License agreement
ANNOUNCEMENT FOR ALL USERS. READ THIS AGREEMENT THOROUGHLY.
Read Chili Security's privacy policy here
BY OPENING THE PACKAGE, BY BREAKING THE SEAL, BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE CONFIRMING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
If the software is downloaded from the website (either purchased or trial version), this agreement is accepted and a contract is formed, when you choose "I Accept", "OK", "Continue" or "Yes" buttons or the box below before downloading or installing.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL OR GAIN ACCESS TO THE SOFTWARE, AND THEN CONTACT YOUR VENDOR OR CUSTOMER SERVICE REGARDING INFORMATION ABOUT HOW TO GET A REFUND ON THE MONEY YOU HAVE PAYED FOR THE SOFTWARE AT ANY POINT WITHIN FOURTEEN (14) DAYS AFTER THE DATE OF PURCHASE.
By accepting the terms and conditions, you simultaneously accept the possibility of being contacted by Chili Security with additional offers. You grant permission to be contacted via SMS, calls, email og physical mail. You can unsubscribe at any point, and renounce the possibility to be contacted. This is done by emailing support@chilisecurity.com
RRODUCT REGISTRATION. By accepting this Agreement, You agree to register Your Software. Registration requires a valid product serial number and a valid email address for renewal and other notices.
The Chili Security account is necessary for activation of online-functions, as stated in the product documentation.
These Terms cover Chili Security Solutions and Services for home-users licensed to you, including related documentation and any update and upgrade of the applications delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items. This License Agreement is a legal agreement between you (either an individual or a legal person) and CHILI SECURITY for use of CHILI SECURITY's software product identified above, which includes computer software and services, and may include associated media, printed materials, and "online" or electronic documentation (hereafter designated as "Chili Security"), all of which are protected by international copyright laws and international treaties. By installing, copying or using Chili Security, you agree to be bound by the terms of this agreement. GRANT OF LICENSE. Chili Security is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Chili Security is licensed, not sold. This agreement only grants you certain rights to use the Chili Security product. Chili Security reserves all other rights. Unless current law grants you further rights despite this restriction, you are only allowed to use the Chili Security product as explicitly permitted in this agreement. Chili Security hereby grants You, and only You, the following non-exclusive, limited, non-transferable, non-underlicensable and royalty-bearing license to use the Chili Security product.
You will have certain rights to use Chili Security in the period that the license is valid, which starts on the date of Your preparatory installation of the Chili Security product, no matter the number of copies you have permission to use, and must last for the time period indicated in the documentation or the applicable order confirmation from Chili Security distributor og reseller, from where you aquired the Chili Security product. The Chili Security product can be deactivated automatically by the end of the validityperiod, and you will hereafter not be eligible to receive any function or content-updates for the Chili Security product.
You may use one copy of the Chili Security product per computer. If a larger number of copies and/or number of computers is specified in the sales transaction documentation from the authorised distributor or reseller, from which you have aquired the Chili Security product, you have the right to copy the Chili Security product in accordance with such specifications;
You can make a copy of the Chili Security product as backup or for filing; If the Chili Security product supports additional platforms or languages, if you receive the Chili Security product on additional media, if you in another way receive additional copies of the Chili Security product or if you receive the Chili Security product along with other software. The total number of computers that have versions of the Chili Security product installed, may not exceed the allowed sum.
During the installation, the Chili Security product reserve the right to uninstall or deactivate other security-products, if such products or functions are incompatible with the Chili Security product.
Trial license. If you are the user of the trial version, you can use the Chili Security product for evaluation or testpurposes in a non-production environent in thirty (30) days from the date you downloaded the Chili Security product ("trial period"). During the trial period, you have the right to web and email technical support in the country where you are located, as well as updates, if relevant. TO THE EXTENT THAT CURRENT LAW ALLOWS, THE CHILI SECURITY PRODUCT AND ALL SERVICES AND APPURTENANT DOCUMENTATION USED FOR EVALUATION PURPOSES WILL BE DELIVERED TO YOU "AS IT IS" WITHOUT GUARANTIES OF ANY KIND.
Your right to use the Chili Security product ends when the trial period expires, or in case you violate the conditions in this agreement. By the end of the evaluationperiod, you must either delete or destroy all copies of the Chili Security product and documentation and stop using the service. Your obligations and rights in regards to this agreement will continue to apply after the expiration of the trial period.
License terms. You will have certain rights to use the Chili Security product during the remaining time of the license, which starts on the date of Your preliminary installation of the Chili Security product, no matter the number of copies, you are allowed to use, and must last for the time period indicated in the documentation or the applicable order confirmation from the Chili Security distributor or reseller, from which you have acquired the Chili Security product. The Chili Security product can be deactivated automatically by the expiration of the license period, and if you don't want to be eligible to receive any function or content-updates for the Chili Security product. If you have allowed Chili Security to automatically renew your subscription to the Chili Security product by entering a valid credit card number, which you have given to Chili Security, your subscription will automatically be renewed thirty (30) days before the end of the license. The price will not be greater than Chili Security's current price at the time, except for marketing and discounts. You must enter current, complete and accurate information to your billing account. You must immediately update all information so that your billing information are current, complete and accurate (such as, but not limited to, a change in billing adress, credit card number, or credit card expiration date), and you must immediately inform Chili Security if your credit card is canceled (such as, but not limited to, loss or theft). If you fail to provide Chili Security with any of the above mentioned information, you accept that Chili Security may continue with automatic renewal of any subscription, unless you inform Chili Securitys costumer service department at http://www.chilisecurity.com/support (or any other local number provided by the relevant Chili Security unit in your area) to abstain from renewing your subscription to the Chili Security product at least thirty (30) days prior to the end of your subscription to the Chili Security product and inform them of your wish to not have automatic subscription renewal. This agreement automatically ends if you fail to abide by any of the limitations or other requirements, described here. At the end or expiration of this agreement, you must stop using the Chili Security product and destroy all copies of Chili Security and documentation. UPGRADES. If Chili Security is labeled as an upgrade, you must be properly licensed to use a product identified by CHILI SECURITY as being eligible for the upgrade in order to use Chili Security. A Chili Security product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If Chili Security is an upgrade of a component of a package of software programs that you licensed as a single product, Chili Security may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and CHILI SECURITY regarding the original product or the resulting upgraded product. COPYRIGHT. All rights, titles and interest in and to Chili Security and all copyright rights in and to Chili Security (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into Chili Security), the accompanying printed materials, and any copies of Chili Security are owned by CHILI SECURITY. Chili Security is protected by copyright laws and international treaty provisions. Therefore, you must treat Chili Security like any other copyrighted material. You may not copy the printed materials accompanying Chili Security. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Chili Security exists. You may not sub-license, rent, sell, lease or share the Chili Security license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for Chili Security or underlying ideas, algorithms, fileformats, programming or the interoperabilitycomponent's user interfaces. You may not allow a third party to gain advantage from the use or functionality of the Chili Security Product. You may not remove any messages or labels on Chili Security. All rights, not explicitly stated here, is reserved for Chili Security.
TECHNICAL SUPPORT. Certain technical supportfeastures can be offered by Chili Security during the product-license's period of validity and can include live chat with a technical support consultant and/or assistance by a technical support consultant via remote control access. If such features are offered, and you choose to gain access to such technical support, it is subject to the following conditions: Technical support is provided by Chili Security, though without any guarantee of any kind. It is your responsibility alone to complete a backup of all your existing data, software and applications, before receiving technical support. During the technical support, Chili Security reserves the right to decide whether the technical question is outside the scope of the technical support. Chili Security reserves the right to refuse, suspend or terminate the technical support at its discretion.
UNLIMITED DEVICES. Unlimited devices means within reasonable limits based on a maximum of 20 devices per household.
LIMITED WARRANTY. CHILI SECURITY warrants that the media on which Chili Security is distributed is free from defects for a period of thirty days from the date of delivery of Chili Security to you. Your sole remedy for a breach of this warranty will be that CHILI SECURITY, at its option, may replace the defective media upon receiving the damaged media, or refund the money you paid for Chili Security. CHILI SECURITY does not warrant that Chili Security will be uninterrupted or error free or that the errors will be corrected. CHILI SECURITY does not warrant that Chili Security will meet your requirements.
EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, CHILI SECURITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY CHILI SECURITY.
CHILI SECURITY HEREBY EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Chili Security act on the behalf of its suppliers and marketing partners in order to disclaim, esclude and/or limit obligations, guaranties and responsibility as indicated in this agreement, but not in other respects or for any other purpose. Above conditions must be enforceable to the extent allowed by current law.
The Chili Security product, as provided in this agreement, can contain functions and functionalities, that gives you the right to protect sensitive information on your computer. You will be asked to enter a password to encrypt and protect such information. You will not be able to recover the information you have encrypted, if you lose or forget the password. You are aware, that the extent of the encryptionm that can be used by the Chili Security product should protect your information from the average computer user; But you recognize, that the encryption can be broken. Furthermore, you recognize that encrypted information can not be decrypted if your hard drive has damaged parts or is destroyed. Chili Security can not be held responsible for acces to your information in the case where you have given your password to a third party, or have failed to apply reasonable efforts to protect such information, password, answers to hard questions or for user errors.
DISCLAIMER OF DAMAGES. Anyone using, testing, or evaluating Chili Security bears all risk to the quality and performance of Chili Security. In no event shall CHILI SECURITY be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Chili Security, even if CHILI SECURITY has been advised of the existence or possibility of such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL CHILI SECURITY'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR CHILI SECURITY.
The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Chili Security.
We highly recommend that you backup your data as often af possible. You must at any time be under the obligation to restrict your loss.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
UPDATES. By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving updates through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving Chili Security updates of signatures files.
CONSENT TO ELECRONIC COMMUNICATIONS. Chili Security may be required to send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). Chili Security will send Communications via in-product notices or via email to the primary user's registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
DATA COLLECTION TECHNOLOGY- Chili Security informs you that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the product or the damages resulting from the malware products. You accept that Chili Security may use such information as part of the services provided in relation to the product and to prevent and stop the malware programs running on your computer.
By accepting this Agreement, You acknowledge and agree that the security technology used can scan the traffic in an impersonal mode to detect the malware and to prevent the damages resulting from the malware products.
You acknowledge and accept that Chili Security may provide updates or additions to the program or product which automatically download to your computer. By accepting this Agreement, You agree to upload the executable files for the purpose of being scanned by the Chili Security servers. Similarly, for the purpose of contracting and using the program, you may have to give Chili Security certain personal data. Chili Security informs you that it will treat your personal data in accordance with current applicable legislation and as established in its Privacy Policy.
From time to time, the Chili Security product can gather certain information from the computer whereupon it is installed, which may include: Information about potential securitysrisks as well as URL's on visited websites that Chili Security regards as potentially fraudulent. Those URL's can contain personal identifiable information, which a potentially freudulent website attempts to gather without your permission. This information is collected by Chili Security in order to evaluate and improve Chili Security's ability to expose malecious behavior, potentially fraudulent websites and other securityrisks on the internet. This information will not be coordinated with any personal identifiable information. - URL's from websites are visited, as well as searchwords and search results, in the function of the toolbar on the browser is activated. This information is collected by Chili Security in order to evaluate and advise you regarding potential threats and risks, that can be connected with a specific website, before you see it.
- Executable files that have been identified as potential malware, including information regarding the measures taken by such files on the time of the installation. These files will be sent to Chili Security with the help of the Chili Security product's automatic submission feature. The collected files may contain personal identifiable information, which has been attained by malware without your permission. Files of this type is collected by Chili Security, solely in order to improve the possibility of exposing malicious behavior. Chili Security will not correlate these files with personal identifiable information. The automatic submission feature can be deactivated after installation by following the instruction in the documentation for the products in question. Status information about installation and operation of Chili Security. This information indicates to Chili Security whether the installation of the Chili Security product was completed succesfully as well as whether the Chili Security product has registered an error. The information-status can contain personal identifiable information, if such information is contained in the file or folder found by the Chili Security product at the time of installation or error. The information-status is collected by Chili Security in order to evaluate and improve the Chili Security product's performance and installation successrate. This information will not be coordinated with any personal identifiable information.
- The information in emails you send via the Chili Security product in order to report as spam or as misidentifies spam. These emails can contain personal identifiable information, and will only be sent to Chilie Security with your permission, and not automatically. If you send such messages to Chili Security, Chili Security can use them with the purpose of improving the exposure-ability of Chili Security's antispam-technology. Chili Security will not correlate these files with other personal identifiable information. - Information in a report, which you can choose to send via the Chili Security product to Chili Security when the Chili Security product encounters a problem. The report contains information about status for both Chili Security and the computer at the time, where the Chili Security product encountered the problem. Status information about the computer can contain the system's language, and the version of operating system on your computer, as well as running processor and information regarding their status and performances, and data from files and folders that where open at the time, the Chili Security product encountered the problem.
The information can contain personal identifiable information, if such information is contained within or is a part of the name of the open files or folders at the time, where the Chili Security product encountered the problem. This information will only be sent to Chili Security with your permission, and not automatically. The information is collected by Chili Security in order to correct and improve the performance of Chili Security's products. This information will not be correlated with the typical problem and with personal identifiable information.
- The (IP) Internet Protocol - the adress on the computer, where the Chili Security product is installed, as well as other general, statistical information, that is used for license administration, product analysis and for improvement of product-functionality. This information will not be coordinated with any personal identifiable information.
The collected information described above, are necessary in order to optimize the functionality of Chili Security's products and can be tranferred to Chili Security in USA as well as other countries, with less protective dataprotectionlaws than the region, where you are situated (including EU), but Chili Security has taken several precautions, so that the collected information, if transferred, receives an appropriate level of protection.
Chili Security reserves the right to cooperate with any legal process, and any law enforcement or form of state study in association with your use of this Chili Security product. This means, that Chili Security can present documents and information, relevant to a court or law enforcement or other form of investigation by a government. In order to promote awareness, disclosure and prevention of securityrisks on the internet, Chili Security can share certain information with research organisations and other suppliers of securitysoftware. Chili Security can also apply statistics derived from the information to track and publish reports about securityrisktendencies. By using the Chili Security product, you recognize and accept, that Chili Security can collect, transfer, store, pass on and analyze such information for these purposes. You declare that all the data that you provide will be true and accurate and agree to inform Chili Security of any changes to said data. You have the right to object to the processing of any of your 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.
In the event that you provide the details of a third-party, Chili Security shall not be held responsible for complying with the principles of information and consent, and it shall therefore be you that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
Chili Security's privacy policy guarantees you the right to access, rectify, eliminate and object to the processing of data by notifying Chili Security via e-mail at: support@chilisecurity.com
Besides the Chili Security product's registration information, Chili Security must process and store certain information about your network and equipment to provide maintenance and corresponding services. To improve its products, Chili Security can also periodically upload information from installed Chili Security products about product use, discovered malvare or potentially unwanted files and use service traffic to improve its databases and heuristics. Chili Security Products are not designed to catch or store personal or private information. You accept, that Chili Security can (i) use uploaded data from installed Chili Security products to improve products and services; (ii) use transferred data for analyzes or reports, if such use does not identify you or contain any information, that can be used to identify any individual. Chili Security reserves the title, ownership and all rights and interest for intellectual property or work product as a result of its use and analyze such information.
GENERAL. This Agreement will be governed by the laws of Denmark and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of Romania. In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement. Chili Security and Chili Security logos are trademarks of CHILI SECURITY. All other trademarks used in the product or in associated materials are the property of their respective owners.
The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from CHILI SECURITY or any resellers of Chili Security as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
CHILI SECURITY may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Software distributed with the revised terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.
In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by CHILI SECURITY shall prevail.
With reference to campaigns, you give Chili Security the right to contact you by telephone with such offers. Some of the offers can contain an offer regarding remote support of your computer, which you will be made aware of.
Contact CHILI SECURITY at Vindegade 72-74, 2., 5000 Odense, Denmark, or on phone: +45 70 60 50 41 or email address: support@chilisecurity.com