These Terms apply to all software, services and web applications, designed, developed and offered by Maicol07, licensed or made available to you, including support tools, web portals, community forums and services that directly support their use, related documentation and any updates or upgrades to any of the foregoing (collectively, the "Software" hereafter). These Terms also apply to programs made available to you under a purchased license or related agreement where these Terms are invoked.
IMPORTANT: BEFORE INSTALLING OR USING THE SOFTWARE, PLEASE READ THE FOLLOWING LEGAL TERMS ("TERMS") CAREFULLY OR, IF YOU ARE A MINOR, HAVE YOUR LEGAL GUARDIAN READ THEM. SELECTION OF THE ACCEPTANCE OPTION OR THE INSTALLATION, COPYING OR USE OF THE SOFTWARE OR THE SOFTWARE-BASED SERVICE IMPLIES THAT YOU (REPRESENTED BY AN INDIVIDUAL OR LEGAL ENTITY) HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ALL THE TERMS SET FORTH HEREIN. IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS, DO NOT INSTALL, USE OR COPY THE SOFTWARE.
You acknowledge and agree that the Software is subject to specific limitations, such as its intended use and certain technical requirements, including, without limitation, operating system, storage space, geographic location and network connection. Please note that the Software may not be available and/or permitted in your country of residence.
Subject to payment of applicable fees and subject to these Terms, you are granted a limited, non-exclusive, non-transferable, non-assignable and revocable right to use the Software as specified in these Terms, for the period agreed separately between you and Maicol07.
You are permitted to do so:
a) Install and use the Software only on the number of units (typically handheld devices, smartphones, personal computers, servers or other hardware, defined as the "Device") established within the Software, by license or under the agreements associated with these Terms. If the Software and/or related services are shared over a network or if the Software is used for the purpose of filtering traffic on servers, firewalls or gateways, you must have a license to scan capacity or for the total number of users to whom services are provided through the Software. In such cases, you may install the Software on all necessary units;
b) Create copies of the Software solely for installation and backup purposes.
c) Extend the number of licenses by purchasing additional licenses.
The user is not allowed:
a) install and use the Software if such practices constitute a violation of these Terms, the Software license or other related documentation;
b) Distribute copies of the Software to third parties, transfer the Software by electronic means to a computer belonging to a third party, allow third parties to copy the Software, except and to the extent that such activity is expressly stated in the relevant documentation.
c) Modify, adapt, rent, lease, resell, distribute, create derivative works based on the Software and/or related files (including, without limitation, databases, news, descriptions or any other content) or on any other part of it;
d) decompile, reverse engineer, disassemble or otherwise reduce the Software and/or related files (including, without limitation, databases, news, descriptions or communications between applications) in any human-perceivable form (except to the extent permitted by mandatory copyright laws);
e) use the documentation for any purpose other than to support the use of the Software;
f) disclose to third parties the license code provided for the installation or use of the application, except for a multiple-use license that requires disclosure to such other users;
g) use the Software or any part of it to implement any products or services so that they function within or in connection with the Software for purposes other than those for which the Software is provided (not vake for those Software where it is expressly stated that it supports the creation of such add-ons created by third parties in the official documentation);
h) if the Software includes an automatic update feature, use such component in order to publish, distribute and/or obtain software or content (i) not specifically related to the products and/or services offered by Maicol07 and (ii) not related to security (or any updates to such software or content);
i) in any case, use the Software for the following purposes: (i) collecting or distributing private information, copyrighted content or trade secrets that you do not have the right to collect or distribute; (ii) distributing illegal, defamatory, pornographic, offensive, harassing, threatening or including content or code with destructive features; (iii) accessing or distributing child pornography or bestiality; (iv) spam; (v) malware, botnets, phishing, denial-of-service attacks, illegal hacking, unauthorized port scanning or unauthorized access; (vi) impersonating another person; (vii) violate the legal rights of another person; (viii) violate applicable laws, including, but not limited to, export and money-laundering laws in your jurisdiction for specific products; (ix) other invasive or fraudulent purposes, or uses that may interfere with the operation of the Software or the ability of other users to use the Software; (x) handle content that conflicts with permitted content guidelines maintained by third parties from whom you purchased the Software.
For information about additional rights in the Software not expressly granted in these Terms, please contact Maicol07 directly.
These restrictions apply in addition to the above, when you use, download or install a trial, beta or free trial version of the Software or when you are licensed by Maicol07 or its distributor expressly for evaluation purposes. In such cases, the Software is subject to change and may have enhanced advertising functionality. You acknowledge that the right to use the Software is free of charge: (i) Maicol07 is under no obligation to provide support or maintenance services for the Software and (ii) Maicol07 may terminate the license for the Software at any time or cease its availability, cease or modify its functionality, or limit or convert the free functionality to paid functionality. A fixed-term license is granted for the sole purpose of evaluating the Software or using it as an additional or case-specific tool and only for the specified trial period, which begins on the date the Software is first installed or registered. Upon expiration of the term, the user must either purchase a license for the Software from Maicol07 or its distributor, or destroy and stop using the Software.
You acknowledge that certain components of the Software may be governed by "open source" software licenses ("OSS Licenses"). Some of these OSS Licenses require the distributor to make the Software available in source code format ("Open Source Components"). The rights of use with respect to the Open Source Components are granted to you directly by their respective owners, according to their applicable license conditions. If required by the terms of the OSS Licenses, such OSS Licenses with respect to the respective OSS Components are available in the Software installation directory or elsewhere specified in the Software.
Some Software may access data from third party services, to improve the user experience of the services, to extend their functionality or only to extract data for use in the Software. In any case, the Software will not access your data after you have given authorization or entered your credentials to access the external service from the Software. Data may also be transmitted outside the third party service with which the Software communicates: in this case, Maicol07 and the external service are not responsible for their privacy, security or integrity.
Ownership, property rights and intellectual property rights in the Software remain with Maicol07 and/or its licensors. Maicol07 and its licensors reserve all rights not expressly granted to the user.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY EXCEPT AS EXPRESSLY STATED HEREIN. MAICOL07 MAKES NO WARRANTY FOR THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MAICOL07 EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK IN TERMS OF THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation or exclusion of express or implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary from jurisdiction to jurisdiction.
IN NO EVENT SHALL MAICOL07 BE LIABLE TO YOU UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, IN DISPUTES OR CONTRACTS, FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, LOST OR DAMAGED DATA OR FILES, FAILURES, ERRORS OR MALFUNCTIONS OF THE DEVICE OR THE APPLICATION OR ANY OTHER ECONOMIC OR COMMERCIAL LOSS DUE TO THE USE OR INABILITY TO USE THE SOFTWARE, RELATED DOCUMENTATION OR SERVICES OF THIRD PARTIES, EVEN IF F-SECURE HAS BEEN MADE AWARE OF THE RISK OF SUCH DAMAGES.
MAICOL07'S MAXIMUM TOTAL LIABILITY TO THE USER FOR ACTUAL DAMAGES DUE TO ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE USER FOR THE SOFTWARE. IN THE EVENT OF DAMAGES RESULTING FROM A SOFTWARE ERROR LEADING TO LOSS, DAMAGE, UNAUTHORIZED DISCLOSURE OR CONTINUED UNAVAILABILITY OF CONTENT, THE LIABILITY SHALL BE EXPRESSLY LIMITED TO THE AMOUNT PAID BY THE USER FOR THE SOFTWARE LICENSE FOR THE SIX MONTHS PRECEDING SUCH ERROR.
Some jurisdictions do not allow the limitation or exclusion of liability, so the above limitations and exclusions may not apply to you or may apply only in part. Nothing contained in these Terms shall affect the statutory rights of any party representing a consumer.
With respect to licenses purchased by consumers residing in Germany or Austria, the following limitations of liability shall apply in place of Sections 1 and 2 above. With regard to claims for damages, reimbursement of expenses and other liability claims resulting from contractual, non-contractual, breach of statutory duties or the terms of this license, the following conditions shall apply: Maicol07 shall be liable without limitation in the event of i) intentional or grossly negligent damages, ii) claims in accordance with product liability laws in Germany and Austria, and iii) in the event of violation of personal rights. In cases of slight negligence, the following conditions shall apply: Maicol07 shall only be liable in the event of violation of essential contractual obligations (core contractual obligations). This liability shall be limited to typical contractual and foreseeable damages, as well as in the case of damages of a material or pecuniary nature.
You are obligated to indemnify, defend and hold Maicol07 harmless from (i) any and all costs, expenses, claims, damages, liabilities incurred and/or proceedings brought against any of the Recipients of the indemnity arising out of your illegal conduct and/or violation of third party rights by you, (ii) without limitation, attorneys' fees and outside counsel resulting therefrom; and/or (ii) any damages caused by you through your use of the Software.
To enable Maicol07 to protect your device and digital life, most of our Software must collect and process data about your device and your use of the Software. This data generally consists of object security data, analysis results, statistics, file metadata, Software usage metrics and other similar data. Our design principle is to try to limit our ability to link this type of data to the user personally.
In addition, F-Secure collects and processes data in a way that is personally identifiable to the user. Such personal data generally consists of: i) data actively sent to us by you (e.g. contact and registration data, information to solve a service problem) and ii) data automatically collected by the Software or generated by your use of particular functions (e.g. information regarding license assignment, device and software, user account activity, geographical location of the device, operating system, etc.).
For any direct feedback, ideas and suggestions for improvement provided by the user to Maicol07 (collectively, "Feedback"), via the [tracker](https://bugs.maicol07. en), chat or email form on the Maicol07 website, email, or any other means of contact, you grant Maicol07 a free, transferable, sublicensable, non-exclusive, worldwide right to use such Feedback in any of our products and activities for the duration of the legal protection afforded by applicable laws, regulations and international treaties and conventions regarding copyright or industrial property rights.
Maicol07 is constantly improving its services. Maicol07 reserves the right to change features or functionality of the Software. Maicol07 makes such changes, for example to provide the user with better products or services, to adapt the Software to changes in the market or regulations and to take account of any subsequent technical constraints. Therefore, Maicol07 reserves the right to upgrade and modify the Software from time to time. Such changes may include, but are not limited to, adding new functions or removing existing functions. In the event such upgrade or modification is not automated, but provided to the user as an optional option, the user must use the latest version of the Software to optimize security and usability. Maicol07 also reserves the right to terminate the maintenance and support of certain versions of the Software (including versions designed for use in certain operating systems), resulting in the Software being unusable. The use of the Software for which maintenance is discontinued is not recommended and such use is the sole responsibility of the user. Further information on product life cycles is available on the Maicol07 website. Given the likely evolution of the Software during your subscription, Maicol07 may need to revise these Terms in connection with updates and the revised Terms will apply, at the time of acceptance, to the corresponding versions of the Software. Use of the Software with Updates is not possible without acceptance of the updated Terms when requested. When you accept a new version of the Terms when you install service on a new Device, or update the version on a current Device, the new version will automatically cover all of your Devices and subscription installations (does not invalidate app store terms).
Should any part of these Terms be invalid and unenforceable, this will not affect the validity of the other Terms, which will remain valid and enforceable.
You acknowledge that the use of the Software may result in additional data transfer costs. These costs may vary depending on the type of your device/connection/network. These costs are the responsibility of the user, not Maicol07.
You confirm that you have been made aware and agree that the Software, or any part thereof, may be temporarily unavailable or inoperable due to repairs, upgrades, maintenance or problems over which Maicol07 is reasonably unable to exercise control (force majeure). Maicol07 shall not be liable for any consequences of such interruptions. They undertake to restore the availability and operation of the Software as quickly as reasonably possible, depending on the technical problems that have occurred. Scheduled maintenance and possible disruptions (when possible and when detected) will be notified on the status page.
Without prejudice to any other right of termination or expiration provided for in these Terms, whether by contract or by law, Maicol07 may terminate your license to the Software immediately and without notice in the event of your breach of any of these Terms or your use of the functions of the Software for purposes other than those specified in the official documentation.
In the event Maicol07 finds that you are using the Software i) in violation of these Terms, ii) of other applicable terms, iii) of the purpose for which the Software is intended, or iv) in a manner that could affect the use of the Software by third parties (e.g., by monopolizing access bandwidth) or cause damage to third parties, Maicol07 reserves the right (i) not to renew the license, (ii) to limit the use of the Software and/or any part thereof, and (iii) to terminate the license.
You acknowledge and agree that the Software may be subject to restrictions and controls imposed by national laws and regulations, including, without limitation, European Union regulations or the United States Export Administration Act (collectively, the "Export Regulations"). You agree and certify that neither the Software nor any product related to the Software is or will be purchased, shipped, transferred or re-exported, directly or indirectly, to a country to which export is prohibited by the Export Regulations and related regulations, and that you will not use the Software for any purpose prohibited by those regulations. By using the Software, you acknowledge and agree to the foregoing, and you represent and warrant that you will comply fully with the foregoing regulations when exporting, re-exporting or importing the Software or related information technology. You further warrant that you are not a citizen of a U.S. embargoed country or a country on the U.S. Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.
If this license is purchased for or on behalf of the United States of America, its government agencies or agencies ("U.S. Government"), you acknowledge that the Software and related documentation meet the definition of "commercial software program" and "commercial software program documentation", respectively, as defined in the Federal Acquisition Regulations (FARs) for procurement by civil agencies (48 C.). F.R. 2.101) and the Department of Defense Federal Acquisition Regulation Supplement (DFARS) in case of procurement by units of the Department of Defense (48 C.F.R. 252.227-7014(a)(1) and (5)). Pursuant to 48 C.F.R. 12.212 FARs and 48 C.F.R. 227.7202 DFARS and other applicable regulations, any use, modification, reproduction, release, performance, display, disclosure or distribution of the Software and related documentation by or on behalf of the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
Unless otherwise specified below, these Terms shall be governed by the laws of Finland, excluding the conflict of laws rules and principles and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Finland shall have exclusive jurisdiction and venue in any dispute arising out of these Terms.
In the case of licenses purchased within the United States or on behalf of licensees residing in the United States or operating under the laws of the United States, the law applicable to these Terms shall be the law of the State of New York, excluding the rules and principles of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods. In such cases, the exclusive jurisdiction and venue for any dispute arising under these Terms shall be the federal and state courts located in New York.
With respect to licenses purchased by consumers residing outside of Finland or the United States, these Terms shall be governed by the mandatory local laws of those jurisdictions. If Maicol07 chooses not to insist on the enforcement of its rights under these Terms, this shall not be construed as a waiver by Maicol07 to enforce these Terms in the future.
If you are a consumer residing in the EU and a conflict relating to these Terms cannot be resolved by you and Maicol07 amicably, you may have recourse to your local national consumer dispute resolution body. A complete list of competent dispute resolution bodies in the respective jurisdiction can be found here: https://webgate.ec.europa.eu/odr. Alternatively, you can use the Online Dispute Resolution Platform, available at http://ec.europa.eu/odr, to resolve a consumer dispute.
If you have any questions about these Terms, please contact us at https://maicol07.it from the chat at the bottom right or from the contact form at the bottom of the page.
Valid as of September 2020.
Last update: 17 September 2020