1. Your use of avgthreatlabs.com website
- You are not required to accept these terms but, unless and until you do, you will not be authorized to use the Services.
- You shall not, and shall not permit any third party to, (i) use the Services in a manner not permitted by applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries), (ii) access (or attempt to access) any of the Services by any means other than through the interface that is provided by AVG Technologies, unless you have been specifically allowed to do so in a separate agreement with AVG Technologies, and you specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers), (iii) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), (iv) reproduce, duplicate, copy, sell, trade or resell the Services for any purpose (v) transfer, pledge, rent, share or sublicense the Services unless you have been specifically allowed to do so in a separate agreement with AVG Technologies.
3. Provision of Services
- AVG Technologies may from time to time update the Services in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which AVG Technologies provides may change from time to time without prior notice to you.
- As part of this update process, you acknowledge and agree that AVG Technologies may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at AVG Technologies sole discretion, without prior notice to you. You may stop using the Services at any time.
- You acknowledge and agree that while AVG Technologies may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by AVG Technologies at any time, and at AVG Technologies sole discretion.
- AVG Technologies reserves all rights in the Services not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Services are owned by AVG Technologies or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Unless agreed otherwise in writing by AVG Technologies, nothing in this agreement gives you the right to use any of AVG Technologies trade names, trade marks, logos, domain names and other distinctive brand features. You agree you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY AND WITHOUT SUPPORT OR OTHER SERVICES BY AVG TECHNOLOGIES.
- Disclaimer. AVG TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. AVG TECHNOLOGIES DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. Some jurisdictions do not allow limitations on certain implied warranties, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
6. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVG TECHNOLOGIES OR ITS SUPPLIERS, RESELLERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, EVEN IF AVG TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVG TECHNOLOGIES LIABILITY RELATED THE SERVICES EXCEED US $5.00. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
AVG Technologies may at any time, terminate its legal agreement with you if:
- you have breached any provision of this agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
- AVG Technologies is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- AVG Technologies is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by AVG Technologies is, in AVG Technologies' sole opinion, no longer commercially viable.
- Complete Agreement. This Agreement constitutes the complete Agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.
- Export Controls. You acknowledge that portions of the Services may be of U.S. origin. You agree to comply with all applicable U.S. and international laws governing export and reexport of the Services, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
- Amendments, Waiver. This Agreement may not be modified or changed in whole or in part in any manner other than by an Agreement in writing duly signed by both parties hereto or by a further electronic agreement presented by AVG Technologies and accepted by you. AVG Technologies failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- Governing Law. This Agreement will be governed by the laws of the State of Delaware. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The exclusive jurisdiction for any dispute will be state or federal courts sitting in the State of Delaware.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.