THREATFIRE END USER
LICENCE AGREEMENT ("EULA")
PERMISSION TO USE THIS SOFTWARE (“SOFTWARE”) IS CONDITIONAL UPON YOU AS
THE CUSTOMER AND LICENSEE (“YOU”), AGREEING TO THE TERMS SET OUT BELOW (“THIS
YOU WILL NOT BE ABLE
TO INSTALL THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS
AGREEMENT AND WISH TO BECOME THE LICENSEE OF THE SOFTWARE. ACCEPTANCE SHALL
BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THIS AGREEMENT.
BY CLICKING THE
"I ACCEPT THE AGREEMENT" BUTTON YOU WARRANT AND CONFIRM THAT YOU ARE
ELIGIBLE AND HAVE THE AUTHORITY TO AGREE TO THE TERMS OF THIS AGREEMENT.
SELECTING THE "I
ACCEPT THE AGREEMENT" BUTTON BEFORE THE "NEXT" BUTTON AT THE
BOTTOM OF THIS SCREEN WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING
TERMS AND YOU WILL BECOME THE LICENSEE OF THE SOFTWARE. PLEASE PRINT A COPY FOR
IF YOU DO NOT WISH TO
ACCEPT THE FOLLOWING TERMS, DO NOT CLICK ON THE "I ACCEPT THE
AGREEMENT" BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER.
WHERE YOU PURCHASE THE SOFTWARE WITHOUT ACCEPTING THE TERMS OF THIS AGREEMENT
AND WISH TO RETURN THE SOFTWARE, PLEASE CONTACT PC TOOLS TO DETERMINE WHETHER
YOU ARE ELIGIBLE FOR A REFUND.
you are a resident of Oceania at the time you either first purchased or first
installed the Software (whichever occurred first), then the licensor of the
Software is an Australian Company, PC Tools Pty Ltd ACN 108 759 208 and the
parties to this Agreement will be you and PC Tools Pty Ltd ACN 108 759 208. If
you are not a resident of Oceania at the time you either first purchased or first
installed the Software (whichever occurred first), then the licensor of the
Software is an Irish Company, PC Tools Limited (Irish Company Number 426110)
and the parties to this Agreement will be you and PC Tools Limited (Irish
Company Number 426110). For the purposes of this Agreement, the licensor
(being either PC Tools Limited or PC Tools Pty Ltd) will be referred to as “PC
Tools”. For the purposes of this Agreement, “Oceania” means
American Samoa, Antarctica, Australia and its outside territories, including
Heard Island & McDonald Islands, Cocos (Keeling) Islands, Christmas Island,
Ashmore & Carter Islands, and Coral Sea Islands, Cook Islands, Fiji, French
Polynesia, Guam, Kiribati, Marshall Islands, Federated States of Micronesia,
Nauru, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana
Islands, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands,
Tokelau, Tonga, Tuvalu, Vanuatu and Wallis and Futuna Islands.
Tools has agreed to license use of the Software to you pursuant to this
Agreement and the terms and conditions set out below.
Tools grants to you a non-exclusive, non-transferable, revocable licence to:
and execute the Software;
one copy of the Software for backup purposes only; and
the Software strictly in accordance with the provisions of this Agreement.
where clause 2.2 applies, if you wish to install and execute the Software on
more than one computer at the same time, you may do so upon receipt of written
consent from PC Tools and upon payment of an additional licence fee as
stipulated by PC Tools.
licence to use the Software as granted herein only permits you to use the
version of the Software which you have installed or purchased from PC Tools.
It does not permit you to use any other version of the Software. The use of
any other version of the Software will be governed by a separate agreement
between you and PC Tools. However, if you enter into a separate agreement with
PC Tools for PC Tools to supply any updates of the Software to you, then,
unless specified by PC Tools to the contrary at the time you receive, install
or execute those updates (which may, without limitation, include PC Tools
requiring you to agree to a new end user licence agreement before making use of
those updates), then this Agreement will also govern the use of those updates.
acknowledge that PC Tools may offer to maintain and update the Software but it
is not obliged to do so unless you have purchased a subscription that entitles
you to updates for a specified period, or you purchase a separate maintenance
contract. If no subscription period is specified at the time you purchase a
subscription, the subscription period will be one (1) year from the date you
either first purchased or first installed the Software (whichever occurred
first). Should you wish to receive information about maintenance and updates
please view PC Tools website on a regular basis at www.pctools.com.
you have purchased a subscription that entitles you to updates, or you purchase
a separate maintenance contract, you acknowledge that after the specified
subscription period or maintenance period has expired, you have no further
right to receive any updates without the purchase of a new subscription or
maintenance contract. You also acknowledge that PC Tools may limit the
functionality of the Software upon the expiry of any subscription period or
maintenance period unless you purchase a new subscription or maintenance
a licence fee is payable by you in respect of the Software, you are not
entitled to use the Software until the licence fee has been paid. In the case
of payment by credit card, payment will not be deemed paid until the credit
card payment has been authorised by the billing provider. A separate licence
fee is payable in the circumstances described in clause 1.4.
you are downloading a free trial version of the Software, you may use it on one
or more computers for an unlimited period of time (subject to any time and/or
functionality restrictions that may be incorporated into the trial version).
However, you are not entitled to receive technical support nor the full functionality
that comes with the Software until a licence fee has been paid.
the Licensee you hereby undertake the following obligations:
not print, copy, reproduce, translate, adapt, vary, alter, change, reverse engineer,
decompile or modify the Software by any means or in any other form, other than
to make one temporary copy of the Software for back-up and security purposes,
without the express consent of PC Tools, except as expressly authorised by this
Agreement and subject to your rights under applicable law;
supervise and control the use of the Software in accordance with the terms of
ensure your employees, sub-contractors and other agents who have authorised
access to the Software are made aware of the terms of this Agreement;
not provide or otherwise make available the Software in any form to any person
other than those referred to in paragraph (c) without the written consent of PC
not give, lease, assign, license, sub-license, transfer, distribute, disclose,
disseminate or publish the software in any form to any other person or attempt
to do any of these acts;
not alter, change, remove or obscure any notices or other indications
(including copyright notices) as to ownership of the Software;
to access or use the Software on more than one personal stand-alone computer,
or otherwise allow the Software to be accessed or used by more than one user at
any one time except as expressly authorised by this Agreement;
not use the Software in automatic, semi-automatic or manual tools designed to
create virus signatures, virus detection routines, any other data or code for
detecting malicious code or data; and
not engage in any acts which infringe PC Tools’ intellectual property rights in
acknowledge that the Licence granted by Clause 1 does not make you the owner of
the Software nor does it cause any transfer or assignment of any copyright or
any other intellectual or industrial property rights subsisting in the Software
acknowledge that the Software will seek to remove codes such as viruses,
spyware, adware and malware. In some circumstances removal of that code may
result in you breaching a licence to use the host software which installed that
code or certain host programs to cease operating. You agree to consult the
terms of any licence agreement for the host program before authorising the
removal of any viruses, spyware, adware or malware associated with that
hereby acknowledge that the Software may not be uninterrupted and cannot be
guaranteed error free and further acknowledge that the existence of any such
errors shall not constitute a breach of this Agreement by PC Tools. In
particular, PC Tools does not guarantee that the Software will detect and/or
remove all known viruses, spyware, adware, malware, Trojans, keyloggers and
trackware, or locate all browser infections and tracking cookies on your
computer, nor that the Software will not occasionally erroneously report a
virus in a file or system not infected by that virus. If the Software is a
beta version, you acknowledge and agree that (i) the Software may contain
errors and defects and may not function as intended or in accordance with its
specifications; and (ii) you assume all risk in using the Software and agree to
take due care in the installation, execution and testing of the Software on
your computer system.
particular operating systems upon which the Software has been designed to
execute will be published by PC Tools from time to time (“Compatible OS”).
You agree that you will not execute or install the Software on any operating
system other than a Compatible OS. You acknowledge and agree that the Software
may not execute correctly and may interfere with other software if executed on
an operating system which is not a Compatible OS.
the event that any terms, conditions, representations or warranties are implied
by statute, common law or equity (“Prescribed Terms”) into this
Agreement which cannot be lawfully excluded, the Prescribed Terms will apply to
this Agreement, save that the liability of PC Tools for breach of any
Prescribed Terms will be limited, to the extent permitted by law, at the option
of PC Tools, to any one or more of the following:
replacement of the Software to which the breach relates or the supply of
repair of the Software;
payment of the cost of replacing the Software or of acquiring equivalent
payment of the cost of having the Software repaired.
the liability of PC Tools for breach of any Prescribed Terms is capable of
exclusion, they are hereby excluded to the fullest extent permitted by law.
as provided by the Prescribed Terms (if any), which are not capable of
exclusion or limitation, or as expressly set out in these terms:
Tools makes no warranties in relation to the Software, including warranties as
to the performance or fitness for purpose of the Software (other than that PC
Tools is entitled to grant to you the rights set out in this EULA);
will not under any circumstances have any cause of action against, or right to
claim or recover from, PC Tools for or in respect of any loss, damage or injury
(including without limitation any loss of profit, indirect or consequential
loss, damage or injury) arising from the supply or use of the Software or any
breach of these terms; and
to paragraph (b) above, the maximum liability of PC Tools to you in respect of
any breach of this Agreement or otherwise in respect of your use of the
Software will be the amount you have paid PC Tools for the Software and if you
have not paid PC Tools any amount for the Software, will be the amount of USD
$1 (one dollar).
acknowledge that you have exercised your independent judgment in acquiring the
Software and have not relied upon any representations made by PC Tools which
have not been stated expressly in this Agreement or upon any descriptions or
illustrations or specifications contained in any document including catalogues
or publicity material produced by PC Tools.
and Trade Marks
acknowledge that the Software and all related products (including but not
limited to computer manuals and computer literature) ("Products")
are the subject of copyright. You therefore shall not, during or any time
after the expiry or termination of this Agreement, permit any act which
infringes that copyright and, without limiting the generality of the foregoing,
you specifically acknowledge that you may not copy the Software or Products
except as otherwise expressly authorised by this Agreement.
shall not during or at any time after the expiry or termination of this
Agreement permit any act which infringes the trade marks used in connection
with the Software.
shall indemnify PC Tools fully against all liabilities, costs and expenses
which PC Tools may incur to a third party as a result of your breach of this
Software is designed to block malicious behaviours on your computer. If a
potentially malicious behaviour is detected, the Software will prompt an action
to “Allow” or “Quarantine” the process in question. If you have the Community
Protection option in the Software set to “on” then the information regarding
this event is collected and transmitted to PC Tools. This information may
include the response to the alert, the IP address of your computer, a copy of
the file that triggered the alert and other information in relation to such
file. This data is transmitted solely for research and analysis purposes to
aid in determining whether a process is malicious in nature and will not
include any personal data.
will collect information about any browser plug-ins installed on your computer
the first time that the Software is run if you have the Community Protection
option in the Software set to “on”. Data collected may also include
information about the PC Tools and other security software on your computer.
This information will not include any personal data and is only collected to
aid in decreasing false positives and to report back to you about the
performance of the security products used within the ThreatFire Community. Such
reporting will be on an aggregated basis and will not include any personal
malware files collected by PC Tools may be shared with other security providers
for the sole purpose of creating signatures to protect against further spread
of the specific threats.
information and file samples are held completely confidential and are not
tracked back to individual users.
installation of the Software is also associated with a unique anonymous
identifier that does not include any personal data and is used solely to help
track the total number of active users.
Agreement commences upon payment of the licence fee or upon your first
installation and use of the Software (whichever is sooner) and may be
terminated in the following circumstances:
you are in breach of any term of this Agreement;
you, being a corporation, become the subject of insolvency proceedings or have
a liquidator, receiver or examiner appointed to you or become unable to pay
you, being a person rather than a company, become bankrupt;
you, being a firm or partnership, are dissolved; or
you destroy the Software and/or the Products for any reason.
termination, you or a representative nominated by you shall destroy any
remaining copies of the Software and Products or otherwise return or dispose of
such material in the manner directed by PC Tools.
pursuant to this clause shall not affect any rights or remedies which PC Tools
may otherwise have under this Agreement or at law.
Tools, its employees and its agents are subject to U.S. export control laws
that prohibit or restrict (i) transactions with certain parties, and (ii) the
type and level of technologies and services that may be exported. You agree to
comply fully with all laws and regulations of the United States and other countries
(“Export Laws”) to assure that neither the Software, nor any direct
products thereof are (1) exported, directly or indirectly, in violation of
Export Laws, or (2) are used for any purpose prohibited by Export Laws,
including, without limitation, nuclear, chemical, or biological weapons
of the Software or underlying information or technology may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident of)
Cuba, North Korea, Iran, Sudan, Syria or any other country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List
of Specially Designated Nationals or the U.S. Commerce Department's Denied
Persons List, Unverified List, Entity List, Nonproliferation Sanctions or
General Orders. By downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are not located in,
under the control of, or a national or resident of any such country or on any
such list, and that you acknowledge you are responsible to obtain any necessary
U.S. government authorization to ensure compliance with U.S. law.
benefit of this Agreement shall not be dealt with in any way by you (whether by
assignment, sub-licensing or otherwise) without PC Tools' written consent and
this Agreement shall be binding on your successors and assigns.
neglect by either party to enforce at any time any of the provisions of this
Agreement shall not be construed or deemed to be a waiver of that party's
rights under this Agreement.
may amend any of the terms of this Agreement by (a) providing written notice to
you of such amendments; and/or (b) displaying such amendments or an amended
copy of this Agreement to you during your installation and/or execution of the
Software. Without limiting the methods by which you may accept such amended terms,
you acknowledge and agree that your ongoing use of the Software after you are
made aware of any amended terms to this Agreement will constitute your
acceptance of such amended terms.
If you do
not agree to any amendments made by PC Tools to the terms of this Agreement,
then you must uninstall the Software from your computer and cease any further
use of the Software. In such circumstances, you may also contact PC Tools to
determine if you are eligible for a refund or partial refund of any purchase price
paid to PC Tools in respect of the Software (subject to any conditions which PC
Tools may place in respect of paying such a refund).
Law and Jurisdiction
parties to this Agreement (as determined by Clause 1.1 above) are you and PC
Tools Pty Ltd ACN 108 759 208, then this Agreement shall be governed by and
construed according to the laws in force in Victoria, Australia and you
irrevocably submit to the exclusive jurisdiction of the Courts of the State of
Victoria and the Commonwealth of Australia. If the parties to this Agreement
are you and PC Tools Limited (Irish Company Number 426110) then this Agreement
will be governed by and construed according to the laws in force in the
Republic of Ireland and you irrevocably submit to the exclusive jurisdiction of
the Courts of the Republic of Ireland.
have any questions or require clarification relating to the terms and
conditions of this Agreement, please contact PC Tools online at www.pctools.com
or attention: PC Tools, C:/
PO Box 1974, North Sydney NSW 2059 Australia.