Never Get A Computer Virus Again® Terms and Conditions
Never Get A Computer Virus Again®
END USER LICENSE AGREEMENT
- NON-EXCLUSIVE AND LIMITED LICENSE: The software configuration, services and documentation, (including any product packaging) (the “Documentation”), that accompanies this License Agreement (collectively the “Software Configuration and Services”) shall remain the sole property of Company or its licensors, and is protected by copyright law. Although Company or its licensors continues to own the Software Configurations and Services, after Licensee acceptance of this Agreement, Licensee shall have certain rights to use the Software so long as the limited license is valid during its use.
- PERSONAL USE PERIOD: The “Personal Use Period” shall begin on (a) the date of installation or use of the Software on Licensee personal or laptop computer, virtual environment, mobile or mobile computing device (a “Device”), or (b) if You received the Software and Services as part of a multiple product offering, the date of Your initial installation or use of the Software and Services or any other software product or mobile application included in such offering on a Device, or (c) if You obtained the rights to use the Software and Services as described in this License Agreement from Company or it’s authorized service provider (“Service Provider”) the date determined by such Service Provider.
During the Personal Use Period, Licensee may:
- use one copy of the Software and Services on a single Device.
- use the Software in accordance with any additional permitted uses which may be set forth below.
Licensee may not:
- sublicense, rent or lease any portion of the Software and or any of its configuration;
- reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software and or it’s configuration or create derivative works from the Software and it’s configuration;
- provide, offer or make available the Software as part of a facility management, timesharing, service provider or service bureau arrangement; or
- use the Software configuration and Services in any manner that is not permitted pursuant to this License Agreement.
- Software Configuration and Updates and Content Updates: Licensee shall have the right to receive new features to and versions of the Software as Company in its sole discretion makes such features and versions available during Licensee Personal Use Period.
- Mandatory System Update. Company continually strives to improve the usability and performance of its Software products and services on a monthly basis through. In order to optimize the Software and to provide Licensee with the most current version of the Software, Licensee agree the Software may remotely computer access and install new updates and versions of the Software configuration and Services as they are made available by Company in its sole discretion. Licensee agree to receive and permit Company to deliver such new updates and versions to Licensee’s device and to protect and maintain functionally to Licensee device by allowing an update monthly key code access to it’s device to activate if mandatory system update is not performed. Additionally, Company, may modify the terms and conditions that apply to Licensee use of the Software to reflect such updates and versions and Licensee agree to such updated terms. Certain Software configuration and Services use content that is updated from time to time. Licensee shall have the right to receive Content Updates for the Software and Services during its Personal Use Period.
- software Installation; Required Activation; user Account: During the installation process, the Software may uninstall or disable other security products, or features of such products, if such products or features are incompatible with the Software or for purposes of improving the overall functionality of the Software and or its configuration.
- Technical Support: Certain technical support features may be offered from within the Software configuration, which may include live chat with a technical support agent and/or assistance from a technical support agent via remote computer access (any such technical support offered from within the Software configuration and Services shall be referred to in this Agreement as the “Technical Support”). If such features are offered and Licensee choose to access such Technical Support the following terms shall apply. Any such Technical Support shall be provided in Company’s sole discretion without any guarantee or warranty of any kind other than any guarantees applicable under consumer laws in Licensee jurisdiction which cannot be excluded or limited in any way. It is solely Licensee responsibility to complete a backup of all its existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, Company, may determine that the technical issue is beyond the scope of the Technical Support. Company reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion under this Agreement.
- Disclaimer of Damages: SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL COMPANY. OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE CONFIGURATION AND SERVICES (INCLUDING BUT NOT LIMITED TO USE OF THE TECHNICAL SUPPORT) EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILTY: IN NO CASE SHALL COMPANY OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE WHICH LICENEE PAID FOR THE APPLICABLE SERVICE PERIOD. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER LICENSEE ACCEPT OR USE THE SOFTWARE AND SERVICES.
- SAVING PROVISIONS: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
- Assignment: Licensee shall assign nor in any manner transfer its rights or obligations or any part thereof in this Agreement without the prior written consent of the Company Licensee hereby agrees this Agreement is binding upon and inures to the benefit of the parties to this Agreement and their respective successor and assigns.
- Execution in Counterparts: This Agreement may be executed in counterparts, each of which for all purposes will be deemed to be an original and which together constitute one and the same instrument. This Agreement may be accepted and or executed digitally, in person or via facsimile signature with the same effect as an original signature.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to principles of conflicts of law. All parties consent to jurisdiction and venue in Montgomery County, Pennsylvania.