PLEASE READ THIS
Quick Heal Remote Device Management End-User License Agreement
(hereinafter referred to as the “Agreement”) CAREFULLY BEFORE
USING OR TRYING TO ATTEMPT TO USE THIS QUICK HEAL REMOTE DEVICE
MANAGEMENT (hereinafter referred to as the “RDM”).
BY USING THIS
RDM CLOUD BASED SERVICE OR BY CLICKING THE "I AGREE" BUTTON OR
ATTEMPTING TO LOAD THE RDM IN ANY WAY, (SUCH ACTION WILL
CONSTITUTE A SYMBOL OF YOUR SIGNATURE), YOU ACKNOWLEDGE AND ADMIT
THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT ONCE ACCEPTED BY
“YOU”[ AS AN INDIVIDUAL (ASSUMING YOU ARE ABOVE 18 YEARS AND/OR
HAVING LEGAL CAPACITY TO ENTER INTO AN AGREEMENT), OR THE COMPANY
OR ANY LEGAL ENTITY THAT WILL BE USING THE RDM (HEREINAFTER
REFERRED TO AS 'YOU' OR 'YOUR' FOR THE SAKE OF BREVITY)] SHALL BE
A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND QUICK HEAL
TECHNOLOGIES LIMITED (Formerly knows as Quick Heal Technologies Pvt. Ltd.), PUNE, INDIA (HEREINAFTER REFERRED
TO AS “QUICK HEAL”) AND YOU SHALL HAVE THE RIGHTS TO USE THE RDM
SUBJECT TO THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT
OR AS AMENDED BY QUICK HEAL FROM TIME TO TIME. IF YOU DO NOT
AGREE TO ALL THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS RDM
IN ANY WAY AND PROMPTLY RETURN IT OR DELETE ALL THE COPIES OF
THIS RDM IN YOUR POSSESSION.
Quick
Heal grants You, the Licensee, a non-exclusive and
non-transferable right to use the RDM during the license period
in order to assist in protecting Your PC, laptops, tablets,
mobiles on which the software is installed and activated, from
the threats described in the user manual, according to the
technical requirements described in the user manual and which is
subject to the terms and conditions of this Agreement.
In
addition to this Remote Device Management software, Quick Heal
offers you Quick Heal Remote Device Management Services to manage
your device.
Quick
Heal reserves all rights not expressly granted, and retains the
title and ownership of the software, including all subsequent
copies in any media. This software and the accompanying written
materials are the property of Quick Heal and are copyrighted.
- DEFINITIONS
- "Distributors”
means the authorized distributors, agents, sub-distributors of
Quick Heal, selling Quick Heal range of products, including
sales through Internet.
- “License
period” means the period as more particularly described in
Clause 4 of this Agreement.
- “Device” means
the personal digital assistants, mobiles, smartphones,
handheld devices, personal computers, laptops, tablets or
other electronic computing devices for which the software is
specifically designed (for such system requirements as
particularly described in the User manual or www.quickheal.com) where the software
will be installed and/or used.
- “Normal working
hours” shall mean 09:30 a.m. to 6:30 p.m. India Standard Time
(IST) on working ways and "Working Days" means Mondays to
Fridays inclusive, but excluding bank and public holidays in
India.
- “Open Source Software” means any software or software component or technology that is subject to an open source license. Open source licenses are generally licenses that make source code available for free modification and distribution, but can also apply to technology received and distributed solely in object code form. Examples of open source licenses include: (a) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla Public License; (d) the Berkeley Software Distribution (BSD) License; and (e) the Apache License.
- “Quick Heal
Remote Device Management Service” means service made
available by Quick Heal to its Remote Device Management
software license users via internet to manage their Device.
- “Support” means
the technical assistance in order to use the software,
provided by Quick Heal, which may or may not be chargeable to
you. For more details, please refer to www.quickheal.com.
- “Third Party Materials” means software, services, websites, offers and promotions or products provided by any third party and governed by Third Party Terms and Conditions.
- “Third Party Terms and Conditions” means any license agreements, terms of use, terms of service, privacy policies and other conditions established by third parties governing access to or use of Third Party Materials.
- “Updates” means
collections of any or all among virus definition files
including detections and solutions for new viruses along with
the corrections, improvements or modifications to the
software.
- “Upgrades”
means any correction, improvement, modification or yearly
enhancements in the form of the new version of the software
which Quick Heal generally releases once a year.
- “User Manual”
means the user guide, Help guide, and other documentation
provided with the software, updated agreements provided on the
website of Quick Heal (www.quickheal.com),
explanatory or other materials as provided from time to time
by Quick Heal.
- “You” means the
“End-User” which means:
- An individual (such an
individual) installing/using/legally acquiring the software
on his/her own behalf and every other person (whether
authorized or not by such an individual) who uses/has the
possession of the device on which the software is installed
and activated; or
- An organization (including but
not limited to a partnership, joint venture, Limited
Liability partnership, Limited Liability Company, Company of
any nature, Trust, Governmental Authority, Unincorporated
Organization, Association of Persons) or any person (such
person) who have been authorized by such an Organization to
install, download, use the software, accept the Agreement on
behalf of the Organization and every other person (whether
authorized or not by such person) who uses/has the
possession of the Device on which the software is installed
and activated.
- DO's & DON'Ts
You Can:
- make copy of the software for
backup purpose or for the purpose of sharing through various
means (and such backup copy must be destroyed when you lose
the right to use the software or is terminated for any other
reason according to the legislation in force in the country of
your principal residence or in the country where You are using
the software) and replace lost, destroyed, or becomes
unusable.
- avail Quick Heal RDM service to
manage your device (a maximum of 10 devices in one account).
You Cannot:
- emulate, or adapt any portion of
the software.
- debug, decompile, disassemble,
modify, translate, reverse engineer the software.
- try making an attempt to
reveal/discover the source code of the software.
- create derivative works based on
the software or any portion thereof with sole exception of a
non-waivable right granted to You by any applicable
legislation.
- publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense this software.
- remove or alter any copyright notices or other proprietary notices on any copies of the software.
- test or benchmark, or disclose or publish testing or benchmark results, without earlier written consent of Quick Heal.
- install the Software on any operating system not supported by this software, as reflected in the Technical Specifications.
- reduce any part of the software
to human readable form.
- use the software in the creation
of data or software used for detection, blocking or treating
threats described in the user manual.
- use for unlicensed and illegal
purpose.
- remove your user account from
Quick Heal RDM service once registered.
- retrieve deleted location
entries and back up data from the user account on the Quick
Heal RDM service.
- attempt to gain unauthorized
access to Quick Heal RDM networks.
- SIGN IN
- Quick Heal warns you that in the
process of installation of the software, the other security
products/software installed on your device may be uninstalled
or disabled if the same are not compatible with Quick Heal
software. Quick Heal expressly disclaims any loss of data,
loss of profits during such installation. If you modify your
Device or make alterations/modifications to other vendors’
software installed on it, you may be required to repeat
activation of the software or installation of license key file
or in case contact Quick Heal support. Quick Heal reserves the
right to verify the validity/legality of the license and
software.
- Quick Heal will verify the
device submitted by the user at the time of registration, if
there are problems in verification, product will not be
activated. This is an essence term for activation of product.
- Activation/Reactivation
using Short Message Service (SMS) (in India only)
The activation/reactivation of the software can be done
in two ways, i) using Internet services on device or ii)
using Short Message Service (SMS).
In case of Internet based activation, usage of Internet
bandwidth will be chargeable as per your telecom service
provider charges, if using GPRS. In case of Wi-Fi Internet,
the bandwidth usage will be chargeable as per the Internet
Service Provider charges. In case of SMS based
activation/reactivation, Quick Heal software sends two SMSs
from your Mobile Device to Quick Heal’s activation server.
These two SMSs are text-based and you will be charged for two
outgoing SMS’s as per your plan with your telecom service
provider.
- Short Message Service
(SMS) Usage.
You acknowledge and understand that activation,
reactivation through SMS facility is limited in India only
but other functionalities like, remote mobile lock, remote
data wipe and mobile tracking may be provided by Quick Heal
all over the world subject to the government policies, laws,
rules and regulations as may be applicable in India and all
over the world. Quick Heal makes use of Short Text Message
Service (SMS) while providing these services. These SMSs will
be charged to your regular mobile phone bill by your Telecom
Service Provider as per your bill plan.
- LICENSE PERIOD
- You are entitled to use this
software free, until any further communication from Quick
Heal.
- At the end of any License period, your subscription may extend for successive terms in case if any scheme to that effect is applicable/available on purchase of product.
- You understand, agree and accept
that you are entitled for updates and technical support via
the Internet and telephone. Any use of the software for any
other purposes is strictly forbidden and prohibited and Quick
Heal reserves to take any action against such unauthorized
usage.
- License for use of Quick Heal
RDM service to manage device shall be valid till your Remote
Device Management software license is valid.
- You agree, understand that any
unauthorized usage of the software or breach of any/all terms
and conditions stated herein the Agreement shall result in
automatic and immediate termination of this Agreement and the
License granted hereunder and which may result in criminal
and/or civil action by Quick Heal and/ or its agents against
you including but not limited to right to block the key
file/license key/product key and without any refund to You and
without any prior intimation/notice to you in this regard.
- If you have acquired the
specific language localization of the software, you will not
be able to activate the software by applying the activation
code of other language localization.
- Quick Heal does not guarantee
the protection from the threats more particularly described in
the user manual after the License to use the software is
terminated for any reason.
- FEATURES OF SOFTWARE
- During the license period of the
software, You have the right to use features of software.
- During the license period of the
software, You have the right to receive free updates of the
software and Quick Heal RDM service via Internet as and when
Quick Heal publishes the updated virus database and free
version upgrade as and when Quick Heal releases new version
upgrade. You agree, understand and accept that You will be
required to regularly download updates published by Quick
Heal. Any and all updates/upgrades you receive from Quick Heal
shall be governed by this Agreement, or as amended from time
to time by Quick Heal.
- You agree, accept and
acknowledge:
- that You are solely
responsible for the configuration of the software settings
and the results, actions, inactions initiated due to the
same and Quick Heal assumes no liability/responsibility in
any case and the Clause No. 10 of Indemnification shall be
applicable.
- that Quick Heal assumes no
liability/responsibility for any data deletion, including
but not limited to any deletion/loss of personal, and/or
confidential data; and/or uninstallation of third-party
apps; and/or change in settings; and / or change in contacts
and / or deletion/loss of contacts, and / or SMS logs & call
logs,; specifically authorized by You or occurs due to the
actions, inactions (whether intentional or not) by You or
any third party whom You have authorized to use, handle your
Device due to features of software.
- that to avail/use certain
features of the software, you may be required to incur some
cost and that Quick Heal does not warrant that the usage of
certain features of the software are free of cost and that
Quick Heal shall not entertain and expressly disclaims, any
claim for reimbursement of any expenses including but not
limited to any direct or incidental expenses arising out of
Your usage of such features of the software.
- You accept and agree that you
allow Quick Heal to take backup of your device on our server
as backup of your device.
- that you be solely responsible
and shall comply all applicable laws, regulations of India
and any foreign laws including without limitation, privacy,
obscenity, confidentiality, copyright laws for using any
report, data, information derived as a result of using the
software and Quick Heal RDM service.
- that while using the software,
Quick Heal suggests some actions to be initiated by You in
your sole benefit, for example “Quick Heal software may
suggest You to uninstall infected applications”, however
such actions are suggestive and Quick Heal takes no
responsibility/liability if you perform such suggestive
actions or not and Quick Heal assumes no
responsibility/liability for any liability arising out of
such actions/inactions.
- OPEN SOURCE SOFTWARE
You hereby acknowledge that the Software may contain Open Source Software (as defined above). The Open Source Software, if any, contained in the Software, shall be governed by the terms and conditions as is mentioned in detail in the applicable Open Source Software license. Nothing in this Agreement limits your rights under, or grants You rights that supersede, any Open Source Software license. You acknowledge that the Open Source Software license is solely between You and the applicable licensor of the Open Source Software. All the terms of all applicable Open Source Software licenses, if any shall be binding on You and will be complied by You. License, copyright and trade mark information for the Open Source Software are disclosed in the links given herein below. Quick Heal is not obligated to provide any maintenance or support for the Open Source Software or any Product Software that has been modified by You pursuant to an Open Source Software license.
- SUPPORT
Quick Heal offers support features
during usage of this software and Quick Heal RDM service i.e.,
Live Chat with technical support team and/ or the technical
support team may, at your discretion, take remote access. The
availing of this support will be solely at your discretion and
you are solely responsible to take back up of the existing
data/software/programs in your device before availing such a
support. Quick Heal will not be held responsible for any loss
of data, any kind of direct/ indirect/ consequential loss or
damage to data/ property arising during this entire process. If
at any point of time the technical support team is of the
opinion that it is beyond their scope, it will be the sole
discretion of Quick Heal to suspend, cease, terminate or refuse
such support as Quick Heal does not claim any warranty and/or
guarantee of any kind in providing the support feature.
- EMAIL/ELECTRONIC
COMMUNICATION
Once you register the software by
activating the software, Quick Heal may communicate with you on
the contact information submitted during the registration
process through email or any other electronic communication
device. The communication can be for the purpose of product
verification for your convenience.
- QUICK HEAL STATUS
UPDATE
Upon every update of licensed copy,
Quick Heal update module will send current product status
information to Quick Heal Internet Center. The information that
will be sent to the Internet Center includes the Quick Heal
protection health status like, which monitoring service is in
what state in the system. The information will be used to
provide quick and better technical support for legitimate
customers.
All the registered
users/subscribers will get the updates free of cost from the
date of license activation till the expiry date of the license.
- COLLECTION OF
INFORMATION
Quick Heal software and Quick Heal
RDM service may collect the following information which may /
may not contain any personally identifiable information either
with or without your discretion/permission for statistical
purpose or enhancing and evaluating the ability, effectiveness
and performance of Quick Heal's product in identifying and/or
detecting the malicious behavioral pattern, inherently
fraudulent websites and other Internet security threats/ risks.
Password entered by the end users during registration is not
stored at Quick Heal server. This information will not be
correlated with any personally identifiable information except
as herein stated and shall include, but not limited to:
- Any type of Executable files
which the software may identify having a potentially malware
behavioral pattern.
- Any type of information relating
to the status of the software that whether there occurred any
error while installing the software or the installation was
successful.
- Any type of URLs of websites
visited that the software deems inherently and potentially
fraudulent.
- Any type of information that
software deems potentially fraudulent, posing security risks/
threats.
- Any type of information for
identifying the Media Access Control (MAC) address of the
Device, Global Positioning System (GPS), International Mobile
Equipment Identity (IMEI), Subscriber Identity Module Number
(SIM) on which the software has been installed.
- Any type of information for
identifying the Internet Protocol (IP) Address and information
required for effective license administration and enhancing
product functionality and usability.
- You admit that the
information/data as collected above can be used for analyzing,
preventing and detecting the potential internet security
risks, publishing any type of data/ reports/ presentations on
the trends collected, sharing the data to create awareness
with any organizations, vendors.
- INDEMNIFICATION
- You expressly understand, admit
and warrant that in no event shall Quick Heal and/or any of
its directors, employees, agents, partners, distributors be
liable from any and against all claims, expenses, suits,
costs, demands, judgments whatsoever made by you and/ or any
third party for any direct, indirect, incidental, special,
punitive, consequential and/or exemplary damages including,
but not limited to damages for loss of business/profits,
damages for loss of confidential/other information, failure to
meet any statutory duty/duty of reasonable care/duty in good
faith, economic/notional loss, loss for business interruption,
goodwill, damage and loss of data or programs, or other
intangible losses (even if Quick Heal has been advised of the
possibility of such damages), to the fullest extent
permissible by law:
- arising due to your usage of
software and Quick Heal RDM service;
- your negligence or inability
of using the software or support and Quick Heal RDM service;
- any dispute between you and
third party with respect to availing the software and Quick
Heal RDM service;
- your violation of any rights
of any other individual and/or entity;
- your breach of the Agreement;
- your violation of any
provisions under any acts in India or abroad;
- the failure of Quick Heal to
provide Support Service or any other service/information.
- This limitation will apply to
all causes of action whether arise in equity or tort,
including but not limited to breach of contract, breach of
warranty, negligence, strict liability, misrepresentations and
hereby release Quick Heal and/or its directors, employees,
agents, distributors from any and all obligations, liabilities
in excess of the limitation stated herein.
- In the event, Quick Heal and/or
its directors, agents, employees, distributors are found
liable, You Understand and accept that there is no liability
of Quick Heal and/or its directors, agents, employees,
distributors. This Clause shall survive the termination of
this Agreement.
- DISCLAIMERS
INTELLECTUAL PROPERTY
The software, source code,
activation code, license keys, documentation, systems, ideas,
information, content, design and other matters related to the
software, Quick Heal RDM service, trademarks are the sole
proprietary and Intellectual Property rights of Quick Heal
protected under the Intellectual property Laws and belongs to
Quick Heal. Nothing contained in this Agreement grant to You any
rights, title, interest to intellectual property, including
without limitation any error corrections, enhancements, updates
or modifications to the software and Quick Heal RDM service
whether made by Quick Heal or any third party. You understand
and acknowledge that you are provided with a License to use the
software subject to the terms and conditions of this Agreement.
This Software may include certain third party components which are governed by the license agreements executed between Quick Heal and the respective third party owners. [The third party components licensed under terms of the certain agreement requires Quick Heal to disclose that Intellectual Property rights and ownership rights shall remain with Quick Heal and/or its technology licensing partners respectively. Even if such third party components are governed by respective agreements/contracts, the disclaimers and the limitations shall apply as mentioned in this End User License Agreement.]
All the title, ownership and all rights including Intellectual Property rights of the Third Party shall rest with the concerned Third Party only and the User shall also be liable to comply with their License Terms. Where applicable, such third party will be beneficiary of this End User License Agreement.
Quick Heal RDM
services
If you are availing Quick Heal RDM
services, you are agreeing for End User License Agreement and
Privacy Policy for the Quick Heal RDM services. To read and
accept End User License Agreement and Privacy Policy, please
visit
https://mydevice.quickheal.com/locale/en/privacyPolicy.html
https://mydevice.quickheal.com/locale/en/licenseAgreement.html
GENERAL
- Force Majeure.
Quick Heal will not be liable for any delay or failure to
fulfill its obligations hereunder that results from an act of
God, war, civil disturbance, government policies, or other
cause/s beyond its control. Provided that Quick Heal shall
endeavour to complete the task within a reasonable period after
happening of any event as covered under such force majeure.
- Legal
Jurisdiction. This agreement and any matter relating thereto
shall be subject only to jurisdiction of Courts at Pune, India
and shall be interpreted as per the terms of the law/s for the
time being in force in India. Any dispute which may arise out
of this Agreement, breach of terms and conditions under this
Agreement, shall be settled by direct negotiations between You
and Quick Heal. In the case of failure to resolve the dispute
in the manner set out above within 30 days from the date when
the dispute arose, the dispute shall be referred to a
arbitrators appointed by Quick Heal. The venue of arbitration
shall be Pune. The arbitration proceedings shall be governed by
the Arbitration and Conciliation Act, 1996 and Indian Laws and
shall be conducted in the English language. The arbitrators
shall also decide on the costs of the arbitration proceedings.
To the extent possible, after the commencement of any arbitral
proceedings the Parties shall continue to perform their
respective obligations under this Agreement. The provisions of
this Clause shall survive termination of this Agreement.
Subject to the provisions of this Clause, the Courts in Pune,
India shall have exclusive jurisdiction and the parties may
pursue any remedy available to them at law or equity.
- Complete
Agreement. This Agreement comprises the entire agreement
between the parties regarding the subject matter, and
supersedes any proposals, communications or advertising, oral
or written, with respect to the software or subject matter of
this Agreement. You shall be bound by any and all clauses of
the Agreement updated and displayed on the website of Quick
Heal www.quickheal.com from time to time and
the Agreement displayed on the website (from time to time) will
be the finally concluded and binding Agreement between You and
Quick Heal for all legal purposes. In case of any
dispute/queries arising out of any translated versions of this
Agreement, Quick Heal hereby expressly specifies and confirms
that the English version as displayed on the website will be
final for interpretation and the terms used, meaning conveyed
in the English version will be authoritative and binding. Any
waiver by either party of any violation of any provision of
this agreement by the other party will not be deemed to waive
any other violation of the same or any other provision.
- Severability. If
any of the provisions contained in this Agreement is found by a
court of competent jurisdiction to be invalid, illegal or
unenforceable in any respect, the validity, legality or
enforceability of the remaining provisions contained herein
shall not be in any way affected or impaired thereby and the
balance of the Agreement will continue in full force and effect
to the maximum extent permitted by law or equity while
preserving, to the fullest extent possible, its original
intent.
- Survival. The
Clauses in this Agreement including not limited to rights to
“Indemnification”, “Limited Warranties & Disclaimers” and
“Intellectual Property” shall survive expiration or termination
of this Agreement.
- Internet connection. Certain Solutions may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.
- You cannot assign your rights or
delegate duties or obligations under this Agreement. The
failure to exercise or delay in exercising a right or remedy by
Quick Heal under this Agreement shall not constitute a waiver
of the right or remedy or a waiver of any prior, concurrent or
subsequent right or remedy.
- The Section numbers and headings
are included merely for the convenience of the parties and are
not to be construed in interpreting this Agreement.
- QHT reserves right to amend this
End User License Agreement from time to time and will keep
updated on its website www.quickheal.com and
it would be binding on end user. This is an essence of use of
software.
- Quick Heal reserves the right to
co-operate with any legal process and may provide documents,
information related to your usage of the software and your
general usage of the Device.
OSS LICENSES
