Viracure End User License Agreement
NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY.
BY OPENING THIS PACKAGE, BREAKING THE SEAL, BY SELECTING “I ACCEPT”, “OK”, “CONTINUE”, “YES” OR BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT BETWEEN YOU AND Woggle Trading Ltd (“Woggle”).
If the Software is downloaded from the websites (for paid or trial use purposes), this Agreement will be accepted and a contract formed when you selects an “I Accept”, “OK” or “Yes” button or box below prior to download or installation.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL OR ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR CUSTOMER SERVICE, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE THIRTY (30) DAYS PERIOD FOLLOWING THE DATE OF PURCHASE.
PRODUCT REGISTRATION. By accepting this Agreement, You agree to register Your Software. Registration requires a valid product serial number and a valid email address for renewal and other notices.
- The Woggle Account is necessary for the activation of the online features, as stated in the Product Documentation (“Documentation”).
- If you are under 18 years of age you should not download this Software. By registering, You represent that You are at least 18 years old.
- This License Agreement covers Woggle Products for home-users licensed to you, including related documentation and any update and upgrade of the applications delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items.
- This License Agreement is a legal agreement between you (either an individual or a legal person) and WOGGLE for use of WOGGLE’s software product (a rebranded BitDefender Software © BitDefender 1997-2015) identified above, which includes computer software and services, and may include associated media, printed materials, and “online” or electronic documentation (hereafter designated as “Woggle Product” or “Software”), all of which are protected by international copyright laws and international treaties. By installing, copying or using Woggle Product, you agree to be bound by the terms of this Agreement.
- You hereby agree that BitDefender® SRL, a Romanian limited liability company is a third party beneficiary that may enforce all rights of Woggle under this License Agreement as well its rights as owner of the WOGGLE Product (“Owner”).
- GRANT OF LICENSE. Woggle Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Woggle Product is licensed, not sold. This agreement only gives You some rights to use Woggle Product. Woggle reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use Woggle Product only as expressly permitted in this Agreement.
- Woggle hereby grants you and only you the following non-exclusive, limited, non-assignable, non-transferable, non-sublicensable and royalty-bearing license to use Woggle Product for the limited time period you paid for.
- You may not modify, decompile, disassemble, decrypt, extract, create derivative works of, or otherwise alter or reverse engineer the Woggle Product or Documentation any part thereof.
- You may not reproduce any Woggle Product or Documentation except as otherwise expressly provided herein. No provision of this License Agreement grants You any right to access any source code of any Woggle Product or any part thereof or the source code of any Woggle Product.
- You may not use Woggle Product or Documentation (or any portion thereof) for hosting, service provider or like purposes (for example, but not by way of limitation, offering services which utilize Woggle Product);
- Except to the extent expressly authorized under this License Agreement, you may not modify any part of the Woggle Product or Documentation, create a derivative work of any part of the Woggle Product, or incorporate the Woggle Product into or with other software.
- You may not publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Woggle Product or Documentation.
- You will have certain rights to use the Woggle Product during the License Period, which shall begin on the date of Your initial installation of the Woggle Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Woggle distributor or reseller from which You obtained the Woggle Product. The Woggle Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the Woggle Product.
- You can use one copy of the Woggle Product on a single computer. If a greater number of copies and/or number of computers is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the Woggle Product (Permitted Number), You shall have the right to copy the Woggle Product in accordance with such specifications; You can make one copy of the Woggle Product for back-up or archival purposes; If the Woggle Woggle Product supports multiple platforms or languages, if you receive the Woggle Product on multiple media, if you otherwise receive multiple copies of the Woggle Product, or if you receive the Woggle Product bundled with other software, the total number of your computers on which all versions of the Woggle Product are installed may not exceed the Permitted Number.
- During the installation process, the Woggle Product may uninstall or disable other security products if such products or features are incompatible with Woggle Product. You hereby waive any right for claim concerning any such uninstall or disable of any other software that is or will be installed in your computer.
- TRIAL LICENSE. If You are a trial user, You may use Woggle Product for evaluation or testing purposes in a non-production environment for thirty (30) days from the date You download Woggle Product (the “Trial Period”). During the Trial Period, You are entitled to web or email based technical support in the country where You are located only as specified below and to Updates (only as specified below), if applicable. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WOGGLE PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Your right to use Woggle Product ends when the Trial Period ends or earlier if You violate any term of this Agreement or any applicable law. Upon termination of the Evaluation Period, You must delete or destroy all copies of Woggle Product and documentation and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.
- TERM OF LICENSE. You will have certain rights to use the Woggle Product during the License Period, which shall begin on the date of Your initial installation of the Woggle Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Woggle authorized distributor or reseller from which You obtained the Woggle Product. The Woggle Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the Woggle Product.
- If you have agreed to permit Woggle to automatically renew your subscription to Woggle Product by charging a valid credit card number which you have provided to Woggle, your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than Woggle’s then-current price, excluding promotional and discount pricing. You
must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Woggle if your credit card is cancelled (such as, but not limited to for loss or theft). If you fail to provide Woggle any of the foregoing information, you agree that Woggle may continue charging you for any subscription automatically renewed unless you inform Woggle’s Customer Care department at firstname.lastname@example.org (or any other local number provided by the respective Woggle entity in your region) not to renew your subscription to Woggle Product at least thirty (30) days prior to the expiration of your subscription to Woggle Product and informing them of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of Woggle Product and destroy all copies of Woggle and the Documentation.
- UPGRADES. If Woggle is labelled as an upgrade, you must be properly licensed to use a product identified by WOGGLE as being eligible for the upgrade in order to
use Woggle Product. A Woggle Product labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If Woggle Product is an upgrade of a component of a package of software programs that you licensed as a single Woggle Product may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and WOGGLE regarding the original product or the resulting upgraded product.
- You agree that Woggle may provide updates or additions to the Woggle Product which automatically download to your computer. You agree to upload the executable files for the purpose of being scanned in order to enable the service provided by the Woggle Product.
- COPYRIGHT. All rights, titles and interest in and to the Woggle Product and all copyright rights in and to Woggle Product (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and “applets” incorporated into Woggle Product), the accompanying printed materials, and any copies of Woggle Product are owned by WOGGLE and or the owner of Woggle Product. Woggle Product is protected by copyright laws and international treaty provisions. Therefore, you must treat Woggle Product like any other copyrighted material. You may not copy the printed materials accompanying Woggle Product. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Woggle Product exists. You may not sub-license, rent, sell, resell, loan, lease, share or otherwise transfer, with or without consideration, the Woggle Product license. You may not reverse engineer, de/recompile, disassemble, create derivative works, modify, translate, or make any attempt to reconstruct or to discover the source code for Woggle Product or underlying ideas, algorithms, file formats, programming or interoperability interfaces. You may not permit third parties to benefit from the use or functionality of Woggle Product. You may not remove any proprietary notices or labels on Woggle Product. All rights not expressly set forth hereunder are reserved by Woggle.
- TECHNICAL SUPPORT. Certain technical support features may be offered by Woggle for the license term of the Woggle Product and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote computer access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such Technical Support shall be provided in Woggle’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, Woggle may determine that the technical issue is beyond the scope of the Technical Support. Woggle reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
- LIMITED WARRANTY. WOGGLE warrants that the media on which Woggle is distributed is free from defects for a period of thirty days from the date of delivery of Woggle to you. Your sole remedy for a breach of this warranty will be that WOGGLE, at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for Woggle. WOGGLE does not warrant that Woggle will be uninterrupted or error free or that the errors will be corrected. WOGGLE does not warrant that Woggle will meet your requirements.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WOGGLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WOGGLE PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY HIM. WOGGLE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS by filtering, disabling, or removing such third party’s software, spyware, adware, cookies, emails, DOCUMENTS, advertisements or the like, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Woggle is acting on behalf of its suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
- The Woggle Product, as provided under this Agreement, can contain features and functionalities that allows You to protect sensitive information on your computer. You will be required to provide a password in order to encrypt and rotect such information. You will not be able to recover the information you have encrypted if you lose or forget the password. You are aware that the level of encryption that can be used by the Woggle Product should protect your information from the average computer user; however, you acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. Woggle shall not be held responsible for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
- DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating Woggle bears all risk to the quality and performance of Woggle. In no event shall WOGGLE be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Woggle, even if WOGGLE has been advised of the existence or possibility of such damages.
- SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL WOGGLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR WOGGLE. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Woggle.
- We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
- IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
- UPDATES. By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving Updates of the Product through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving Woggle updates of signatures files.
- CONSENT TO ELECTRONIC COMMUNICATIONS. Woggle may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). Woggle will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
- DATA COLLECTION TECHNOLOGY- Woggle informs you that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the product or the damages resulting from the malware products. You accept that Woggle may use such information as part of the services provided in relation to the product and to prevent and stop the malware programs running on your computer and other programs that Woggle Product suspect to be harmful.
- By accepting this Agreement, You acknowledge and agree that the security technology used can scan the traffic in an impersonal mode to detect the malware and to try to prevent the damages resulting from the malware products. You acknowledge and accept that Woggle may provide updates or additions to the program or product which automatically download to your computer. By accepting this Agreement, You agree to upload the executable files for the purpose of being scanned by Woggle or the Owner’s servers. Similarly, for the purpose of contracting and using the program, you may have to give Woggle certain personal data. Woggle informs you that it will treat your personal data in accordance with current applicable legislation and as established in this End User License Agreement.
- Woggle product may collect certain information including personal identifiable information from the device on which it is installed, which may include: (a) Information on potential security risks as well as URLs of websites visited that the software and services deems potentially fraudulent; (b) URLs of websites visited as well as search keywords and search results (c) Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to Woggle while using the Woggle Product automatically without asking for specific consent. (d) Status information regarding installation and operation of the Woggle Product.; (e) Information contained in email messages that you send to us to report as spam or as incorrectly identified as spam; (f) Information contained in a report that You may choose to send through the Woggle Product when it encounters a problem. The report includes information regarding the status of the Woggle Product and Your computer at the time that the Woggle Product encountered the problem. The status information about Your computer may include the system language, and the operating system version for Your computer, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Woggle Product encountered the problem; (g) The Internet Protocol (IP) address of Your computer as other general, statistical information used for license administration, product analysis.
- From time to time, the Woggle Product may collect certain information from the computer on which it is installed, which may include: (a) Information on potential security risks as well as URLs of websites visited that the Woggle Product deems potentially fraudulent or harmful. The URLs could contain personally identifiable information that a potentially fraudulent or harmful website is attempting to obtain without Your permission. This information is collected by Woggle for the purpose of evaluating and improving the ability of Woggle’s products to detect malicious behaviour, potentially fraudulent or harmful websites and other Internet security risks. Unless as otherwise specifically described in the License Agreement this information will not be correlated with any personally identifiable information. (b) URLs of websites visited as well as search keywords and search results only if the browser toolbar feature is enabled. This information is collected by Woggle for the purpose of evaluating and advising You regarding potential threats and risks that may be associated with a particular Web site before You view it. Unless as otherwise specifically described in the License Agreement this information will not be correlated with any personally identifiable information. (c) Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to Woggle using the Woggle Product’s automatic submission function. The collected files could contain personally identifiable information that has been obtained by the malware without Your permission. Files of this type are being collected by Woggle only for the purpose of improving the ability of Woggle’s products to detect malicious behaviour. Woggle will not correlate these files with any personally identifiable information. Such automatic submission function may be deactivated after installation by following the instructions in the Documentation for applicable products. Status information regarding installation and operation of the Woggle Product. This information indicates to Woggle whether installation of the Woggle Product was successfully completed as well as whether the Woggle Product has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the Woggle Product at the time of installation or error. The status information is collected by Woggle for the purpose of evaluating and improving Woggle’s product performance and installation success rate. This information will not be correlated with any personally identifiable information. (d) Information contained in email messages that you send through the Woggle Product to Woggle to report as spam or as incorrectly identified as spam. These email messages may contain personally identifiable information and will be sent to Woggle only with your permission, and will not be sent automatically. If you send such messages to Woggle, Woggle will use them only for the purpose of improving the detection ability of Woggle’s antispam technology. Woggle will not correlate these files with any other personally identifiable information. (e) Information contained in a report that You may choose to send through the Woggle Product to Woggle when the Woggle Product encounters a problem. The report includes information regarding the status of both the Woggle Product and Your computer at the time that the Woggle Product encountered the problem. The status information about Your computer may include the system language, and the operating system version for Your computer, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Woggle Product encountered the problem. The information could contain personally identifiable information if such information is included in, or is a part of the name of the files or folders open at the time the Woggle Product encountered the problem. Unless as otherwise specifically described in the License Agreement this information will be sent to Woggle only with Your permission, and will not be sent automatically. The information is collected by Woggle for the purpose of correcting improving Woggle’s product performance. This information will not be correlated the encountered problem and with any personally identifiable information. (f) The Internet Protocol (IP) address of the computer on which the Woggle Product is installed, as well as other general, statistical information used for license administration, product analysis, and for improving product functionality. Unless as otherwise specifically described in the License Agreement this information will not be correlated with any personally identifiable information.
The collected information as set out above is necessary for the purpose of optimizing the functionality of Woggle’s products and may be transferred to affiliates of Woggle (collectively with Woggle shall be refereed as: “Woggle Group” in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but Woggle has taken steps so that the collected information, if transferred, receives an adequate level of protection.
- Woggle reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this Woggle Product This means that Woggle may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, Woggle may share certain information with research organizations and other security software vendors.
- Woggle may also use statistics derived from the information to track and publish reports on security risk trends. By using the Woggle Product, You acknowledge and agree that Woggle may collect, transmit, store, disclose and analyse such information for these purposes. You declare that all the data that you provide will be true and accurate and undertakes to inform Woggle of any changes to said data. You have the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
- In the event that you provide the details of a third-party, Woggle shall not be held responsible for complying with the principles of information and consent, and it shall therefore be you that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
- Woggle’s guarantees you the right to access, rectify, eliminate and object to the collection processing and use of data by notifying Woggle via e-mail at: email@example.com.
- In addition to Woggle Product registration information, Woggle must process and store certain information about Your network and equipment to provide Maintenance and related support services. To improve its products, Woggle may also upload information periodically from installed Woggle Product about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. The Woggle Product is not designed to capture or retain any personal or private information. You agree that Woggle may (i) use uploaded data from installed Woggle Product to improve products and services; (ii) use uploaded data for analysis or reporting purposes only if any such use does not identify You or include any information that can be used to identify any individual person. Woggle reserves the title, ownership and all rights and interest to any intellectual property or work product resulting from its use and analysis of such information.
- INDEMNFICATION. You hereby agree to indemnify, defend and hold Woggle and our affiliates, employees, officers, directors, stockholders, information providers, agents, consultants, licensees, licensors and BitDefender® SRL (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by You of this License Agreement.
- GENERAL. This Agreement will be governed by the laws of Cyprus and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Cyprus. Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
- In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
- Woggle and Woggle logos are trademarks of WOGGLE. All other trademarks used in the product or in associated materials are the property of their respective owners. The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from WOGGLE or any resellers of Woggle as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
- WOGGLE may revise these License Agreement at any time and the revised terms shall automatically apply to the corresponding versions of the Woggle Product distributed with the revised terms. If any part of these License Agreement is found void and unenforceable, it will not affect the validity of rest of the License Agreement, which shall remain valid and enforceable.
- In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by WOGGLE shall prevail.
- You specifically agree to submit any claim you have only within 3 months of the first date you suffered the damage or loss that entitles you the right to submit a claim.
- You undertake to avoid any defamation of WOGGLE its program and services as well as our officers, directors, employees and service providers.
- Feel free to contact WOGGLE, at firstname.lastname@example.org.
- Any claim or other legal notice must be sent to our address: Woggle trading ltd at 36 Ayias Elenis Street 4th floor, Office 403 Nicosia, 1061 Cyprus.