Please read the periods and conditions of this End User License Agreement (“Agreement”) carefully before you use the Solution (as defined below). This is a legally binding contract with Avast Software s.r.o. (a company formed under the laws of the Czech Republic) in respect of Solutions branded “AVAST”, AVG Netherlands BV (a company formed under the laws of The Netherlands) in respect of Solutions branded “AVG”, or Privax Limited (a company formed under the laws of England and Wales) in respect of Solutions branded “HIDE MY ASS!”, “HMA!”, “HIDE MY PHONE!” or “HMP!” (Avast Software s.r.o., AVG Netherlands BV and Privax Limited, as applicable, being individually “Vendor”). By assenting electronically, installing the Solution or using the Solution, you accept all the terms and conditions of this Agreement on behalf of yourself and any entity or individual you represent or for whose Device you acquire Solutions from Vendor (collectively “you”). If you do not agree with the terms and conditions of this Agreement, do not continue the installation process and delete or destroy all copies of the Solution in your possession.
This Agreement relates to your use of certain software or services (including any upgrades or updates thereto) provided by Vendor (each, a “Solution”) and any related Documentation. In this Agreement, “Documentation” means any user manuals and instructions Vendor provides with the Solution; and “Applicable Conditions” means collectively the Service Period together with the types of Devices, Permitted Number of Devices, other limitations described by Section 2, the Documentation or the transaction documents under which you acquired the Solution. This Agreement supersedes and replaces any other agreement you previously entered into with respect to a prior version of the Solution.
Vendor may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of, or decision not to seek a refund for, any Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Vendor may require that you accept the amended Agreement in order to continue using Solutions you have previously purchased. If you decline to accept the amendment of this Agreement, Vendor may terminate your use of the affected Solutions, in which case you may obtain a refund of the Fees for the Solutions (prorated for the unexpired or unused portion of the Service Period) by following the instructions at https://www.avast.com/en- us/faq.php?article=AVKB24#idt_0440 (where Vendor is Avast Software s.r.o) or https://support.avg.com/SupportArticleView?l=en&urlName=What-is-AVG-refund-policy (where Vendor is AVG Netherlands BV) or www.hidemyass.com/legal/refunds (where Vendor is Privax Limited).
Vendor grants to you a non-exclusive license to use the Solution and the Documentation for the agreed period indicated in the Applicable Conditions, including any extensions or renewals (the “Service Period”), provided that you agree to the terms and conditions of this Agreement.
Vendor, from time to time during the Service Period and without your separate permission or consent, may deploy updates of, or replacements for, any Solution, and you may not be able to use the applicable Solution or Device (or certain functions of the Device) until the update is fully installed. Updates will be deemed a part of the Solution for all purposes under this Agreement. Updates may include both additions to, and removals of, any particular functionality offered by a Solution or may replace it entirely, and Vendor will determine the content and functionality of the updated Solution in its sole discretion. Vendor or your Device is not required to offer you the option to decline or delay updates, but in any event you may need to download and permit installation of all available updates to obtain maximum benefit from the Solution. Vendor may stop providing support for a Solution until you have accepted and installed all updates. Vendor will determine when and if updates are appropriate in its sole discretion and has no obligation to make any updates available to you. Vendor in its sole discretion may stop providing updates for any version of the Solution other than the most current version, or updates supporting use of the Solution in connection with any versions of operating systems, email programs, browser programs and other software with which the Solution is designed to operate.
This Agreement will immediately terminate upon your breach of any obligation contained herein (including any breach of your obligations in Sections 2, 5 or 9 which will result in forfeiture of any rights you may have to receive updates to the Solution or a refund of Fees). Vendor reserves the right to any other remedies available under law in the event your breach of this Agreement adversely affects Vendor or its distributors or agents. The limitations of liability and disclaimers of warranty and liability for damages contained herein will survive termination of this Agreement. No provision hereof will be deemed waived unless such waiver will be in writing and signed by Vendor. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.
All Solutions qualify as “commercial items,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire such Solutions and related Documentation with only those rights set forth herein that apply to non-governmental customers. Use of such Solutions and related Documentation constitutes agreement by the government entity that the computer software and computer software documentation is commercial, and constitutes acceptance of the rights and restrictions herein.
You must comply with all applicable U.S. and international laws governing export and re-export of the Solutions, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. Without derogating from the generality of the foregoing: (i) you represent that you are not a member of any of the denied person list, unverified list, entity list, specially designated nationals list, debarred list or any other lists published by the U.S. Government; and (ii) you will not use, export or re-export the Solution to territories, destinations, companies or individuals in violation of U.S. and E.U. embargoes or trade sanctions, including without limitation, in the following countries: Cuba, Iran, North Korea, Sudan and Syria. You will indemnify, defend and hold Vendor harmless from and against any claim, demand, suit or proceeding, and all damages, liabilities, costs and expenses arising from your failure to comply with this Section 10.
The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Solution and the Documentation. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
The following special terms apply to certain Solutions. If these special terms conflict with the remainder of the Agreement, these special terms will govern with respect to the applicable Solutions.
14.1. Third Party Software, Services and Other Products
14.2. Browser Cleanup
When you install and use Browser Clean Up add-on (“BCU”), you authorize BCU to change your existing browser setting to the new browser setting.
14.3. Mobile Apps
This Section 14.3 applies to Solutions intended for use on Mobile Devices.
14.4. WiFi Finder
WiFi Finder enables its users to assist other users to obtain internet access through sharing of data about WiFi networks. If you opt to share your data about your WiFi networks with other users, you are solely responsible for ensuring that you are not violating any third party rights relating to such WiFi networks. Vendor does not in any way assume responsibility for your compliance with terms and conditions applicable to the use of any networks whose data you have shared.
14.5. CloudCare and Managed Workplace
This Section 14.5 applies to the extent the Applicable Conditions authorize you to use CloudCare or Managed Workplace in providing MSP Services to third parties.
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