End-user License Agreement (EULA)
This Software has been copyrighted for the 

AVIRA GmbH
Tjark Auerbach
Chief Executive Officer
Lindauer Str. 21
88069 Tettnang, Germany
www.avira.com

hereinafter "Licensor".

The unauthorised reproduction or unauthorised sale of this Software or parts thereof is liable to prosecution. Such conduct can be prosecuted under criminal or civil law and result in severe penalties and/or claims for damages. The Licensor hereby authorises you - hereinafter Licensee - to use this Software within the context of the following licensing conditions:

§1 Subject of the Licence Concession

1) Subject of the contract is the existing computer programme; in this case the activated full version including the licence file necessary for activation, (the "Software"), as well as the programme description, operating instructions and other pertinent materials (the "documentation").

2) The transfer of the main programme to the Licensee shall take place (after the order has been placed) either by means of the sending of sealed system disks or by means of download by the Licensee from the website of the Licensor. Before a licence file has been purchased, the main programme can be used solely as a limited test version. In order to use all functions, the Licensee must purchase a licence file from the Licensor or from an authorised retailer. The transfer of the licence file to the Licensee shall take place by means of the sending of a sealed system disk by post, or, by order of the Licensee (as in other cases also at the option of the Licensor), by e-mail. In a case where the Licensee downloads the main programme or the licence file, the transfer shall be deemed to have taken place when downloading is complete. With the main programme, the Licensee receives the documentation; this shall be made available to the Licensee by the Licensor (and at the Licensor's option), either in printed form or as a file in a standard format (e.g. hlp, txt or pdf), irrespective of how the Software is transferred. If the Licensee receives the Software by means of downloading by modem or from the Licensor's server via the Internet, he/she shall download the Documentation in the same manner.

3) The Software individually described in the documentation is commensurate with state-of-the-art technology. The Licensee is advised that with today's state-of-the art technology, it is not possible to manufacture Software in such a way that it works in every case and in a problem-free manner with all applications and in all combinations (especially with third-party Software).

4) The Software may not be used in danger zones where error-free continuous operation is demanded (high-risk activities like, for example, the operation of atomic power facilities, weapons systems, aerospace navigation or communication systems and /or life-support machines).

§2 Scope of Use 

The Licensor grants the Licensee the simple, non-exclusive and personal right to use the Software within the agreed scope of use - particularly with regard to the type and number of computers, for the duration of the contract (the "Licence"). The scope of the licence can be seen in the LIC-INFO.TXT file, which the Licensee receives together with the licence file.

§3 Copyrights and Transfer of the Software

1) The Licensee may reproduce the Software, if such reproduction is necessary for the use of the Software. Necessary reproductions include the installation of the Software from the original system disk or from the downloaded installation archive on the mass memory of the hardware in accordance with § 2, as well as the loading of the Software into the main memory during Software operation.

2) Moreover, the Licensee may reproduce the Software for backup purposes. However, only one backup copy of the original system disk or the downloaded installation archive may be created and/or stored. Said copy must be marked as a backup.

3) Should a rotational backup of a system's entire data set, including the software programmes, be essential for a fast reactivation of the system following a complete breakdown, Licensee may create backup copies in the quantities absolutely required. The pertinent system disks shall be marked accordingly. These backup copies may be used for archive purposes in connection with data backup only.

4) Licensee shall take the necessary steps to prohibit unauthorized access to the Software and its documentation by third parties. Affiliated companies of the Licensee are also regarded as being third parties. The original data media, as well as all backup copies, shall be stored in a secure place, safe from access by unauthorized third parties. The Licensee's employees shall be expressly informed as to their obligations to observe and abide by all contractual conditions specified herein, as well as all provisions of copyright law.

5) The Licensee is not authorised,

a. with the exception of the reproductions expressly authorised in this agreement, to create other reproductions of the Software or the documentation, either wholly or in part, on the same or on other disks/carrier media; this also includes the output of the programme code to a printer;

b. to transfer the Software from one computer to another computer or recording device via a network or other data transfer channel, insofar as the receiving device is not a computer or other recording device of the Licensee which is referred to in, and understood to be within, the framework of this Agreement;

c. without the written express permission of the Licensor, to change, translate, retro-develop, decompile or disassemble the Software, or to create works derived from the Software or the documentation, or to reproduce, translate, change or create works derived from the documentation , insofar as this is not absolutely necessary within the context of contractual use;

d. to remove copyright endorsements, serial numbers or other features which serve to identify the programme, unless the Licensor has provided written authorisation for this beforehand;

e. to transfer the Software to third parties or to provide access to the Software in any other form. This also applies to reproduction of the Software. Affiliated companies of the Licensee shall also be regarded in principle as third parties; transferring the Software within the group of companies for exclusive use at the new site shall be authorised in writing by the Licensor - such authorisation may only be denied for a major reason. In this case, adherence to the scope of use as per § 2 and § 3, any other agreements made in this contract and any possible secondary agreements shall be ensured. When such transfer has occurred, the Licensee must fully delete the Software and any backup copies still at the previous site of use within the group of companies without delay;

f. to transfer the Software, the documentation or parts thereof to third parties for the purposes of renting or leasing over a period of time.

§4 Other Rights to the Software

Within the context of the performance of the existing agreement, any purchase of full rights by the Licensee shall only take place on the physical system disks on which the Software and the documentation are recorded. Purchase of utilisation rights or rights of use for the Software and the documentation shall only take place insofar as this is expressly intended in the existing agreement. The Licensor retains in particular all publication rights, reproduction rights, editing rights, translation rights and other utilization rights to the Software.

§5 Term and Termination

1) The Licensee has the right to use the Software and the documentation indefinitely.

2) The right of both parties to exceptional termination shall remain unaffected, if a major reason for such termination exists. In particular, the Licensor has the right to terminate without notice in the case of substantial violations of contractual obligations on the part of the Licensee.

3) After a termination, the Licensee is liable under contract to fully delete all Software, in particular the original system disk, any backup copies and any pertinent Software files installed on his/her computer. The Licensee shall also return all pertinent documentation. The Licensor has the right to demand a sworn statement from the Licensee regarding such deletion.

§6 Warranty and Cooperation of the Licensee

1) Warranty claims by the Licensee for Software defects or defective documentation shall only be made to the supplier of the Software - in particular to the retailer.

2) If the Licensor is also the supplier - in the case of direct purchase of the Software from the Licensor - the Licensor shall guarantee the possibility of use in conformity with the documentation, if no other agreement on special cases has been made. The legal warranty period shall begin with the transfer of the Software as per § 1. 2. If the Licensee is not a consumer as defined within the meaning of the German Civil Code (BGB), the following shall also apply: The warranty period shall amount to 12 months; in the case of deviations from the documentation, where such deviations considerably affect contractual use, the Licensor, at his/her option, shall be obliged to supply a replacement or subsequent improvement. If the Licensor cannot correct such deviations (within an appropriate time limit) through the delivery of replacements or subsequent improvements, or if the Licensor cannot bypass such deviations in such a way that the Licensee is enabled contractual use of the Software, or if the delivery of replacements or subsequent improvements are deemed to have failed due to any other causes, the Licensee, at his/her option, can demand a reduction in the purchase price or cancel the licence for the programme without notice. In the latter case, the Licensee shall also be entitled to a full refund of the purchase price.

3) When reporting errors, the Licensee shall endeavour to be extremely precise in the description, narrowing-down, determination and reporting of such errors - to this end, he/she shall use competent employees. Where applicable, checklists supplied by the retailer or Licensor shall be used.

§7 Liability and Third Party Proprietary Rights

1) In the case of damages for which he/she is responsible, the Licensor shall be liable to pay up to five times the amount of the price paid upon delivery of the Software or licence file. Standard in this case is the net amount paid (without VAT) at the time of purchase.

2) The Licensor shall not be held liable for any lack of economic success, for indirect damages, consequential damages and for damages arising from third party claims, with the exception of claims pertaining to the infringement of third party proprietary rights.

3) The Licensor shall only be held liable for ordinary negligence insofar as an obligation is violated, adherence to which is of major importance for the attainment of the object of this contract (cardinal obligation).

4) For the recovery of data and other damages due to loss of data, the Licensor shall only be liable to pay an amount typical for the effort and costs involved in such a recovery, and only then if the Licensee has ensured that this data (as defined within the meaning of proper data processing from data banks) is held in readiness in machine-readable form, can be reproduced with a justifiable amount of effort, and if the Licensee has in particular carried out regular and risk-pertinent creation of backup copies.

5) The limitations of liability in § 1-4 do not apply to damages caused by malice or gross negligence on the part of the Licensor, his/her legal representatives, responsible employees, auxiliary persons and damages arising from injury to life, body or health.

6) If the Licensee is in violation of any of the limitations of use contained in the existing contract, in particular of § 1.4, liability on the part of the Licensor for damages arising from such violation shall be excluded.

7) Liability in accordance with the product liability law shall remain unaffected.

8) If a third party, in spite of the Licensee's contractually correct use of the valid, unchanged original version of the Software or documentation, makes claims against the Licensee claiming infringement of industrial property rights or infringement of copyright in the German Federal Republic, the Licensor shall defend the Licensee against all such claims. The Licensor shall assume the legal costs and quantum of damages imposed on the Licensee, provided that the Licensee has immediately informed the Licensor of the assertion of such claims and provided that all legal defence measures and composition hearings/negotiations are reserved for the Licensor.

9) If claims in accordance with §8 or other claims for an infringement of third part proprietary rights have been made, or are expected to be made against the Licensee, the Licensor, at his/her option, has the right to change or exchange all or part of the Software and/or documentation at his/her own expense, to an extent that is deemed reasonable for the Licensee.

10) If a case arises involving §8 and §9, when a Software change or the execution of a right of use is not possible with reasonable effort, each contractual partner can cancel the licence for the Software involved without notice.

§8 Updates

1) With the purchase of the licence file, the Licensee is entitled to receive and install updates. Updates are made available to the Licensee via download from the website of the Licensor – unless otherwise agreed. 

2) Provided that no other terms have been agreed for the use of such updates, the existing conditions apply.

3) The duration and extent of the Licensee's download subscription rights are governed by the terms of the purchased licence.  

4) An extension of the Licensee's download subscription rights is based on the terms agreed upon. Unless otherwise specified, the Licensor's terms and conditions apply which are published on his/her website.

§9 Remuneration of the Licensor

1) If conclusion and implementation of the existing contract take place without the involvement of the retail trade, i.e. directly with the Licensor,

a) the Licensor shall receive a one-off fee, which may include an update subscription for the first period of use, from the Licensee upon purchase of the licence file which is necessary for activation of the Software. The amount of the licence fee is either taken from the Licensor's price list which is/was valid at the time of ordering and which can be accessed on the Licensor's website, or derived from a different agreement.

b) The licence fee in accordance with a.) shall be paid upon transfer of the licence file (as per § 1.2) to the Licensee. The Licensee shall receive an invoice for the payable amount together with the licence file.

2) If the Software is purchased through a retailer, the licence fee, which may include an update subscription for the first period of use, is discharged upon payment of the purchase price.

§10 Miscellaneous

1) Any changes in, and/or supplements to this contract, including this clause, must be made in writing. Verbal supplements to this contract shall under no circumstances be made. General Terms and Conditions of Business of the Licensee are not part of this contract and have no legal force where this contractual relationship is concerned. 

2) If a provision of this contract ceases to be effective or proves to be not feasible, and the attainment of the object of this contract is nevertheless still not essentially impossible, the lawfulness of any remaining provisions shall remain unaffected. Both parties shall replace the provision which is ineffective or not feasible by one which, in a legally valid and economical manner, comes closest to the sense and purpose of the ineffective provision.

3) The laws of the German Federal Republic apply to this contract. Place of jurisdiction for merchants (who are Licensees) is the registered office of the Licensor.

4) In the case of delivery in EU countries, price calculation without VAT can only occur if the Licensee has provided his/her VAT ID.

Avira GmbH
Lindauer Str. 21
88069 Tettnang
Germany

Telephone: +49 (0) 7542-500 0
Fax: +49 (0) 7542-525 10

E-mail: info@avira.de
Internet: http://www.avira.com

Status as of 1st July 2006