F-Secure License Terms
IMPORTANT – BEFORE INSTALLING OR USING THE SOFTWARE, CAREFULLY READ THE FOLLOWING LEGAL TERMS (”TERMS”) FOR THE LICENSE OF F-SECURE SOFTWARE. BY SELECTING THE ACCEPTING OPTION BELOW, OR BY INSTALLING, COPYING OR USING THE ACCOMPANYING SOFTWARE YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS, SELECT THE REJECTING OPTION AND DO NOT INSTALL, USE OR COPY THE SOFTWARE.
These Terms cover any and all F-Secure programs licensed by you, including related documentation and any update and upgrade of the programs delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items (together the ”Software”).
COMMERCIAL LICENSE
Subject to the payment of the applicable license fees and subject to the
following terms and conditions, you have been granted a non-exclusive,
non-transferable right to use the specified Software. F-Secure reserves any and
all rights not expressly granted to you.
You
may:
A) Install and use the Software only on as many units
(typically handheld devices, personal computers, servers or other hardware) as
stated in the F-Secure License Certificate, applicable invoice, product
packaging or agreement where these Terms have been appended. In case the
Software or its services are shared through a network or the Software is used to
protect traffic from viruses or other malicious code at web and e-mail servers,
firewalls or gateways, you must have a license for either scanning capacity or
for the total number of users whom the Software provides services to. In such
cases you may install the Software on as many units as needed.
B) Create
copies of the Software for installation and backup purposes
only.
C) Extend the number of licenses by purchasing additional
licenses.
You may not:
A) Install and use the
Software against these Terms, the F-Secure License Certificate or other related
documentation.
B) Distribute copies of the Software to a third party,
electronically transfer the Software to a computer belonging to a third party,
or permit a third party to copy the Software.
C) Modify, adapt,
translate, rent, lease, resell, distribute or create derivative works based upon
the Software and/or related files (including but not limited to virus definition
databases, security news and descriptions) or any part
thereof.
D) Decompile, reverse engineer, disassemble, or otherwise
reduce the Software and/or related files (including but not limited to virus
definition databases, security news and descriptions) to any human-perceivable
form as the Software contains or may contain trade secrets of
F-Secure.
E) Use the documentation for any purpose other than to support
your use of the Software. Please contact F-Secure directly if you are interested
in any other rights to the Software other than those granted in these
Terms.
F) Disclose the license authorization code provided for the
program installation (included but not limited to key code, subscription number
and registration key) to any third party.
G) Use the Software or any
portion thereof to implement any product or service to operate on or in
connection with the Software for any other purpose than granted
herein.
H) Use the Software to publish, distribute and/or obtain
software or content (i) not specifically related to F-Secure products and/or
services and (ii) not security-related (or any updates to any such software or
content).
EVALUATION LICENSE
An Evaluation License is applicable when you download or install an evaluation version of the Software or you are granted a time limited, non-exclusive and non-transferable license by F-Secure or its resellers for evaluation purposes. The Software is licensed to you for the sole purpose of evaluating the Software and only for a specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to you. After the specified time period, you must either purchase the Software license from F-Secure or its reseller, or destroy and stop using the Software. If you purchase the Software before the expiration of the evaluation time and register the Software, you have a valid license and you do not need to destroy the Software. F-Secure shall have no obligation to provide support or maintenance services for Evaluation Licenses. For the avoidance of doubt, the Evaluation License is also subject to restrictions set out above as items A-H. F-Secure reserves any and all rights not expressly granted to you.
NON-COMMERCIAL LICENSE
A Non-Commercial License is applicable when you download or install a free version of a detection and/or removal tool made available to you by F-Secure or its reseller. Such Software is licensed to you only for a limited period as a non-exclusive, non-transferable license and is intended only as a supplementary tool (not for ongoing content security purposes). F-Secure reserves the right to discontinue the ability to use this type of Software at any time and is under no obligation to provide support or maintenance services for Non-Commercial Licenses. For the avoidance of doubt, the Non-Commercial License is also subject to restrictions set out above as items A-H. F-Secure reserves any and all rights not expressly granted to you.
TITLE
Title, ownership rights, and intellectual property rights in the Software shall remain those of F-Secure, and/or its suppliers. The Software is protected by copyright laws and international copyright and other intellectual property treaties.
LIMITED WARRANTY AND DISCLAIMERS
Limited Warranty on Media. F-Secure warrants the physical
media produced by F-Secure on which the Software is recorded to be free from
defect in material and workmanship under normal use for 30 days from the date of
delivery. F-Secure does not give any warranties on media in case the Software is
delivered bundled in a third party device. Any implied warranties on the media,
including implied warranties of merchantability and fitness for a particular
purpose, are limited in duration to 30 days from the date of delivery. F-Secure
will, at its option, replace the media or refund the purchase price of the
media. F-Secure shall have no responsibility to replace or refund the purchase
price of media, which is damaged by accident, abuse, or
misapplication.
Disclaimer of Warranty on Software. THE
SOFTWARE IS PROVIDED ”AS IS”, WITHOUT WARRANTY OF ANY KIND. F SECURE, ITS
LICENSEES AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. F-Secure, its licensees and
distributors do not guarantee the Software or related documentation in terms of
their correctness, accuracy, reliability, or otherwise. You assume the entire
risk as to the results and performance of the Software and related
documentation.
Complete Statement of Warranty. The
limited warranties provided in the preceding paragraphs are the only warranties
of any kind that are made by F-Secure on the Software. No oral or written
information or advice given by F-Secure, its dealers, distributors, agents, or
employees shall create a warranty or in any way increase the scope of the
foregoing limited warranty, and you may not rely on any such information or
advice. Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you, and you may have other rights, which may
vary from state to state.
Limitation of Liability. IN NO
EVENT SHALL F SECURE, ITS LICENSEES, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA
OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF F SECURE HAS BEEN ADVISED OF
THE 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. F-SECURE, ITS LICENSEES,
DISTRIBUTORS AND SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING
FROM PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE. OUR MAXIMUM LIABILITY TO
YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE
AMOUNT PAID BY YOU FOR THE SOFTWARE. Nothing contained in these License Terms
shall prejudice the statutory rights of any party dealing as a consumer.
F-Secure is acting on behalf of its employees, licensees, distributors and
licensors or subsidiaries for the purpose of disclaiming, excluding, and/or
restricting obligations, warranties, and liability as provided in this clause,
but in no other respects and for no other purpose.
EXPORT RESTRICTIONS (EXCLUSIVELY FOR CRYPTOGRAPHIC SOFTWARE)
1. If the Software is shipped or otherwise distributed to you from the
United States of America: You acknowledge that the Software and the maintenance
and support services including without limitation technical services and
technical data (e.g., manuals, blueprints, plans, diagrams, models, formulae,
tables, engineering designs and specifications and instructions written or
recorded) and any other such technical services and technical data (”the
Services”) are of U.S. origin for purposes of U.S. export control laws,
regulations, administrative acts or Executive Orders, and any amendments
thereof, including without limitation the Export Administration Act of 1979, as
amended (the "Act"), and the regulations promulgated thereunder (the "U.S.
Export Control Laws"). You agree to comply with all applicable U.S. Export
Control Laws and any applicable international laws and regulations that apply to
the Software and to the Services, including without limitation the Act as well
as end-user, end-use and destination restrictions issued by the U.S. and other
governments.
2. If the Software is shipped or otherwise distributed
to you from a country other than the United States of America: You agree to
comply with the local regulations regarding exporting and/or using cryptographic
software.
In all cases, F-Secure will not be liable for the illegal
export and/or use of its cryptographic software by you.
U.S. GOVERNMENT RIGHTS
If the Software is licensed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") pursuant to solicitations issued on or after December 1, 1995, the Software is provided with the commercial rights and restrictions described elsewhere herein. If the Software is licensed for or on behalf of the U.S. Government pursuant to solicitations issued prior to December 1, 1995, the Software is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant unless expressly stated in product documentation and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). F-Secure and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
GRANT TO USE
You agree and acknowledge that the Software may send information related to the use of the Software by you and the findings of such use to F-Secure via Internet in obfuscated/encrypted form. You grant F-Secure the right to use and display statistical security information, other security related content or material in a non-personally identifiable form and license/device information submitted by the Software, or by you through the Software, to F-Secure for customer registry, security research and solution development purposes.
GENERAL
The license will terminate immediately without notice if you are in breach of
any of its terms and conditions. You shall not be entitled to a refund from
F-Secure or any of its resellers as a result of termination. The terms and
conditions concerning confidentiality and restrictions on use shall continue in
force even after any termination.
F-Secure may revise these Terms at any
time and the revised terms shall automatically apply to the corresponding
versions of the Software distributed with the revised terms. If any part of
these Terms is found void and unenforceable, it will not affect the validity of
rest of the Terms, which shall remain valid and enforceable according to its
terms. In case of controversy or inconsistency between translations of these
Terms to other languages, the English version issued by F-Secure shall
prevail.
These Terms shall be governed under the Laws of Finland without
regard to conflict of laws rules and principles and without regard to the United
Nations Convention of Contracts for the International Sales of Goods. The courts
of Finland shall have the exclusive jurisdiction and venue to adjudicate any
dispute arising out of these Terms. Notwithstanding the foregoing, in the case
of purchases made within or on behalf of licensees residing within or operating
under the laws of the United States the governing law of these Terms shall be
the laws of the State of California without regard to conflict of laws rules and
principles and without regard to the United Nations Convention of Contracts for
the International Sales of Goods. The exclusive jurisdiction and venue to
adjudicate any dispute arising out of these License Terms shall be of the
federal and state courts of California.
If you have any questions
concerning these Terms, or you would like to contact F-Secure for any other
reason, please write: F Secure Corporation, PL24, FI-00181 Helsinki, Finland,
fax: +358 9 2520 5001, e-mail: helsinki@f-secure.com or call: +358 9
2520 0700
August 2006, F-Secure Corporation
