AVIRA End User License Agreement - EULA 

IMPORTANT    NOTICE:    CAREFULLY     READ    AND    BE     SURE   YOU
UNDERSTAND  THIS   EULA  BEFORE   YOU  ACCEPT    ITS PROVISIONS. AVIRA
IS  WILLING     TO LICENSE     THE SOFTWARE    (AS  DEFINED     BELOW)
TO   YOU     AS  A CONSUMER  OR   AS   AN ENTREPRENEUR   ("YOU")  ONLY
IF YOU  ACCEPT  ALL OF  THE  PROVISIONS   OF   THIS   EULA AND     ITS
RELATED     TERMS  AND  CONDITIONS.    BY CLICKING THE     "I   AGREE"
OR   "YES"    BUTTON, BY  LOADING     THE      SOFTWARE     OR      BY
OTHERWISE INDICATING   ASSENT,  YOU ACCEPT   THIS  EULA AND  THIS EULA
WILL BECOME  A   LEGAL   AND ENFORCEABLE  CONTRACT BETWEEN  AVIRA  AND
YOU   INDIVIDUALLY,  IF  YOU  ARE   A  CONSUMER  OR    BETWEEN   AVIRA
AND   YOUR    BUSINESS ENTITY,  IF   YOU   ARE    AN ENTREPRENEUR.  IF
YOU DO NOT AGREE  TO THESE  PROVISIONS, THEN  CLICK  "CANCEL", "NO" OR
"CLOSE WINDOW". 

If you are  located outside  the  United States and  Canada,  note the
additional provisions of section 17 which will apply to you. 

TERMS 

This EULA  concerns Avira’s  grant of   a license  to Software and any
related user Documentation, to you. This EULA shall  also apply to all
Updates  and  Upgrades,  insofar as  Avira provides  you with  Updates
and/or Upgrades after installation of the Software. 

1. Definitions 

1.1. Automatic Renewal - means a feature that provides for renewal  of
a  License at the  end of a License  Term without the need  of further
notification. 

1.2. Avira  - means  Avira, Inc.,  425 Market  Street, San  Francisco,
CA  94105, except  if you  are located  outside the  United States  or
Canada, Avira shall  mean Avira Operations GmbH & Co. KG,  Kaplaneiweg
1, 88069 Tettnang, Germany. 

1.3.  Computer  -  means any  device  that  is able  to  process  data
with  the assistance of a programmable calculation specification. 

1.4. Consumer  - means  any natural  person who  is provided  with any
Software  from Avira for personal or for use involving his/her family. 

1.5. Customer - means a Consumer and/or Entrepreneur. 

1.6.  Documentation   -  means   written  materials,   in  printed  or
electronic  form,  describing  the  features  of  the  Software and/or
Updates  and  Upgrades  and  that  are  designed  to   assist  you  in
effectively  utilizing  the  Software,  Updates and/or  Upgrades. Such
Documentation does  not vary  the terms  of this  EULA or  its related
Terms and Conditions. 

1.7.  Entrepreneur  -  means  any  natural  person,  legal  entity  or
partnership, having legal  capacity that  is not  engaged in  personal
or   familial usage   in ordering   or receiving   Software of   Avira
while  performing its  commercial or independent professional or other
work. 

1.8. Fee - means the price or the License fee to be paid for  Software
of Avira. 

1.9.  Freeware   - means   any  Software  that  is   provided to   the
Consumer free of charge. 

1.10. License  - means   your right  to use   the Software  subject to
this EULA  and the  Terms and   Conditions applicable  as  of  date of
conclusion of the  relevant agreement. The License shall stipulate the
nature and scope of your right to use the Software. For  that Software
for  which an  Update  service is  provided,  the License  shall  also
constitute  your  right  to  receive  ongoing  Updates/Upgrades during
the License Term for the provided Software. 

1.11. License Term - means the period  for which a License to Software
has  been  granted. The  License Term  commences as  soon as  you have
received a Software Key. 

1.12.  Multiple  Use   -  means  simultaneous   storage,  simultaneous
retention and  any  other simultaneous  use  of  Software on   several
Computers  and any   use of such  Software for which  special licenses
for Multiple  Use are  provided  according  to the  respective product
information. 

1.13.  Reseller  -  means  a customer  to  whom  Software  is provided
expressly for the purpose of resale. 

1.14. Software -   means Avira’s computer   programs in their   object
code format, including any and  all Updates and  Upgrades thereto that
Avira makes  available and  for which  Avira has  granted a license to
you. 

1.15. Terms and Conditions - mean the Standard Terms and Conditions of
Business of Avira. See www.avira.com. As noted below, these Terms  and
Conditions apply  in addition  to, and  supplement the  provisions of,
this EULA. 

1.16.  Trial  License -  means  a  License  to  use the  Software  for
testing purposes  for a  limited period  of time  free of  charge by a
Customer. 

1.17. Updates  and Upgrades  -  mean  the updating  of the   Software.
Classification of the updating as  an Update or Upgrade is  at Avira’s
sole discretion. 

1.18.  Update   Service  -means  the  ongoing   updating  of  Software
through Updates and/or Upgrades and the provision of such Updates  and
Upgrades to you by  Avira.  Some Software requires the Update  Service
for  functional  use.  Avira  may  at   its  sole   discretion  render
services  under  its Update  Service  as an  Update  or Upgrade. 

2. Ownership Rights 

The Software is  protected by international  copyright laws,  treaties
and other laws.  Avira and its   licensors own and  retain  all right,
title  and   interest  in   and  to   the  Software,    including  all
copyrights,  patents,   trade  secret  rights,  trademarks  and  other
intellectual property  rights. This EULA does not  transfer to you any
title  to or in the  Software. You do not  acquire any rights to   the
Software except as specified in Sections 3 and 6, below. 

3. License Grant 

3.1.  Avira hereby  grants to  you a  non-exclusive,  non-transferable
License to  use the  Software subject  to  any  restrictions contained
herein  or in the Terms  and Conditions. 

3.2. In addition: 

3.2.1. As noted, the Terms and Conditions  apply to this EULA. In  the
case   of  a  conflict   between  this   EULA   and   the   Terms  and
Conditions,  the  Terms and Conditions shall apply. 

3.2.2. For Software  for which Updates   and Upgrades are  provided by
Avira,   your  License  includes   the  right   to  receive   and  use
Upgrades and  Updates  for  the License  Term. For Software  for which
no Updates or Upgrades are available  from Avira, you may use only the
version of the Software for which you have paid  for the License Term. 

4. Provisions for Use 

4.1.   Software    must   not     be   reproduced,    transferred   or
decompiled   (i.e.  recompilation   into  the  source   code),  unless
expressly permitted by this EULA  or permitted  according to  law.  If
you wish  to reverse  engineer, decompile  or disassemble the Software
(hereinafter  referred to   as "Decompilation")  for  the  purpose  of
achieving interoperability with other computer programs if allowed  by
law, you shall  contact  Avira before  Decompilation of  the  Software
and request the  provision  of  the  information  necessary  for   the
achievement   of   such  interoperability.  If  Avira  supplies   such
information concerning interoperability without undue delay, you shall
not be entitled to decompile the Software. 

4.2.  Software for  which no  special Licenses  for Multiple  Use  are
available  according   to   the   relevant  product    information  is
restricted to  use on  one Computer by you. For this purpose, you  may
use any available Computer that meets the system requirements and  for
which the License  was granted. Should  you change the   Computer, the
Software must  be deleted  from  the  Computer on  which the  Software
was previously installed before the reinstallation of the Software  on
a  different   Computer.  For   Software  whose   product  information
provides  special Licenses  for Multiple  Use, Multiple  Use shall  be
permissible only if, and to the extent that,  you purchased  and  were
granted the  relevant type  or number  of Licenses by Avira. 

4.3. You may not, nor may you permit another person to: 

4.3.1.  Copy  (other  than  once  for  backup  purposes)   sublicense,
rent, loan, or lease any portion of  the Software. If you  wish to use
the  Software on  another computer,  you   must  delete  the   program
from   your   current   computer before  installing  it  on the  other
computer; 

4.3.2. Modify, or create derivative works based upon, the Software, in
whole  or in part. 

NOTE: TO DO SO VOIDS ANY AND ALL WARRANTIES THAT MAY APPLY; 

4.3.3.  Remove  any  proprietary  notices,  serial  numbers,   labels,
or   copy protection features from the Software; 

4.3.4. Use the Software in special risk areas that require error-free,
permanent operation of  relevant  systems  and in  which  the  failure
of  the  Software  may  result in  a direct   risk for  life, body  or
health or in   substantial damages to  property  or  the   environment
(high  risk  activities  and  high  availability activities, including
but   not limited  to  the  operation of   nuclear facilities,  weapon
systems,   aviation   navigation  or   communication   systems,   life
support systems  and equipment,  machine  and  production processes of
pharmaceuticals  and  food  production). Avira  does  not  warrant  or
guarantee that the Software is  fit for use in special risk areas. 

4.3.5. Avira  reserves all  rights  to  bring an  action to   prohibit
or stop any unauthorised use  of Software  by you, including  but  not
limited to, claims  for injunctive relief  and damages.   Unauthorised
use  by you   may lead  to  criminal prosecution  under   the relevant
laws.    The   provisions    of    this   section    4.3.5  concerning
reproduction  and  disclosure shall   apply  similarly  for the   user
handbooks and other documents  pertaining to the Software  provided by
Avira. 

5. Your obligations 

The setup  of  a  functional hardware   and software  environment  for
the Software  shall be  the solely  in your  responsibility. The  same
shall apply to regular data backup within your EDP system. 

6. Trial License and Freeware 

A Trial License and a License for Freeware is provided to you free  of
charge and "as  is" except  for the  operability of  the Software  and
consequently  Avira  provides no  warranty to  you with  regard to the
Software. Avira does not  provide product support  for these  Licenses
and  you may  not use   them in a production environment.  Freeware is
licensed for private use only. 

7. Automatic Renewal 

If you  have signed  up for   Automatic Renewal  of a  License, unless
terminated by any of the  Parties at least  30 days prior  to the  end
of  the  current   License  Term, the  License  Term  will  be renewed
automatically at the then effective  list price. The new License  Term
will have the same run-time as the previous  License Term. 

8. Effect of Termination or Expiration of the License 

Termination or expiration of the License granted hereunder means  that
your  right  to  use  the  Software  and  Updates   and  Upgrades ends
immediately. You will  then receive no  further Updates  and you  must
delete   the  Software,  as  well  as all  back-up  copies  from  your
computer. Avira  may require  you to  provide written confirmation  of
the  destruction  or deletion  of  the materials  referenced  in  this
Section 8. 

9. Technical Support 

Avira  offers  technical  support services.  See  www.avira.com.  Such
technical  support  shall  be  provided  in  Avira’s   sole discretion
without   any  guarantee  or  warranty   of  any  kind.  It  is   your
responsibility to  back up  of all  your  existing  data, software and
programs before   receiving any  technical support  from  Avira. Avira
reserves  the  right to  refuse,  suspend or  terminate  any technical
support, in its sole discretion. 

10. Limited Warranty and Disclaimer 

10.1. Limited Warranty. Avira warrants that, for thirty (30) days from
the   date  of   purchase,  any   paid   version   of  Software   will
operate  substantially in accordance  with the Documentation and  that
the media (e.g., CD ROM), if any,  on which the Software is  contained
and  provided  to you  will  be free  from  defects in  materials  and
workmanship. 

10.2.  Exclusive Customer  Remedies. Your   exclusive remedy  for  the
breach  of the foregoing limited warranty shall be, at Avira’s option,
either (i) return of the Fee paid by you, if any, or (ii)  replacement
of the defective media on  which the Software is contained.  You  must
return any defective  media to Avira or  to the Reseller that provided
the  media to  you, at  your  expense, with a   copy of your  receipt.
This  limited  warranty  is  void  if  the  defect  has  resulted from
any accident or abuse, by you. 

10.3. WARRANTY DISCLAIMER 

EXCEPT  FOR  THE LIMITED   WARRANTY   SET FORTH  ABOVE, ALL   SOFTWARE
IS  PROVIDED    "AS  IS"   AND   AVIRA MAKES  NO WARRANTY   AS TO  ITS
USE  OR PERFORMANCE. AVIRA   MAKES   NO   WARRANTY    OF  ANY     KIND
AND EXPRESSLY DISCLAIMS  ALL  OTHER WARRANTIES  OF  ANY  KIND  WHETHER
EXPRESS,  IMPLIED,   OR STATUTORY  INCLUDING  BUT  NOT LIMITED  TO ANY
IMPLIED WARRANTIES  OF FITNESS FOR A    PARTICULAR   PURPOSE.    AVIRA
ALSO    EXPRESSLY DISCLAIMS  ANY    AND    ALL  WARRANTIES    RELATING
TO   NONINFRINGEMENT        OF        THIRD       PARTY        RIGHTS,
MERCHANTABILITY,  SATISFACTORY   QUALITY,  OR   ABILITY TO   INTEGRATE
THE    SOFTWARE      WITH    OTHER      PRODUCTS.   YOU         ASSUME
RESPONSIBILITY    FOR  SELECTING     THE SOFTWARE  TO   ACHIEVE   YOUR
INTENDED  RESULTS,   AND  FOR  THE  INSTALLATION   OF,   USE   OF, AND
RESULTS   OBTAINED  FROM,   THE   SOFTWARE.    WITHOUT  LIMITING   THE
FOREGOING, AVIRA    MAKES   NO  WARRANTY  THAT   THE  SOFTWARE    WILL
PROTECT    AGAINST   ALL       POSSIBLE  THREATS,    BE ERROR-FREE  OR
FREE  FROM   INTERRUPTIONS   OR    OTHER FAILURES,   OR    THAT    THE
SOFTWARE   WILL    MEET YOUR   SPECIFIC REQUIREMENTS. 

11. Limitation of Liability 

UNDER NO CIRCUMSTANCES  SHALL  AVIRA BE   LIABLE  TO  YOU  OR  TO  ANY
OTHER   PERSON    FOR   DAMAGES    FROM   LOST  PROFITS,  LOSS      OF
GOODWILL,       OR   ANY      INDIRECT,   SPECIAL,    INCIDENTAL,   OR
CONSEQUENTIAL DAMAGES,    OR DAMAGES    FOR  NEGLIGENCE      OF    ANY
CHARACTER  INCLUDING,    WITHOUT  LIMITATION,    DAMAGES    FOR   WORK
STOPPAGE,   LOSS    OF    DATA,  COMPUTER  FAILURE     OR MALFUNCTION,
OR  FOR  ANY  OTHER DAMAGE OR   LOSS.  IN NO EVENT   SHALL  AVIRA   BE
LIABLE    FOR ANY  DAMAGES IN   EXCESS  OF  THE LICENSE FEE   PAID  BY
YOU EVEN  IF AVIRA   HAS  BEEN  ADVISED  OF  THE POSSIBILITY   OF SUCH
DAMAGES.  THE   FOREGOING PROVISIONS  OF   SECTIONS  10 AND  11  SHALL
APPLY      WITH   EQUAL   FORCE  TO     ANY  AUTHORIZED  RESELLERS AND
SHALL   BE    ENFORCEABLE    TO THE    MAXIMUM   EXTENT  PERMITTED  BY
APPLICABLE LAW. 

12. Privacy 

By entering   into this   EULA, you   agree that   the Avira   Privacy
Policy,  as  it exists  at any  relevant time,  shall be applicable to
you. See www.avira.com. 

13. Collection of Certain System Information 

Avira uses  certain applications  and tools  through its  website  and
within  the  Software,  to retrieve  information  about  your computer
system to  assist Avira   in support  of the   Software. With expanded
online testing of  files (feature Avira AntiVir ProActiv Community  as
of Version 10 of Avira paid products) Avira  sends suspicious programs
only (executable  files)  to  its secure  German data   centers. Avira
does not send any personal data.  Files such as pdf, doc, xls  as well
other  personal  data,  like   pictures  and  videos  are   not  being
automatically sent. 

14. [Intentionally left blank]

15. Governing Law and venue 

Unless section 17 applies, this EULA shall be governed by the laws  of
the  State of California and all actions under this Agreement shall be
brought in  the state  and  federal   courts  of   California and  you
consent  to  venue and  exclusive jurisdiction in those courts. 

16. Miscellaneous 

16.1. This  EULA and  the Terms  and Conditions,  as defined above and
incorporated herein, set forth all of your rights to use the  Software
and make up the  entire  agreement between the parties. This  EULA and
the  Terms  and  Conditions   supersede  any   other   communications,
representations  or  advertising  relating   to  the Software that  is
the subject of this EULA. 

16.2. No  provision hereof  shall be  deemed waived  unless there   is
a  written waiver signed by an authorized Avira representative. 

16.3.  If  any  provision  of  this  EULA  or  the  related  Terms and
Conditions is  held invalid, the remainder of this EULA  and Terms and
Conditions shall  continue  in  full force  and effect.  To the extent
that an  otherwise invalid  provision can   be construed  so as  to be
valid, that provision shall be so construed. 

16.4. All  rights not  expressly set  forth hereunder  are reserved by
Avira. 

16.5. The descriptive headings in   this EULA have been inserted   for
convenience and shall not  limit or otherwise  affect the construction
or interpretation of this EULA. 

16.6.  You may  not assign  your rights  under this  EULA without  the
express written permission of Avira. 

17. Provisions for Licenses under German Law 

This  section  applies  to   you if  you  are   located  in any  other
jurisdiction  than  the United  States  and Canada.  Your   license is
governed by the laws  of  Germany. Should you be an  Entrepreneur, the
exclusive jurisdiction is the registered seat of Avira. Avira reserves
the right to sue the Customer at its domicile. 

17.1.  Nothing  in  this  EULA shall  limit  your  right  according to
sections 69  c no.  3, 69  d para.  2 and  3 and  69  e  of the German
Copyright Act (UrhG). If you   want to reverse engineer, decompile  or
disassemble the Software (hereinafter referred to as  "Decompilation")
for the  purpose of  achieving interoperability  with  other  computer
programs  according to  section 69  e UrhG,  you shall  contact  Avira
before Decompilation   of  the  Software  and   request the  provision
of  the  respective  information necessary   for the   achievement  of
such interoperability.  If Avira supplies  such  information   without
undue  delay,   the   Customer   shall   not  be  entitled  to  the De
compilation of the Software. 

17.2.  Section   10  (Limited   warranty  and   disclaimer)  shall  be
replaced  in its entirety by the following provisions: 

17.2.1. Unless  expressly agreed  otherwise, the  Software provided by
Avira  shall be in  line with the current-state-of-the-art  technology
and  shall   conform  to   all  relevant   product   information   and
specifications  provided   by  Avira,   including  those  in  the user
handbooks.  Avira  does  not  warrant  that  the  Software  under  the
agreement will be  fit for purposes  beyond the fulfilment  of Avira's
obligations under the agreement. 

17.2.2. You are advised  that based on the  current state of the   art
technology program errors cannot  be excluded with complete  certainty
in spite of exercising  greatest conscientious care and  diligence and
that it is not possible to develop Software that detects any  existing
virus or other Malware. 

17.2.3. If you are an Entrepreneur and Avira has provided you with the
Software against payment and  in perpetuity, defects  in the  provided
Software, shall be rectified   by  Avira,  as  follows,  provided  you
have  notified   Avira of   the respective  defect in  accordance with
section 377 German Commercial Code (HGB): 

17.2.3.1.   Notified   defects   shall   be   rectified   by   Avira's
choice  through elimination of   the defect  ("repair") or   provision
of  a defect  -free Software ("substitute  delivery"). Costs for  such
rectification shall be borne by Avira. 

17.2.3.2. If the defects in the Software cannot be rectified within  a
reasonable  period  or  if  repair  and  substitute   delivery can  be
deemed  to have   failed for  other reasons,  then you  may, at   your
choice,  reduce the  Fee or   - if  the  defects  are  not  immaterial
rescind the agreement. 

17.2.3.3.  Any   damage  claims   by  you   or  claims   for  expenses
incurred in  vain  ("Ersatz  vergeblicher  Aufwendungen")  that  arise
from such  defects   shall be governed  exclusively by section  10 (as
set forth herein below under 17.3.). 

17.2.4. If Avira has  provided you with the  Software against  payment
but  for a  limited period of   time, defects in   the Software, shall
be rectified by  Avira within a reasonable period after   notification
of the  defect. The   rectification of  defects shall  be effected, at
Avira’s  choice, by  way of  repair or   substitute delivery  free  of
charge.   Your right  to reduce   the Fee  for the   time the   defect
persists   remains   unaffected.   You  are   only   entitled   to  an
extraordinary termination of the agreement due to the failure to grant
use  in accordance   with the  agreement  if  Avira  has  been   given
sufficient  opportunity to   rectify the defect  and such attempt  has
failed. 

17.2.5. It shall be  assumed  that the repair  or substitute  delivery
has  failed only  if Avira  has been  given sufficient  opportunity to
effect  a   repair  or  substitute  delivery   without  achieving  the
desired   result  or   if  the  repair  or  substitute  delivery   was
unjustifiably refused by  Avira. If rectification  of a defect in  the
form of repair  or subsequent delivery is only possible  for Avira  at
unreasonable expenses,  Avira may  refuse  to  rectify the  defect and
refer  you to your right to rescind or terminate the agreement. 

17.2.6. In  no  event  shall you   be entitled  to  demand  the source
code for the Software in regard to any defects. 

17.2.7. You   shall notify   Avira without   undue delay   if a  third
party asserts claims against you based on infringement of intellectual
property rights  by  the  Software ("Rechtsmangel").  Should there  be
any   information  of   such,  whether    in  written   documents   or
correspondence or  in other forms,  you shall  provide these to  Avira
without undue  delay. In  case of  legitimate claims  by third parties
Avira  will  indemnify  you  of  the  costs  that  originate  from the
assertion  of   such third   party's   claims  (including   reasonable
attorney   fees,    limited   to   the  statutory    remuneration   of
attorneys  if  applicable).  Furthermore,   Avira's liability for loss
of  profits due to such  defects is limited to  five times of the  Fee
amount,   except where  the  defects  were caused   by intentional  or
gross negligent behaviour of Avira. 

17.2.8. If  you are  an Entrepreneur   and the  Software of  Avira has
been provided in perpetuity, your  warranty claims for defects of  the
Software lapse after  one year from the statutory commencement  of the
limitation period, except  in cases of intentional behaviour of Avira.
The statutory limitation pursuant to  section 479 of the German  Civil
Code (BGB) remains unaffected hereby. 

17.3. Section 11  (Limitation of liability)  shall be replaced  in its
entirety  by the following provision: Notwithstanding the legal nature
of the relevant claim, the following shall apply to your damage claims
and  claims  for  expenses  incurred  in  vain  ("Ersatz  vergeblicher
Aufwendungen"): 

17.3.1. Avira  shall be  liable  for  any of  your damages   resulting
from  gross negligent or intentional behaviour of Avira, which are due
to culpable  injury to  life, body   and health,   which arise  due to
the assumption  of a  guarantee or according to the Product  Liability
Act. In all  other cases Avira's  liability for damages  is limited to
the infringement  of material  obligations of  the agreement. Material
obligations are  only such  obligations which  fulfillments allow  the
proper execution of  the agreement in  the  first place  and where you
may rely  on the compliance with these obligations. Avira's  liability
for the loss of data  is limited to the typical  expenditures required
for the restoration thereof,  which are normal and typical if security
copies  have been  made. Reference  is  made  to your  obligation  for
regular data-backups according to section 5 of this EULA. 

17.3.2.  Avira's  liability  in  case  of  negligent  infringement  of
material obligations of the  agreement by Avira  shall be limited   to
foreseeable damages which are typical for this type of contract. 

17.3.3. A strict liability of  Avira for defects existing at  the time
of  entering into  this EULA   pursuant to  section  536  a para.   1,
alternative 1  German Civil Code (BGB) is hereby expressly excluded. 

17.3.4. The   foregoing limitations   of liability   also apply   with
regard to all Avira's   representatives,  including but  not   limited
to   its   directors,  legal  representatives,  employees  and   other
vicarious agents. 

Avira, Inc.  | 425  Market Street  | San  Francisco CA  94105 | United
States of America 

Avira Operations  GmbH &  Co. KG  | Kaplaneiweg  1 |  88069 Tettnang |
Germany 

November 4, 2011 

