AVG Mobilation – end user license agreement
This End-User License Agreement (the "Agreement") is between you (both the individual installing the computer software accompanying this Agreement and any legal entity on whose behalf such individual is acting) (hereinafter: “You” or “Your”) on the one hand and AVG Netherlands BV, with offices at Gatwickstaat 9-39, 1043GL Amsterdam, the Netherlands on the other hand (“AVG Mobilation”).
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCEPTING, AND/OR BEFORE DOWNLOADING OR INSTALLING OR USING THE SOFTWARE. THIS SOFTWARE IS COPYRIGHTED, PATENTED AND LICENSED (NOT SOLD). TAKING ANY STEP TO SETUP OR INSTALL OR OTHERWISE USE THE SOFTWARE CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF YOU SHALL BE CONSTRUED AS INFERENCE TO THE CONTRARY.THE ACCEPTANCE OF ANY PAYMENT MADE BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SOFTWARE AND/OR RESULTS THEREOF, AND RETURN ALL COPIES OF THE SOFTWARE AND/OR DOCUMENTATION AND/OR RESULTS THEREOF TO AVG MOBILATION.
Definitions
The term "Software" means the object code copy of the software program licensed to You in connection with this Agreement, together with all other related and accompanying documentation (the "Documentation"), provided by AVG Mobilation (or by any authorized distributor of AVG Mobilation’s products), unless otherwise specifically indicated by AVG Mobilation, and any update or a new release of the software, enabling auto mobile security solutions. For the purposes of this Agreement, the term “Applicable Conditions” shall mean any terms and conditions accompanying the Software.
License
Subject to the terms and conditions of this Agreement and applicable license fees, AVG Mobilation hereby grants You, and You hereby accept, a non-exclusive, non-sublicensable, non-transferable and fully revocable license to install and use the Software in accordance with the Applicable Conditions in mechanic-readable object-code form only, and to use the Documentation in the manner described hereinbelow.
Use of Software
This Software and accompanying Documentation are patented and protected by intellectual property laws and international treaty provisions. Unauthorized copying of the Software in whole or in part is expressly forbidden. The Software may only be installed on one of the following (a) one Android based device; (b) one iOS based device; (c) one Windows phone based device, or (d) any other device with similar operation system to those listed in this clause (each, a "Device"). If You wish to install the Software on additional Device, additional licenses must be purchased. Upon loading the Software into Your Device, You may make a single copy of the Software for backup, provided Your backup copy is not installed or used in any way. Any such copies of the Software shall include AVG Mobilation's copyright and other proprietary notices, including a copy of this Agreement. You acknowledge and agree that AVG Mobilation may monitor data processed through the Software to the extent permitted by applicable law, and for the purpose of data protection, any applicable support services and/or verifying compliance with the terms and conditions set forth herein.
Restrictions
Notwithstanding the above, the Software is licensed to You solely for Your own internal use, to be made by You and for Your own operations. Neither the Software nor any portion thereof may be used by or on behalf of, accessed by, re-sold to, returned to, or distributed to any other party. You agree not to allow others to use the Software and You will not use the Software for the benefit of third parties. You acknowledge that the source code of the Software, and the underlying ideas or concepts are valuable intellectual property of AVG Mobilation and You agree not to, except as expressly authorized in writing by AVG Mobilation and only to the extent established by applicable statutory law, attempt to (or permit other third parties to) decipher, reverse translate, decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming, interoperability interfaces, replicate, schematics, or physical designed of the Software by any means whatsoever. You will not develop methods to enable unauthorized parties to use the Software, or to develop any other product containing any of the concepts and ideas contained in the Software. You will not (and will not allow any third party to) modify the Software or create a derivative work off any portion of the Software. You will not (and will not allow any third party to) remove any copyright or other proprietary notices from this Software. You will not test the Software or use the Software in connection with any benchmark tests, evaluation or any other tests of which the results are designated or likely to be published in any form or media or otherwise made available to the public, without AVG Mobilation's prior written approval. Other than explicitly permitted hereinabove: You will not rent, lend, lease, sub-license or transfer the Software and/or Your rights to the Software. You or any person under Your authority or control will not make copies of the Software or any portions thereof. You will not use the Software in a manner that is not in compliance with the Documentation, Applicable Conditions and with AVG Mobilation's specific instructions. You will not copy nor modify, adapt or translate into any language the Documentation, nor create derivative works based on the Documentation, without the prior written consent of AVG Mobilation.
Title and Intellectual Property
You acknowledge and agree that the Software and the Documentation, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, are AVG Mobilation's property protected under any applicable laws and treaties. You further acknowledge and agree that all rights, title and interests in and to the Software, including associated intellectual property rights (including but not limited to, copyrights, trade secrets, trademarks, etc.), evidenced by or embodied in and/or attached/connected/related to the Software are and shall remain with AVG Mobilation. This Agreement does not convey to You an interest in or to the Software, but only a limited right of use, revocable in accordance with the terms and conditions of this Agreement. Nothing in this Agreement constitutes a waiver of AVG Mobilation's intellectual Property rights under applicable Law. You will have no lien or other similar rights with respect to the Software.
Third Party Software
If the Software contains any software, hardware or annexed instruments provided by third parties, such third party software or annexed instruments shall be subject to its applicable license and to the conditions found in separate license agreements as applicable, in the event that no such third party license agreements exist, the restrictions contained in this agreement shall apply on all such third party software mutatis mutandis.
Term and Termination
Unless specified otherwise in Applicable Conditions, this Agreement is effective until terminated by AVG Mobilation upon any violation by You of any of the provisions of this Agreement, rights to use the Software and Documentation shall automatically terminate and the Software, the Documentation and all copies thereof must be returned to AVG Mobilation or destroyed. In such event, You shall indemnify AVG Mobilation for any loss expenses and/or damages incurred by AVG Mobilation pursuant to such breach or violation, in addition to any other rights and remedies available to AVG Mobilation under applicable law. You may also terminate this Agreement at any time by returning to AVG Mobilation or destroying all copies of the Software and Documentation in your possession or control; provided, however, that you shall pay the entire amount of license, support and maintenance fees that you were to pay for the entire term of the license for which You have prescribed, and that no refunds shall be made by AVG Mobilation. If AVG Mobilation makes a request via public announcement or press release to stop using the copies of the Software, you will comply immediately with this request. The provisions of paragraphs 5, 6, 9, 10 and 11 will survive any termination of this Agreement.
Limitation on Warranty
You hereby acknowledge that AVG Mobilation does not warrant that Your use of the Software will be uninterrupted or that the operation of the Software will be error free or secure. AVG Mobilation’s sole liability and Your sole and exclusive remedy for any breach of this warranty by AVG Mobilation shall be the repair or replacement of the defective Software that does not meet this limited warranty within reasonable time. The foregoing limited warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply (i) if the defect is caused by faulty maintenance, installation or set-up, by alterations undertaken without AVG Mobilation’s consent or by faulty repairs; (ii) if the defect is caused by use of a superseded update of that Software that AVG Mobilation makes generally available to its customers that subscribe for updates (“Software Release”) of the Software, if the infringement would have been avoided by the use of a current Software Release of the Software that AVG Mobilation provides to its end users; (iii) if the defect is caused by the combination, operation or use of the Software with software, hardware or other materials not licensed hereunder and not conforming to AVG Mobilation’s specifications set forth in the Documentation; (iv) if the Software is otherwise operated in violation of this Agreement or other than in accordance with the Documentation. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, THE SOFTWARE AND THE DOCUMENTATION ARE LICENSED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND AVG MOBILATION DISCLAIMS ANY AND ALL WARRANTIES, WETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; NO LICENSOR, DEALER, DISTRIBUTOR, RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
Limitation of Liability
YOU HEREBY AGREE THAT IN NO EVENT SHALL AVG MOBILATION, ANY OF ITS SUBSIDIARIES OR ITS SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AVG MOBILATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE. THIS LIMITATION IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND AVG MOBILATION. IN NO EVENT WILL AVG MOBILATION BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AVG MOBILATION RECEIVED FROM YOU FOR THE LICENSE OF THE SOFTWARE GIVING RISE TO THE LIABLITY. YOU ACKNOWLEDGE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK, AND THAT AVG MOBILATION WOULD NOT PROVIDE THE SOFTWARE EXCEPT UNDER THE TERMS OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Export Control
You shall comply with all applicable government trade and export control laws and regulations with respect to the Software including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. You agree that the Software will not be transferred or exported into any country or used in any manner prohibited by any applicable laws in any jurisdiction.
AVG Do Not Track
AVG Mobilation may contain a feature called AVG Do Not Track. By accepting this Agreement, you are also accepting the Terms And Conditions For AVG Do Not Track accessible on our public website, which are incorporated into this Agreement by reference.
Miscellaneous
You may not assign Your rights or obligations under this Agreement without the prior written consent of AVG Mobilation. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the provisions of this Agreement shall remain in full force and effect. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. The laws of the state of the Netherlands shall govern all issues arising under or relating to this Agreement, without giving effect to the conflict of laws principles thereof. All disputes arising under or relating to this Agreement shall be resolved exclusively in the appropriate court sitting in Amsterdam, the Netherlands. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. This Agreement sets the entire understanding and agreement between You and AVG Mobilation, it supersedes any prior proposal, representation and understanding concerning the Software, and may be amended only in writing signed by both parties. This Agreement shall be deemed an agreement for the benefit of third party suppliers of AVG Mobilation. If You are a corporation, partnership or similar entity, then the license to the Software granted hereunder is deemed to be accepted by a person authorized to sign for and bind the entity.
PRIVACY POLICY
a) The AVG Mobilation Privacy Policy described in this section a) and b), and on our public website applies to our collection and processing of personal identifiable information. Depending on your Device and OS, we may collect: your device Internet Protocol ("IP") address, type and ID, operator name, phone number, SIM number and subscriber number and any other technical information needed to provide our services properly; the date and time, country and the internet address of the device from which your device connected to our back-end server; information about malicious applications, files and other potential threats on your device; files and the content of files that contain threats or potential threats; anonymously track and report your activity inside of our Software; Geo information based on GPS/WIFI/Network location info if you’ve subscribed to our location-based services – [this is ONLY used to provide those services]; your email address, for instance, if you’ve subscribed to our location-based services. We use such information to: deliver requested services; provide you with information about virus alerts, product upgrades, new products & services; send newsletters, offers, e-mails or other information which we think may be of interest to you, including offers relating to third party products and services; assist us in creating better products and services to meet your needs; notify you about changes to our service. Information about your files, applications or emails that are malicious, potentially malicious or spam, is used ONLY to help us and our suppliers to improve the Software and related services.
b) AVG Mobilation is part of AVG Technologies, a global company. The personal information that you have provided to us may be made accessible to our offices worldwide for marketing and support purposes. Some of these offices may be in countries that do not have the same levels of data privacy laws as the country you are in. However we take steps to protect your data at all times to the best standards. AVG Mobilation does not sell or rent your personally identifiable information to third parties. We use some third parties to provide services to AVG Mobilation and to you. All of these companies comply with our Privacy and data security policies. We may also share your email and personal information with selected AVG Mobilation partners so they can contact you to provide you with local technical, licensing and customer support. For more information or if you have any concerns about privacy, please email privacy@avg.com.
