Avira Avira Products End User License Agreement and Terms of Use changes — 20180611_rev01

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If you do not comply with the applicable law and/or these Terms, we may be forced to bring an action to collect damages and/or prohibit your behavior or stop you from any unauthorized use of our Products. Some unlawful activity may even result in criminal prosecution under relevant law. Nobody wants this, so please comply with the law and these Terms.

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Unless expressly stated otherwise, using a particular Products does not give you ownership of any intellectual property rights in such Product or any of the content you access. You may not use content from our Products unless you obtain permission from the owner of such content or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Products. Never remove, obscure or alter any legal notices displayed in or along with a respective Product.

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For some of our Products (for example, Avira Answers), we provide a platform allowing users to interact with other members in the Avira user community and/or Experts. As part of such platform, we may also provide users with the possibility of negotiating and completing transactions with Experts. Avira is not and shall not be either a party to any agreements or transactions by and between any users and/or Experts nor an agent of any user for any purpose. For the avoidance of doubt, Avira shall in no way be held responsible for the actions and/or omissions of users via any of its platforms unless we have expressly let you know otherwise in these Terms.

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With respect to our Avira Identity Scanner Product, the following shall apply:

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Upon completion of your membership, your access will be activated. Then you can log into the section of your Avira Account and use the services as described. To receive an order by phone in the Service Center, you have to legitimize yourself as an Avira Identity Scanner customer by mentioning your pin. The Service Center is offered in cooperation with our specialized partner Affinion International Limited and its affiliates ("Affinion"). Without proper verification, Affinion will not accept calls in the interest of your own safety. Telephone calls with the Avira Identity Scanner Service Center can be recorded. These records are used to process the orders of the customers accordingly and to constantly check the service quality of the Service Center. You will be notified of this before recording. A record will be omitted if you object to this. The Service Center processes orders with commercial diligence. If the order has to be executed due to ambiguity, e.g. you will be notified immediately by telephone or in text form of applications that have not been fully completed. In this case, the Service Center reserves the right to obtain a written confirmation prior to execution of the order.

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An online monitor continuously searches for unauthorized personal data on the Internet. The term Internet covers the Deep & Dark Web as well as some areas of the Surface Web. Via the online monitor, you place the order to search for the search data you have defined and to save and process your data for this purpose. The search is limited to the search data you entered. A guarantee for the completeness of the search or the finding of unauthorized mapped or used data on the Internet is not given. Under certain circumstances, the online monitor will also tell you that further data has been found by you at the location of your search data.

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An online cleaner sends a message to the responsible Internet site operator in the Surface Web on behalf of you as part of a standard procedure and requests the deletion / blocking of your search data found by the online monitor. As far as a deletion is technically or legally not possible, the data can be blocked in most cases at least and thus made inaccessible to the public. For website operators from Germany, this is done in German, from other countries in English. The online cleaner is not available for hits in the Deep & Dark Web.

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Insofar as an operator has its own reporting system and we are to send the application for you in this way, we may need further information or documents to process the request. The application to the operator may only be possible by yourself.

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To use the online cleaner, you must order it via the online form. The basis for ordering the online cleaner is that you did not make the relevant data entry yourself, that you consider it unlawful and a deletion / blocking is necessary and that the online monitor has found this information.

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The fact that information selected by you for deletion / blocking is actually deleted / blocked is not guaranteed with the online cleaner. We merely establish contact with the data publishers and communicate your request for deletion / blocking of your data.

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Upon request, you will receive the correspondence with the operator free of charge in copy, either by email or letter.

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Avira and Affinion do not attempt to review the claim for cancellation / removal, nor do Avira and Affinion provide legal advice or other legal care, e.g. Avira and Affinion do not verify that you have permission to delete / block the data. To clarify the legal situation and any claims, you are bound to contact a lawyer, in principle and in particular in cases where there is a risk of default (for example, in the event of imminent credit card misuse) or any other urgency. The latter can immediately pursue the deletion of the data, if a claim exists, and inform you about further rights (such as injunctive relief and damage claims).

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You are required to provide your profile data such as name, payment details and address correctly and keep it up to date. You can make changes yourself in your profile. Avira Identity Scanner may only be used for private purposes and not for commercial or other purposes. In addition, you are required to keep the pin designated at time of registration in strict confidence and not to pass it on to unauthorized persons or to make them accessible to unauthorized persons. The input of data of third parties is not permitted. You may only enter your own personal data into the online monitor.

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A 24-hour emergency hotline is available seven days a week and advises you on all matters relating to Avira Identity Scanner, whether to protect the identity of your data in the Surface Web and Deep & Dark Web or misuse of your data on the Internet. If necessary, experts are also provided on various questions (the prices of your service provider apply to telephone calls). Please note that information provided by the 24-hour emergency hotline does not replace any need for legal advice and assistance. Avira and Affinion do not provide legal advice.

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You are responsible for familiarizing yourself with the key functions and features of a respective Product as you bear the entire risk associated with a particular Product meeting your individual requirements and needs. You are responsible for installing a respective Product, Update and/or Upgrade and complying with any of our instructions concerning the installation of a respective Product and any associated Updates and Upgrades. You are also responsible for setting up and maintaining a functional hardware and software environment and for performing regular data backups.

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You must notify us of any alleged or potential defect with a respective Product as soon as possible. If you provide us with an email address or other contact information in order to allow us to send you important information (including security-related information) for the use of a particular Product, it is your responsibility to update us with any changes to such contact information. We will not be liable for any damages resulting from your failure to notify us of a change in your email address and/or contact information in a timely manner.

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14. **YOUR AVIRA ACCOUNT**

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25. **YOUR AVIRA ACCOUNT**

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You will need to create an Avira-specific account ("Account") in order to use some of our Products. You are responsible for any activity associated with your Account user ID and password. If you believe your Account is or may be compromised, you must notify us and change your password immediately. You may not create an Account if you are currently restricted or prohibited from having such an Account or using a particular Product.

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With respect to our Avira Secure Backup Product, in the event you have not signed up for automatic renewal and do not renew your paid License, we will grant you a fifteen-day (15) grace period after the expiration of a respective License Term during which you will still have access to your Account. Following the initial grace period, your Account shall be disabled, but any data you backed up shall not be deleted, for a period of thirty (30) days. During the thirty-day (30) period, you will receive regular notifications stating that such data will be deleted on a specific date unless you renew the respective License Term. During the thirty-day (30) period, you may contact our customer support at any point to transfer your selected backed-up data to a free account. If you do not either (i) renew by the deletion date stated in the notice or (ii) contact our customer support to transfer your backed-up data to a free account, such data will be deleted and you will have to create a new Account. You may request, in writing, to have your backed-up data removed from our servers at any time and such request will be processed within seven (7) business days. If you do not explicitly request such removal, we may store your data exclusively for technical reasons up to a maximum of ninety (90) days after the termination or expiration of the License Term with respect to the Avira Secure Backup Product; provided, however, we will retain your account information as required for business operations and compliance with applicable laws.

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With respect to our Avira Social Network Protection Product you must be the parent or legal guardian of the child or children for whom you desire to use the Avira Social Network Protection Product and associated website and must not use the Avira Social Network Protection Product with respect to any person who is 18 years of age or older, is married or is otherwise emancipated and who has not consented to your use of the Avira Social Network Protection Product with respect to them. You must delete from your Avira Social Network Protection Product account any child or children for whom you have been previously using the Avira Social Network Protection Product who becomes 18 years of age, becomes married or becomes otherwise emancipated, or rescinds their consent for you to use the Avira Social Network Protection Product in connection with them.

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With respect to our Avira Answers Product, you may be able to register as a member of an expert community advising individuals who may be experiencing problems with their computer hardware and/or software ("Expert"). In order to register as an Expert, you must be a business, and must represent and warrant that the business is duly organized, validly existing and in good standing in the country in which the business is registered and that you, the individual in control of such Expert Account, have the requisite authority to act on behalf of the business. If you, subsequently, delete your Expert Account, information provided by you, will no longer be visible on Avira Answers (with the exception of certain information we retain for accounting purposes).

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Nothing stated in these Terms shall limit our ability to cancel, suspend or terminate any of your Accounts in our sole discretion.

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21. **PRIVACY AND COLLECTION OF PERSONAL INFORMATION**

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32. **PRIVACY AND COLLECTION OF PERSONAL INFORMATION**

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For a detailed understanding of our privacy and how we treat your personal information, please visit [www.avira.com/privacy](http://www.avira.com/privacy). As a brief overview, we may collect, retain, and use specific data about you, your Device (as defined below) and your Device's interactions with other Devices. Some of this information may include information that can be used to identify you, including without limitation, name, address, phone number, e-mail address, credit card information, facial image, voice sample or other biometric record (collectively, "Personal Data") and may include sensitive data stored in files on your Device. Among other uses fully described in our privacy policy, the data we collect is used to provide, deliver, and support a particular Product and to inform you about Upgrades, new and existing Products, offers or other information. For these reasons you may not be able to opt out of some of this information collection other than by uninstalling the respective Product.

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23. **THIRD PARTY CONTENT, THIRD-PARTY TOOLS AND REMOTE ACCESS**

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34. **THIRD PARTY CONTENT, THIRD-PARTY TOOLS AND REMOTE ACCESS**

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If some of our Products display content, tools or functions that are not ours ("Third-Party Content"), such content is the sole responsibility of the party or entity that makes it available and we assume no responsibility whatsoever for it. If Third-Party Content is subject to special licenses, terms and/or conditions, you may need to agree to abide by such third-party terms and/or conditions in order to use the Third-Party Content. If you do not agree to such third-party terms and we incorporate Third-Party Content into one of our Products, you may no longer be able to properly use and/or fully access such Product.

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Some of our Products use features and applications that may allow you to grant someone access to information stored on and about your Devices ("Remote Access"). Such access is conditional upon you consenting to the Remote Access. Please remember that such features, while designed to be used in order to facilitate the use of certain Products and helping you resolve issues you may be experiencing with a particular Device, can provide other people with access to certain information stored on such Device, information about your Device and/or access to information on your Device. We assume no responsibility or liability for what happens to your Device(s) once you grant someone Remote Access.

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Additionally, in conjunction with accessing and/or using some of our Products (including Products that require Remote Access), you may also obtain access to certain third party applications and/or tools ("Third Party Tools"). Avira assumes no responsibility whatsoever for use of such Third Party Tools. Furthermore, such Third Party Tools may be subject to special licenses, terms and/or conditions. By accessing and/or using such Third Party Tools, you agree to abide by any and all relevant licenses, terms and/or conditions associated with such Third Party Tools.

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28. **YOUR CONTENT**

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39. **YOUR CONTENT**

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Some of our Products (for example, without limitation, the Avira Secure Backup and the Avira Social Network Protection) allow you to upload or submit or upload your own content to a community where you can communicate with other users ("Your Content"). If Your Content is, indeed, yours and you are not violating another party or entity's intellectual property rights, you retain ownership of any intellectual property rights that you hold in Your Content. For purposes of clarification, the terms governing Your Content apply only to Products governed by these Terms and Your Content expressly excludes Feedback (as defined below). You are also solely responsible for the data and content stored via our Products. We will not inspect the data you store, except as unavoidable in order to provide support for your use of our Products or as allowed by applicable law. We may remove any illegal data.

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You agree to follow these rules with respect to Your Content:

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- Your Content intended for display shall not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profanity), threatening, defamatory, invasive of privacy, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability or is otherwise injurious to third parties, and that it shall not include software viruses, worms, malware, political campaigning, commercial solicitation, chain letters, mass mailings or any content commonly known as "spam".

 If you do not comply with the applicable law and/or these Terms, we may be forced to bring an action to collect damages and/or prohibit your behavior or stop you from any unauthorized use of our Products. Some unlawful activity may even result in criminal prosecution under relevant law. Nobody wants this, so please comply with the law and these Terms.
 Unless expressly stated otherwise, using a particular Products does not give you ownership of any intellectual property rights in such Product or any of the content you access. You may not use content from our Products unless you obtain permission from the owner of such content or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Products. Never remove, obscure or alter any legal notices displayed in or along with a respective Product.
 For some of our Products (for example, Avira Answers), we provide a platform allowing users to interact with other members in the Avira user community and/or Experts. As part of such platform, we may also provide users with the possibility of negotiating and completing transactions with Experts. Avira is not and shall not be either a party to any agreements or transactions by and between any users and/or Experts nor an agent of any user for any purpose. For the avoidance of doubt, Avira shall in no way be held responsible for the actions and/or omissions of users via any of its platforms unless we have expressly let you know otherwise in these Terms.
+With respect to our Avira Identity Scanner Product, the following shall apply:
+Upon completion of your membership, your access will be activated. Then you can log into the section of your Avira Account and use the services as described. To receive an order by phone in the Service Center, you have to legitimize yourself as an Avira Identity Scanner customer by mentioning your pin. The Service Center is offered in cooperation with our specialized partner Affinion International Limited and its affiliates ("Affinion"). Without proper verification, Affinion will not accept calls in the interest of your own safety. Telephone calls with the Avira Identity Scanner Service Center can be recorded. These records are used to process the orders of the customers accordingly and to constantly check the service quality of the Service Center. You will be notified of this before recording. A record will be omitted if you object to this. The Service Center processes orders with commercial diligence. If the order has to be executed due to ambiguity, e.g. you will be notified immediately by telephone or in text form of applications that have not been fully completed. In this case, the Service Center reserves the right to obtain a written confirmation prior to execution of the order.
+An online monitor continuously searches for unauthorized personal data on the Internet. The term Internet covers the Deep & Dark Web as well as some areas of the Surface Web. Via the online monitor, you place the order to search for the search data you have defined and to save and process your data for this purpose. The search is limited to the search data you entered. A guarantee for the completeness of the search or the finding of unauthorized mapped or used data on the Internet is not given. Under certain circumstances, the online monitor will also tell you that further data has been found by you at the location of your search data.
+An online cleaner sends a message to the responsible Internet site operator in the Surface Web on behalf of you as part of a standard procedure and requests the deletion / blocking of your search data found by the online monitor. As far as a deletion is technically or legally not possible, the data can be blocked in most cases at least and thus made inaccessible to the public. For website operators from Germany, this is done in German, from other countries in English. The online cleaner is not available for hits in the Deep & Dark Web.
+Insofar as an operator has its own reporting system and we are to send the application for you in this way, we may need further information or documents to process the request. The application to the operator may only be possible by yourself.
+To use the online cleaner, you must order it via the online form. The basis for ordering the online cleaner is that you did not make the relevant data entry yourself, that you consider it unlawful and a deletion / blocking is necessary and that the online monitor has found this information.
+The fact that information selected by you for deletion / blocking is actually deleted / blocked is not guaranteed with the online cleaner. We merely establish contact with the data publishers and communicate your request for deletion / blocking of your data.
+Upon request, you will receive the correspondence with the operator free of charge in copy, either by email or letter.
+Avira and Affinion do not attempt to review the claim for cancellation / removal, nor do Avira and Affinion provide legal advice or other legal care, e.g. Avira and Affinion do not verify that you have permission to delete / block the data. To clarify the legal situation and any claims, you are bound to contact a lawyer, in principle and in particular in cases where there is a risk of default (for example, in the event of imminent credit card misuse) or any other urgency. The latter can immediately pursue the deletion of the data, if a claim exists, and inform you about further rights (such as injunctive relief and damage claims).
+You are required to provide your profile data such as name, payment details and address correctly and keep it up to date. You can make changes yourself in your profile. Avira Identity Scanner may only be used for private purposes and not for commercial or other purposes. In addition, you are required to keep the pin designated at time of registration in strict confidence and not to pass it on to unauthorized persons or to make them accessible to unauthorized persons. The input of data of third parties is not permitted. You may only enter your own personal data into the online monitor.
+A 24-hour emergency hotline is available seven days a week and advises you on all matters relating to Avira Identity Scanner, whether to protect the identity of your data in the Surface Web and Deep & Dark Web or misuse of your data on the Internet. If necessary, experts are also provided on various questions (the prices of your service provider apply to telephone calls). Please note that information provided by the 24-hour emergency hotline does not replace any need for legal advice and assistance. Avira and Affinion do not provide legal advice.
 You are responsible for familiarizing yourself with the key functions and features of a respective Product as you bear the entire risk associated with a particular Product meeting your individual requirements and needs. You are responsible for installing a respective Product, Update and/or Upgrade and complying with any of our instructions concerning the installation of a respective Product and any associated Updates and Upgrades. You are also responsible for setting up and maintaining a functional hardware and software environment and for performing regular data backups.
 You must notify us of any alleged or potential defect with a respective Product as soon as possible. If you provide us with an email address or other contact information in order to allow us to send you important information (including security-related information) for the use of a particular Product, it is your responsibility to update us with any changes to such contact information. We will not be liable for any damages resulting from your failure to notify us of a change in your email address and/or contact information in a timely manner.
+. **YOUR AVIRA ACCOUNT**
+. **YOUR AVIRA ACCOUNT**
 You will need to create an Avira-specific account ("Account") in order to use some of our Products. You are responsible for any activity associated with your Account user ID and password. If you believe your Account is or may be compromised, you must notify us and change your password immediately. You may not create an Account if you are currently restricted or prohibited from having such an Account or using a particular Product.
 With respect to our Avira Secure Backup Product, in the event you have not signed up for automatic renewal and do not renew your paid License, we will grant you a fifteen-day (15) grace period after the expiration of a respective License Term during which you will still have access to your Account. Following the initial grace period, your Account shall be disabled, but any data you backed up shall not be deleted, for a period of thirty (30) days. During the thirty-day (30) period, you will receive regular notifications stating that such data will be deleted on a specific date unless you renew the respective License Term. During the thirty-day (30) period, you may contact our customer support at any point to transfer your selected backed-up data to a free account. If you do not either (i) renew by the deletion date stated in the notice or (ii) contact our customer support to transfer your backed-up data to a free account, such data will be deleted and you will have to create a new Account. You may request, in writing, to have your backed-up data removed from our servers at any time and such request will be processed within seven (7) business days. If you do not explicitly request such removal, we may store your data exclusively for technical reasons up to a maximum of ninety (90) days after the termination or expiration of the License Term with respect to the Avira Secure Backup Product; provided, however, we will retain your account information as required for business operations and compliance with applicable laws.
 With respect to our Avira Social Network Protection Product you must be the parent or legal guardian of the child or children for whom you desire to use the Avira Social Network Protection Product and associated website and must not use the Avira Social Network Protection Product with respect to any person who is 18 years of age or older, is married or is otherwise emancipated and who has not consented to your use of the Avira Social Network Protection Product with respect to them. You must delete from your Avira Social Network Protection Product account any child or children for whom you have been previously using the Avira Social Network Protection Product who becomes 18 years of age, becomes married or becomes otherwise emancipated, or rescinds their consent for you to use the Avira Social Network Protection Product in connection with them.
 With respect to our Avira Answers Product, you may be able to register as a member of an expert community advising individuals who may be experiencing problems with their computer hardware and/or software ("Expert"). In order to register as an Expert, you must be a business, and must represent and warrant that the business is duly organized, validly existing and in good standing in the country in which the business is registered and that you, the individual in control of such Expert Account, have the requisite authority to act on behalf of the business. If you, subsequently, delete your Expert Account, information provided by you, will no longer be visible on Avira Answers (with the exception of certain information we retain for accounting purposes).
 Nothing stated in these Terms shall limit our ability to cancel, suspend or terminate any of your Accounts in our sole discretion.
+. **PRIVACY AND COLLECTION OF PERSONAL INFORMATION**
+. **PRIVACY AND COLLECTION OF PERSONAL INFORMATION**
 For a detailed understanding of our privacy and how we treat your personal information, please visit [www.avira.com/privacy](http://www.avira.com/privacy). As a brief overview, we may collect, retain, and use specific data about you, your Device (as defined below) and your Device's interactions with other Devices. Some of this information may include information that can be used to identify you, including without limitation, name, address, phone number, e-mail address, credit card information, facial image, voice sample or other biometric record (collectively, "Personal Data") and may include sensitive data stored in files on your Device. Among other uses fully described in our privacy policy, the data we collect is used to provide, deliver, and support a particular Product and to inform you about Upgrades, new and existing Products, offers or other information. For these reasons you may not be able to opt out of some of this information collection other than by uninstalling the respective Product.
+. **THIRD PARTY CONTENT, THIRD-PARTY TOOLS AND REMOTE ACCESS**
+. **THIRD PARTY CONTENT, THIRD-PARTY TOOLS AND REMOTE ACCESS**
 If some of our Products display content, tools or functions that are not ours ("Third-Party Content"), such content is the sole responsibility of the party or entity that makes it available and we assume no responsibility whatsoever for it. If Third-Party Content is subject to special licenses, terms and/or conditions, you may need to agree to abide by such third-party terms and/or conditions in order to use the Third-Party Content. If you do not agree to such third-party terms and we incorporate Third-Party Content into one of our Products, you may no longer be able to properly use and/or fully access such Product.
 Some of our Products use features and applications that may allow you to grant someone access to information stored on and about your Devices ("Remote Access"). Such access is conditional upon you consenting to the Remote Access. Please remember that such features, while designed to be used in order to facilitate the use of certain Products and helping you resolve issues you may be experiencing with a particular Device, can provide other people with access to certain information stored on such Device, information about your Device and/or access to information on your Device. We assume no responsibility or liability for what happens to your Device(s) once you grant someone Remote Access.
 Additionally, in conjunction with accessing and/or using some of our Products (including Products that require Remote Access), you may also obtain access to certain third party applications and/or tools ("Third Party Tools"). Avira assumes no responsibility whatsoever for use of such Third Party Tools. Furthermore, such Third Party Tools may be subject to special licenses, terms and/or conditions. By accessing and/or using such Third Party Tools, you agree to abide by any and all relevant licenses, terms and/or conditions associated with such Third Party Tools.
+. **YOUR CONTENT**
+. **YOUR CONTENT**
 Some of our Products (for example, without limitation, the Avira Secure Backup and the Avira Social Network Protection) allow you to upload or submit or upload your own content to a community where you can communicate with other users ("Your Content"). If Your Content is, indeed, yours and you are not violating another party or entity's intellectual property rights, you retain ownership of any intellectual property rights that you hold in Your Content. For purposes of clarification, the terms governing Your Content apply only to Products governed by these Terms and Your Content expressly excludes Feedback (as defined below). You are also solely responsible for the data and content stored via our Products. We will not inspect the data you store, except as unavoidable in order to provide support for your use of our Products or as allowed by applicable law. We may remove any illegal data.
 You agree to follow these rules with respect to Your Content:
 - Your Content intended for display shall not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profanity), threatening, defamatory, invasive of privacy, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability or is otherwise injurious to third parties, and that it shall not include software viruses, worms, malware, political campaigning, commercial solicitation, chain letters, mass mailings or any content commonly known as "spam".
 - We are not responsible for another user's use, misuse or misappropriation of Your Content that you provide to us, to a community website or to another user via a community website.
 In general, we reserve the right to deny access, remove, screen or edit any content which violates these Terms or which we find, in our sole discretion, otherwise objectionable.
 Grant of Rights for Your Content to Avira. By submitting or sending Your Content to, or otherwise making Your Content available for display on or through any of the communities within a respective Product, you grant Avira a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit Your Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
+. **OWNERSHIP RIGHTS, LICENSE GRANT & USE RESTRICTIONS**
+. **OWNERSHIP RIGHTS, LICENSE GRANT & USE RESTRICTIONS**
 Our Products are the key to our business and we take protecting our intellectual property rights (and those of our licensors) very seriously. Please read the information below as it explains your rights with respect to the Products including important information with respect to your ability to download and use a particular Product on multiple Devices.
 Important Definitions: To explain the full meaning of certain terms used in this section, we want to define the following (please note, however, that the definitions below shall apply throughout these Terms and not exclusively to this Section):
 - Device: means any electronic device that is able to process data with the assistance of a programmable calculation specification.
 You cannot use any of our Products in special risk areas that require error-free, permanent operation of relevant systems and in which the failure of a respective Product may result in a direct risk for life, body or health or in substantial damages to property or the environment (high risk and high availability activities, including, but not limited to, the operation of nuclear facilities, weapon systems, aviation navigation or communication systems, life support systems and equipment, machine and production processes of pharmaceuticals and food production). **ANY VIOLATION OF THIS PARAGRAPH VOIDS ANY AND ALL WARRANTIES WE PROVIDE AND WE DO NOT WARRANT OR GUARANTEE THAT ANY OF OUR PRODUCTS ARE FIT FOR USE IN SPECIAL RISK AREAS.**
 Third-party claims. You must notify us without undue delay if a third party asserts claims against you, claiming a respective Product infringed and/or infringes such third party's intellectual property rights (_Rechtsmangel_), and any documents or correspondence or other forms you receive associated with such claim must be turned over to us immediately.
 Feedback. We welcome your feedback and suggestions about our Products. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to us, you represent that such Feedback does not violate the intellectual property of any third party and that you have all rights necessary to convey, and hereby do convey, to us the right to use such Feedback. In addition, any Feedback received through our Products will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or in part) and otherwise fully exploit the Feedback worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
+. **INDEMNITY**
+. **INDEMNITY**
 You agree to defend, indemnify and hold Avira, its affiliates, subsidiaries, directors, officers, employees, agents, business partners and licensors ("Avira Indemnified Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) any of Your Content you upload into one of our Products; (b) your violation of any rights of a third party; (c) your violation of any law or (d) your false, fraudulent, malicious or inaccurate representation of your identity.
 Furthermore, you agree to indemnify the Avira Indemnified Parties harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from your use of our Products in violation of these terms.
+. **TECHNICAL SUPPORT**
+. **TECHNICAL SUPPORT**
 With respect to some of our Products, at our sole discretion, we may offer technical support as fully detailed at [www.avira.com/en/support](http://www.avira.com/en/support). We provide such technical support without any warranty of any kind. Prior to obtaining such support, it is your responsibility to back up all of your existing data, software and programs. We may cease or suspend offering technical support with respect to a particular Product at any time.
+. **MODIFYING OUR PRODUCTS**
+. **MODIFYING OUR PRODUCTS**
 We are constantly improving and changing our Products. We may suspend or stop offering a particular Product or add or remove functionalities or features. We may perform such modifications without providing you with prior notice of such modification.
+. **TERM AND TERMINATION OF OUR PRODUCTS**
+. **TERM AND TERMINATION OF OUR PRODUCTS**
 These Terms will continue to govern the relationship between you and us with respect to a particular Product until the expiration of your License Term or until they are terminated because you violate them, fail to pay the License fees, we are required to do so by law or we cease to offer a particular Product. The expiration of a term with respect to one Product does not automatically terminate these Terms with respect to another Product.
 You can stop using a particular Product at any time. If you signed up for automatic renewal of a particular Product, it means you would like to renew a License to such Product at the end of a particular License Term for the list price effective at the time of the renewal and you acknowledge that we may not notify you that a particular License Term is ending. If you do not want to renew, you need to give us 45 days' notice prior to the end of a particular License Term and before the beginning of the next License Term so that we do not charge you. If we do end up charging you a License fee because you did not provide us with your notice of termination in time, you will have thirty (30) days after you were charged such fee to obtain a refund.
 Once a License terminates or expires, your right to use a respective Product, Update or Upgrade, as applicable, ends immediately and you must remove any installed Product(s) (and any back-ups) from each respective Device(s). We may require you to provide written confirmation that you have, indeed, removed or destroyed the applicable material.
+. **WARRANTIES AND DISCLAIMERS**
+. **WARRANTIES AND DISCLAIMERS**
 Some of our Products may come with a limited warranty. Any of our paid Products include a limited warranty where we warrant that, for thirty (30) days from the date of purchase, such Product will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which such Product was provided to you will be free from defects in materials and workmanship.
 If you did not intentionally or accidentally cause the defect in the respective Product, your exclusive remedy for the breach of the foregoing limited warranty shall be, at our option, either (i) a return of the fee you paid; (ii) a replacement of the defective media on which the particular Product was provided to you; or (iii) receipt of a defective-free version of the respective Product by either us replacing the Product or fixing the underlying problem causing the defect. You must return any defective media to us or to the reseller that provided the media to you, at your expense, with a copy of your receipt. THIS LIMITED WARRANTY IS VOID IF YOU CAUSED THE DEFECT, EITHER INTENTIONALLY OR ACCIDENTALLY.
 EXCEPT FOR THE LIMITED WARRANTY THAT MAY APPLY TO SOME OF OUR PRODUCTS, AND/OR PARTICULAR PARTS THEREOF, OUR PRODUCTS ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WE ALSO EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES RELATING TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR ABILITY TO INTEGRATE A PARTICULAR PRODUCT WITH OTHER PRODUCTS. YOU ASSUME RESPONSIBILITY FOR SELECTING A PARTICULAR PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM SUCH PRODUCT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR PRODUCTS WILL PROTECT AGAINST ALL POSSIBLE THREATS, BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, THAT OUR PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT OUR PRODUCTS ARE FIT FOR USE IN SPECIAL RISK AREAS.
+. **OUR LIMITATION OF LIABILITY**
+. **OUR LIMITATION OF LIABILITY**
 You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES FROM LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR A RESELLER'S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THESE TERMS EXCEED THE PRICE YOU PAID FOR THE PARTICULAR PRODUCT.
 THE PROVISIONS OF SECTIONS 12 AND 13 SHALL APPLY TO ANY USER AND AUTHORIZED RESELLER, AS APPLICABLE, OF OUR PRODUCTS AND SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
+. **ADDITIONAL INFORMATION ABOUT THESE TERMS**
+. **ADDITIONAL INFORMATION ABOUT THESE TERMS**
 We may suspend or stop providing our Products to you if you do not comply with these Terms, the Terms and Conditions, Product Information Sheet, Documentation or any additional terms that become part of these Terms or if we are investigating suspected misconduct.
 The Terms do not create any third-party beneficiary rights. If you do not comply with the Terms and we do not take action right away, this does not mean we are giving up any rights that we may have (for example, our right to take action in the future). If it turns out that a particular term within these Terms is unenforceable, this will not have any impact on any of the other terms. Unless Section 15 applies, the laws of the State of California, without regard to its choice of law rules, will apply to any disputes arising out of or relating to these Terms or the Products. All claims arising out of or relating to these Terms or the Products will be litigated exclusively in the state or federal courts in Santa Clara County, California and you consent, and we consent, to personal jurisdiction in those courts.
 We may modify these Terms or any additional terms that apply to a Product to, for example, reflect changes to the law or changes to our Products. We will publish these revised Terms on our website, but will likely require you to accept the updated Terms. Such updated Terms will control the relationship between you and us. If you do not agree with a modification to these Terms, you may stop using our Products and be eligible for a refund, as applicable.
 Your use of our Product may be subject to export and re-export control laws and regulations, including, without limitation, the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert or otherwise dispose of any Products to any end-user without obtaining the required authorizations from the appropriate government authorities and/or regulatory bodies.
 These Terms or your use of our Products does not create a joint venture, partnership, employment or agency relationship with us.
 The provisions of Sections 5 through 8 and 11 through 15 and the similarly relevant parts of Section 15 will survive the termination of these Terms for any reason.
+. **PROVISIONS UNDER GERMAN LAW**
+. **PROVISIONS UNDER GERMAN LAW**
 This section applies to you if you are located in any other jurisdiction than the United States and Canada. Your license is governed by the laws of Germany. For the purposes of Section 15, "Entrepreneur" means any natural person, partnership, corporation, limited liability company or other legal business entity that uses the Products for business purposes. Should you be an Entrepreneur, the exclusive jurisdiction is our registered seat. We reserve the right to sue you at your domicile.
 Nothing in these Terms shall limit your right according to Sections 69 c no. 3, 69 d para. 2 and 3 and 69 e of the German Copyright Act (_Urheberrechtsgesetzes_). If you want to reverse engineer, decompile or disassemble a particular Product (hereinafter referred to as "Decompilation") for the purpose of achieving interoperability with other computer programs according to Section 69 e of the German Copyright Act, you shall contact us before Decompilation of the Product and request the provision of the respective information necessary for the achievement of such interoperability. If we supply such information without undue delay, you shall not be entitled to the Decompilation of the respective Product.

Avira Products End User License Agreement and Terms of Use

Full text changes — 20150421_rev01 to 20180611_rev01