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End user license agreement Avira AntiVir Personal - Free Antivirus

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Note to users: Please read through the following agreement carefully. By installing the software, you explicitly agree to be bound by the terms of this agreement. If you do not accept the terms of this agreement, you may not use the software.

This free Avira AntiVir Personal - Free Antivirus is intended exclusively for private use on a single workstation. You may copy the complete program package and pass it on to others for private use only.

The free Avira AntiVir Personal - Free Antivirus may not be used for commercial or professional purposes.

§1 Subject matter of this agreement

1) This agreement refers to the computer programs (hereinafter referred to as "Software"), program specifications and user manual.

2) The user is granted the right to use the Software free of charge.

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4) Avira GmbH only offers this Software for downloading from its server. Avira GmbH does not offer the transfer of this Software to the user's computer.

§2 Scope of use

The Licensor grants the Software user (hereinafter referred to as the "Licensee") a sole, non-exclusive, personal right (hereinafter referred to as the "License") to use the Software on one computer system and in one location only as detailed below:

1) The Licensee may install the Software on a private personal computer, load it into the user memory and run it accordingly.

2) The Licensee may use the Software only for private purposes. Educational establishments and non-profit making organizations are deemed to be commercial or business organizations. Similarly, the Software may not be used in a home office for commercial or business purposes.

3) The Licensee may copy the complete Software package in order to pass it on to a third party provided he/she does so free of charge, leaving the brand name, logo and copyright notice intact and drawing attention to these terms of use.

4) The Licensee may make one back-up copy of the Software.

§3 Special restrictions

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1) to reproduce the Software in whole or in part on the same or other media outside the limits indicated in §2;

2) to separate the components of the Software in order to use them on more than one computer;

3) to modify, translate, reverse-compile, decompile, disassemble or generate works derived from the Software, or to reproduce, translate or modify the written material or generate works derived there from;

4) to pass on, rent or lease the Software to a third party for business purposes, or to use it in any other form for commercial purposes. This also applies to copies of the Software;

5) to pass on the Software or copies thereof to a third party in return for payment. This software package may not be distributed on commercial data media (e.g. sampler CDs, shareware CDs, as OEM versions) without the permission of the Licensor.

§4 Ownership of rights

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2) The Licensee is only granted an individual, private right to use the Software. This does not imply a conferral of any rights to the Software itself. The Licensor reserves all rights of publication, reproduction, editing and utilization for the Software.

§5 Term of the agreement

1) The agreement is concluded for an indefinite period. The Licensee’s right to use the Software shall end automatically without notice in the event of non-compliance with any of the provisions of this agreement.

2) On termination of the right of use, the Licensee is obliged to uninstall the Software from his/her computer system. The Licensee also undertakes to destroy all copies of the Software together with all written material and all copies thereof, including any modified copies.

§6 Warranty

The right to use this Software is granted to the Licensee free of charge. It is not therefore subject to any sales or other warranty legislation. The Licensee accepts this program in its currently available form, and is consequently not entitled to bring any warranty claims.

§7 Liability

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2) Claims for damages against Avira GmbH are excluded irrespective of their legal basis, including but not limtited to claims based on grounds of delayed performance or frustration, breaches of advisory and contractual obligations, pre-contractual obligations, a default in performance, breaches of third-party intellectual property rights and unlawful acts, unless Avira GmbH has acted with intent or gross negligence or unless the damage claim results from the failure to ensure a warranted feature.

3) To the extent that Avira GmbH is liable, the claim for damages shall be limited to foreseeable loss. Compensation for consequential damage such as loss of profit is excluded in all cases. This limitation clause shall not apply if the event giving rise to the damage was caused with intent or gross negligence by one of its legal representatives or management level employees.

4) All claims for damages against Avira GmbH shall expire by limitation six months after the receipt of the Software. This does not apply to claims arising from unlawful acts.

5) These provisions do not apply to claims arising from product liability legislation.

§8 Obligation to mitigate loss

1) The Licensee is explicitly reminded that he/she must make back-ups of the data on his/her computer at adequate, regular intervals (normally once a week). Failure to do so shall constitute a breach of the Licensee’s obligation to mitigate loss, and Avira GmbH shall not be liable for any resultant loss.

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§9 Contractual amendments and protective clause

1) These terms of use apply in the currently applicable version as published on the website [www.free-av.de].

2) These General Terms of Use shall still form part of the agreement even if they differ from those of the Licensee, even where not expressly contradicted by Avira GmbH.

§10 Choice of law

All legal relations between the parties, including matters relating to torts, shall be subject to the law of the Federal Republic of Germany. The place of jurisdiction shall be Tettnang.

§11 Final provisions

1) All modifications of or amendments to this agreement, including this clause, must be made in writing.

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3) This agreement is subject to the law of the Federal Republic of Germany. The place of jurisdiction shall be the domicile of the Licensor. All matters relating to the validity, interpretation and fulfillment of the contractual provisions including but not limited to matters relating to torts shall be settled at the place of jurisdiction of the Licensor in the Federal Republic of Germany.

4) This agreement has been prepared in the German language. The German language version shall govern this agreement and any translation of this agreement shall be for convenience only. In the event that any part of a translation of this agreement differs from the German version, the German version shall supersede the translation.

Should you have any queries regarding this license agreement, further information can be found at www.free-av.de. If you wish to contact the Licensor for any other reasons, please send an email to sales@avira.com or write to:

Avira GmbH,

Lindauer Strasse 21

D-88069 Tettnang

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