply to
damages caused by intent or gross negligence on the part of the Licensor, its
legal representatives, managerial staff or vicarious agents, or damages arising
from injury to life, body or health.
6) If the Licensee is in violation of any of the terms of
use contained herein, 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
(Produkthaftungsgesetz) 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, bring a claim against the Licensee for infringement
of intellectual property rights or infringement of copyright in the Federal
Republic of Germany, the Licensor shall defend the Licensee against all such
claims. The Licensor shall indemnify the Licensee for the legal costs and
damages imposed on the Licensee by the court, provided that the Licensee has
immediately informed the Licensor of the assertion of such claims and provided
that all legal defense measures and settlement negotiations are reserved for
the Licensor.
9) If claims in accordance with section 8 above 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 its option, has
the right to change or exchange all or part of the Software and/or
Documentation at its own expense, to an extent that is deemed reasonable for
the Licensee.
10) If a situation arises involving sections 8 and 9
above and it is not possible to amend the Software or procure for the Licensee
a right of use with reasonable effort, each contractual partner can cancel the
License for the Software in question without notice.
§8 Updates
1) With the purchase of the License 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 conditions contained herein shall apply.
3) The duration and extent of the Licensee’s download
subscription rights are governed by the terms of the purchased License.
4) A renewal 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 its website.
§9 Remuneration of the Licensor
1) If conclusion andimplementation of the existing
contract take place without the involvement of a reseller, i.e. directly with the Licensor,
a) upon purchase of the license file which is necessary
for activation of the Software, the Licensor shall receive from the Licensee a
one-off fee as remuneration, which may include an update subscription for the
first period of use. The amount of the license 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 license fee in accordance with a) shall be paid
upon transfer of the license file (as per § 1.2) to the Licensee. The Licensee
shall receive an invoice for the payable amount together with the license file.
2) If the Software is purchased through a reseller, the
license 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 amendments, and/or supplements to this contract,
including this clause, must be made in writing. Oral variations of 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 is held to be invalid
or proves to be not feasible without impeding the attainment of the object of
this contract, the validity of any remaining provisions shall remain
unaffected. Both parties shall replace the provision which is invalid or not
feasible by a legally valid provision which most closely reflects the
commercial intention of the invalid provision.
3) The laws of the Federal Republic of Germany apply to
this contract. Place of jurisdiction for merchants (whoare 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 its VAT
number.
Avira GmbH
Lindauer Str. 21
D-88069 Tettnang
Germany
Telephone: +49 (0) 7542-500 0
Fax: +49 (0) 7542-525 10
Internet: http://www.avira.com
Revised: 1 July 2006
COMMENTS:
It detected and deleted
the viruses of an infected computer. It was the only antivirus able to do that
among the cheaper ones I tried. Not sure if upgrading gives you more AV
protection. But, the firewall in the paid version blocks programs and asks
whether to allow or no, somewhat intrusive firewall. Avira Anti virus only
detect and delete some viruses just like worm virus and ect. but Trojan viruses
or other strong virus, Avira cannot delete or remove on
it.That’s why we need to use other antivirus in able to delete that viruses. In
every antivirus there is a specific virus that they can only delete, but the
user have different like of antivirus, we’re they are convenient to use on
it. It is a big solution to our Computer to have an anti Virus in able to
protect the system from any viruses, so that our Computer will remain in good
access to the User.
POSTED BY : MAR M. SORIANO
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