IF YOU DO NOT AGREE TO
THESE TERMS AND CONDITIONS DO NOT INSTALL THE SOFTWARE. BY
CLICKING "I ACCEPT", "OK", "CONTINUE" OR BY INSTALLING OR
USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE
UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
This License Agreement is a legal agreement between you
(either an individual or a single entity end user) and SOFTWIN
SRL for use of the SOFTWIN software product identified above,
which includes computer software and may include associated
media, printed materials, and "online" or electronic documentation
("BitDefender"), all of which are protected by U. S. copyright
laws and international treaty protection. By installing,
copying, or otherwise using the BitDefender, you agree to
be bound by the terms of this agreement. If you do not agree
to the terms of this agreement, do not install or use the
BitDefender; you may, however, return it to your place of
purchase for a full refund within 30 days after your purchase.
Verification of your purchase may be required.
BitDefender LICENSE
BitDefender is protected by copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. The BitDefender is licensed, not sold.
GRANT OF LICENSE.SOFTWIN SRL hereby grants you
and only you the following non-exclusive license to use
BitDefender:
APPLICATION SOFTWARE.You may install and use one
copy of the BitDefender, or any prior version for the same
operating system, on a single computer terminal. The primary
user of the computer on which the BitDefender is installed
may make one additional (i.e. second) copy for his or her
exclusive use on a portable computer.
NETWORK USE.You may also store or install a copy
of the BitDefender on a storage device, such as a network
server, used only to install or run the BitDefender on your
other computers over an internal network; however, you must
purchase and dedicate a separate license for each separate
computer terminal on which the BitDefender is installed
or run from the storage device. A license for the BitDefender
may not be shared or used concurrently on different computers
or computer terminals. You should purchase a license pack
if you require multiple licenses for use on multiple computers
or computer terminals.
LICENSE PACKS.If you purchase a License Pack and
you have acquired this License Agreement for multiple licenses
of BitDefender, you may make the number of additional copies
of the computer software portion of the BitDefender specified
above as "Licensed copies." You are also entitled to make
a corresponding number of secondary copies for portable
computer use as specified above in the section entitled
"Application Software".
TERM OF LICENSE.The license granted hereunder shall
commence on the date that you install, copy or otherwise
first use BitDefender and shall continue only on the computer
on which it is initially installed.
UPGRADES.If the BitDefender is labeled as an upgrade,
you must be properly licensed to use a product identified
by SOFTWIN as being eligible for the upgrade in order to
use the BitDefender. An BitDefender labeled as an upgrade
replaces and/or supplements the product that formed the
basis for your eligibility for the upgrade. You may use
the resulting upgraded product only in accordance with the
terms of this License Agreement. If the BitDefender is an
upgrade of a component of a package of software programs
that you licensed as a single product, the BitDefender may
be used and transferred only as part of that single product
package and may not be separated for use on more than one
computer.
COPYRIGHT. All right, title and interest in and
to BitDefender and all copyright rights in and to the BitDefender
(including but not limited to any images, photographs, animations,
video, audio, music, text, and "applets" incorporated into
the BitDefender), the accompanying printed materials, and
any copies of the BitDefender are owned by SOFTWIN or its
suppliers. The BitDefender is protected by copyright laws
and international treaty provisions. Therefore, you must
treat the BitDefender like any other copyrighted material
except that you may install the BitDefender on a single
computer provided you keep the original solely for backup
or archival purposes. You may not copy the printed materials
accompanying the BitDefender. You must produce and include
all copyright notices in their original form for all copies
created irrespective of the media or form in which BitDefender
exists. You may not sub-license, rent, sell, or lease BitDefender.
You may not reverse engineer, recompile, disassemble, create
derivative works, modify, translate, or make any attempt
to discover the source code for BitDefender.
LIMITED WARRANTY. SOFTWIN SRL warrants that the
media on which BitDefender is distributed is free from defects
for a period of thirty days from the date of delivery of
BitDefender to you. Your sole remedy for a breach of this
warranty will be that SOFTWIN SRL, at its option, may replace
the defective media upon receipt of the damaged media, or
refund the money you paid for BitDefender. SOFTWIN SRL does
not warrant that BitDefender will be uninterrupted or error
free or that the errors will be corrected. SOFTWIN SRL does
not warrant that BitDefender will meet your requirements.
SOFTWIN SRL HEREBY DISCLAIMS ALL OTHER WARRANTIES FOR BitDefender,
WHETHER EXPRESSED OR IMPLIED. THE ABOVE WARRANTY IS EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE.
DISCLAIMER OF DAMAGES.Anyone using, testing, or
evaluating BitDefender bears all risk to the quality and
performance of BitDefender. In no event shall SOFTWI N SRL
be liable for any damages of any kind, including, without
limitation, direct or indirect damages arising out of the
use, performance, or delivery of BitDefender, even if SOFTWIN
SRL has been advised of the existence or possibility of
such damages. 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.
IN NO CASE SHALL SOFTWIN SRL'S LIABILITY EXCEED THE PURCHASE
PRICE PAID BY YOU FOR BitDefender. The disclaimers and limitations
set forth above will apply regardless of whether you accept
or use, evaluate, or test BitDefender.
IMPORTANT NOTICE TO USERS.THIS SOFTWARE IS NOT
FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN
ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE
OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION
OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION
SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT
SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION
WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY
OR PROPERTY DAMAGE.
GENERAL.This Agreement will be governed by the
laws of Romania. This Agreement may only be modified by
a license addendum, which accompanies this Agreement or
by a written document which has been signed, by both you
and SOFTWIN SRL. This Agreement has been written in the
English language only and is not to be translated or interpreted
in any other language. Prices, costs and fees for use of
BitDefender are subject to change without notice to you.
In the event of invalidity of any provision of this Agreement,
the invalidity shall not affect the validity of the remaining
portions of this Agreement. BitDefender and AVX are trademarks
of SOFTWIN SRL. Microsoft, Windows, Excel, Word, the Windows
logo, Windows NT, Windows 2000 are registered trademarks
of Microsoft Corporation. All other trademarks are the property
of their respective owners.
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