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03-20-2007, 06:39 PM
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Junior Member
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Join Date: Mar 2007
Posts: 1
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Free Edition License
Hello,
We were interested in using PC Tools Antivirus Free Edition at our local school but wanted to know if that was OK as we couldn't find anything on the site about non-commercial use by non-profit/educational entities. Thanks!
- Nick
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03-21-2007, 01:38 AM
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Advisor
Junior Volunteer Subscriber
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Join Date: Jan 2007
Location: Australia
Posts: 346
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School / commercial use
Hi Nick
I'm currently using PCTAV Free on 2 commercial-use PCs.
The EULA (reproduced in part below) is not specific to the free version but as I read it, does not place any restrictions on the user environment for PCTAV Free Version.
Quote:
PC TOOLS ANTIVIRUS END USER LICENCE AGREEMENT ("EULA")
1. Licence
1.1 If you are a resident of Oceania at the time you either first purchased or first installed the Software (whichever occurred first), then the licensor of the Software is an Australian Company, PC Tools Pty Ltd ACN 108 759 208 and the parties to this Agreement will be you and PC Tools Pty Ltd ACN 108 759 208. If you are not a resident of Oceania at the time you either first purchased or first installed the Software (whichever occurred first), then the licensor of the Software is an Irish Company, PC Tools Limited (Irish Company Number 426110) and the parties to this Agreement will be you and PC Tools Limited (Irish Company Number 426110). For the purposes of this Agreement, the licensor (being either PC Tools Limited or PC Tools Pty Ltd) will be referred to as “PC Tools”. For the purposes of this Agreement, “Oceania” means American Samoa, Antarctica, Australia and its outside territories, including Heard Island & McDonald Islands, Cocos (Keeling) Islands, Christmas Island, Ashmore & Carter Islands, and Coral Sea Islands, Cook Islands, Fiji, French Polynesia, Guam, Kiribati, Marshall Islands, Federated States of Micronesia, Nauru, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Wallis and Futuna Islands.
1.2 PC Tools has agreed to license use of the Software to you pursuant to this Agreement and the terms and conditions set out below.
1.3 PC Tools grants to you a non-exclusive, non-transferable, revocable licence to:
(a) install and execute the Software;
(b) make one copy of the Software for backup purposes only; and
(c) use the Software strictly in accordance with the provisions of this Agreement.
1.4 Except where clause 2.2 applies, if you wish to install and execute the Software on more than one computer at the same time, you may do so upon receipt of written consent from PC Tools and upon payment of an additional licence fee as stipulated by PC Tools.
1.5 Your licence to use the Software as granted herein only permits you to use the version of the Software which you have installed or purchased from PC Tools. It does not permit you to use any other version of the Software. The use of any other version of the Software will be governed by a separate agreement between you and PC Tools. However, if you enter into a separate agreement with PC Tools for PC Tools to supply any updates of the Software to you, then, unless specified by PC Tools to the contrary at the time you receive, install or execute those updates (which may, without limitation, include PC Tools requiring you to agree to a new end user licence agreement before making use of those updates), then this Agreement will also govern the use of those updates.
1.6 You acknowledge that PC Tools may offer to maintain and update the Software but it is not obliged to do so. Should you wish to receive information about updates please view PC Tools website on a regular basis at www.pctools.com.
2. Licence Fee
2.1 Where a licence fee is payable by you in respect of the Software, you are not entitled to use the Software until the licence fee has been paid. In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorised by the billing provider. A separate licence fee is payable in the circumstances described in clause 1.4.
2.2 If you are downloading a free trial version of the Software, you may use it on one or more computers for an unlimited period of time (subject to any time and/or functionality restrictions that may be incorporated into the trial version). However, you are not entitled to receive technical support nor the full functionality that comes with the Software until a licence fee has been paid.
6. Term of Licence
6.1 This Agreement commences upon payment of the licence fee or upon your first installation and use of the Software (whichever is sooner) and may be terminated in the following circumstances:
(a) if you are in breach of any term of this Agreement;
(b) if you, being a corporation, become the subject of insolvency proceedings or have a liquidator, receiver or examiner appointed to you or become unable to pay your debts;
(c) if you, being a person rather than a company, become bankrupt;
(d) if you, being a firm or partnership, are dissolved; or
(e) if you destroy the Software and/or the Products for any reason.
6.2 Upon termination, you or a representative nominated by you shall destroy any remaining copies of the Software and Products or otherwise return or dispose of such material in the manner directed by PC Tools.
6.3 Termination pursuant to this clause shall not affect any rights or remedies which PC Tools may otherwise have under this Agreement or at law.
7. Assignment
The benefit of this Agreement shall not be dealt with in any way by you (whether by assignment, sub-licensing or otherwise) without PC Tools' written consent and this Agreement shall be binding on your successors and assigns.
8. Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.
If you have any questions or require clarification relating to the terms and conditions of this Agreement, please contact PC Tools online at www.pctools.com or attention: PC Tools, C:/ PO Box 1974, North Sydney NSW 2059 Australia.
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Pete
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