License Agreement - AVG Rescue CD
This is a Licensing Agreement between you, the end user of software, and AVG Technologies CZ, s.r.o. (hereinafter “AVG Technologies” or “AVG Technologies company”). Please, read this document carefully!. In case you do not agree with the said terms and conditions, immediately stop using this software! You may get a refund of the licensing fee paid within 30 days from the date the product was purchased as long as you return all parts that were included in the product package and destroy all copies of the said version of the software and/or uninstall it.
AVG Technologies, subject to the terms and conditions of this Licensing Agreement, hereby grants you a nonexclusive, nontransferable right to use, during all time of validity of your license, at observation of terms and conditions stipulated in this Agreement, the copy of the software “AVG Rescue CD” (hereinafter as “program” or “product”). Your license applies also to following software, which is a part of “AVG Rescue CD”:
- "Microsoft Windows Preinstallation Environment" from MICROSOFT company
- "FreeCommander for AVG Rescue CD" from Mr. Marek Jasinski.
Based on license agreements concluded with MICROSOFT company and Mr. Marek JASINSKI, AVG Technologies company is authorized to grant you a license to “AVG Rescue CD” including its parts. Your license applies also to software which is a part of this “AVG Rescue CD” (integrated components). Integrated components are and further will be property of third parties. The period of validity of your license is one year since the date of its purchase. Notwithstanding anything to the contrary in this Agreement, your licence is a multi node license usable for administration of multiple computers by a single user provided that the user administrates only one computer at a time. The program may include functionality that will render it inoperational upon expiration of your license.
The product specified in this Licensing Agreement is and further will be the property of AVG Technologies, MICROSOFT and Mr. Marek JASINSKI companies. The product is subject to copyright and as such is protected to the fullest extent allowable by law. This does not affect the rights of integrated components belonging to a third party and used in licensed product.
3. Use of the program
This license is limited on the use of the product as a boot, diagnostic, disaster recovery, setup, restoration, emergency services, installation, test and/or configuration utilities program. The product is not intended for use as a general purpose operating system or as a substitute for a fully functional version of any operating system product.
4. Protection against improper use
The product contains a security feature that will cause the computer system to reboot without prior notification to the end user after 24 hours of continuous use.
5. Use Limitations
You must not use the program in any way which threatens or violates the owner’s copyright. It is especially forbidden to make copies of the program (with the exception of backup copies), further, you must not reproduce, modify, decompile, reverse engineer, disassembly or make derivative products of the program or decoding it in any other way. All rights not expressly granted are reserved. Any copy of the program you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the program. Further, you must not use the program in automatic, semi-automatic, manual or interactive tools designed to create virus signatures, virus detection routines, or any other data or code for detecting of malicious code or data. Use of the software together with so-called "sigtools" is not permitted.
6. Transferability limitation
This license is granted to you only and as such does not permit you to sell, to lend, to assign, to lease or to transfer in any other way any copy of this program. Any transfer in violation of this provision is not permitted and may cause your your license to be terminated with no refund of the licensing fee paid.
7. Limited Warranty
AVG Technologies guarantees that the program will correspond in general terms to the description given in the user documentation for 30 days from the date the product was purchased. AVG Technologies does not warrant that the program will operate without interruptions, detect all infections or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a warranty claim within the 30-day warranty period, the liability of AVG Technologies is limited, according to its consideration, to replace the product or to refund you the licensing fee paid.
8. Limitation of Liability
AVG Technologies, or its contractual sellers, shall not be liable for any consequential, accidental, or special damages, including lost profits, business interruption, or loss of data caused by the use or inability to use this program, even if AVG Technologies has been advised of the possibility of such damages or losses. By signing this Agreement, you agree that the liability for damages caused by the use or inability to use this program is governed by the Commercial Code of the Czech Republic. In case you suffer any damages for which AVG Technologies is liable to compensate you or in cases where the jurisdiction of a specific country does not permit limiting liability as far as compensation for damages, the contracting parties have agreed that a conventional fine in the amount of the license fee paid for the program will be assessed by you. This fine is inclusive of any and all compensation for damages caused. The program is not designed for high-risk applications, especially in situations where the failure of such program would threaten lives or cause extensive material damages. Such applications include operating parts of nuclear power plants, weapon systems, equipment designed for sustaining people’s basic bodily functions, etc.
9. MICROSOFT and Other Licensers Responsibility
All warranties granted by this Agreement are granted on the part of AVG Technologies company only. Also all problems of customer’s support will be solved by AVG Technologies company. In this respect, MICROSOFT waivers any and all responsibility of MICROSOFT and associated companies.
10. Responsibility for Program Updates
In order to ensure that the program functions properly, AVG Technologies publishes updates to this software on its web pages. These updates improve the workings of the software, remove any bugs or keep current the database definition files. The user is responsible for proper configuration of the program updating process to provide for the highest possible level of functional reliability.
11. Governing Law, Arbitration Clause
This Agreement shall be governed by the laws of the Czech Republic excluding conflicts of laws principles. All disputes arising under this Agreement or in connection therewith will be, with exclusion of authority of public courts, adjudicated by the Czech Republic Chamber of Commerce and Agrarian Chamber Arbitration Court in Prague, by three arbiters appointed pursuant to the rules of the said court. Jurisdiction of general courts is excluded and all decisions are final. The contracting parties agree to comply with the decision of the arbitration court in the time specified. The end user takes knowledge of the fact that the product is subject to U.S. export jurisdiction and undertakes to observe them.