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. If the Software is downloaded from the mobile app stores 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, 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.
This License Agreement is a legal agreement between you (either an individual or a legal person) and Bitdefender for use of Bitdefender's Software identified above, which includes software and services for your devices, and may include associated media, printed materials, and "online" or electronic documentation (hereafter designated as "Software"), all of which are protected by international copyright laws and international treaties. By installing, copying or using Software, you agree to be bound by the terms of this Agreement.
SOFTWARE REGISTRATION
By accepting this Agreement, You agree to register Your Bitdefender BOX Software (“Software”). Registration requires a valid email address for installing and using the Software. You warrant that you are the legal owner of the Internet Service provided in your household where the Software will be set up and you have the legal rights to create your account.
You warrant that you have the administered parties’ consent to monitor their devices, get reports for dangerous websites blocked, get their devices’ locations and perform actions remotely that may limit or block use of their devices
You acknowledge that by installing this Software and connecting Bitdefender BOX to your network, you may experience Internet connectivity degradation or loss. The Software is used for a network device that is connected to other network devices in your household. You acknowledge that your connected devices may become non-responsive and/or lose functionality as a result of your use of the Software.
You as administrator have the right to monitor your devices, locate devices on map, enforce screen locks, wipe devices, scan traffic on all connected devices, and protect and manage devices remotely, including performing system updates, cleaning up devices, and blocking threats and exploits targeting managed devices in or outside the home network . Bitdefender shall not be held responsible for any damages resulting from privacy or data loss caused to you.
This Agreement covers the Bitdefender BOX Software licensed to you, including related documentation and any update and upgrade of the applications and software relying on the hardware delivered to you under the purchased subscription or any related service agreement as defined in the documentation and any copy of these items. The warranty for the hardware is provided separately within the package received with your initial purchase- Limited Hardware Warranty.
The Bitdefender BOX Product includes beside the Software, a hardware device that is set up and managed through the use of mobile applications. The Software offers security for traffic performed from and to all connected devices. The Software residing on the managed devices connects to a server-side infrastructure to send status information of the device and execute commands sent from the management applications.
The Software may allow you to track device locations, lock devices and/or delete all data available on connected devices. You may not use the services to gain unauthorized access, to upload, transmit, transfer data or information to Bitdefender or third parties by any means. You agree that your use of the Software will be in compliance with any laws which are applicable to you.
GRANT OF LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Software is licensed, not sold. This agreement only gives You some rights to use Software. Bitdefender reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use Software only as expressly permitted in this Agreement. Bitdefender hereby grants you and only you the following non-exclusive, limited, non-assignable, non-transferable, non-sublicensable and royalty-bearing license to use Software.
You will have certain rights to use the Software during the License Period, which shall begin on the date of Your initial installation of the Software and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Bitdefender’s distributor or reseller from which You obtained the Software. The Software 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 Software. You can use the Software for a single wifi network in a household.
During the installation process, the Software may uninstall or disable functionality of your router to enable compatibility with the Software. By accepting this Agreement, you understand that the Software may alter the functionality of your router to enable compatibility with the Software.
TERMS OF LICENSE
You will have certain rights to use the Software during the License Period, which shall begin on the date of Your initial installation of the Software and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Bitdefender’s distributor or reseller from which You obtained the Software. The Software 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 Software.
If you have agreed to permit Bitdefender’s reseller to automatically renew your subscription to Software by charging a valid credit card number which you have provided to Bitdefender reseller from whom you have acquired the Software, 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 Bitdefender's then-current price, excluding promotional and discount pricing. You must provide current, complete and accurate information for your billing account.
If the Software is purchased online the email address used to complete the purchase must be the one used to register the Software prior to installation. You acknowledge that the software will activate upon purchase confirmation and renewal of Software is applied to the account used for purchase.
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 Bitdefender’ resellers from where you have acquired the Software if your credit card is canceled (such as, but not limited to for loss or theft). If you fail to provide any of the foregoing information, you agree that Bitdefender resellers from whom you have acquired the Software may continue charging you for any subscription automatically renewed unless you inform Bitdefender's Customer Care department at http://www.bitdefender.com/site/Main/contactForm/ (or any other local number provided by the respective Bitdefender resellers in your region) not to renew your subscription to Software at least thirty (30) days prior to the expiration of your subscription to Software 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 Software and destroy all copies of Bitdefender and the Documentation.
UPGRADES
If Software is labeled as an upgrade, you must be properly licensed to use Software identified by BITDEFENDER as being eligible for the upgrade. A Software labeled as an upgrade replaces and/or supplements the Software that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded Software only in accordance with the terms of this License Agreement. IWf Software is an upgrade of a component of a package of software programs that you licensed as a single Software may be used and transferred only as part of that single Software package and may not be separated for use by other users. The terms and conditions of the new license agreement replace and supersede any previous agreements that may have existed between you and BITDEFENDER regarding the original Software or the resulting upgraded Software.
COPYRIGHT
All rights, titles and interest in and to Software and all copyright rights in and to Software (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into Software), the accompanying printed materials, and any copies of Software are owned by Bitdefender, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third Party License Terms are owned by their respective owners. Software is protected by copyright laws and international treaty provisions. Therefore, you must treat Software like any other copyrighted material. You may not copy or reproduce any materials accompanying Software. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Software exists. You may not sub-license, rent, sell, lease or share the Bitdefender license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for Software, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third Party License Terms, governing use of the third party software.
THIRD PARTY LICENSE TERMS
Portions of the Bitdefender BOX Software may utilize or include third party software and other copyrighted material listed in www.bitdefender.com/box/oss/ . Acknowledgements, licensing terms and disclaimers for such material and your use of such material is governed by their respective terms, listed in www.bitdefender.com/box/oss/.
TECHNICAL SUPPORT
Certain technical support features may be offered by Bitdefender for the license term of the Software and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote 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 Bitdefender'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, Bitdefender may determine that the technical issue is beyond the scope of the Technical Support. Bitdefender reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
LIMITED WARRANTY
BITDEFENDER’s warranty regarding the hardware is specified in EXHIBIT B- Hardware warranty. BITDEFENDER does not warrant that Software will be uninterrupted or error free or that the errors will be corrected. BITDEFENDER does not warrant that Software will meet your requirements.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY BITDEFENDER. BITDEFENDER 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, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INFRINGEMENT 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. Bitdefender 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.
DISCLAIMER OF DAMAGES
Anyone using, testing, or evaluating Software bears all risk related to the quality and performance of Software. In no event shall Bitdefender be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Software, even if Bitdefender 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 BITDEFENDER'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Software.
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.
CONSENT TO ELECTRONIC COMMUNICATIONS
Bitdefender may send you legal notices and other communications about the Software or other Bitdefender Products or use of the information you provide to Bitdefender and its resellers ("Communications"). Bitdefender 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.
PRIVACY POLICY
All the information on how the personal data is processed during the usage of the Bitdefender Solution and services is specified in the Bitdefender Privacy Policy. By accepting this Agreement, you understand that you have been notified about how your personal data will be processed according to the Privacy Policy for Home User Solutions published on: http://www.bitdefender.com/site/view/legal-privacy.html
DATA COLLECTION TECHNOLOGY
Bitdefender informs you that in certain programs or Software it may use data collection technology to collect technical information, to improve the Software, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the Software or the damages resulting from the malware programs.
Certain personal information given (name, email address,), during initial setup, if collected, will be used as an account name under which You may elect to receive additional services and/or under which You may use certain features of the Software.
You accept that Bitdefender may use such information as part of the services provided in relation to the Software and to prevent and stop the malware programs running on your device.
By accepting this Agreement, You acknowledge and agree that the security technology used can scan network traffic in an impersonal mode to detect malware and other threats and to prevent damage resulting from malware programs. You acknowledge and accept that Bitdefender may provide updates or additions to the Software which automatically download to your device. Similarly, for the purpose of contracting and using the program, you may be required to give Bitdefender certain personal data. Bitdefender informs you that it will treat your personal data in accordance with current applicable legislation and as established in its privacy policy.
From time to time, the Software may collect certain information from the devices on which it is installed or from your networking devices, which may include: IP and MAC addresses, information on potential security risks as well as URLs of websites visited that the Software deems potentially fraudulent., and others, that could contain personally identifiable information or confidential information that a potentially fraudulent website or program is attempting to obtain without Your permission. This information is collected by Bitdefender for the purpose of evaluating and improving the ability of Bitdefender’s Software to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information is gather anonymously and it will not be correlated with any personally identifiable information.
- URLs of websites visited. This information is collected by Bitdefender 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. This information is gather anonymously and will not be correlated with any personally identifiable information.
- Status information regarding installation and operation of the Software. This information indicates to Bitdefender whether installation of the Software was successfully completed as well as whether the Software has encountered an error. The status information could contain personally identifiable information if such information is included in the name of the file or folder encountered by the Software at the time of installation or error. The status information is collected by Bitdefender for the purpose of evaluating and improving Bitdefender's Software performance and installation success rate. This information is gather anonymously and will not be correlated with any personally identifiable information
- Information contained in a report that You may choose to send through or separate from the Software to Bitdefender when the Software encounters a problem. The report includes information regarding the status of both the Software and Your device at the time that the Software encountered the problem. The status information about Your device and network may include the network information (IP addresses, connection type, Internet Service Provider), and the operating system version for Your devices, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Software 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 Software encountered the problem.
This information will be sent to Bitdefender only with Your permission, and will not be sent automatically. The information is collected by Bitdefender for the purpose of improving Bitdefender's Software performance or statistic information. This information will not be correlated the encountered problem and with any personally identifiable information.
- The Internet Protocol (IP) address used by your networking device (router) or other identification of the device which is physically connected to the Software, as well as other general, statistical information used for license administration, Software analysis, and for improving Software functionality. This information is gather anonymously and will not be correlated with any personally identifiable information.
- Bitdefender can send actions on different applications used by you, as anonymous information to generate statistics, for providing information about the health and security of your device. The program statistics displayed are based on an average value of all the statistics submitted by Bitdefender users. This can assist you when making a decision about the future use or purchase of the programs. The information is collected anonymously.
In addition to Software registration information, Bitdefender must process and store certain information about Your network and equipment to provide Maintenance and related support services. To improve its Software, Bitdefender may also upload information periodically from installed Software about Software usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. The Software is not designed to capture or retain any personal or private information. You agree that Bitdefender may (i) use uploaded data from installed Software to improve Software 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. Bitdefender reserves the title, ownership and all rights and interest to any intellectual property or work Software resulting from its use and analysis of such information.
GENERAL
This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these Subscription Agreement shall be of the courts of Romania. Nothing in this Subscription 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.
This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country. You may also have rights with respect to the party from whom You acquired the Bitdefender Solution. This Agreement does not change Your rights or obligations under the laws of Your state or country if the laws of Your state or country do not permit it to do so.
Bitdefender and Bitdefender logos are trademarks of Bitdefender. All other trademarks used in the product or in associated materials are the property of their respective owners. The Subscription 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 Bitdefender or any resellers of Bitdefender as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
Bitdefender may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Bitdefender Solution distributed with the revised terms. If any part of these terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.
Bitdefender reserves the right to change the name of its Solutions in its sole discretion from time to time.
This Agreement has been originally prepared in the English. Although Bitdefender can provide translated versions of this Agreement for your convenience, the English language version of this Agreement will be the governing version of this Agreement in the case of any conflict or discrepancy.
Notwithstanding that this Agreement has been prepared by Bitdefender, you confirm that this Agreement constitutes the understanding of the parties and is intended to be construed i`n a manner that is consistent with the subject matter and activities contemplated by, and the terms and conditions of the Agreement. No rule of strict construction with respect to this Agreement shall be applied against either party.
Contact BITDEFENDER, at 15A, Orhideelor Street, Orhideea Towers Building , 9-12 floors, 6th District, Bucharest, Romania, or at Tel No: 40-21-206.34.70 or Fax: 40-21-264.17.99, e-mail address: office@Bitdefender.com.
Exhibit A- LIMITED HARDWARE WARRANTY