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THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF USE OF “AVG BETA SOFTWARE” TO BE ACCEPTED BEFORE INSTALLATION OF ANY “AVG BETA SOFTWARE”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING ANY SOFTWARE FROM THIS WEBSITE. YOU SHOULD UNDERSTAND THAT BY INSTALLING ANY SOFTWARE FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND AVG NETHERLANDS B.V. (“AVG TECHNOLOGIES“). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT INSTALL OR USE “AVG BETA SOFTWARE”.
1.1 Your use of the AVG Beta Software is governed by these terms and conditions (“Beta User Conditions”) which you should read carefully before installing AVG Beta Software. These Beta User Conditions represent a binding contract between AVG Technologies and you. If you do not agree with these Beta User Conditions, please do not install or use AVG Beta Software.
1.2 AVG Technologies may update or amend these Beta User Conditions at any time. AVG Technologies will communicate such changes to you via the Beta Portal.
1.3 These Beta User Conditions apply to you regardless of how you have accessed the AVG Beta Software and regardless of the territory in which you live or conduct business.
2.1 Although utilizable by experienced users, AVG Beta Software is still being developed, tested and evaluated. AVG Beta Software has not been released for sale, distribution or any use by the general public.
2.2 AVG BETA SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF AVG BETA SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD AVG BETA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF AVG BETA SOFTWARE. AVG BETA SOFTWARE SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT INSTALL AND/OR USE AVG BETA SOFTWARE.
2.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVG TECHNOLOGIES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE AVG BETA SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF AVG BETA SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL AVG TECHNOLOGIES’ LIABILITY EXCEED THE PRICE YOU PAID FOR AVG BETA SOFTWARE, IF APPLICABLE.
2.4 WE EXPRESSLY REPRESENT THAT AVG BETA SOFTWARE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND INSTALLING AVG BETA SOFTWARE DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO INSTALL AVG BETA SOFTWARE UNLESS YOU ARE AN EXPERIENCED USER.
AVG Technologies will not provide any technical support, maintenance or any other services for any AVG Beta Software.
You will give AVG Technologies feedback about AVG Beta Software consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide AVG Technologies with any Feedback, as part of the testing and evaluation of AVG Beta Software, you agree that: (a) AVG Technologies may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any AVG Technologies product, specification or other documentation; and (b) you will not give AVG Technologies any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any AVG Technologies product incorporating or derived from any Feedback, or other AVG Technologies intellectual property, to be licensed to or otherwise shared with any third party.
8.1 AVG Beta Software, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by AVG Technologies through the Beta Portal or in connection with testing and evaluation of AVG Beta Software is confidential (“Confidential Information”).
8.2 You will keep, and ensure that any and all persons, firms, companies or organisations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify AVG Technologies in writing, or (d) is disclosed by you with AVG Technologies’ prior written consent.
8.3 UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE TESTING PROGRESS AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE BETA TESTING PROCESS. ANY PUBLICATION OF BETA VERSIONS TESTING RESULTS, REVIEWS OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF AVG TECHNOLOGIES.
The governing language of these Beta User Conditions is English. Although AVG Technologies may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these Beta User Conditions.
These Beta User Conditions will be governed by the laws of the State of Delaware.
All disputes arising out of or in connection with these Beta User Conditions shall be finally decided by state or federal courts sitting in the State of Delaware.
These Beta User Conditions (together with the documents to which they refer) contain the whole agreement between you and AVG Technologies relating to the use of The AVG Beta Software and supersede all previous agreements between you and AVG Technologies relating to it. You acknowledge that in agreeing to these Beta User Conditions you have not relied on any representation, warranty or other assurance except those set out on the Beta Portal.