End-User License Agreement (EULA) of VirIT eXplorer PRO
END-USER LICENSE AGREEMENT
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and TG Soft S.r.l. (the Owner) for the software product identified above (Vir.IT eXplorer PRO Antivirus & Antispyware Suite), which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Product”). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. In addition, by installing or otherwise using subscription updates that you receive as part of the Product (“UPDATES”), you agree to be bound by the additional license terms that may accompany such UPDATES. If you do not agree to the additional license terms that may accompany such UPDATES, you may not install or use such UPDATES.
A software license agreement is a contract between a producer and a purchaser of computer software that is included with software. The license defines the ways under which the copy can be used, in addition to the automatic rights of the buyer.
TG Soft S.r.l., owner of the software, grants the End-User the rights to use the software, according to the license model described above. The End-User can use the Software and the Updates on ONE computer at a time. End-user can use this software only on computers he owns.
TG Soft S.r.l. grants to the End-User the use of the programs and files of the Vir.IT eXplorer PRO Software Suite, including but not limited to VIRITEXP.EXE, VIRITMON.VXD and MONITOR.EXE, eventually modified during the period of validity of this EULA, to face newborn threats. The End-User could continue using the Software even after the end of the Licensed period for the updates and for technical assitance.
1.2) RESERVATION OF RIGHTS AND OWNERSHIP:
The Owner detains all the economic use rights of The software, including but not limited to: source code, appearance, structure and organization. The Owner reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties (D.L. 29 dicembre 1992, n. 518 - Attuazione della direttiva 91/250/CEE relativa alla tutela giuridica dei programmi per elaboratore). The Owner owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service the marks. The intellectual property and copyright is registered at S.I.A.E. (Società Italiana Autori Editori).1.3) SOFTWARE TRANSFER:
You may permanently transfer all of your rights under this EULA, provided you retain no copies (including, but not limited to, installed versions of the software), you transfer all of the Product (including all COMPONENTS, UPDATES, the media and printed materials, any upgrades, and this EULA), you provide TG Soft S.r.l. notice of your name, company, and address and the name, company, and address of the person to whom you are transferring the rights granted herein, and the recipient agrees to the terms of this EULA. If the Product is an upgrade, any transfer must include all prior versions of the Product.1.4) UPDATES LICENSE TERMS:
All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.2) PROHIBITIONS FOR THE END-USER2.1) THE END-USER:
- Can NOT Transfer the rights to use the software or license other users, or use, copy, or modify the software, partially or completely, except for what is specified in point 1.3 of this EULA.
- May NOT reverse engineer, decompile, or disassemble the Product and any part of it.
- Can NOT reproduce, give away or modify the documentation or the updates included with the product.
- Acknowledge that the Product is of Italian origin (Italy). You agree to comply with all applicable international and national laws that apply to the Product.
Without prejudice to any other rights, the Owner may terminate this EULA if you fail to comply with the terms and of this EULA. In such event, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession.
3) DISCLAIMER OF WARRENTIES3.1) LIMITED WARRANTY:
The Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, TG Soft S.r.l. and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS
, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.3.2) ADDITIONAL WARRANTY:
TG Soft S.r.l. grants the substantial execution of the advertised features by the Software and the general conformity to the specifics published and advertised by TG Soft S.r.l. If you find that the software does not executes one of these features or is not compliant to the specifics published and advertised by TG Soft S.r.l., the End-User can contact the Owner within 90 days form the purchase to communicate the problem. If TG Soft S.r.l. will not be able to correct the problem within 90 days from the receiving of the communication from the End-User, the End-User could ask to terminate this EULA and could ask for a full refund of the product, if in possession of the proof of purchase, followed by the destruction and the uninstallation of any version and/or copy of the Product).3.3) ERROR-FREE WARRANTY:
TG Soft S.r.l. does NOT grant that the features included in the Software will be able to fit the End-User particular purposes or that the Software activities will be free of errors.
4) LIMITATION OF LIABILITY4.1)
In no event shall the Owner's liability exceed the license fee paid, if any.4.2)
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.5) GENERAL WARNING:
TG Soft S.r.l. does not grants any performance of any kind when the software is uses on network or compressed Drives.6) SERVICES FOR THE END-USER:
The End-User can make use, during the period of validity of this EULA, of the following services:
- technical support: the End-User can access the technical support either by surfing the TG Soft web site (http://www.tgsoft.it) or by writing an e-mail to firstname.lastname@example.org
- suspicious files analysis: The End-User can send suspicious files to TG Soft researchers, to have them analyzed. The End-User must use the tools included in the Software to send these files, otherwise they will be automatically discarded if they are found harmful by ISPs.
- personalized Updates: If suspicious files sent by the End-User is found to be a new generation virus/malware and in the event that the current release of the Software cannot remove it, a personalized update will be released (whenever possible, at unchallengeable opinion of TG Soft researchers), to ensure that the removal will be possible after the installation of the update. Personalized or extraordinary updates can be sent to the End-User by:
- download from the TG Soft Web Site (http://www.tgsoft.it) (an internet connection is required)
- file attached to an e-mail message at an address supplied by the End-User either at the moment of the purchase or at the moment of the request for technical assistance.
END OF TERMS AND CONDITIONS