Conditions of Use of the Service

Please read the present Conditions of Use of the Service (hereinafter “Conditions of Use”) carefully before using the Panda Malware Radar audit services (hereinafter “the Services”). By accepting these conditions, you are agreeing to become the licensee and expressing your complete acceptance of all the terms of the Conditions of Use. If you do not accept these terms, do not use the Services nor install the software needed to use them. Similarly, use of the Services implies your acceptance to be bound by the terms of the Conditions of Use.

These Conditions of Use regulate the relationship established between Panda Security, S.L. (hereinafter Panda), with registered premises at Buenos Aires 12, 48.001 Bilbao, and yourself with respect to the provision of the Services. The Services will offer the functions and characteristics established at any time on the Services website.

Use of any of the Services is subject to the present Conditions of Use and implies full acceptance of each and every one of the legal conditions published by Panda at the time that you use the Services.

Similarly, use of any of the Services implies acceptance by the licensee of the Conditions of Use of the website, General Terms and Conditions and Privacy Policy (hereinafter the "Legal Notice") available at the URL http://www.pandasecurity.com/enterprise/media/legal-notice/ which will apply to the extent that they do not contradict the present Conditions of Use.

The acceptance of the present Conditions of Use does not confer any rights not specified in the Conditions of Use to the licensee over the applications belonging to Panda or its software suppliers.

The characteristics of the Services may undergo changes or technical improvements.

Similarly, Panda reserves the right to modify the present Conditions of Use without prior notice.

1.- LICENSE GRANT.- Panda grants you the non-exclusive and non-transferable right to use the Service s during the period contracted and under the conditions established by Panda with respect to the specific services you have contracted.

In the case of trial version of the Service s , you may only use this version under the conditions and with the limitations indicated by Panda. In order to use the trial version in any way other than that indicated by Panda, you must have prior written permission from Panda. With respect to the trial version, none of the guarantees offered by Panda in the present Conditions of Use will apply.

This license agreement grants you the right to use the program o n as many computers and/or servers as licenses bought and in accordance with the conditions that apply to the specific services you have contracted.

2.- INTELLECTUAL PROPERTY.- The Services, as well as any corresponding applications, documentation and/or information, are the exclusive property of Panda. Panda owns all intellectual property rights and copyrights pertaining to the programs, applications, documentation or any other work related to the Services.

The Services, applications, documentation and/or corresponding information are protected by copyright laws, patents and international copyright treaties, in addition to the dispositions of laws and treaties applicable to the protection of intellectual property rights.

Panda authorizes the use of its applications in comparative reviews provided that these are objective and carried out in good faith and in accordance with accepted or customary industry practices. These reviews may only be carried out using the latest versions concerned.

3.- MODIFICATIONS TO PRODUCTS AND SERVICES.- You know and accept that during that the contracted period , Panda may alter and consequently improve the contracted Services to adapt to technological advances.

You agree to accept these changes without demanding any compensation whatsoever. Panda will notify you of any such changes.

Similarly, when the contracted period has elapsed, in cases of renewal, you shall be aware that the Services may have been modified to adapt to technological advances and that you would have to change to a new version of the Services according to the policy established by Panda.

By accepting the present Conditions of Use, you accept any such modification s to the Services. Please check all such modifications before accepting the Conditions of Use.

4.- REPORTS.- Depending on the specific services you have contracted, Panda may offer you access to a series of reports regarding the service.Panda cannot control how you use the information you acquire through these Services and will therefore not be held responsible for damages, whether direct or indirect, which could be the consequence of , or arise from , the use of said information by yourself or third parties other than Panda.

5 .- BACKUP COPY. These Conditions of Use authorize the creation of one backup copy of the file downloaded from the Internet, provided that such copy contains all corresponding notices of software property rights.

6.- DATA COLLECTION AND PROCESSING.- Panda informs you that in certain products and/or services, it may use data collection technology to collect technical information to improve the products, to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the product. You accept that Panda may use such information as part of the Services provided. You also acknowledge and accept that Panda may provide updates or additions to the software which automatically download to your computer.

Similarly, for the purpose of the provision of the Services, you may have to give Panda certain personal data. Panda informs you that it will treat such personal data in accordance with current applicable legislation and as established in its Privacy Policy. You may access this Privacy Policy at the following address: http://www.pandasecurity.com/enterprise/media/legal-notice/#e10.

7.- USE OF THE SERVICES.- You undertake to use the Services at all times correctly and diligently, in accordance with law and accepted moral standards, and refrain from using the Services for illegal purposes or purposes expressly prohibited by these Conditions of Use or purposes whose effects may infringe upon the rights or interests of third-parties. You undertake to refrain from using the Services for any purpose that could damage, overload, harm or impede the normal functioning of the computers or services of other users, or that could similarly affect their documents, files or any type of content stored on their computers, or that could prevent the normal use of said services, computers, documents, files, or content by third parties.

8.- LIMITED WARRANTY. Panda guarantees that the Services will fulfil l their principal designed functions in accordance with the written material and/or the Help file that accompany the Services for ninety days (90) from the date they are contracted , without prejudice to any applicable consumer protection legislation. During this period, and provided you have completed the online registration, Panda guarantees that the Services will fulfil l their principal designed purposes and commits itself to solve the problems that affect their performance to this effect, with the means and in the time Panda considers appropriate in accordance with its own criteria. Panda will not be responsible for defects that external technical equipment might cause to the performance of the licensed software.

9.- DISCLAIMER.- The warranty established in the present Conditions of Use does not cover improper use or unauthorized modification of the Services.

Panda will not be held responsible by any person or entity regarding any damage or loss allegedly caused by the use or inability to use the Services, either directly or indirectly, including (but not limited to) business interruptions, monetary loss or loss of anticipated income as a result of the use of the Services.

The program included in the Services is provided as is, and no claims will be accepted concerning failure to fulfill presumed functions. Panda does not guarantee that the program is error free, nor that it will function without interruption.

You are responsible for the use of the Service by others and accept responsibility for any losses and/or damages and costs arising from any incompatibility between the Services and any third-party software that you may have installed on your computers as well as any other problems that may arise due to the interaction between the Services and any programs you have installed, or for code strings that coincide.

Under no circumstances will Panda be liable for damages greater than the fee you paid at the time of contracting the Services, regardless of whether you have informed Panda of the possibility of such damages.

The validity of the guarantees and liabilities established herein is subordinate to the legislation applicable in the corresponding state or jurisdiction.

THE SERVICES DO NOT PREVENT INFECTION, THEY ONLY DETECT AND, WHERE APPLICABLE DISINFECT THE TYPE OF MALWARE SPECIFIED IN THE HELP FILES AND INSTRUCTIONS ACCOMPANYING THE SERVICES AND UNDER THE CONDITIONS INDICATED THEREIN. SIMILARLY, THE CONDITIONS PUBLISHED ON THE WEBSITE WITH RESPECT TO THE SPECIFIC SERVICES YOU HAVE CONTRACTED WILL INFORM YOU WHETHER OR NOT THEY INCLUDE DISINFECTION. PLEASE READ THE AFOREMENTIONED INFORMATION CAREFULLY.

You know and accept, under your own responsibility, that due to the modifications that malware causes in files it infects, if you were to request disinfection, it is possible that the disinfection process could produce unforeseen changes to these files or delete them.

You declare and guarantee that any information you provide to Panda in order to use the Services is true, correct and current. You also declare that you are legally entitled to execute the present contract, and to carry out the corresponding actions that may be required.

10.- HIGH RISK ENVIRONMENTS.- These Services have not been designed for and are not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. Panda specifically disclaims any express or implicit guarantee of the Services' suitability for these types of activities.

11 .- RESTRICTIONS . These Services are available via the Internet. These Services may only be used on your own computer(s). You agree not to lend, rent, lease, give away, donate or transfer the Services in any way.

You may not transfer the rights granted by means of these Conditions of Use. You are not permitted to decompile, reverse-engineer or disassemble , wholly or partially , any programs and/or applications related to the Services unless such activity is expressly permitted by applicable legislation.

12.- DURATION.- The present conditions of use will remain in force until the end of the period that you have contracted the Services for, without prejudice to Panda's right to terminate the contract for other causes indicated in the present Conditions of Use.

13.- JURISDICTION.- The present Condition s of Use are governed by Spanish Law. In the event of doubts and/or discrepancies with respect to the interpretation and/or effects of the present agreement, the only competent authorities will be the courts of Bilbao . Both parties expressly renounce any other jurisdiction that may correspond to them.

14.- GENERAL- You authorize Panda personnel to visit you in order to verify that the conditions of this license are met.

You know and accept that Panda may take legal proceedings should you not adhere to this agreement. Panda reserves the right to terminate the present Conditions of Use automatically without prior notice should you fail to comply with any of the terms and conditions of the present agreement.

If any provision in these Conditions of Use is held to be invalid in law, that provision will be considered void, without affecting the totality of the Conditions of Use or implying that they are void.

Panda expressly reserves all other rights it may have and that are not herein granted to the licensee.

Panda Security, S.L.
Buenos Aires 12
48001 Bilbao
Tel - + 34 94 425 11 00
Fax -+ 34 94 424 46 97
Email: infospss@pandasecurity.com
© Panda Security 2008.