
CONDITIONS OF USE OF THE WEBSITE, GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY OF PANDA SOFTWARE INTERNATIONAL S.L.
1. IDENTIFYING DATA
In compliance with the responsibility to inform established in Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce, the following information is hereby made available:
Panda Software International S.L., (hereinafter PANDA SOFTWARE), with registered offices at Buenos Aires 12, Bilbao (Spain), for notification purposes, with fiscal ID number B-48435218, registered in the Mercantile Register of Bilbao, Tome BI-59, Book 134, Sheet BI-767-B, 1st inscription.
2. USERS
Those accessing and/or using the website accept the status of USER and as such accept the General Conditions of Use established herein. These conditions will apply independently of the obligation to fulfill any General Contractual Conditions that may apply.
3. USE OF THE PORTAL
The website enables the USER to access information and services (hereinafter, "the contents") belonging to PANDA SOFTWARE.
The USER accepts responsibility for use of the website. All of the products, services, contents and/or tools will be subject, where applicable, to specific contractual conditions which will be available on the website. Similarly, the products, services, contents and/or tools which so require, will be subject to the terms and conditions of their respective end user license agreements.
These conditions and user license agreements are available for consultation, printing and saving by the User prior to executing the agreement
The USER undertakes to use the content provided by PANDA SOFTWARE on the website in good faith and in accordance with accepted moral standards, and refrain from activities including, but not limited to (i) illicit or illegal actions or those breaching public order; (ii) distribution of content or propaganda of a racist, xenophobic, or illegally pornographic nature, content in defense of terrorism or in violation of human rights; (iii) damaging physical or logical systems belonging to PANDA SOFTWARE, its suppliers or third parties, introducing or spreading on the Internet computer viruses or any other physical or logical system capable of causing the aforementioned damage; (iv) any other illegal activity.
4. MODIFICATIONS
PANDA SOFTWARE reserves the right to modify the website as it sees fit without prior notice, including changes to, removal of or additions to the contents of the website as well as the presentation or location of these contents on the website.
5. PERSONAL DATA PROTECTION AND E-COMMERCE
Access to the website by the USER and the acquisition of products and services and the use of tools or content via the website implies the processing of personal data. Complying with legislation governing the processing of personal data and information society services and electronic commerce is of the utmost importance to PANDA SOFTWARE.
In general, users of the website will have no need to provide any personal data whatsoever. However, to access products, services contents or tools, users will in some cases, need to provide certain personal details. PANDA SOFTWARE guarantees the confidentiality of personal data provided by the USER, as established in legislation on the Protection of Personal Data, and concerning Information Society Services and Electronic Commerce.
PANDA SOFTWARE complies with applicable data protection legislation, and has taken the administrative and technical steps necessary to guarantee the security of the personal data that it collects.
The USER is hereby informed and gives consent for his or her data to be included in automated data files belonging to PANDA SOFTWARE -with registered offices at Buenos Aires 12- and which are registered in the Spanish General Data Protection Register and for said data to be processed as the consequence of the consultation request or purchase of any service or product or any other transaction or operation carried out with the aim of accessing information or services provided by PANDA SOFTWARE on its website or to maintain the contractual relationship or to sent marketing information to the USER.
The user also gives his/her express consent for their personal data to be transferred to PANDA SOFTWARE's representatives and/or authorized distributors, exclusively for the purposes listed in the paragraph above in accordance with the conditions laid out in the Spanish Organic Law 15/1999 on the Protection of Personal Data and Instruction 1/2000 related to rules governing the international transfer of personal details. More information about the identity of PANDA SOFTWARE's international representatives and authorized distributors is available at: <http://www.pandasoftware.com/partners/cps>.
The USER declares that all the data he or she provides will be true and accurate and undertakes to inform PANDA SOFTWARE of any changes to said data. The USER has the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
PANDA SOFTWARE's privacy policy guarantees the USER the right to access, rectify, eliminate and object to the processing of data by notifying PANDA SOFTWARE via e-mail at: legal_affairs@pandasoftware.com, or by writing to Legal Affairs, Buenos Aires 12, 48,001 Bilbao (Spain).
Similarly, and in compliance with the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, PANDA SOFTWARE and its International Representatives will only send marketing information by e-mail or other electronic means to those users who have given their express consent to such activity.
PANDA SOFTWARE informs the USER that he or she can unsubscribe from the mailing list by following the instructions at the bottom of all e-mails or by sending an e-mail to legal_affairs@pandasoftware.com ,or by writing to Panda Software International S.L. Legal Affairs, Buenos Aires 12, 48.001 Bilbao (Spain). Panda Software International S.L. Legal Affairs office. Calle Buenos Aires, 12, 48.001 Bilbao.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
PANDA SOFTWARE holds the intellectual and industrial property rights over the elements that comprise the website, such as the trade names, trademarks, designs and symbols. These include, but are not limited to, the copyrights on logos, color combinations, the choice and form of presentation, web page source code, menus, browser buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the web page related to products and services provided by PANDA SOFTWARE.
The USER undertakes to respect the intellectual and industrial property rights of the website and of the products, contents and tools. To this end, the USER will refrain from copying, reproducing, distributing, making available or publicly communicating website content, without prior written authorization from PANDA SOFTWARE. In this event, the USER will always act in accordance with the following conditions:
Any total or partial reproduction of the website, or of the tools or contents, must include the PANDA SOFTWARE copyright notice: © Panda Software 2006 All rights reserved. Similarly, in case of reproduction and/or distribution of content belonging to third-parties which appears in this website, the corresponding copyright warnings of these third-parties must also appear.
The content of this website may not be modified unless prior written authorization from PANDA SOFTWARE has been granted. Such content may be used for information purposes only and not for commercial aims or for distribution, public communication, transformation or de-compiling.
None of the images or graphics on PANDA SOFTWARE's website may be used separately from the rest of the images that appear with them or from the corresponding text, where relevant.
It is not permitted to distribute or publish the content of the website together with information that promotes:
The names of the products that may appear on the website may be registered trademarks of their respective companies.
7. LIMITATION OF LIABILITY
PANDA SOFTWARE will not be held liable under any circumstances for losses or damages of any kind arising from causes including, but not limited to: errors or omissions in the contents, lack of availability of the website or the existence of viruses or malicious/damaging programs in the contents, in spite of having taken the necessary preventive technological measures.
8. SECURITY: USE OF COOKIES AND SECURE ENVIRONMENT
PANDA SOFTWARE may on occasions use cookies on its website. These will be used to personalize pages on the website or to remind you to register products or services. If you do not want PANDA SOFTWARE to use cookies in this way on your browser, you should configure your browser to reject them or to notify you when a website tries to insert a cookie on your browser. If you opt to reject cookies, this may affect the use of some of the products and services on the website.
PANDA SOFTWARE uses the latest technology on its website to guarantee the protection of information. PANDA SOFTWARE guarantees that the contracting of products and services will be carried out in a secure environment.
A secure environment is indicated by a padlock symbol in the browser status bar or the letter "s" after http in the address field of the browser.
PANDA SOFTWARE may store and make use of the IP addresses of users of this website in order to analyze trends, administer the website and monitor the use of the entire website. PANDA SOFTWARE does not associate IP addresses with personally identifiable information.
9. HYPERLINKS
With respect to any hyperlinks on the website pointing to other Internet websites, PANDA SOFTWARE has no control whatsoever over such sites or their content.
Under no circumstances will PANDA SOFTWARE be held responsible for the contents of any third-party website accessible through such a link, nor will it guarantee technical availability, quality, reliability, accuracy, completeness, truth, validity or constitutionality of any material or information contained on these or any other websites.
Similarly, the inclusion of these links in no way implies any type of association, alliance or collaboration with the corresponding entities.
10. GENERAL
In the event of failure to comply with the present conditions of use or any other improper use of the website, PANDA SOFTWARE will take all civil or criminal proceedings, as provided for in law.
11. MODIFICATION OF THE PRESENT CONDITIONS AND DURATION
PANDA SOFTWARE may modify at any time the conditions set out herein, being duly published as they appear herein.
These terms and conditions shall remain in force for as long as they are published and until they are replaced by other such conditions duly published.
The contractual obligations derived from the contracting of the products, services, contents or tools by the users from PANDA SOFTWARE will remain in force for the period of time stipulated in the corresponding specific conditions or in the terms and conditions of the service's end user license agreement available to the User beforehand.
12. EXPORT RESTRICTIONS
Panda Antivirus 2007 is subject to US export restrictions and regulations. Such restrictions apply to all versions of the product including final release versions, betas, trial versions or any other and also to any documentation connected with the product
This program may not be downloaded in, nor exported or re-exported to the following countries (or by nationals or residents of these countries): (1) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Taliban-controlled Afghanistan, (2) any other country subject to US embargoes (3) or any nation included in the US Treasury Department's Specially Designated Nationals list or in the US Commerce Department's Table of Denial Orders.
By downloading or using this program from this website, you accept the foregoing conditions as well as any applicable export restrictions. You guarantee that you are not in, or resident or national of any of the nations included in the previous paragraph or those in any of the aforementioned lists.
The information concerning export restrictions in the present clause is not necessarily exhaustive. For more information concerning export restrictions, please contact the Bureau of Export Administration at the US Commerce Department.
13. APPLICABLE LEGISLATION AND JURISTICTION
The relation between PANDA SOFTWARE and the USER is governed by applicable Spanish legislation. Any doubt or disagreement will be submitted to the Bilbao Courts of Justice.
14. SEVERABILITY OF CLAUSES
Should any provision of this agreement prove to be, become or be declared null and void or unenforceable, the remaining provisions shall be unaffected and shall remain fully valid and effective.
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