Software use license agreement
between— Novirusthanks Company Srl, email: info@novirusthanks.org , website: http://www.novirusthanks.org/ with head office in Perugia, ITALY, tax code 03065920542, hereby represented by legal representative pro tempore (hereinafter the "Licensor"); and
— you as end user, either an individual or a single entity (hereinafter the "Licensee"); hereinafter also referred to jointly as “the Parties” it is agreed and stipulated as follows.
Article 1 Conditions.
1.1 The licensee declares an interest in using, under license, the computer programme described in the attached document “A”, on payment to the Licensor of a license fee. 1.2 The conditions, together with Attachments “A” and “B”, form an integral and substantial part of the present agreement (hereinafter also referred to as “the Contract”) and, if necessary, constitute the interpretive canon of the wishes of the Parties as expressed in the following.Article 2 Object.
2.1 With the Contract, the Licensor concedes to the Licensee the faculty of using the computer programme specified in Attachment “A” (hereinafter also referred to as “the Software”). As compensation for this concession the Licensee commits to pay the license purchase price in accordance with the table as specified in Attachment “B”, respecting the payment methods specified therein.2.2 In particular, the Licensor concedes to the Licensee, via an access code (hereinafter also referred to as “the Key”) the right to query – on line at the Software web page and for a fixed number of times every 24 hours as specified in Attachment “B” – the Software and to visualise and memorise the result, within the limits specified in point 8 of Article 4.1.
Article 3 Duration of Contract and right to withdrawal.
3.1 The use license conceded with the Contract will begin after the receipt of payment on the part of the Licensor and will be of a duration corresponding to the sum paid by the Licensee in accordance with Attachment “B”. Right to withdrawal is foreseen for the Licensor in the case of improper use of the Software on the part of the Licensee: in this case, the Licensor can withdraw by simply serving notice in accordance with article 1456 and subsequent modifications of the Italian Civil Code. “Improper use of the Software” is understood as, for example, the non-observance of the points reported in the subsequent Article 4, examining the operating principles of the software with the aim of compromising its functionality, the analysis of its functions with the aim of making comparisons with competing software, etc.Article 4 Licensee obligations
4.1 With the Contract, and also after its conclusion, the Licensee is obliged to:1) not divulge the Key to third parties;
2) not attempt to translate, adapt, transform or modify the Software;
3) not observe, study or test the operation of the Software itself, with the aim of determining the ideas and principles on which each of its elements are based; 4) not use the Software for the development, the production or the commercialisation of programmes similar to the Software, or for any other activity which violates the author’s rights of the Licensor relating to elaborations, modifications or transformations of the Software;
5) not give the Software by rental, loan, hire or leasing or use on any basis and/or cede the present license to third parties;
6) pay to the Licensor the price of use, in accordance with Attachment "B";
7) contact the Licensor and obtain the Licensor’s written authorisation if it is required that the Software is sublicensed;
8) not create his/her own database: the licensor can view and memorise the results generated by the Licensor's service, but he/she may not use these details to create his/her own database of malicious hashes and may not sell these details to others.
4.2 For uses differing from and not included in the present Contract the Licensee is obliged to contact the Licensor directly.
Article 5 Guarantee.
5.1 The Software is conceded under license “as is”, with possible programming defects. In the case of malfunction of the same and/or its inaccessibility for reasons due to the Licensor, the latter’s only burden will be that of prolonging the duration of the Contract for the period in which the Licensee was unable to use the Software.5.2 The Licensor offers no further guarantee regarding the Software beyond the obligatory guarantee provided for by Italian law. Therefore, any eventual implicit guarantees of marketability, eligibility for a specific purpose and non-violation of others’ rights are excluded. Furthermore, the Licensor cannot be held responsible for damages or losses deriving from the use of the Software itself.
Article 6 Obligation to confidentiality and intellectual property.
6.1 The Licensee undertakes to observe the strictest confidentiality towards any third party in relation to the technical documentation, the facts, the knowledge, the logics, the code, the screens and, more generally, all the data of any kind which has been communicated to them by the Licensor, which will be communicated to them, or from which has been or will be in any way transmitted in relation to the relationship with the same and/or to the use of the Software.6.2 The Contract does not confer to the Licensee any faculty and/or right to the use of registered and non-registered trade marks and/or other distinctive details belonging to the Licensor. All trade marks, domain names and distinctive details of the Licensor remain the Licensor’s exclusive property and are not ceded nor licensed with the Contract; in the case that these are included in the Software, the Licensee may not in any case delete them nor substitute them with their own nor, more generally, effect any operation on the Software which has the aim or the effect of eliminating and/or limiting the visibility of the distinctive details of the Licensor.
Article 7 Final clauses.
7.1 No modification or supplement to the Contract will be binding unless it is made in writing and has been undersigned by both Parties.7.2 In the case that any one of the dispositions of the Contract results as void, the other agreements retain full vigour and efficacy, given that the Parties have already agreed and will continue to agree to commit to negotiate any new valid and effective substitute dispositions in good faith.
7.3 The eventual tolerance of one of the Parties in relation to behaviour carried out by the other in violation of the dispositions contained in the Contract may not in any circumstances be interpreted as renouncing the rights deriving from the dispositions violated nor the right to demand the exact fulfilment of all the terms and all the conditions foreseen herein.
7.4 All communications relating to the present Contract must be formulated in writing and are understood to have been received on the day they are sent, if sent via e-mail (on condition that the sender conserves a receipt of confirmation). Such communications will be addressed to the following addresses elected by the Parties:
a) for the Licensor : info@novirusthanks.org
b) for the Licensee : service sign up e-mail
7.5 Each of the Parties, via written communication sent to the other via the methods above, may indicate a different address for future communications. Any eventual modifications will be considered effective only after 5 (five) days have passed from the date of receipt of the relative communication.
Article 8 Privacy.
In accordance with Italian law D. Lgs. 196/2003, all the personal data freely supplied by the Licensee will be collected by the Novirusthanks Company Srl data supervisor in the person of the legal representative pro tempore, and administered, in accordance with the confidentiality and security rules of the aforementioned regulation, directly by Novirusthanks Company Srl for the purposes of allowing the Licensee to obtain the services indicated above and freely chosen by the Licensee and to allow the Novirusthanks Company Srl to carry out research relating to the degree of satisfaction relating to the services that the Licensee has received. Not releasing the data or not giving consent to the communication of the data or its handling on the part of Novirusthnks Company Srl will mean the Licensee is not permitted to use the service requested. The data will be processed with the help of automated devices and the use of appropriate security measures. In accordance with Art. 7 of the D. Lgs. 196/2003 the Licensee retains the right to be advised of the Licensee’s personal data held by us, as well as the right to request additions to, corrections to, or cancellation of the same. Regarding this, the Licensee can contact us directly by sending an email (info@novirusthanks.org) to the data supervisor at Novirusthanks Company Srl, in the person of their legal representative pro tempore.Article 9 Applicable law and place of jurisdiction
9.1 The only law applicable to the Contract is Italian law.9.2 For any dispute arising from the Contract the only place of jurisdiction will be the tribunal of Perugia (ITALY), apart from in the case of lawsuits that fall under the jurisdiction of the industrial and intellectual property Specialized Section, in which case the only place of jurisdiction will be the tribunal of Florence (ITALY).
In accordance with articles 1341 and 1342 of the Civil Code, the Parties declare that they specifically accept the following articles: 3 (Duration of Contract and right to withdrawal), 4 (Licensee Obligations), 5 (Guarantee) and 9 (applicable law and place of jurisdiction)
Attachment "A"
Software Specifications.Malware Hash is a database of malicious MD5 and SHA1 hashes. The commercial service offered is an API (Application Programming Interface) that allows the client, for the duration of the Contract, to easily and quickly query the database related to the software to verify if a Hash is classified as harmful and to have in return a report in XML format. The client should register himself/herself at the above mentioned website and should fill in the listed fields, such as name, e-mail, website, company and password. The Licensor has to save these details in its database and will do its best to maintain a server that is secured against being compromised. The client agrees that if the server is compromised by hackers, the Licensor cannot be held responsible for privacy issues or for the spreading of sensitive data. The user details saved in the database will not be shared with other parties. When the client has registered at the website, he/she can purchase a specific plan (plans are understood to refer to types of offers that differ, for example, in the number of hours that elapse between one check and another); payments are handled by regnow.com (Digital River Inc., www.digitalriver.com ) and use an SSL secure connection. The client should ensure that when he/she enters his/her details in the regnow.com forms, he/she uses the same e-mail address used to register at the Licensor's website. When the client has paid for his/her selected plan and the payment has been confirmed by regnow.com, the Licensor's website will enable the paid-for plan and the client can use the specific plan immediately. Each plan has a different price and duration, so the client should read these details from the Licensor's website. It is very important that the client saves the order ID so that, in case of problems, the Licensor will be able to provide assistance and solve any possible problems more easily. Depending on the plan chosen, the client will be able to use one or more API keys to query the database, and again depending on the plan chosen, each API key will have a daily queries limit.
Attachment "B"
Duration of the license, payment methodEach plan available for purchase has a different duration and price; for more information on all the possible configurations (such as, for example, the number of queries for each 24 hour period) and all the possible prices check the pricing plans page on the http://www.malwarehash.com web site.
Last modified: 19/08/2011.