Download PC Tools AntiVirus 5.0
Please wait... contacting PC Tools AntiVirus download site.
If your download does not start automatically, try the following url:
If you have some problems, try home page.
PC TOOLS ANTIVIRUS END USER LICENCE AGREEMENT
NOTIFICATION: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE, AGREEING TO THE TERMS SET OUT BELOW (“THIS AGREEMENT”).
YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS AGREEMENT AND WISH TO BECOME THE LICENSEE ("YOU") OF THE SOFTWARE. ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THIS AGREEMENT.
BY CLICKING THE "I ACCEPT THE AGREEMENT" BUTTON YOU WARRANT AND CONFIRM THAT YOU ARE ELIGIBLE AND HAVE THE AUTHORITY TO AGREE TO THE TERMS OF THIS AGREEMENT.
SELECTING THE "I ACCEPT THE AGREEMENT" BEFORE THE "NEXT" BUTTON AT THE BOTTOM OF THIS SCREEN WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND YOU WILL BECOME THE LICENSEE OF THE SOFTWARE. PLEASE PRINT A COPY FOR YOUR RECORDS.
IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS, DO NOT CLICK ON THE "I ACCEPT THE AGREEMENT" BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER.
IN CIRCUMSTANCES WHERE YOU PURCHASE THE SOFTWARE WITHOUT ACCEPTING THE TERMS OF THIS AGREEMENT AND WISH TO RETURN THE SOFTWARE, PLEASE CONTACT PC TOOLS PTY LTD ("PC TOOLS") TO DETERMINE WHETHER YOU ARE ELIGIBLE FOR A REFUND.
1 Licence Grant.
1.1 Subject to the payment of the applicable licence fees, and subject to the terms and conditions of this Agreement, PC Tools hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the “Documentation”) for the term specified in paragraph 3 below, solely for your own personal purposes or internal business purposes. You may install one copy of the Software on one computer, workstation, personal digital assistant, or other electronic device for which the Software was designed (each, a “Client Device”). If the Software is licensed as a suite or bundle with more than one specified Software product, this licence applies to all such specified Software products, subject to any statement by PC Tools (or the person selling or promoting the bundle or suite) to the contrary and to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
2 Use.
2.1 The Software is licensed as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this paragraph 2.
2.2 The Software is “in use” on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This licence authorizes you to make only as many back-up copies of the Software as are necessary for its lawful use and solely for back-up purposes, provided that all such copies contain all of the Software’s proprietary notices. You will maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorised copying or use.
2.3 If you sell the Client Device on which the Software is installed, you will ensure that all copies of the Software have been previously deleted.
2.4 Apart from to the extent permitted by law, you shall not decompile, reverse engineer, disassemble or otherwise reduce any party of this Software to human readable form nor permit any third party to do so.
2.5 Apart from to the extent permitted by law, you shall not, nor permit any third party to copy (other than as expressly permitted herein), make error corrections to or otherwise modify, adapt or translate the Software nor create derivative works of the Software.
2.6 You shall not rent, lease or lend the Software to any other person, nor transfer or sub-licence your licence rights to any other person.
2.7 You shall not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software.
2.8 You shall not use this Software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, any other data or code for detecting malicious code or data.
2.9 If the Software is licensed with volume licence terms separately agreed between you and PC Tools (or PC Tools authorised resellers), then you may make, use or install as many additional copies of the Software on the number of Client Devices as the volume licence terms specify. You must have reasonable mechanisms in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of licences you have obtained. This Agreement authorizes you to make or download one copy of the Documentation for each additional copy authorised by the volume licence, provided that each such copy contains all of the Documentation’s proprietary notices.
3 Term and Termination.
3.1 Where you have purchased the Software from PC Tools (or its authorised resellers), you will have a right to use the Software for a term of one year from the date you first install the Software, or such other term as specified by PC Tools at the time of purchase.
3.2 Where the Software is licensed to you for “trial use” (or where you have otherwise not purchased the Software from PC Tools or its authorised resellers), then the term of the licence granted herein will be the period of the trial specified by PC Tools, and in the absence of any specification by PC Tools, 30 days. If you wish to continue to use the Software following the expiration of the trial period, you may be required to pay a separate licence fee to PC Tools.
3.3 You may terminate this Agreement at any time by destroying all copies of the Software and the Documentation.
3.4 This Agreement may be terminated by PC Tools in the following circumstances:
(a) if you are in breach of any term of this Agreement;
(b) if you, being a corporation, become the subject of insolvency proceedings;
(c) if you, being a firm or partnership, are dissolved; or
(d) if you destroy the Software and/or the Documentation for any reason.
3.5 Upon termination, you or a representative nominated by you shall destroy any remaining copies of the Software or otherwise return or dispose of such material in the manner directed by PC Tools.
3.6 Termination pursuant to this clause shall not affect any rights or remedies which PC Tools may have otherwise under this licence or at law.
4 Support.
4.1 If you have purchased the Software from PC Tools (or its authorised resellers), then you may be entitled to receive technical support and product updates for a fixed period (generally one year) commencing from the date you first register the Software with PC Tools (“Support Period”). The length of the Support Period will be specified to you at the time of purchase of the Software or generally specified by PC Tools from time to time. Your right to receive technical support and product updates will terminate at the end of the Support Period unless renewed by payment of the then current support charge to PC Tools.
4.2 If you are using a trial version of the Software or if you haven’t purchased the Software from PC Tools or an authorised reseller, then unless specified by PC Tools to the contrary, you will not be entitled to receive software support or product updates.
4.3 If you are entitled to receive technical support then you may do so by contacting PC Tools via their website, www.pctools.com. If you are entitled to receive product updates, then you may obtain such updates via www.pctools.com or via the live update feature contained in the Software.
5 Ownership Rights.
The Software is protected by copyright and other intellectual property laws. PC Tools owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trademarks and other intellectual property rights therein. Where any component of the Software has been provided by a third party, then that third party will retain all right, title and interest in and to the relevant component, including all copyrights, patents, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property rights in the Software or any applicable third party components, and you will not acquire any rights to the Software or such third party components except as expressly set forth in this Agreement.
6 Confidentiality.
You agree that the Software and the Documentation, including the specific design and structure of individual programs constitute confidential proprietary information of PC Tools. You shall not disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of PC Tools. You shall implement reasonable security measures to protect such confidential information.
7 Warranty.
7.1 You acknowledge that the Software may seek to remove codes such as viruses, spyware, adware and malware. In some circumstances removal of that code may result in you breaching a licence to use the host software which installed that code or certain host programs to cease operating. You agree to consult the terms of any licence agreement for the host program before authorizing the removal of any viruses, spyware, malware or adware associated with that program.
7.2 You accept all responsibility for the selection of this Software to meet your requirements. PC Tools does not warrant that the Software and/or the Documentation will be suitable for such requirements nor that any use will be uninterrupted and error free. You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by PC Tools which have not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by PC Tools.
7.3 PC Tools does not warrant that this Software identifies all known viruses, nor that the Software will not occasionally erroneously report a virus in a title not infected by that virus.
7.4 You hereby acknowledge that the Software cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by PC Tools. In particular, PC Tools does not guarantee that the Software will detect and/or remove all viruses, spyware, adware, malware, trojans, keyloggers and trackware, or locate all browser infections and tracking cookies on your computer.
7.5 In the event any statute implies terms into this Agreement which cannot be lawfully excluded, such terms will apply to this Agreement, save that the liability of PC Tools for breach of any such implied term will be limited, at the option of PC Tools, to any one or more of the following:
(a) the replacement of the Software to which the breach relates or the supply of equivalent software;
(b) the repair of the Software;
(c) the payment of the cost of replacing the Software or of acquiring equivalent software; or
(d) the payment of the cost of having the Software repaired.
7.6 The warranty in paragraph 7.5 above shall not apply if you (a) make or cause to be made any modifications to the Software without the consent of PC Tools, (b) use the Software in a manner for which it was not intended, or (c) use the Software other than as permitted under this Agreement.
7.7 If the liability of PC Tools for breach of any term, condition or warranty implied by law into contracts for the supply of goods and services ("Prescribed Terms") are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
7.8 Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms:
(a) PC Tools makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software; and
(b) You will not under any circumstances have any cause of action (whether or not arising from the supply or use of the Software or any breach of these terms) against, or right to claim or recover from, PC Tools, its suppliers, agents or employees for or in respect of any loss, damage or injury, including the following losses or damage (irrespective of whether such losses or damage were foreseen, foreseeable, known or otherwise):
(i) loss of revenue;
(ii) loss of actual or anticipated profits (including for loss of profits on contracts);
(iii) loss of the use of money;
(iv) loss of anticipated savings;
(v) loss of business;
(vi) loss of opportunity;
(vii) loss of goodwill;
(viii) loss of reputation;
(ix) loss of, damage to or corruption of data; or
(x) any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified above).
8 General.
8.1 The benefit of this Agreement shall not be dealt with in any way by you (whether by assignment, sub-licensing or otherwise) without PC Tools` written consent.
8.2 Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party`s rights under this Agreement.
8.3 This licence shall be governed by and construed according to the laws in force in Victoria, Australia. The parties hereby irrevocably submit to the jurisdiction of the courts of the State of Victoria, and their courts of appeal.