LICENSE

LICENSE AGREEMENT
with an individual, the end user of software, exclusive rights to which belong to Positive Technologies CJSС.

1.	General Provisions

1.1 This license agreement (hereinafter referred to as the "Agreement") represents an agreement between Positive Technologies CJSC (hereinafter referred to as the "Rightholder") and the end user (hereinafter referred to as the "User") with regard to the Positive Technologies software, rules for detection and exploits in particular, provided by the Rightholder for public access at ХХХ (hereinafter referred to as the "Software").

1.2. The usage of the Software is allowed only under this Agreement’s conditions. Execution, storage or any other use of the Software implies that the User agrees to fulfill the terms and conditions of the Agreement. If the User does not fully accept the Agreement, the User may not use the Software for any purpose, including keeping a copy of the Software on data storage devices.

2.	Legal Usage

2.1	A legal Software instance is only the instance received by the User from the Rightholder by downloading from the repository, located at the address specified in section 1.1.

2.2	The Rightholder grants the User the right to use the legal Software instance for personal, non-commercial use and for its designated purpose, namely, for assessment of the current security status.

2.3	To provide the User with means for exercising the rights under the section 2.2 of this Agreement the Rightholder grants the User the right to reproduce the Software, which is limited to installing (copying to read-only storage) and running (copying to the core memory) the Software. Other legal manner of using the Software is to be specified in the appropriate contract. The manner of using the Software that is not expressly specified under this Agreement or in the contract is considered to be not allowed.

2.4     The end user acquires the right to reproduce the Software, which is limited to installing and running the Software, on one hardware platform only.

2.5	The user receives the rights to use the Software only to the extent granted to the User by the Rightholder explicitly under the Agreement. The Rightholder reserves all rights not expressly granted to the User herein.

2.6	The User being an eligible owner of an instance of the Software may create one backup copy, provided that such copy is used solely as an archive backup or to replace the legally acquired instance in case it is lost, destroyed or unusable. Such backup copy should contain all copyright notices that appear on the original instance.

2.7	The User shall not modify, adapt, localize or decompile the Software except as specified under the current law of the Russian Federation, nor shall the User make any changes to the source code of the Software.

2.8 The User shall not use the Software to provide services (including consulting) to third parties, including donated services.

2.9 The User shall not distribute, rent or lease the Software, or use it for fraudulent or other illegal purposes.

2.10 The Software may be used worldwide throughout period of validity of the exclusive right to the Software.


3.	Exclusive rights

3.1 The rightholder of the Software is Positive Technologies CJSС.

3.2 All rights (including the right for the content that can become available as a result of the Software usage) are the property of the Rightholder and are protected by applicable laws of the Russian Federation and international intellectual property treaties.

3.3 Nothing in this Agreement shall be construed as transfer of any exclusive rights to the User. 

3.4 The User may not remove or change the Rightholder and third parties’ copyright information.

4.	Disclaimer of warranty

4.1. The Software is provided as is. The Rightholder gives no warranties of uninterrupted or error-free operation of the Software, nor does it give warranties that the Software meets the User’s requirements or expectations. The Rightholder is not liable for direct or indirect damages resulting from potential errors in the Software, as well as for damages that might result from using or impossibility to use the Software.

5.	Liability

5.1 The User shall be liable for any breach of the terms of this Agreement and for the illegal usage of the Software under applicable laws of the Russian Federation and international intellectual property treaties.

5.2 The Rightholder reserves the right to terminate the User’s license unilaterally in case of any breach of the terms of this Agreement and illegal usage of the Software.

6.	Other Provisions

6.1 This Agreement is governed by the law of the Russian Federation.

6.2 The Rightholder reserves the right to modify the conditions of this Agreement (with the obligation to notify the User).

6.3 The User may contact the Rightholder, should the User have any questions regarding the permitted use of the Software:

Positive Technologies CJSС
107241, Moscow, Schelkovskoe shosse, 23A
Tel.: +7 495 744 0144
Fax: +7 495 744 0187
E-mail: pt@ptsecurity.com