1. PREAMBLE
Panda Software International S.L., in compliance with the provisions
of Spanish Law 34/2002 on Information Society Services and Electronic
Commerce (hereinafter LISSEC), hereby notifies the User, prior to the
rendering of services, of the procedures and obligations required for
the execution of this agreement:
a. The User undertakes to read the contents of these General Terms
and Conditions and Privacy Policy (hereinafter the Conditions)
carefully.
b. The User undertakes to enter the personal details and any additional information required for the service to be provided.
Panda Software International S.L. guarantees, by means of the
contents of the Conditions, to comply fully with applicable consumer
protection legislation in order to protect the legitimate interests of
users throughout the entire process of contracting the products,
services, content and/or tools offered via the website.
2. THE PARTIES TO THE AGREEMENT
The present Conditions are subscribed by:
Panda Software International S.L., (hereinafter Panda Software),
with registered offices at Buenos Aires 12, Bilbao (Spain), for
notification purposes, with VAT number B- 48435218, registered in the
Mercantile Register of Bilbao, Tome BI-59, Book 134, Sheet BI-767-B,
1st inscription, and owner of pandasoftware.com, duly registered in the
Mercantile Register of Bilbao, in accordance with the LISSEC.
and
The User, being the person that uses the website and/or the
products, services, content and/or tools and who has entered his or her
details in the form provided by Panda Software in order to access any
of the products, services, contents and/or tools offered via the
website owned by Panda Software. The User is solely and exclusively
responsible for the authenticity of the data entered.
3. SCOPE AND PURPOSE
The present Conditions applying to the offer of services, as well as
any other terms and conditions which may be applied, have the purpose
of regulating the purchase and acquisition of the products, services,
contents and tools provided by Panda Software to the User via its
website and constitute the legal framework within which the contractual
relationship is established, whether via financial transaction or the
free provision of goods or services (in accordance with the specific
license agreements corresponding to the products, services, contents
and/or tools).
The products, services content and or tools subject to this
agreement will be those made available to users at the following
website belonging to Panda Software: http://www.pandasoftware.com
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.
4. ACCEPTANCE AND AVAILABILTY OF THE CONDITIONS OF USE OF THE WEBSITE
The present Conditions, along with any specific conditions that
could apply, regulate the contractual relationships entered into by the
User via the Panda Software website. The User expressly accepts to
abide, without reservation, by the version of these provisions
published by Panda Software at the moment in which the product,
service, contents or tools are contracted. The User therefore
undertakes to read the contractual conditions each and every time he
or she contracts a product or service, as said conditions may have
changed since they were last accessed.
The present Conditions are not exhaustive and other conditions
specific to certain products, services, contents or tools available on
the website may exist and will be available to the User where
applicable.
By accepting the present Conditions the User declares:
a. That he or she is legally entitled to execute agreements.
b. That he or she has read and accepts the present Conditions.
The User will always have access to all contractual terms and
conditions applying to the products, services, tools and content
available on the website prior to the execution of the agreement. The
User may contact Panda Software by e-mail at: legal_affairs@pandasoftware.com with any questions relating to the present Conditions.
5. MODIFICATION TO THE CONDITIONS FOR CONTRACTING AND USING THE WEBSITE.
Panda Software may, with due cause or reason, modify the present
provisions. Due cause or reason is understood to be when such
modifications are as a result of the:
a. Increase to the range of products and services available to the User or improvements to existing products and services.
b. Adaptation to technological advances of the products and services subject to the present conditions.
c. Modification, substitution or update of the prices of the products and services offered via the website.
6. CONDITIONS FOR ACCESSING THE WEBSITE AND USING THE PRODUCTS AND SERVICES
Access
to the Panda Software website is free of charge, without prejudice to
any specific pricing conditions that may apply to the acquisition of
certain products or services or the use of certain content or tools.
The
User undertakes and guarantees to use the website in accordance with
applicable legislation, the Conditions established in the present
agreement and respecting accepted moral standards.
To this end, the User undertakes to:
a) Not use the services, products, content and/or tools that Panda
Software has made available, for illegal purposes or purposes expressly
prohibited by these provisions or the effects of which may infringe
upon the rights or interests of Panda Software or third-parties.
b) Abstain from any activity that could damage, overload, harm or
impede the normal functioning of Panda Software’s website. Similarly,
and in accordance with applicable legislation, the User undertakes to
refrain from illicitly or fraudulently obtaining site contents or
stealing or plagiarising said contents.
c) Not to use the products, services, contents or tools for illicit
purposes, or for any end which could be prejudicial to Panda Software.
The User shall not modify, copy, distribute, publish, grant or sell any
information or image in any way related to the products, services,
contents or tools offered by Panda Software through its website content.
The User shall hold Panda Software harmless in the event of damages
caused to third-parties as a result of the User’s rightful or wrongful
use of the products, services, contents or tools available on the
website.
To this end, the User accepts sole and exclusive responsibility for
any liability that may arise from the circumstance described in the
previous paragraph. Similarly, the User will meet legal costs and
compensation that could arise from legal proceedings resulting from the
User’s failure to comply with that established in the preceding clauses
or in any other applicable legislation.
Panda Software, in order to guarantee the rights established in these Conditions and fulfilment of applicable legislation, may:
a) Appoint administrators to supervise the service, respecting, in all circumstances, the User’s right to privacy.
b) Temporarily interrupt website services without prior warning and at any time for technical or legal reasons.
c) Modify the conditions governing the offer of products, services, content or tools for technical or legal reasons.
d) Modify the content of products, services, content or tools
on the website without prior notice, should it see fit for business
reasons. It also reserves the right to refuse access, without prior
notice, to the products, services, content or tools to any User who
contravenes the present Conditions.
e) Remove or replace any information that may be illegal or
simply offensive from the products, services, contents or tools offered
via the website.
f) Report to the competent institutions any suspected illicit conduct, activity or data of which Panda Software is aware.
7. THE PARTIES’ OBLIGATIONS
a. Panda Software’s obligations
Panda Software undertakes to fulfil the following contractual
obligations which arise from the commercial relation with the User as a
consequence of his or her contracting the products, services, content
or tools:
Provide the User, in good faith and with maximum guarantees, the
product, service, content and or tool requested by the User in
accordance with the present Conditions, and the end user license
agreement where applicable.
Expressly inform the User of the existence of the present Conditions prior to the execution of the agreement.
Specifically, precisely, clearly and unequivocally inform the User
prior to the execution of the agreement of the specific characteristics
of the products, services, content or tools requested, as well as of
the prices and any applicable taxes.
Make available to the User the text of the Conditions. Similarly,
and for those products, services, content and/or tools that require,
any applicable specific terms and conditions derived from the user
license agreement of the item in question.
Give the User confirmation that the transaction has been successful,
except in the case of those products that are executed immediately,
within 24 hours of payment (where required) and acceptance of the
applicable conditions by the User.
Send the User the receipt of payment or invoice for the products or
services contracted from Panda Software, should such products or
services require purchase.
Comply with applicable consumer rights regulations and legislation
with respect to the return of products and services by the User, as
specified in the sections concerning returns in the present Conditions.
b. The User’s obligations
The user undertakes to:
Fulfil the obligations established in the present Conditions, as well as the specific conditions established on the website at: http://www.pandasoftware.com, concerning the products, services, content and tools offered by Panda Software.
Complete the registration forms with true and accurate information,
where such information is a mandatory requisite for accessing Panda
Software’s products, services, contents or tools.
Complete the forms required for the purchase of products, services,
content and tools with true and accurate information, as such
information may be necessary for these items to be delivered and/or
invoiced.
Use the products, services, content and tools in accordance with the
specifications laid out in the Conditions and solely for the purposes
established in the end user license agreement.
Provide, in the case of purchasing products, services, content and
tools, the financial details required by Panda Software, and pay all
sums due in accordance with the method of payment and the established
prices published by Panda Software with respect to each product or
service at the moment they are contracted.
Refrain from sending messages which could impede or interfere with
the normal operation of the services offered by Panda Software. In any
event, the User will be solely responsible for the messages he or she
composes and sends, as well as the data he or she provides.
8. LIABILITY OF THE PARTIES
a. Panda Software’s liability for the functionality of the website.
Panda Software will only be liable for loss or damages incurred
by the user as a consequence of accessing the website, acquiring
products or services, or using the contents or tools when such damages
are attributed to willful misconduct on the part of Panda Software.
Similarly, Panda Software will not be held liable for damages
incurred by the user in the event of the impossibility of offering the
service subject to the present general agreement conditions due to
accident, force majeure or other causes not attributable to Panda
Software.
Neither will Panda Software be liable for the malfunction of the
website where such malfunction is due to maintenance work, incidents,
malfunction of the terminal or lack of sufficient resources for
supporting the systems essential for the use of the service.
Panda Software will take the measures necessary to ensure a rapid
response, but Panda Software will not be held responsible for delays
attributable to telecommunication services nor does it guarantee
delivery times for product, services or where applicable, contents or
tools.
b. User’s liability
The User will be solely liable for the consequences of the communication of false data or data corresponding to third parties.
In the event of failure by the User to comply with the applicable
obligations arising from the agreement, Panda Software reserves the
right to take any corresponding legal action as well as restricting
access to products, services, content and tools.
9. LIMITATION OF LIABILITY
Panda Software makes every effort to ensure that the information
that appear on its website is true and up-to-date. However, errors or
omissions may occur, and for this reason, the User should not consider
information to be accurate without first checking the accuracy of the
information with Panda Software. None of the information or content on
this website should be considered as an indubitable fact. Panda
Software cannot control how the User utilizes the information or
content offered on this website and will therefore not be held
responsible for deeds, acts or damages, whether direct or indirect,
suffered by the User or third-parties which could be the consequence or
arise from the use of said information or content.
To this end the User holds Panda Software harmless from any
liability arising from interruptions when acquiring products, content
and tools, or disruptions to the provision of services due to force
majeure or circumstances beyond its control. To this effect, elements
beyond its control include (i) the modem, (ii) the User’s IT systems,
(iii) Internet browsing software, (iv) viruses, (v) telephonic and
electrical connections, (vi) ADSN, and any other transport or
telecommunication infrastructure used by the User.
10. 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 that such data will be
treated confidentially and in accordance with legislation governing the
protection of personal data and 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 or her express consent for the
aforementioned personal data to be transferred to Panda Software’s
International Representatives and or Authorised Distributors, solely
and exclusively for the purposes established in the above paragraph and
in accordance with the Organic Law on the Protection of Personal Data
and in Instruction 1/2000 on the International Transfer of Personal
Data. More information about the identity of Panda Software’s
International Representatives and Authorised Distributors is available
at: <http://www.pandasoftware.es/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 Panda Software 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).
11. 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 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 does not associate IP
addresses with personally identifiable information.
12. HYPERLINKS
Panda Software is not responsible for web pages linked to its
website, and will not therefore be responsible for the contents on any
such website. Users consult such web pages at their own risk, under
their own terms, conditions and legal notices for which Panda Software
is not responsible.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
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, colour 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 authorisation 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
authorisation 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.
Panda Software reserves the right to revoke authorisation to use the
content of its website at any time. In such cases, those concerned must
cease to use the utility. Panda Software will not be responsible for
any third-party information to which part or all of the contents of its
website have been added.
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.
14. PRICES
The prices and tariffs corresponding to the purchase of products and
services by the user will be those that appear in Panda Software’s
website (www.pandasoftware.com)
in the moment that the User accesses the product or service and
commences the purchase process. Similarly, the conditions concerning
shipping costs and taxes will those specified on the corresponding web
page.
Should the product or service contracted by the User need to be
physically delivered, shipping costs may vary according to the
geographical location of delivery and will be met by the User.
Panda Software reserves the right to modify tariffs and price lists
published on its website should it see fit. In any event, any such
changes will not apply to products and services contracted prior to the
modification, with the exception of concepts related to the renewal of
products and/or services.
Methods of payment for the services will be as specified in the
corresponding conditions at the time they are contracted and will
always be available to the User prior to their being contracted.
Panda
Software reserves the right to cancel the services contracted by the
User in the event that the latter does not respect the methods of
payment stipulated, or does not pay for the products and/or services.
15. DURATION OF THE AGREEMENT
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
product’s end user license agreement available to the User beforehand.
The present Conditions and any corresponding specific conditions
shall remain in force for as long as they are published on the
aforementioned website and will apply from the moment the User uses
the website and/or begins to contract any of the products, services,
contents or tools.
Panda Software reserves the right to unilaterally modify the
Conditions, without prejudice to the conditions under which products
have been acquired prior to such modification, with the exception of
cases in which users have acquired a new product version, or if
services have been modified by Panda Software, in which case, the terms
and conditions in force at the moment of the change or modification
will apply.
16. DELIVERY PERIODS AND METHODS
Due to the wide range of Panda Software products and services on
offer, delivery periods and methods will be as specified in each case
at the time they are contracted.
In any event, Panda Software guarantees to deliver the product or
provide the product or service contracted by the user in under than
thirty working days as of the day after the User has accepted the
present Conditions or, where applicable, the specific conditions and/or
the end user license agreement for the product or service requested.
However,
Panda Software shall not be held responsible in the event that the
aforementioned delivery period is exceeded due to force majeure,
accident or due to the actions of third parties.
17. TERMINATION OF THE AGREEMENT
Panda Software reserves the right to terminate the products,
services, contents or tools contracted at any time, and without prior
notice should the User fail to comply with the general and specific
contractual conditions or where applicable the end user license
agreement for the product or service in question.
The User will have a period of seven working days, as of the
date of receipt of the product or the date of execution of the
agreement in the case of services, within which time he or she may
terminate the agreement subscribed with Panda Software without any
penalty whatsoever.
To exercise the aforementioned right, the User must inform Panda
Software in writing, either by fax, registered postal mail or by e-mail
at: customer.service@pandasoftware.com
In this event, Panda Software will reimburse the User within 30 days of the receipt of the written notification from the user.
Under no circumstances may the User exercise the right to terminate
or withdraw from the agreement in cases where the goods supplied
coincide with their specifications, or, where due to the nature of the
goods, they cannot be returned or expire rapidly, such as IT products
supplied digitally which could be rapidly downloaded or reproduced.
18. RETURNS
Should the product and/or service contracted by the User need to be
physically delivered by Panda Software to the User, the user may return
the product within seven days of receiving it. The User may return the
product provided it has not been opened or used and that its original
packaging or warranty seal is unbroken and that it is returned along
with the invoice or delivery note.
To this end, in the event that once the product has been bought
and paid for by the user, the product is no longer available, Panda
Software will fully reimburse the user within thirty days.
19. APPLICABLE LEGISLATION AND JURIDICTION
The present contractual conditions are governed by applicable Spanish legislation.
In the event of any doubt or disagreement about the interpretation
of the provisions herein or their effects, the only competent authority
will be the Bilbao Courts of Justice. The User expressly renounces any
other jurisdiction that may correspond to him or her.
20. NOTIFICATIONS
All notifications, requests, petitions and other communication
carried out by the parties with respect to the present general terms
and conditions must be written and sent by registered post or burofax
to the other party at their postal address.
21. EXPORT RESTRICTIONS
Some of the Panda Software products available via this website may be subject to US export restrictions and regulations.
The Panda Software products affected by such restrictions are
those listed below. Such restrictions apply to all versions of these
products including final release versions, betas, trial versions or any
other and also to any doc
mentation connected with the product.
-
Panda Antivirus 2007
-
Panda Antivirus + Firewall 2007
-
Panda Internet Security 2007
-
Panda DesktopSecure for Linux
-
Panda BusinesSecure
-
Panda EnterpriSecure
-
Panda GateDefender
These programs 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 programs 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.
22. 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.