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 websites (for paid or trial use purposes), 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 OR OTHERWISE INDICATE REFUSAL, 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.
PRODUCT REGISTRATION. By accepting this Agreement, You agree to register Your Software. Registration requires a valid product serial number and a valid email address for renewal and other notices.
The VIVA MEDIA Account is necessary for the activation of the online features, as stated in the Product Documentation.
You warrant that you are the legal owner of the device and you have all the legal rights to create your account. Please acknowledge that installing on your device Software, and taking in consideration the security policies and rules selected by you, you may experience access restrictions to device and data loss due to remote device lock or wipe commands applied by the administrator of the account manually through security policies. You as administrator( have the right to monitor your device, locate it on map, enforce screen lock and authentication, lock and wipe device, encrypt media storage, scan applications and file on your device. VIVA MEDIA shall not be held responsible for any damages resulting from privacy, data loss caused to you.
This License Agreement covers VIVA MEDIA Products for home-users licensed to you, including related documentation and any update and upgrade of the applications delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items.
The VIVA MEDIA Product offers an Internet control software which shall be installed on your device (computer, mobile, mobile computer device) that intercepts Internet-bound traffic, to monitor traffic and permits You to limit access to certain content. The software on Your personal device connects to a server network infrastructure and then send it to VIVA MEDIA servers for categorization.
The VIVA MEDIA Product may allow you to track the device location, disable access to the device, transmit images that have been capture with the camera of your device or voice records that have been recorded by the recorder of your device (if available). You may not use the services to gain unauthorized access, to upload, transmit, transfer data or information to VIVA MEDIA or third parties by any means. You agree that your use of these services will be in compliance with any laws which are applicable to you.
This License Agreement is a legal agreement between you (either an individual or a legal person) and VIVA MEDIA for use of VIVA MEDIA’s software product identified above, which includes software and services for your device, and may include associated media, printed materials, and "online" or electronic documentation (hereafter designated as "VIVA MEDIA Product"), all of which are protected by international copyright laws and international treaties. By installing, copying or using VIVA MEDIA Product, you agree to be bound by the terms of this Agreement.
GRANT OF LICENSE. VIVA MEDIA Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. VIVA MEDIA Product is licensed, not sold. This agreement only gives You some rights to use VIVA MEDIA Product. VIVA MEDIA reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use VIVA MEDIA Product only as expressly permitted in this Agreement.
VIVA MEDIA hereby grants you and only you the following non-exclusive, limited, non assignable, non-transferable, non-sublicensable and royalty-bearing license to use VIVA MEDIA Product.
You will have certain rights to use the VIVA MEDIA Product during the License Period, which shall begin on the date of Your initial installation of the VIVA MEDIA Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the VIVA MEDIA distributor or reseller from which You obtained the VIVA MEDIA Product. The VIVA MEDIA Product 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 VIVA MEDIA Product.
You can use one copy of the VIVA MEDIA Product on a single device. If a greater number of copies and/or number of devices is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the VIVA MEDIA Product (Permitted Number), You shall have the right to copy the VIVA MEDIA Product in accordance with such specifications;
You can make one copy of the VIVA MEDIA Product for back-up or archival purposes; If the VIVA MEDIA Product supports multiple platforms or languages, if you receive the VIVA MEDIA Product on multiple media, if you otherwise receive multiple copies of the VIVA MEDIA Product, or if you receive the VIVA MEDIA Product bundled with other software, the total number of your Devices on which all versions of the VIVA MEDIA Product are installed may not exceed the Permitted Number.
During the installation process, the VIVA MEDIA Product may uninstall or disable other security products if such products or features are incompatible with VIVA MEDIA Product.
TRIAL LICENSE. If You are a trial user, You may use VIVA MEDIA Product for evaluation or testing purposes in a non-production environment for thirty (30) days from the date You download VIVA MEDIA Product (the “Trial Period”). During the Trial Period, You are entitled to web or email based technical support in the country where You are located and to Updates, if applicable. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIVA MEDIA PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Your right to use VIVA MEDIA Product ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation Period, You must delete or destroy all copies of VIVA MEDIA Product and documentation and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.
TERMS OF LICENSE. You will have certain rights to use the VIVA MEDIA Product during the License Period, which shall begin on the date of Your initial installation of the VIVA MEDIA Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the VIVA MEDIA distributor or reseller from which You obtained the VIVA MEDIA Product. The VIVA MEDIA Product 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 VIVA MEDIA Product.
If you have agreed to permit VIVA MEDIA to automatically renew your subscription to VIVA MEDIA Product by charging a valid credit card number which you have provided to VIVA MEDIA, 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 VIVA MEDIA's then-current price, excluding promotional and discount pricing. You must provide current, complete and accurate information for your billing account. 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 VIVA MEDIA if your credit card is canceled (such as, but not limited to for loss or theft). If you fail to provide VIVA MEDIA any of the foregoing information, you agree that VIVA MEDIA may continue charging you for any subscription automatically renewed unless you inform VIVA MEDIA's Customer Care department (at any local number provided by the respective VIVA MEDIA entity in your region) not to renew your subscription to VIVA MEDIA Product at least thirty (30) days prior to the expiration of your subscription to VIVA MEDIA Product 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 VIVA MEDIA Product and destroy all copies of VIVA MEDIA and the Documentation.
UPGRADES. If VIVA MEDIA is labeled as an upgrade, you must be properly licensed to use a product identified by VIVA MEDIA as being eligible for the upgrade in order to use VIVA MEDIA Product. A VIVA MEDIA Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If VIVA MEDIA Product is an upgrade of a component of a package of software programs that you licensed as a single VIVA MEDIA Product may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and VIVA MEDIA regarding the original product or the resulting upgraded product.
COPYRIGHT. All rights, titles and interest in and to VIVA MEDIA and all copyright rights in and to VIVA MEDIA (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into VIVA MEDIA), the accompanying printed materials, and any copies of VIVA MEDIA are owned by VIVA MEDIA, 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. VIVA MEDIA is protected by copyright laws and international treaty provisions. Therefore, you must treat VIVA MEDIA like any other copyrighted material. You may not copy the printed materials accompanying VIVA MEDIA. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which VIVA MEDIA exists. You may not sub-license, rent, sell, lease or share the VIVA MEDIA license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for VIVA MEDIA, 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.
TECHNICAL SUPPORT. Certain technical support features may be offered by VIVA MEDIA for the license term of the VIVA MEDIA Product 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 VIVA MEDIA’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, VIVA MEDIA may determine that the technical issue is beyond the scope of the Technical Support. VIVA MEDIA reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
LIMITED WARRANTY. VIVA MEDIA warrants that the media on which VIVA MEDIA is distributed is free from defects for a period of thirty days from the date of delivery of VIVA MEDIA to you. Your sole remedy for a breach of this warranty will be that VIVA MEDIA , at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for VIVA MEDIA. VIVA MEDIA does not warrant that VIVA MEDIA will be uninterrupted or error free or that the errors will be corrected. VIVA MEDIA does not warrant that VIVA MEDIA will meet your requirements.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, VIVA MEDIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE VIVA MEDIA PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY HIM. VIVA MEDIA 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. VIVA MEDIA 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.
The VIVA MEDIA Product, as provided under this Agreement, can contain features and functionalities that allows You to protect sensitive information on your device. You will be required to provide a password in order to encrypt and protect such information. You will not be able to recover the information you have encrypted if you lose or forget the password. You are aware that the level of encryption that can be used by the VIVA MEDIA Product should protect your information from the average computer user; however, you acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. VIVA MEDIA shall not be held responsible for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating VIVA MEDIA bears all risk to the quality and performance of VIVA MEDIA. In no event shall VIVA MEDIA be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of VIVA MEDIA, even if VIVA MEDIA 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 VIVA MEDIA'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR VIVA MEDIA. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test VIVA MEDIA.
We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
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.
UPDATES. By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving Updates of the Product through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving VIVA MEDIA updates of signatures files.
CONSENT TO ELECTRONIC COMMUNICATIONS. VIVA MEDIA may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). VIVA MEDIA 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.
DATA COLLECTION TECHNOLOGY- VIVA MEDIA informs you that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the product or the damages resulting from the malware products.
The personal information given (name, email address, password), during initial setup, if collected, it 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 may change and VIVA MEDIA strongly recommends you, the account name at any time after installation of the Product.
You accept that VIVA MEDIA may use such information as part of the services provided in relation to the product 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 the traffic in an impersonal mode to detect the malware and to prevent the damages resulting from the malware products.You acknowledge and accept that VIVA MEDIA may provide updates or additions to the program or product which automatically download to your device.By accepting this Agreement, You agree to upload the executable files for the purpose of being scanned by the VIVA MEDIA servers. Similarly, for the purpose of contracting and using the program, you may have to give VIVA MEDIA certain personal data. VIVA MEDIA 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 VIVA MEDIA Product may collect certain information from the device on which it is installed, which may include: IP, Information on potential security risks as well as URLs of websites visited that the VIVA MEDIA Product deems potentially fraudulent. The URLs could contain personally identifiable information that a potentially fraudulent website is attempting to obtain without Your permission. This information is collected by VIVA MEDIA for the purpose of evaluating and improving the ability of VIVA MEDIA’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
- URLs of websites visited as well as search keywords and search results only if the browser toolbar feature is enabled. This information is collected by VIVA MEDIA 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 will not be correlated with any personally identifiable information.
- Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to VIVA MEDIA using the VIVA MEDIA Product’s automatic submission function. The collected files could contain personally identifiable information that has been obtained by the malware without Your permission. Files of this type are being collected by VIVA MEDIA only for the purpose of improving the ability of VIVA MEDIA’s products to detect malicious behavior. VIVA MEDIA will not correlate these files with any personally identifiable information. Such automatic submission function may be deactivated after installation by following the instructions in the Documentation for applicable products.
- Status information regarding installation and operation of the VIVA MEDIA Product. This information indicates to VIVA MEDIA whether installation of the VIVA MEDIA Product was successfully completed as well as whether the VIVA MEDIA Product has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the VIVA MEDIA Product at the time of installation or error. The status information is collected by VIVA MEDIA for the purpose of evaluating and improving VIVA MEDIA’s product performance and installation success rate. This information will not be correlated with any personally identifiable information.
- Information contained in email messages that you send through the VIVA MEDIA Product to VIVA MEDIA to report as spam or as incorrectly identified as spam. These email messages may contain personally identifiable information and will be sent to VIVA MEDIA only with your permission, and will not be sent automatically. If you send such messages to VIVA MEDIA, VIVA MEDIA will use them only for the purpose of improving the detection ability of VIVA MEDIA’s antispam technology. VIVA MEDIA will not correlate these files with any other personally identifiable information.
- Information contained in a report that You may choose to send through the VIVA MEDIA Product to VIVA MEDIA when the VIVA MEDIA Product encounters a problem. The report includes information regarding the status of both the VIVA MEDIA Product and Your device at the time that the VIVA MEDIA Product encountered the problem. The status information about Your device may include the system language, and the operating system version for Your device, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the VIVA MEDIA Product 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 VIVA MEDIA Product encountered the problem.
This information will be sent to VIVA MEDIA only with Your permission, and will not be sent automatically. The information is collected by VIVA MEDIA for the purpose of improving VIVA MEDIA’s product performance or statistic information. This information will not be correlated the encountered problem and with any personally identifiable information.
- The Internet Protocol (IP) address or computer identification of the device on which the VIVA MEDIA Product is installed, as well as other general, statistical information used for license administration, product analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information.
- VIVA MEDIA 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 VIVA MEDIA users. This can assist you when making a decision about the future use or purchase of the programs. The information is anonymous collected and VIVA MEDIA reserve the right to use it and publish it for rating figures, statistics and analyses.
The collected information as set out above is necessary for the purpose of optimizing the functionality of VIVA MEDIA’s products and may be transferred to the VIVA MEDIA Group or in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but VIVA MEDIA has taken steps so that the collected information, if transferred, receives an adequate level of protection.
VIVA MEDIA reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this VIVA MEDIA Product. This means that VIVA MEDIA may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, VIVA MEDIA may share certain information with research organizations and other security software vendors.
VIVA MEDIA may also use statistics derived from the information to track and publish reports on security risk trends or system optimization. By using the VIVA MEDIA Product, You acknowledge and agree that VIVA MEDIA may collect, transmit, store, disclose and analyze such information for these purposes. You declare that all the data that you provide will be true and accurate and undertakes to inform VIVA MEDIA of any changes to said data. You have the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
In the event that you provide the details of a third-party, VIVA MEDIA shall not be held responsible for complying with the principles of information and consent, and it shall therefore be you that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
In addition to VIVA MEDIA Product registration information, VIVA MEDIA must process and store certain information about Your network and equipment to provide Maintenance and related support services. To improve its products, VIVA MEDIA may also upload information periodically from installed VIVA MEDIA Product about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. The VIVA MEDIA Product is not designed to capture or retain any personal or private information. You agree that VIVA MEDIA may (i) use uploaded data from installed VIVA MEDIA Product to improve products 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. VIVA MEDIA reserves the title, ownership and all rights and interest to any intellectual property or work product resulting from its use and analysis of such information.
By using the Product, you acknowledge and agree that VIVA MEDIA may collect, disclose, store and analyze these information for the purposes above mentioned.
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 License Terms shall be of the courts of Romania. Nothing in this License 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 VIVA MEDIA Product. 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.
VIVA MEDIA and VIVA MEDIA logos are trademarks of VIVA MEDIA. All other trademarks used in the product or in associated materials are the property of their respective owners.
The license 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 VIVA MEDIA or any resellers of VIVA MEDIA as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
VIVA MEDIA may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the VIVA MEDIA Product 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.
In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by VIVA MEDIA shall prevail.
