Conditions of use - TotalScan

Terms and conditions of use

Please read the present Conditions of Use of the Service (hereinafter "Conditions of Use") carefully before using the TotalScan and NanoScan online services (hereinafter "the Services"). By accepting these conditions, you are agreeing to become the licensee and expressing your complete acceptance of all the terms of the Conditions of Use. If you do not accept these terms, do not use the Services nor install the software needed to use them. Similarly, use of the Services implies your acceptance to be bound by the terms of the Conditions of Use.

These Conditions of Use regulate the relationship established between Panda Security International S.L. (hereinafter "Panda Security"), with registered premises at Buenos Aires 12, 48.001 Bilbao, and yourself with respect to the provision of the Services. The Services will offer the functions and characteristics established at any moment in the accompanying Help Files and Instructions.

Use of any of the Services is subject to the present Conditions of Use and implies full acceptance of each and every one of the legal conditions published by Panda Security at the time that you use the Services.

Similarly, use of any of the online scanning services implies acceptance by the licensee of the Conditions of Use of the website, General Terms and Conditions and Privacy Policy (hereinafter the "Legal Notice") available at the URL http://www.pandasecurity.com/homeusers/media/legal-notice/. which will apply to the extent that they do not contradict the present Conditions of Use.

The acceptance of the present Conditions of Use does not confer any rights not specified in the Conditions of Use to the licensee over the applications belonging to Panda Security or its software suppliers.

The characteristics of the Services may undergo changes or technical improvements.

Similarly, Panda Security reserves the right to modify the present Conditions of Use without prior notice.

1.- PURPOSE.- The present Conditions of Use will regulate the provision of the Services, as well as the conditions under which you may use these Services. The Services will function solely in accordance with that established in the accompanying Help Files and Instructions.

Panda Security grants you the non-exclusive and non-transferable right to use the service, as well as the software and accompanying documentation, solely for the purpose of scanning, detecting, and where applicable, disinfecting malware, under the terms and conditions set out in the Services, Help Files and Instructions.

2.- INTELLECTUAL PROPERTY.- The Services, as well as any corresponding applications, documentation and/or information, are the exclusive property of Panda Security or its software suppliers. Panda Security or its software suppliers own all intellectual property rights and copyrights pertaining to the programs, applications, documentation or any other work related to the Services.

The Services, applications, documentation and/or corresponding information are protected by copyright laws, patents and international copyright treaties, in addition to the dispositions of laws and treaties applicable to the protection of intellectual property rights.

Panda Security authorizes the use of its applications in comparative reviews provided that these are objective and carried out in good faith and in accordance with accepted or customary industry practices. These reviews may only be carried out using the latest versions concerned.

3.-REPORTS.- You may give Panda Security any information about the functioning of the Services and report problems and improvements that you may consider necessary. These reports may be used by Panda Security for any purpose, without your consent and without any obligation, financial or otherwise, on the part of Panda Security to you, for purposes including but not limited to (i) publication, (ii) filing, (iii) development, marketing and manufacture of products, applications, and services.

You may not send to Panda Security, through whatever channel, content or information that is illegal, intimidating, defamatory, slanderous, offensive, obscene, pornographic or of any other nature that could give rise to civil or criminal liability.

4.- DATA COLLECTION AND PROCESSING.- Panda Security informs you that in certain products and/or services, it may use data collection technology to collect technical information to improve the products, to provide associated services, to adapt them to user preferences and to prevent the unlicensed or illegal use of the product. You accept that Panda Security may use such information as part of the Services provided. The user acknowledges and accepts that Panda Security may provide updates or additions to the software which automatically download to his/her computer.

Similarly, for the purpose of the provision of the Services, you may have to give Panda Security certain personal data. Panda Security informs you that it will treat such personal data in accordance with current applicable legislation and as established in its Privacy Policy. You may access this Privacy Policy at the following address: http://www.pandasecurity.com/homeusers/media/legal-notice/#e10.

Similarly, the Services use Google Analytics, an analytical Web service provided by Google, Inc., with registered offices at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (hereinafter "Google"). Google Analytics uses cookies, which are text files installed on your computer to help the Services analyze the use that you make of the Services. The information generated by the cookies about your use of the Services (including your IP address) will be directly transmitted to and filed by Google in servers in the United States. Google will use this information on our behalf in order to monitor your use of the Services with the aim of continually improving usability of the application, compiling service activity reports and offering other services related with the activity of the Services and use of the Internet. Google may transmit this information to third parties when so required by legislation, or when third parties process information on behalf of Google. Google will not associate your IP address with any other data that it has.

You may reject the processing of data or information by rejecting the cookies, using the corresponding configuration in your Internet browser, however, this may affect the full functionality of the Services. By using the Services you are giving your consent to the processing of information about yourself by Google in the way and for the purposes described above.

5.- USE OF THE SERVICES.- You undertake to use the Services at all times correctly and diligently, in accordance with law and accepted moral standards, and refrain from using the Services for illegal purposes or purposes expressly prohibited by these Conditions of Use or the Legal Notice or purposes whose effects may infringe upon the rights or interests of third-parties. You undertake to refrain from using the Services for any purpose that could damage, overload, harm or impede the normal functioning of the computers or services of other users, or that could similarly affect their documents, files or any type of content stored on their computers, or that could prevent the normal use of said services, computers, documents, files, or content by third parties.

6.- WARRANTY.- You recognize and accept that the Services are of an experimental nature and are not a commercial product and their functionality is not guaranteed.

Panda Security will not be held responsible by any person or entity regarding any damage or loss allegedly caused by the use or inability to use the Services, either directly or indirectly, including (but not limited to) business interruptions, monetary loss or loss of anticipated income as a result of the use of the Services.

These Services, as well as any software, documentation or other accompanying material, are provided as is, and no claims will be accepted concerning failure to fulfill presumed functions.

Panda Security does not guarantee that the Services are error free, nor that they will function without interruption.

You are responsible for the use of the Services by others. You accept responsibility for any losses and/or damages and costs arising from any incompatibility between the Services and any third-party software that you may have installed on your computer as well as any other problems that may arise due to the interaction between the Services and any programs you have installed, or for code strings that coincide.

Panda Security cannot control how you use the information you acquire through these Services and will therefore not be held responsible for damages, whether direct or indirect, which could be the consequence of or arise from the use of said information by yourself or third parties other than Panda Security.

THE SERVICES DO NOT PREVENT INFECTION, THEY ONLY DETECT AND, WHERE APPLICABLE DISINFECT THE TYPE OF MALWARE SPECIFIED IN THE HELP FILES AND INSTRUCTIONS ACCOMPANYING THE SERVICES AND UNDER THE CONDITIONS INDICATED THEREIN. SIMILARLY, THE HELP FILES AND INSTRUCTIONS WILL SPECIFY WHETHER THE SPECIFIC SERVICE INCLUDES DISINFECTION OR NOT. PLEASE READ THE AFOREMENTIONED INFORMATION CAREFULLY.

You know and accept, under your own responsibility, that due to the modifications that malware causes in files it infects, if you were to request disinfection, or if the specific service includes disinfection as a function, it is possible that the disinfection process could produce unforeseen changes to these files or delete them.

You declare and guarantee that any information you provide to Panda Security in order to use the Services is true, correct and current. You also declare that you are legally entitled to execute the present contract, and to carry out the corresponding actions that may be required.

7.- HIGH RISK ENVIRONMENTS.- These Services have not been designed for and are not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems or any other context in which the failure of any software could lead directly to death, personal injury or severe damage to property or the environment. Panda Security specifically disclaims any express or implicit guarantee of the Services' suitability for these types of activities.

8.- OTHER RESTRICTIONS.- These Services are available via the Internet. These Services may only be used on your own computer(s). You agree not to lend, rent, lease, give away, donate or transfer the Services in any way.

You may not transfer the rights granted by means of these Conditions of Use. It is not permitted to decompile, reverse-engineer or disassemble wholly or partially any programs and/or applications related to the Services unless such activity is expressly permitted by applicable legislation.

9.- CONFIDENTIALITY.- You recognize that the Services, documentation and/or any other information or material provided by Panda Security are confidential information belonging to Panda Security and must be treated as such. Given the experimental nature of the Services, you agree not to reveal to third parties any information regarding these Services, documentation and/or any other information or material provided by Panda Security, without written permission from Panda Security. You agree to establish with those employees with access to the Services, documentation and/or any other information or material provided by Panda Security, the warnings and documentation necessary to ensure that the confidentiality requirements are met.

10.- JURISDICTION.- The present agreement is governed by Spanish law and in the event of any doubt or disagreement about its interpretation or effects, the only competent authority will be the Bilbao Courts of Justice. In the event of doubts and/or discrepancies with respect to the interpretation and/or effects of the present agreement, the only competent authorities will be the courts of Bilbao. Both parties expressly renounce any other jurisdiction that may correspond to them.

11.- GENERAL- The user authorizes Panda Security personnel to visit him/her in order to verify that the conditions of this license are met.

The user knows and accepts that Panda Security may take legal proceedings should the user not adhere to this agreement. Panda Security reserves the right to terminate the present Conditions of Use automatically without prior notice should the user fail to comply with any of the terms and conditions of the present agreement.

If any provision in this agreement is against the law, that provision will be considered void, without affecting the totality of the agreement or implying that the agreement is void.

Panda Security expressly reserves all other rights it may have and that are not herein granted to the user.

SPECIFIC CLAUSES FOR FREE SOFTWARE AND THIRD PARTY SOFTWARE

This licensed software may include software programs that are licensed (or sub-licensed) to the user under free software licenses or other types of licenses. The texts with the corresponding conditions are available to the licensee here.

Panda Security
Buenos Aires 12
48001 Bilbao