IKARUS SECURITY SOFTWARE GMBH
License and Maintenance Agreement
Please read this agreement carefully! By installing the delivered software you accept the license terms below. If you do not agree with them, cancel the installation process and refrain from further use of the delivered software. Violation of these license terms may constitute copyright infringement subject to civil and criminal prosecution.
Licensor is IKARUS Security Software GmbH. The subject of this license agreement is the granting of a non-transferable and non-exclusive license to use the computer programs recorded on the data carriers or made available for download, including program description, operating instructions and documentation to you, the licensee. For the sake of simplicity, we refer to the entire package as “Software” in the following.
The terms of this Agreement shall also apply to any future updates to the Software. Thus, by entering into this License Agreement, you also agree to a maintenance agreement on the basis of which you will be receiving regular updates to the delivered Software.
2. Scope of License
The Software may only be used for the duration of this Agreement and on the maximum number of licensed computer systems, Android® smartphones or tablets. Simultaneous transfer of the Software to other computers, Android® smartphones or tablets is not permitted. In particular, it is not permitted to make software licensed for a single workstation or for multiple workstations accessible to third parties in any way and/or to make it available for use, directly or indirectly, against payment or free of charge. In particular, any use of the software on servers shall also be prohibited if this serves to check for viruses, etc. in the data traffic of third parties, including contractual partners of the licensee (e.g. access customers, mailbox customers). Using the software for these purposes shall require an express agreement with the Licensor. Insofar as this License and Maintenance Agreement refers to computer systems and PCs, the provisions shall also apply mutatis mutandis to the use of the Software on other computing devices such as cell phones, Android® smartphones or tablets.
The Licensee is not granted any reproduction and processing rights to the Software that go beyond the mandatory reproduction and processing rights provided by law.
The Software may not be modified, adapted, translated, sold or otherwise made available to third parties for use free of charge or against payment without the consent of IKARUS, unless this is permitted under this Agreement or mandatory statutory provisions.
The statutory warranty provisions shall apply.
You acknowledge and agree that, according to the current state of the art, it is not possible to develop error-free software. This applies in particular to the field of virus protection, where new viruses, Trojans, worms and comparable programs are constantly emerging, some of which are specialized to circumvent virus protection programs. Therefore, IKARUS does not owe that the software meets all your requirements, nor that the functions contained in the software can be used uninterruptedly and error-free in all combinations desired by you with any data, programs, mobile applications and EDP systems, nor that the correction of software errors excludes the occurrence of other software errors. IKARUS is also not liable for errors, malfunctions or damages which can be traced back to improper operation, transport damages, operating system errors, changed operating system components, interfaces and parameters or use of unsuitable organizational means and data carriers.
The warranty shall expire if you yourself or a third party makes changes or repairs to the software without our consent. We also cannot accept expenses in this context. We do not assume any warranty for software which has been modified, extended or damaged, or which has been used under conditions of use other than those agreed upon in the contract, unless the modification, extension or damage was not the cause of the defect.
Any defects in the software must be reported to us by entrepreneurs within eight days at the latest – in the case of consumers, however, within the statutory periods – after they become apparent, otherwise the warranty shall expire. Entrepreneurs are obliged to notify defects in writing, otherwise the warranty expires. The warranty period is by mutual agreement for consumers two years, otherwise six months.
4. Claims for damages:
The statutory provisions shall apply to claims for damages by consumers. A consumer within the meaning of this provision is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Claims for damages asserted by entrepreneurs against IKARUS are excluded, unless liability is mandatory by law in cases of intent or gross negligence. The exclusion of liability refers in particular to damages caused by viruses or comparable programs, since an absolutely effective virus fight is impossible according to the present state of the art. Liability for consequential damages including loss of profit and for indirect damages is excluded in any case. Furthermore, any liability on our part for damage caused by unauthorized intervention by third parties is excluded, as is liability for defective operation or installation.
You are expressly urged to regularly make backup copies of the data on your computers, Android® smartphones or tablets. If you fail to comply with this duty to mitigate damages, we shall not be liable for any damages incurred as a result of such failure.
5. Start and duration of the license agreement:
This Agreement shall come into effect upon agreement of will between you and us, but no later than upon your actual installation of this Software on a PC, Android® smartphone or tablet.
During the term of the Agreement, we will continuously improve, maintain and update the Software delivered to you. In particular, we will ensure that the software also detects viruses etc. that were previously unknown to it. In addition, our virus database is available to you for online updates. Should it be necessary to completely replace the existing license product due to technical developments, we will send you the necessary software for reinstallation or make it available for download. Our support centre is available to you in these cases.
A fee is agreed for the license granted as well as for the update regularly carried out on the basis of the maintenance agreement.
This contract shall run for the minimum term originally agreed between you and us in accordance with a separate agreement (see invoice). After the expiration of the agreed license period, the contract will be renewed for the same license period again, unless it is terminated in writing before the expiration of the contract or within 14 days after receipt of the invoice for the new license period. Consumers are explicitly informed by IKARUS upon receipt of the invoice that the contract will be extended by the originally agreed contract period in each case if it is not explicitly terminated by the consumer.
With the expiration of the contractual relationship, the further use of the software becomes inadmissible. In this case you are obliged to destroy the original including all copies and documents. Any further use of the software beyond the termination date of the contract constitutes a copyright infringement.
6. Quality assurance
You can now participate in our signature quality assurance program. You submit statistical information to IKARUS to improve virus detection on your system. You can also send infected files from your system to IKARUS for analysis. If you do not want to participate in the signature quality assurance, you can deactivate the participation in the settings. Please note: no personal data will be processed by IKARUS in the course of this action.
7. Final Provisions
This Agreement shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this Agreement and on the occasion of its termination shall be the competent court for commercial matters in Vienna, but if you are a consumer, your general place of jurisdiction.
If you do not agree with the terms of this license agreement, a contract between us is not concluded and you may neither install nor use the software. If you nevertheless carry out an installation and/or use the software, you thereby declare your agreement with the license terms. If you wish to terminate this agreement, please contact us.