Downloading, installing or using, in whole or in part, DEFENX software, whose technical characteristics and operations are described in detail on the website www.defenx.com, (‘Software’) the user accepts the following terms and conditions of use of the same (‘Terms and Conditions’).
1. USE OF THE SOFTWARE
Software owner is Defenx, headquartered in Switzerland, 6828 Balerna, Via Caslaccio 4.
For assistance and/or any other communication related to the Terms and Conditions, write to the following addresses:
www.defenx.com – firstname.lastname@example.org – Fax 0041 91 99 32 304
In accordance with the Terms and Conditions, Defenx grants you a non-exclusive and non-transferable license to use the Software, distributed in accordance with the contractual clauses given here on a single computer or mobile device for the duration of the license (‘License’). The License is activated according to the arrangements explained in detail on the site www.defenx.com. You are allowed to copy the Software in machine-readable form, or mobile device for backup purposes only. The backup copy must contain the copyright information found on the original copy of the Software. Your rights with respect to the Software are limited to what is stated in the Terms and Conditions.
Defenx grants the user the License for free for a period of 30 days (‘Term Test License’). The Term Test License is activated according to the modalities explained in detail on the site www.defenx.com. You need not provide the details of the credit card or other payment in case of activation of the Term Test License. If the user does not buy the license, once the Term Test License expires, the software will limit the operation and will stop being updated.
The information gathered by Defenx with reference to the use of the Software may be stored and processed in Switzerland or in any other country in which Defenx or its related companies or subsidiaries or parent have the same head office. By using the Software you consent to the transfer of such information outside of your country.
You acknowledge Defenx the right to extract, preserve, and disclose your account information if provided to fulfill legal obligations or if it believes, in good faith, that such preservation or disclosure is reasonably necessary to:
- (a) comply with applicable laws or regulations or comply with legal process or governmental request
- (b) enforce the Terms and Conditions, including investigation of potential violations
- (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam)
- (d) respond to requests for user support or protect the rights, property and safety of Defenx, its users and the public
Defenx disclaims any responsibility for the exercise or non-exercise of rights under these Terms and Conditions.
3. INTELLECTUAL PROPERTY
You acknowledge that (i) The Software is protected by applicable intellectual property laws and (ii) any right, title and interest in the Software and related Intellectual Property Rights is owned by Defenx. ‘Intellectual Property Rights’ means any and all rights under the patent laws, copyright, trade secret, trademark and unfair competition, as well as all other proprietary rights, and any application, renewal, extension and restorations thereof, in act.
You agree not to carry out on their own and will not allow any third party to do the following:
- (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, decode, reverse engineer or otherwise attempt to derive source code from the Software without prior authorization,
- (b) attempt to circumvent or defeat the rules of protection or use of the content provided , deployed or enforced by any functionality (including digital rights management functionality) contained in the Software,
- (c) use the Software to access, copy, transfer, transcode or retransmit content in violation of laws or rights of third parties or
- (d) remove, obscure, or alter the Defenx information relating to copyright, trademark or intellectual property rights associated with or contained in the Software or accessed from or through the Software.
4. SUPPORT SERVICES
Defenx will provide the user together with the License, the following support services (‘Support Services’) for the period specified in the file that contains the key to access the Software (License File Key):
- (a) database updates antimalware
- (b) free updates of the Software, including version upgrades
- (c) technical support via internet made by Defenx and / or a reseller
- (d) The Support Services have the same duration of the license
The Support Services are provided only with the latest version of the software available on the website www.defenx.com and at email@example.com.
The reaction of the Support Services and any resolution of the problems that may arise during the use, installation and removal of software are not guaranteed. All updates of the Software is governed by this Agreement, unless other license terms are provided with the upgrade and can be installed automatically. The Software may communicate with the server Defenx to check the availability of support services. By installing the Software, you agree to automatically request and receive Support Services.
5. COMPLIANCE WITH THE LAW AND THE RULES OF DEFENX
You agree to comply with all applicable laws and local regulations regarding the download, installation and / or use of the Software, and to any rules or guidelines applicable Defenx made available from time to time at its discretion.
By way of example only, while using the software you agree not to:
- (a) install / use the software simultaneously on more than one computer or mobile device
- (b ) grant sublicenses of the Software
- (c) copy the Software, in whole or in part, except as otherwise provided in the Terms and Conditions
- (d) allow the simultaneous use of the Software by more than one user
- (e) reverse engineer, decompile, or disassemble the Software expect in the application of any applicable mandatory rules. In such cases the user must apply in writing to DefenX to provide you with the necessary information to be obtained as a result of reverse engineering, decompiling or disassembly of the Software. Defenx has the right to impose reasonable cost to run it. Requests for information should be directed to the address indicated in Defenx Software or such addresses from time to time as may be provided on the site www.defenx.com)
- (f) modify or create derivative works based the Software in whole or in part
- (g) remove any proprietary notices or labels on the Software
- (h) resell, lease, or rent or otherwise transfer rights to the Software
- (i) transfer software from any third parties if prohibited by law or international treaties
- (l) not change in any way the file distribution package / installation when transferring or copying the Software.
The use of the Software does not grant you the right to use other products by Defenx, apart from the rights granted by the corresponding licenses.
6. DURATION – TERMINATION – WITHDRAWAL
Apart from the Term Test Licence the License has indefinite duration commencing from the payment of the amount for the use of the Software paid to Defenx or its authorized reseller and will cease with a written notice of 30 days delivered by registered mail or fax to the following addresses: (i) if addressed to Defenx, via Caslaccio 4, 6828 Balerna (Switzerland), Fax 0041 91 99 32 304 (ii) if addressed to the user, sent to the address provided to the user at the time of activation of the License, or to another address communicated if changed later.
In case of a serious breach of the Terms and Conditions by you, Defenx is authorized at any time to notify that the license is expired with immediate effect. Once the license is expired, all user data will be deleted from the Software and Internet portals of Defenx.
The user has the right to cancel the contract within fourteen days from the activation of the license without giving reasons. The withdrawal notice must be sent in writing by registered mail or fax to Defenx, via Caslaccio 4, 6828 Balerna (Switzerland), Fax 0041 91 99 32 304, and must contain one explicit declaration of the decision to withdraw from the Terms and Conditions. In the case of an effective cancellation, the user will immediately be refunded for all payments made within fourteen days from the date of receipt of notice of termination. For such redemption, the same method of payment used in the first transaction will be used; no amount will be charged for the operation of reimbursement.
You agree to hold harmless and indemnify Defenx and or its associated companies or subsidiaries or parent the same, its officers, agents and employees from and against any claim or action arising from or in any way connected with the use of the Software or breach of the Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgements, court and legal costs of any kind and nature.
8. DISCLAIMER OF WARRANTY
YOU EXPLICITLY UNDERSTAND AND AGREE THAT:
- (a) USING THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED (AS IS) WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEFENX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (b) DEFENX DOES NOT GUARANTEE IN ANY WAY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE BE FREE OF ERRORS OR DEFECTS, (III) THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- (c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT OR MATERIALS.
- (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY DEFENX OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
9. LIMITATION OF LIABILITY
YOU EXPLICITLY UNDERSTAND AND AGREE THAT DEFENX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, AMONG OTHERS, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEFENX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) USE OR INABILITY TO USE THE SOFTWARE; (II) INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. EXCLUSIONS AND LIMITATIONS
NO PROVISION OF THE TERMS AND CONDITIONS WILL BE ABLE TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, ONLY THE LIMITATIONS IN CLAUSES 8 AND 9 WHICH ARE LAW IN YOUR JURISDICTION WILL BE APPLICABLE AND LIABILITY OF DEFENX WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Terms and Conditions constitute the entire agreement between the user and Defenx relating to the Software and its use and supersede all prior or contemporaneous communications between the parties relating to the Software.
Each provision of the Terms and Conditions shall be interpreted, if possible, so that it is considered valid and effective under applicable laws; If any provision of the Terms and Conditions is found to be illegal or invalid under applicable law, such invalidity or ineffectiveness shall not extend to other clauses, without invalidating the remainder of such provision and the remaining provisions of the Terms and Conditions.
Defenx reserves the right to transfer, assign, sub-contract all or any of the rights or obligations under these Terms and Conditions, without prejudice to the rights of the user. You may not transfer or assign in any way its rights or obligations under the Terms and Conditions without the written permission of Defenx.
The Terms and Conditions and the relationship between the user and Defenx will be adjusted according to Swiss law, without regard to its conflict of law provisions. The user and Defenx agree to submit to the personal and exclusive jurisdiction of the Court of Lugano, Switzerland.