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Our Products are the key to our business and we take protecting our intellectual property rights (and those of
our licensors) very seriously. Please read the information below as it explains your rights with respect to the
Products including important information with respect to your ability to download and use a particular Product
on numerous Devices.
Important Definitions: To explain the full meaning of certain terms used in this section, we want to define the
following (please note, however, that the definitions below shall apply throughout these Terms and not
exclusively to this Section):
* Device: means any electronic device that is able to process data with the assistance of a programmable
calculation specification.
* License: means your right to use a respective Product subject to these Terms and the Terms and Conditions
existing as of the date you are bound by the respective Terms and Terms and Conditions. The License shall
stipulate the nature and scope of your right to use a particular Product. For Licenses that include access to an
Update and/or Upgrade Service, such License also grants you the right to receive and use Updates and/or
Upgrades during the License Term for a respective Product. To be clear, if a License does not include access to
an Update and/or Upgrade Service you may only use the version of the Product, for which you have paid, for
the respective License Term.
* License Term: with respect to some of our Products, the License Term commences as soon as you have
received access to the respective Product (for example, via a software key). With respect to some of our other
Products, the License Term commences as soon as you create an account, install, access or use such
Products. The License Term continues for the period we grant you a License for a respective Product and any
extension and/or renewal of this period of time.
Product Lifecycle: Our Products have a specific product lifecycle (Product Lifecycle) that governs the operating
system on which a particular Product will be compatible and how long we will support such a Product. A
particular Product may be incompatible with an operating system unless identified in the Product Lifecycle or
once the support period for such operating system has expired. Our Product Lifecycle is published on
www.avira.com and we encourage you to check it prior to purchasing or renewing a particular Product to
ensure compatibility with your operating system.
License Grant: The Products are protected by international copyright laws, treaties and other laws. We, and our
licensors, own and retain all right, title and interest in and to the Products, including all copyrights, patents,
trade secret rights, trademarks and other intellectual property rights. These Terms and the Terms and
Conditions do not transfer to you any title to or in the Products and you do not acquire any rights to the any of
the Products except as specified below. Conditioned on your continued compliance with these Terms and
respective Terms and Conditions, we grant you a personal, revocable, limited, non-exclusive, non-transferable
license for the Products for the duration of the License Term to activate, use and access the Products for
personal or business purposes as expressly permitted in the respective Product Information Sheet. For
Products for which no special Licenses for the simultaneous saving, storing and other simultaneous use of the
Products across numerous Devices (Multiple Use) are available according to the relevant Product Information
Sheet, the License is restricted to a single copy of the respective Product. In such a case, if you change the
Device on which you are using or have installed a respective Product, you must delete any applicable software
from the Device and reinstall it on your new Device. For Products whose Product Information Sheet provides for
special Licenses for Multiple Use, Multiple Use shall be permissible only if, and to the extent that, you
purchased and were granted the relevant type or number of Licenses by us.
Trial License and Freeware: A License to use our Products for trial purposes for a limited period of time (Trial
License) or a License provided to you free of charge (Freeware), is provided as is and does not include any
product support. You may not use a Trial License in a production environment.
Updates and Upgrades: We may provide enhancements, modifications, revisions and/or new versions of a
particular Product in form of an update or upgrade (Update and Upgrade respectively, the classification of
which shall occur according to our sole discretion) free of charge or against payment in different frequencies
and intervals (each and all an Update and/or Upgrade Service). If and when we provide Updates and/or
Upgrades, you must download and install such Updates and/or Upgrades in order to obtain maximum benefit
from the Product. Moreover, if you do not use the most recent version of the Product, the functionality of the
Product may be reduced or impaired in whole or in part. You agree that particular Updates and/or Upgrades
may be automatically installed with or without user interaction.
License Restrictions: The License granted to you is limited. To further clarify what we meant in Section 1 above,
you may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license,
sublicense, or commercially exploit the Products or any component thereof in any manner not expressly
permitted by these Terms. In addition, you may not, or cause any third party to do so, (a) modify, translate,
decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove
or alter any proprietary notices or labels or (b) license, sublicense, transfer, sell, mirror, frame, exploit, rent,
lease, private label, grant a security interest in, or otherwise use the Products in any manner not expressly
permitted in these Terms and the Terms and Conditions.
You may not remove any proprietary notices, serial numbers, labels or copy protection features from any of our
Products. You cannot use any of our Products in special risk areas that require error-free, permanent operation
of relevant systems and in which the failure of a respective Product may result in a direct risk for life, body or
health or in substantial damages to property or the environment (high risk and high availability activities,
including, but not limited to, the operation of nuclear facilities, weapon systems, aviation navigation or
communication systems, life support systems and equipment, machine and production processes of
pharmaceuticals and food production). ANY VIOLATION OF THIS PARAGRAPH VOIDS ANY AND ALL
WARRANTIES WE PROVIDE AND WE DO NOT WARRANT OR GUARANTEE THAT ANY OF OUR
PRODUCTS ARE FIT FOR USE IN SPECIAL RISK AREAS.
Third-party claims. You must notify us without undue delay if a third party asserts claims against you, claiming a
respective Product infringed and/or infringes such third partys intellectual property rights (Rechtsmangel), and
any documents or correspondence or other forms you receive associated with such claim must be turned over
to us immediately.
Feedback. We welcome your feedback and suggestions about our Products. By transmitting any suggestions,
information, material, or other content (collectively, Feedback) to us, you represent that such Feedback does
not violate the intellectual property of any third party and that you have all rights necessary to convey, and
hereby do convey, to us the right to use such Feedback. In addition, any Feedback received through our
Products will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and
license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works,
display (in whole or in part) and otherwise fully exploit the Feedback worldwide, or act on such Feedback
without additional approval or consideration, in any form, media, or technology now known or later developed
for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
6. INDEMNITY
You agree to defend, indemnify and hold Avira, its affiliates, subsidiaries, directors, officers, employees, agents,
business partners and licensors harmless from any claim or demand, including reasonable attorneys fees,
made by a third party, relating to or arising from: (a) any of Your Content you upload into one of our Products;
(b) your use of our Products in violation of these Terms; or (c) your violation of any rights of a third party.
7. TECHNICAL SUPPORT
With respect to some of our Products, at our sole discretion, we may offer technical support as fully detailed at
www.avira.com/en/support. We provide such technical support without any warranty of any kind. Prior to
obtaining such support, it is your responsibility to back up all of your existing data, software and programs. We
may cease or suspend offering technical support with respect to a particular Product at any time.
8. MODIFYING OUR PRODUCTS
We are constantly improving and changing our Products. We may suspend or stop offering a particular Product
or add or remove functionalities or features. We may perform such modifications without providing you with
prior notice of such modification.
9. TERM AND TERMINATION OF OUR PRODUCTS
These Terms will continue to govern the relationship between you and us with respect to a particular Product
until the expiration of your License Term or until they are terminated because you violate them, fail to pay the
License fees, we are required to do so by law or we cease to offer a particular Product. The expiration of a term
with respect to one Product does not automatically terminate these Terms with respect to another Product.
You can stop using a particular Product at any time. If you signed up for automatic renewal of a particular
Product, it means you would like to renew a License to such Product at the end of a particular License Term for
the list price effective at the time of the renewal and you acknowledge that we may not notify you that a
particular License Term is ending. If you do not want to renew, you need to give us 45 days notice prior to the
end of a particular term and before the beginning of the next term so that we do not charge you. If we do end up
charging you because you did not provide us with your notice of termination in time, dont worry, we will refund
the amount we charged for the renewal of the respective License for thirty (30) days after you were charged the
License fee for the next License Term.
Once a License terminates or expires, your right to use a respective Product, Update or Upgrade, as applicable,
ends immediately and you must remove any installed Product(s) (and any back-ups) from each respective
Device(s). We may require you to provide written confirmation that you have, indeed, removed or destroyed the
applicable material.
10. WARRANTIES AND DISCLAIMERS
Some of our Products may come with a limited warranty. Any of our paid Products include a limited warranty
where we warrant that, for thirty (30) days from the date of purchase, such Product will operate substantially in
accordance with the Documentation and that the media (e.g., CD ROM), if any, on which such Product was
provided to you will be free from defects in materials and workmanship.
If you did not intentionally or accidentally cause the defect in the respective Product, your exclusive remedy for
the breach of the foregoing limited warranty shall be, at our option, either (i) a return of the fee you paid; (ii) a
replacement of the defective media on which the particular Product was provided to you; or (iii) receipt of a
defective-free version of the respective Product by either us replacing the Product or fixing the underlying
problem causing the defect. You must return any defective media to us or to the reseller that provided the media
to you, at your expense, with a copy of your receipt. THIS LIMITED WARRANTY IS VOID IF YOU CAUSED THE
DEFECT, EITHER INTENTIONALLY OR ACCIDENTALLY.
EXCEPT FOR THE LIMITED WARRANTY THAT MAY APPLY TO SOME OF OUR PRODUCTS, AND/OR
PARTICULAR PARTS THEREOF, OUR PRODUCTS ARE PROVIDED AS IS AND WE MAKE NO WARRANTY
OF ANY KIND AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS,
IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE. WE ALSO EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES RELATING
TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR
ABILITY TO INTEGRATE A PARTICULAR PRODUCT WITH OTHER PRODUCTS. YOU ASSUME
RESPONSIBILITY FOR SELECTING A PARTICULAR PRODUCT TO ACHIEVE YOUR INTENDED RESULTS
AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM SUCH PRODUCT. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR PRODUCTS WILL PROTECT AGAINST
ALL POSSIBLE THREATS, BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES,
THAT OUR PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT OUR PRODUCTS ARE FIT
FOR USE IN SPECIAL RISK AREAS.
11. OUR LIMITATION OF LIABILITY
You expressly absolve and release us from any claim of harm resulting from a cause beyond our control,
including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or
other connection problems, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes, or other labor problems, wars or governmental restrictions. UNDER NO CIRCUMSTANCES
SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES FROM LOST PROFITS, LOSS
OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR
DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER
DAMAGE OR LOSS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR A RESELLERS
AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THESE TERMS EXCEED THE PRICE
YOU PAID FOR THE PARTICULAR PRODUCT.
THE PROVISIONS OF SECTIONS 10 AND 11 SHALL APPLY TO ANY USER AND AUTHORIZED RESELLER,
AS APPLICABLE, OF OUR PRODUCTS AND SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
12. ADDITIONAL INFORMATION ABOUT THESE TERMS
The Terms do not create any third-party beneficiary rights. If you do not comply with the Terms and we do not
take action right away, this does not mean we are giving up any rights that we may have (for example, our right
to take action in the future). If it turns out that a particular term within these Terms is unenforceable, this will not
have any impact on any of the other terms. Unless Section 13 applies, the laws of the State of California,
without regard to its choice of law rules, will apply to any disputes arising out of or relating to these Terms or the
Products. All claims arising out of or relating to these Terms or the Products will be litigated exclusively in the
state or federal courts in Santa Clara County, California and you consent, and we consent, to personal