F-prot revisited - Linux workstation license agreement.

Hancock, Scott HancockS at MORGANCO.COM
Fri Sep 12 14:56:34 IST 2003


Below is the license agreement emailed with the download instructions
for f-prot linux workstation product.

IANAL either, but have a look at 1.2.

Scott 


----------------------------------------------------------------------

END-USER LICENSE AGREEMENT
FOR F-PROT ANTIVIRUS

This is a binding, legal agreement between the end user (the "licensee")
and Frisk Software International ("FSI") for the F-Prot Antivirus
software product, which includes the software program, material and
online or electronic documentation. By installing, copying, downloading,
accessing or otherwise using the F-Prot Antivirus software you agree to
be bound by the terms of this Agreement. If you do not agree to the
terms of this agreement you may not download, install or use the F-Prot
Antivirus software product, but return it to your place of purchase.

Software Product License

1. Grant of License:  

1.1. Software Product: FSI grants the licensee a non-exclusive,
non-transferable license to use the F-Prot Antivirus software product on
any computer/computers owned by the licensee, effective from the date of
purchase until the date of expiry, as stated above. The licensee may
make one copy solely for backup and archival purposes. Except as
otherwise expressly provided in this agreement the licensee may not
otherwise make copies of the F-Prot Antivirus software product or the
printed material accompanying therewith. 

1.2. Installation: You may install the F-Prot Antivirus software product
for the number of users, mailboxes, computers or servers purchased from
FSI, as stated above.

2. Description of other Rights and Limitations

2.1. Not for resale: The F-Prot Antivirus is limited for your personal
or professional use only, and not for resale, or otherwise to transfer
for value the software product.

2.2. Limitation on Reverse Engineering, Decompilation and Disassembly:
The licensee may not reverse engineer, decompile, or disassemble the
software product, except and only to the extent such activity is
expressly permitted by applicable law.

2.3. Rental: Licensee may not rent, lease or lend the software product.

2.4. Services and Technical support: FSI may provide you with support
services related to the software product as deemed necessary. 

2.5. Termination: Without prejudice to any other rights, FSI may
terminate this Agreement if you fail to comply with the terms and
conditions of the Agreement. In such event, you must destroy and remove
all copies of the software product and all of its component parts. 

2.6. Updates:  You may discover a new virus, unknown to FSI, and send it
to FSI, who will provide the licensee with an updated version of the
F-Prot Antivirus software program as soon as possible.

3. Copyright: All title and intellectual property right in and to the
F-Prot Antivirus, the accompanying printed materials and any copies
obtained from the Internet are owned by FSI. All title and intellectual
property right in and to the content, which may be accessed through use
of the F-Prot Antivirus, is the property of the respective content owner
and may be protected by applicable copyright or other intellectual
property laws. This Agreement grants no right to use such content. All
rights not expressly granted are reserved by FSI.

4. Limited Warranty:  FSI warrants that the F-Prot Antivirus will
perform substantially in accordance with any specifications provided for
the period of time established by applicable law from the date of
purchase. The Licensee understands and agrees that the software product
is provided "as is", with all faults that may accompany software
products. FSI warrants that any diskettes provided are free of any
physical defects.

5. Warranty Exclusions:  FSI makes no other express or implied
warranties, regarding the performance of the software included in the
F-Prot Antivirus software program, but will use its best efforts to
promptly correct any errors in the said software that are reported by
Licensee. FSI may attempt to correct errors through the means it
determines to be most appropriate. Errors caused by hardware
malfunctions or failure, or by loss of data or disruption of services
over the Internet due to third party, are expressly excluded.

6. Limitation of Liability:  FSI shall not be liable for any indirect,
consequential, incidental, or punitive damages or attorney fees for any
cause of action, in tort or contract, regardless of whether FSI was
aware of the possibility of such damages. Licensee's exclusive remedy
shall be the amounts licensee paid FSI.

7. Disputes: Any disputes arising out of the inception, application or
interpretation of this agreement shall be settled in accordance with the
laws of Iceland and the exclusive jurisdiction of the applicable court
in Iceland.





 >-----Original Message-----
 >From: Richard Ahlquist [mailto:newsletters at PCSITES.COM] 
 >Sent: Wednesday, September 10, 2003 1:43 AM
 >To: MAILSCANNER at JISCMAIL.AC.UK
 >Subject: Re: F-prot revisited
 >
 >
 >Alan,
 >
 >First let me stat IANAL. I have followed comments on the list 
 >about F-prot since they changed their license. I have been 
 >running the workstation command line version since day one 
 >and will most likely continue to do so until something better 
 >comes along. 
 >
 >Here is my issue with what you said though. I looked at the 
 >workstation license and to say its vague is an 
 >understatement, nowhere in the page I saw ( 
 >http://www.f-prot.com/support/helpfiles/unix/linux_ws/license.
 >html ) did it state you cannot use the product in conjunction 
 >with MailScanner or in any type of automated system or even 
 >on a system running a mail server/daemon/thingamabob. 
 >
 >As a matter of fact on this page ( 
 >http://www.f-prot.com/support/helpfiles/unix/linux_ws/comm_sca
 >n.html ) it specifically mentions that it can be called from 
 >other applications. 
 >
 >Also please note, no where in the license for the product do 
 >they mention a definition of what the difference is between a 
 >workstation and anything else. 
 >
 >So unless F-prot has posted the wrong licensing info to their 
 >site there is nothing in writing that I see that says I cant 
 >use their command line scanner to scan the files on my 
 >system. Whether they are being copied from one folder to 
 >another by hand or by sendmail. 
 >
 >Just my 2cents. Take them or leave them.
 >
 >Richard
 >




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