F-SECURE® LICENSE TERMS (July 2013)
IMPORTANT – BEFORE INSTALLING OR USING THE F-SECURE SOFTWARE, CAREFULLY READ THE FOLLOWING LEGAL TERMS ("TERMS"). BY SELECTING THE ACCEPTING OPTION, OR BY INSTALLING, COPYING OR USING THE SOFTWARE OR SOFTWARE-BASED SERVICE YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT INSTALL, USE OR COPY THE SOFTWARE.
These Terms cover any and all F-Secure programs and software based services and web applications licensed by or made available to you, including support tools, web portals directly supporting your use of the Software, related documentation and any updates and upgrades to any of above (together the "Software"). These Terms also apply to such programs that are made available to you under the purchased license or related service agreement where these Terms are specifically appended. You acknowledge and accept that the Software is subject to specific limitations such as purpose of use and certain technical requirements including but not limited to operating system, storage space, geographical location or network connectivity.
Subject to the payment of applicable license fees and subject to the following terms and conditions, you have been granted a non-exclusive, non-transferable right to use the specified Software for a specified time period as separately agreed between yourself and F-Secure or its distributors. F-Secure and its licensors reserve any and all rights not expressly granted to you.
A) install and use the Software only on as many units (typically handheld devices, personal computers, servers or other hardware, jointly referred to as "Device") as stated in the Software, F-Secure License Certificate, applicable invoice, product packaging or agreement where these Terms have been appended. If the Software and/or its services are shared through a network or the Software is used to filter traffic at servers, firewalls or gateways, you must have a license for either scanning capacity or for the total number of users whom the Software provides services to. In such cases you may install the Software on as many units as needed;
B) create copies of the Software for installation and backup purposes only; and
C) extend the number of licenses by purchasing more licenses.
FREE LICENSE AND EVALUATION LICENSE
This chapter applies when you use, download or install a trial, beta or freeware version of the Software or you are granted a license by F-Secure or its distributor expressly for evaluation purposes. Such licenses are always granted on non-exclusive and non-transferable basis. Software (as well as related services) licensed under these schemes are more prone to changes than those licensed under commercial licenses and may have enhanced usage analysis and advertising features. You acknowledge that because the license is non-chargeable; (i) F-Secure have no obligation to provide support or maintenance services, and (ii) F-Secure may at any time terminate your license to the Software, the availability thereof, any of its features, limit or readjust the quota available to you or convert free features to chargeable. Even if you purchase added features to such Software, the above applies to the whole. The above changes or a prolonged period of inactivity may also lead to deletion of or limiting the access to your content managed via the Software. Where such changes effect your use of the Software, you shall be separately notified. This type of license is granted either on a time-limited basis or until terminated by a separate notification. Where the license is granted on a time-limited basis; the license is granted for the sole purpose of evaluating the Software and only for a specified trial period, which will begin on the date that the Software is first downloaded by or delivered to you. After the specified time period you must either buy the Software license from F-Secure or its distributor, or destroy and stop using the Software.
LICENSE FOR FREE TOOLS
A non-commercial license is applicable when you use, download or install a Software made available to you by F-Secure or its distributor to be used as a supplementary or case-specific tool. Such Software is licensed to you only for a limited period as a non-exclusive, non-transferable license and is not intended for continuous content security or for other long-term purposes. F-Secure reserve the right to end the ability to use this type of Software at any time and is under no obligation to provide support or maintenance services.
You may not:
A) install and use the Software against these Terms, the F-Secure License Certificate or other related documentation;
B) distribute copies of the Software to a third party, electronically transfer the Software to a computer belonging to a third party, or permit a third party to copy the Software, except and to the extent where such activity is expressly stated in related documentation;
C) modify, adapt, translate, rent, lease, resell, distribute or create derivative works based upon the Software and/or related files (including but not limited to databases, news, descriptions or any other content) or any part thereof;
D) decompile, reverse engineer, disassemble, or otherwise reduce the Software and/or related files (including but not limited to databases, news, descriptions or communications between applications) to any human-perceivable form (except to the limited extent permitted under mandatory copyright legislation) as the Software contains or may contain trade secrets of F-Secure and its licensors;
E) use the documentation for any purpose except to support your use of the Software;
F) disclose the license authorization code provided for the application installation (including but not limited to subscription key) to any third party;
G) use the Software or any portion thereof to implement any product or service to operate on or in connection with the Software for any other purpose than for which the Software is provided; or
H) where the Software includes an Automatic Update Agent component, use such component to publish, distribute and/or obtain software or content (i) not specifically related to F-Secure products and/or services and (ii) not security-related (or any updates to any such software or content).
Please contact F-Secure directly if you are interested in any other rights to the Software than those granted in these Terms.
Title, ownership rights, and intellectual property rights in the Software shall remain with F-Secure and/or its licensors. The Software is protected by copyright laws and international copyright and other intellectual property treaties.
OPEN SOURCE LICENSES
You acknowledge that certain components of the Software may be covered by so-called "open source" software licenses ("OSS Licenses"), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without any limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format ("Open Source Components"). In respect of the Open Source Components, the following stipulations shall apply; i) to the extent expressly required by the OSS licenses, the terms of relevant OSS licenses (including in particular the scope of license as well as disclaimers of warranties and liabilities) shall apply to the respective Open Source Component(s) in lieu of these Terms and ii) to the extent the applicable terms of OSS Licenses prohibit any of the restrictions in these Terms such restrictions will not apply to respective Open Source Components. Such OSS Licenses relating to respective Open Source Components are located at the installation directory of the Software or in such other place as indicated in the Software, when so required by the terms of OSS Licenses.
LIMITED WARRANTY AND DISCLAIMERS
Limited Warranty on Media. F-Secure warrants the physical media, if any, produced by F-Secure on which the Software is recorded to be free from defects in material and workmanship under normal use for 30 days from the date of delivery. F-Secure does not give any warranties on media if the Software is delivered bundled in or with a third party Device. Any implied warranties on the media, including implied warranties of merchantability and fitness for a particular purpose, are limited in duration to 30 days from the date of delivery. F-Secure will, at its option, replace the media or refund the purchase price of the media. F-Secure shall have no responsibility to replace or refund the purchase price of media which is damaged by accident, abuse, or misapplication.
Disclaimer of Warranty on Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY. F-SECURE, ITS LICENSORS AND DISTRIBUTORS DO NOT GUARANTEE THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. F-SECURE AND ITS LICENSORS AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND RELATED DOCUMENTATION.
Complete Statement of Warranty. The limited warranty on media provided in the paragraph above is the only warranty that is made by F-Secure. No oral or written information or instructions given by F-Secure, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of the foregoing limited warranty and you may not rely on any such information or instructions. Some jurisdictions do not allow the limitation or exclusion of express or implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
Limitation of Liability for Certain Categories of Damages. IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL F-SECURE, ITS EMPLOYEES, ITS LICENSORS, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, FILES, DEVICE OR APPLICATION FAILURE OR MALFUNCTION OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF F-SECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Aggregate Liability. F-SECURE'S, ITS LICENSORS' OR ITS DISTRIBUTORS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. IN CASE OF DAMAGE RESULTING FROM A FAILURE OF THE SOFTWARE LEADING TO LOSS, CORRUPTION, UNAUTHORIZED DISCLOSURE OR EXTENDED UNAVAILABILITY OF THE CONTENT, THE LIABILITY SHALL BE EXPRESSLY LIMITED TO THE AMOUNT PAID FOR YOUR LICENSE TO THE SOFTWARE FOR SIX MONTHS IMMEDIATELY PRECEDING SUCH FAILURE.
Unalienable Consumer Rights, Beneficiaries to Terms. Some jurisdictions 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 or may apply to you only in part. Nothing contained in these Terms shall prejudice the statutory rights of any party dealing as a consumer. F-Secure is acting also on behalf of its employees, distributors, licensors, suppliers and affiliates to disclaim, exclude and restrict obligations, warranties, and liability as provided in these Terms, but in no other respects and for no other purpose.
Limitation of Liability under German and Austrian Laws. In respect of licenses purchased by consumers residing in Germany or Austria, the following limitations of liabilities shall apply in lieu of sections 1 and 2 above: Concerning claims for damages, claims for compensation of expenses and other liability claims, whether arising in contract, tort, breach of statutory duty or otherwise under this license the following applies: F-Secure, its licensors, its distributors or its suppliers shall be liable without restriction for i) damage caused intentionally or through gross negligence, ii) for claims according to the German/Austrian Product Liability Act and iii) in the case of violating life, body or health. In case of simple negligence, the following applies: F-Secure, its licensors, its distributors or its suppliers shall only be liable insofar as it has breached an essential contractual obligation (cardinal contractual obligation). This liability shall be restricted to the contractually typical and foreseeable damage in the case of material and pecuniary damages.
In addition to other terms herein, the following specific terms and conditions apply to Software with content synchronization and backup features.
Purpose. The content management Software is made available to you for the purpose of backing up, transferring, viewing, editing, adapting, copying, synchronizing and sharing (jointly "managing") content (i) that is located on your device and on designated external services, (ii) for which you hold the reproduction and/or communication rights and (iii) that is not illegal under applicable laws. The Software is not an archiving software.
Limitation on Use. The Software is intended to be used for managing only individual files of certain commonly used desktop applications, for example document, photo and video file types. The Software may also be used to manage files / data in third party services, but it does not back-up files from such sources. The Software management capabilities may vary from one Device to another. The Software is not intended to be used to manage (i) content from/made available through corporate network services, (ii) programs, (iii) operating systems or (iv) data formats commonly held on servers such as but not limited to databases. You shall refrain from using the Software from backing up content that is not primarily located and stored on your Device and/or internal computer hardware (e.g. external storage devices or content stored on an internal and/or external network). Operations are carried out by the Software automatically by default during a determined period depending on related technical constraints and thus no guarantee is provided for specific period of time during which the backup operations may be finalized.
Data Transfer Costs. You acknowledge that use of Software may result in additional data transfer costs. Such added costs may vary based on type of Device / connection / operator network and you, not F-Secure, are responsible for such costs.
Permissible Content. You will refrain from managing any i) illegal or infringing content ii) any unlawful, offensive, abusive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material or iii) any content that is against the permissible content guidelines maintained by the operator from whom you have acquired the Software. You specifically agree to strictly abide by the provisions of the applicable copyright laws and warrant that you have necessary rights and consents where you share content to third parties. IN THIS RESPECT, YOU ARE REMINDED THAT ANY REPRODUCTION, COMMUNICATION OF A WORK AND/OR ANY BROADCASTING OF A PERFORMANCE, AN AUDIO RECORDING OR A VIDEO RECORDING MADE WITHOUT AUTHORIZATION MAY CONSTITUTE AN OFFENCE OR A COPYRIGHT INFRINGEMENT. You alone shall be responsible for the content managed via the Software and more generally for your use of the Software. You are informed that F-Secure and its distributors co-operate with appropriate authorities in regards to illegal or infringing content shared or transferred by you and are entitled to cease or prevent your use of the Software for such activities and remove such content or access to it.
Indemnity. You shall indemnify, defend and hold harmless F-Secure, its licensors, distributors, suppliers (collectively the "Indemnitees") against (i) any and all costs, charges, claims, damages, liabilities incurred and/or proceedings taken against any of the Indemnitees, including without limitation outside legal counsel and consultants fees, resulting from illegal conduct and/or violation of rights of third parties, and/or (ii) any damage that you may cause through your use of the Software.
Security and Access to Content. You are informed that while efforts are taken to make access to and transfer of content secure against third party intrusion, F-Secure provides no guarantees against intrusions due to unlawful interception of data transfers, security breaches on data repositories, incorrect or incomplete implementations of security measures on user Devices or browsers. You are responsible for managing your content, including the access permissions to the content. When you are sharing your content, anyone receiving your copy of the sharing link may access the files you have shared. F-Secure or its distributors shall not be held liable for unauthorized access by third parties to the content you share or store through your use of the Software.
Personal Data. To provide you with the services related to the Software and for customer relationship purposes, F-Secure may need to collect and process personal data that relates to your use of the Software and other related services. Such collected personal data typically consists of i) data you actively send to us (e.g. contact / registration information, information disclosed to solve a support issue) and/or ii) data automatically collected by the Software or triggered by your use of particular features (e.g. license/ Device/ software information, phone number, information on your user account activity, geographic location of your Device).
Your Content. The above also applies to content that you manage or back-up via Software. F-Secure restrict its visibility to your content and treats it as private, except for specific cases where F-Secure have a legally established need to access.
Technical Data and Security Data. For F-Secure to provide you with the services related to the Software and to further develop them; the Software has to collect data relating to software applications, Internet, your Device, your content and use of the above. Such data is typically collected in the form of object security data, analysis data, statistics, file metadata, location data and other similar data. This type of data is aggregated or otherwise made anonymous whenever feasibly possible.
Analytics Data. For F-Secure to maintain, develop and enhance the Software and related services; data on performance, environment, usage of the Software and your feedback on the same may also be collected by the Software. This type of data is aggregated or otherwise made anonymous whenever feasibly possible.
Transfers. F-Secure may further disclose or transfer any of the above data to its affiliates, sub-contractors, distributors and operator partners. Such parties may be located in the EEA or outside the EEA. Any transfer of data is done in a secure manner. F-Secure may also process and disclose data where it is necessary to do so to pursue legitimate interests in accordance to applicable laws.
More Information. The collected data varies per Software. You can find more detailed information on personal data processing and contact information in relevant F-Secure privacy policies. F-Secure privacy policies can be found via product user interface or in privacy-section of F-Secure website.
AUTHORIZATIONS FROM YOU TO F-SECURE
For the Software to function as intended, you assign F-Secure to do the following where it is necessary for providing the related Services to you.
Security Operations. You authorize F-Secure, on your behalf, to copy suspicious files containing executable code from your Device or from your third party service accounts linked to Software to F-Secure backend systems, so F-Secure can more effectively analyse them for malicious activity.
Conveying Your Files. Where you are causing the content to be backed up, transferred, copied, duplicated, adapted, altered, utilized, synchronized or published through your use of the Software, you acknowledge that F-Secure (and/or F-Secure's operator partner, as applicable) may also need to process the same content on your behalf for the Software to function. To that effect; you grant F-Secure (and/or F-Secure's operator partner, where applicable) a license to process the content to the extent necessary to enable us to provide you with applicable content management services. You will retain the control of your content.
Suitability. The Software is subject to certain functional restrictions as informed by F-Secure (or by F-Secure's distributor from whom you have acquired this license) from time to time. You hereby acknowledge and confirm that you have checked its suitability for your own requirements before registering for the Software.
Changes. F-Secure are constantly improving its services. F-Secure reserve the right to modify features or functionality of the Software. F-Secure do such things to provide you with better products or services, to adjust the Software to changes in the market or regulations, to take into account any subsequent technical constraints or for other similar, valid reasons. Hence, F-Secure need to upgrade and make changes to the Software from time to time. Such changes may include adding new features or dropping existing features. You should use the latest version of the Software for optimized security and usability. F-Secure reserve the right to end the maintenance and support for certain versions or for certain operation systems of the Software in accordance to its product life cycle practices. As most F-Secure Software are reliant on frequent updates, this may lead to Software becoming inoperable. Use of Software, for which the maintenance is discontinued, is not recommended and such use is entirely at your own responsibility. More information on product life cycle practices is available on F-Secure website. As the Software is likely to evolve and change during your subscription, F-Secure may need to revise these Terms in connection of update and the revised Terms shall automatically apply to the corresponding versions of the Software 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.
Availability. You are informed and hereby accept that all or part of the Software may be temporarily unavailable / nonoperational for repairs, upgrades, maintenance or for reasons beyond F-Secure's reasonable control (force majeure). F-Secure, its licensors or its distributors shall not be held liable for the consequences of such interruptions and shall undertake to restore the availability / operation of the Software as rapidly as reasonably possible, depending on the technical constraints encountered.
Termination. Without prejudice to any other rights of termination or expiration in these Terms or under contract or law; your license to the Software will end immediately without notice if you are in breach of any of these Terms or use the Software's functions for purposes other than those indicated in official documentation. Where F-Secure observes that you are using the Software i) in breach of these Terms, ii) other applicable terms or iii) its intended purpose, iv) in a manifestly excessive manner, or v) in a manner that could jeopardize its use by a third party (e.g. by monopolizing the access bandwidth); F-Secure reserve the right (i) not to renew your license, (ii) limit your use of the Software and/or part thereof (such as diminishing any available storage space) and/or (iii) terminate the license. In case of termination of the agreement between F-Secure and F-Secure's distributor providing you with the Software, F-Secure or its distributor shall have the option to notify you on premature termination of your license. You shall not be entitled to a refund, damages or other compensation from F-Secure because of such termination. The Terms on restrictions on use shall survive any termination.
Export Restrictions. You acknowledge and agree that the Software may be subject to restrictions and controls imposed by national laws and regulations, including but not limited to European Union export regulations or the United States Export Administration Act (collectively "Export Rules"). You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country for which such export is prohibited under the Export Rules and the regulations thereunder, nor will it be used for any purpose prohibited by the same. By using the Software, you are acknowledging and agreeing to the foregoing, and you are representing and warranting that you will comply with the Export Rules when either exporting or re-exporting or importing the Software or any underlying information technology. Further, you represent and warrant that you are not a national of any US embargoed country, or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals.
U.S. Government License Rights. If this license is acquired for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), you acknowledge that the Software and the documentation are "commercial computer software" and respectively "commercial computer software documentation" as those terms are defined for purposes of the Federal Acquisition Regulations (FARs) in the case of procurement by civilian agencies (48 C.F.R. 2.101) and the Department of Defense Federal Acquisition Regulation Supplement (DFARS) in the case of procurement by units of the Department of Defense (48 C.F.R. 252.227-7014(a)(1) and (5)). Consistent with 48 C.F.R. 12.212 of FARs and 48 C.F.R. 227.7202 of DFARS and other applicable regulations, any use, modification, reproduction, release, performance, display, disclosure or distribution of the Software and documentation by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
High Risk Activities. The Software is not fault-tolerant unless expressly stated in product documentation and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). F-Secure and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Governing Law. Unless otherwise stated below, these Terms shall be governed under the laws of Finland without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sale of Goods. The courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms. In the case of licenses purchased within or on behalf of licensees residing within the United States or operating under the laws of the United States the governing law of these Terms shall be the laws of the State of California without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sale of Goods. In such cases, the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms shall be of the federal and state courts located in California. In respect of licenses purchased by consumers residing outside Finland or the United States, these Terms may be governed by the mandatory local laws of such jurisdictions. Where F-Secure should elect not to insist upon enforcing its rights in line with these Terms, this shall not be interpreted as a waiver of F-Secure's right to enforce the same in the future.
If you have any questions on these Terms or if you would like to contact F-Secure for any other reason, please write: F-Secure Corporation, PL24, FI-00181 Helsinki, Finland, e-mail: firstname.lastname@example.org or call: +358 9 2520 0700.