Contents

  1. DEFINITIONS
  2. OUR WEBSITE
  3. OUR PRODUCTS
  4. PURCHASING FROM US
  5. WARRANTIES AND OUR LIABILITY TO YOU
  6. FORCE MAJEURE
  7. GENERAL

WEBSITE AND SUPPLY TERMS

1st March 2010 Edition

Important Terms

THESE ARE THE PREVX LIMITED WEB SITE AND SUPPLY TERMS.

THEY APPLY TO USE OF OUR WEBSITE AND THE SUPPLY OF PRODUCTS BY US.

BY ACCESSING OUR WEBSITE OR DOWNLOADING OR OBTAINING PRODUCTS FROM US, YOU ARE INDICATING THAT YOU ACCEPT THESE TERMS.

OUR LIABILITY IS LIMITED BY THE PROVISIONS OF CLAUSE 5 BELOW, BUT NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY CONSUMER RIGHTS TO THE EXTENT PROHIBITED BY LAW.

WE RESERVE ALL RIGHTS IN OUR WEBSITE AND PRODUCTS NOT EXPRESSLY GRANTED BY US IN A LICENSE UNDER THESE TERMS OR IN A PRODUCT SOFTWARE LICENSE.

  1. DEFINITIONS

    2. In these Website and Supply Terms ("Terms") and any contract which incorporates them, the following words shall have the corresponding meanings:-

    1. "Affiliate" means any company, any subsidiary of that company, holding company of that company, or subsidiary of that holding company, and the terms "holding company" and "subsidiary" have the meanings given in Section 1159 of the Companies Act 2006;
    2. "Content" means all content on our Website from time to time other than our Products, which includes without limitation, all data, databases, program code, information, documents, logos, graphics, sounds and images;
    3. "Contract" means any contract which incorporates these Terms, including any contract for the sale or supply of a Product, Product Software License and/or Product Software License Key;
    4. "Order" means any order from you for a Product made through our Website;
    5. "Prevx", "we", "us", and "our" mean Prevx Limited, a company registered in England and Wales with company number 04181251 and address at 3 New Park Place, Pride Park, Derby, Derbyshire, DE24 8DZ, United Kingdom. PREVX's VAT number is 772 001270;
    6. "Privacy Policy" means our policy concerning our collection, use and protection of personal data, as published from time to time on our Website;
    7. "Products" means the Prevx software products and associated services, including the Prevx anti-malware product, the Prevx SafeOnline product, enterprise server software and all other software, services, and other products we offer for supply, download and/or license from time to time, and "Product" includes (1) any associated Product Software License and Product Software License Keys, and (2) accompanying help or other user documentation supplied with the same;
    8. "Product Software License" means the Prevx end-user software license for any Product which is software supplied to you, which accompanies the Product, including any such license which you are required to accept in order to install any Product on a computer;
    9. "Product Software License Key" means a license key which activates and enables use of a Product or specific paid-for functionality within a Product, for a specified limited period, and for a specified number of computers;
    10. "Trade Marks" means the trademarks "Prevx", "SafeOnline", and any other trademarks used by us on our Website or in relation to our Products;
    11. "you" or "your" means the person (including individuals, firms and companies and other organisations) browsing or using our Website, obtaining, downloading, and licensing Products from us, or registering for an account on our Website; and
    12. "Website" means all and any website(s) operated by Prevx from time to time, including our website http://www.prevx.com, our purchasing web pages (including those operated by our third party order processing agents such as Cleverbridge), and our support forums, and to all information and services obtainable through our website(s), as the same change from time to time.
  2. OUR WEBSITE

    3. 2.1 Ownership

    Our Website, its Content and the Trade Marks are owned and operated by Prevx, and Prevx and its licensors retain all right, title and interest in and to the Website, the Content, and the Trade Marks including all copyright, design rights and trade mark rights whether registered or unregistered and all other intellectual property and proprietary rights anywhere in the world in or to the Website, the Content and the Trade Marks. Except for the licenses stated in Clauses 2.2 and 2.6(c) below, Prevx grants no license and transfers no rights or interest in relation to the Website or Content, or its Trade Marks and all rights in the Website, Content and Trade Marks are reserved to Prevx absolutely. Any goodwill in the Trade Marks or Website shall accrue to the benefit of Prevx. By accessing and using our Website you acknowledge this Clause 2.1.

    2.2 Use of Content

    Prevx licenses you to download the Content into you browser, to store copies of the Content in your browser cache, and to make electronic or printed copies of the Content, solely for the purposes of browsing our Website, submitting messages to us and our Website, downloading our Products, and using our Products under any Product Software License granted to you, provided that: (1) any copyright or other proprietary notices of Prevx or its licensors within the Content are not deleted, modified or obscured and are reproduced on all copies of the Content; (2) such use and display is solely for your personal or internal use (that is, not for commercial gain and not distributed or otherwise transmitted outside of your home or business, or otherwise broadcast in any media); and (3) the Content is not reproduced, modified, edited, altered or enhanced in any manner; and (4) no part of our Website or Content may be reproduced or stored on any other website or included in any public or private electronic system or service without Prevx's prior written consent. Except as expressly permitted above by this Clause 2.2, any and all use, downloading, copying, publishing, transmitting, or distribution of the Content or any part of the Content is prohibited. If you breach any of these Terms or any Contract, your license to use our Content under this Clause 2.2, and your permission to use our Website automatically terminates and you must destroy and/or permanently erase any downloaded or printed Content and all extracts.

    2.3 No Unlawful Or Prohibited Use

    You will not use our Website in any manner that could damage, disable, overburden, disrupt or impair any Prevx server or any servers or networks used with our Website or interfere with use of any part of our Website by any other person or entity. You may not attempt to gain unauthorised access to any Content, other accounts, or computer systems connected to any Prevx server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content through any means not intentionally made available through our Website. Further, you will not use our Website to violate any applicable law, regulation, contract or policy.

    2.4 Website Availability

    Our Website can be accessed from any countries around the world and may contain references to Prevx services, programs, and products that are not offered in your country. You acknowledge and agree that any such references do not constitute any obligation of Prevx to offer such services, programs, or products in your country at any time. Prevx makes no representation that information on our Website is appropriate or available for use in all countries, and prohibits accessing materials from territories where the Content is illegal. Those who access our Website do so on their own initiative and of their own risk and are responsible for compliance with all applicable laws.

    2.5 Linking to our Website

    1. Subject to sub-Clauses (b) and (c), you may create a link from your website to the home page of our Website provided that you do not link to our Website from any website which:-
      1. replicates Content;
      2. creates a border environment or browser around Content;
      3. presents misleading or false information about Prevx's Products;
      4. misrepresents Prevx's relationship with you;
      5. implies that Prevx is endorsing or sponsoring you or your services or products;
      6. (other than as provided in sub-Clause (c) below) uses Prevx's name or trademarks without prior written permission from Prevx;
      7. contains content that could be construed as obscene, defamatory, pornographic, threatening, degrading or inappropriate as determined by Prevx in its sole discretion; or
      8. contains materials that are unlawful.
    2. You agree to immediately remove any link to our Website at any time upon Prevx's request.
    3. Provided you agree to and comply with sub-Clauses (a) and (b) above, Prevx permits you (on a non-exclusive, non-transferable basis) to reproduce the Prevx name solely for the purposes of providing an under-lined, textual link from your website to our Website.
    4. You may not link to an internal or subsidiary page of our Website located one or several levels down from our Website's home page nor use a frame or framing techniques to display any Content within another website.

    2.6 Registering with us

    If you register with our Website (including MyPrevx or any support forum), then the following Terms shall apply:-

    1. Usernames and Passwords

      2. It is your responsibility to keep your username and password for your account confidential. You shall be answerable for all use and misuse made of your username and password and account, and you agree that all orders submitted using your username, password and account, and all resulting contracts, will be binding on you, except that you will not be answerable for any unauthorised use of your username and password made by us or our employees and sub-contractors.

    2. Cancellation

      3. You may terminate your account or registration with our Website at any time by e-mailing or writing to us. We may terminate your account or registration with our Website at any time without notice to you, without having to provide a reason.

    3. Third Party Terms

      4. You agree to the terms of any third party (e.g. any third party hosting our forums for us) in relation to your use of the part of our Website provided by such third party.

    2.7 User Submissions

    If you submit any message, support request, forum post, material or other information to us or our Website (including our support forums), or store, transmit or receive by any method on or through our Website any materials, information or data, (in each case "User Submissions") then the following Terms shall apply:-

    1. Non-Confidential

      2. Other than personally identifiable information, which is covered under our Privacy Policy, any User Submission will be considered non-confidential, Prevx will have no obligations of confidentiality with respect to such User Material, and Prevx will be free to disclose the same publically.

    2. Non-Proprietary and License

      3. Any User Submission will be considered to be non-proprietary, and Prevx will be free to copy, edit, adapt, modify, distribute, incorporate and otherwise use in any way such User Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes in all parts of the world. You hereby grant Prevx a license (which is non-exclusive, royalty free, transferrable, perpetual, irrevocable, and sub-licensable) to do any of the above in relation to User Submissions, and warrant that you have the right to grant such license.

    3. Prohibited Submissions

      4. You are prohibited from posting or transmitting to or from our Website any User Submissions which contain any materials which or which link to any other materials that:-

      1. are threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, may incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
      2. constitute unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation;
      3. you have not obtained all necessary licenses and/or approvals for, in order to submit to us or our Website;
      4. constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party (including, without limitation, intellectual property rights), in the UK or any other country in the world; or
      5. are designed to interrupt, harm or limit the use or functionality of any computer software, hardware or telecommunications equipment (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    4. Responsibility for your User Submissions

      5. You, and not Prevx, are solely responsible for any and all User Submissions you make.

    5. Removal of Your User Submissions

      6. Without limiting the foregoing, you agree that Prevx may, in its sole discretion, remove or refuse to post, store or transmit any User Submissions of yours.

    6. Other Users' Materials

      7. You acknowledge that Prevx is under no-obligation to screen or control any materials posted on our Website by its users and that Prevx is not obligated or responsible to verify the accuracy, reliability, timeliness or appropriateness of such materials.

    7. Law Enforcement

      8. Prevx will fully co-operate with any law enforcement authorities or court order requesting or directing Prevx to disclose the identity or locate anyone posting any material in breach of sub-Clause (c).

    2.8 Third-Party Web Sites

    Our Website contains links to third-party websites, which are not under the control of Prevx. Please note that these links are for your convenience only. When you click on these links you are moving to another website. Prevx does not endorse nor does it make any representation about third-party websites which are linked from our Website, nor any material posted on such third-party websites. When you access a third-party website, you do so at your own risk.

    2.9 Third-Party Products And Services

    Our Website may contain information about products and services of third parties for informational purposes only. Prevx does not warrant impliedly or expressly the quality and/or reliability of such third party products and services. Prevx makes no recommendations or endorsements about third-party products and services.

    2.10 Accuracy of Content

    We make all reasonable efforts to ensure that the information on our Website is accurate, complete and up to date at the time of your visit. However, there may be errors which we have failed to notice. We have the right to correct these errors and to cancel any orders or contracts made on the basis of these errors, without liability to you, but if we seek to correct any error, we will give you an opportunity to cancel your order.

    2.11 Termination of Use

    Prevx may, in its sole discretion and without notice to you, terminate your use of, or access to, or registration with our Website at any time. Prevx will normally do so if Prevx believes that you have violated these Terms or any applicable law or regulation or that you have engaged in conduct that Prevx determines in its sole discretion to be inappropriate.

    2.12 Indemnity for your misuse

    You agree to indemnify, defend and hold Prevx (and its Affiliates, directors, officers, employees, shareholders, agents and partners) harmless from any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of (a) your use or misuse of our Website or any Content, (b) your breach or alleged breach of any of these Terms, or (c) your violation of any law, rule, regulation or rights of others.

  3. OUR PRODUCTS

    4. 3.1 Ownership

    Prevx retains all right, title and interest in and to the Products, including all copyright, design rights and trade mark rights whether registered or unregistered and all other intellectual property and proprietary rights anywhere in the world in or to the Products. Except for the license stated in Clause 3.2 below, Prevx grants no license and transfers no rights or interest in relation to its Products, and all rights and interests in the Products are reserved to Prevx absolutely. By downloading, installing or otherwise obtaining or using our Products you acknowledge this Clause 3.1.

    3.2 Product Software License

    Where you obtain any Product, including downloading it from our Website, the Product is supplied and licensed on the terms of our Product Software License, and you are required to accept our Product Software License before you may install and use our Product. You will not be able to use, download, or install any Product unless you agree to the terms of such Product Software License.

    3.3 Product Software License Keys

    The range of functionality you are permitted to use for our Product will depend on the Product Software License and associated Product Software License Key(s) you obtain from us. You will not need a Product Software License Key for any Product or Product functionality that is made available by us from time to time on a free basis as indicated on our Website. For any Product or Product functionality that is paid-for, you will need to obtain an appropriate Product Software License Key and renew the same when it expires. Unless otherwise stated on our Website, Product Software License Keys must be renewed to maintain the paid-for functionality. Note that if you purchase a multiple-computer Product Software License Key, there are certain limitations which apply, as detailed in our Product Software License, include: a computer is identified by means of the operating system and machine ID; you cannot transfer an installation, once made, to another operating system and machine ID, without our consent; and you cannot share a multiple-computer Product Software License Key with other persons other than your Affiliates (if you are a company).

    3.4 About Our Products

    The Prevx Products include:-

    1. Client Software (an Agent)

      2. A small client/agent software program downloaded by the customer to their computer, which provides anti-malware, SafeOnline and other functionality for that computer alone. The Product is designed to operate on Windows Operating systems and is compatible with a wide range of Internet Browsers; a list of compatible operating systems, internet browsers and 3rd party security applications are listed in our Website.

    2. Enterprise Console

      3. For businesses purchasing a large number of agents, Prevx also supplies with them an enterprise server console, to enable you to administer and manage all your agent software installations, which may provide functionality such as managing communications with the Prevx Community Threat Database, agent control and report, setting of scan, remediation and quarantine policies, analysis and reporting tools to find, track and recall infection details.

    3. Prevx Community Threat Database

      4. The Prevx Community Threat Database is a remote database service provided and run by Prevx which the Prevx Software requires access to in order for certain functionality to operate. The Prevx Community Threat Database provides a range of functions in connection with the Prevx Software including, as part of any scanning or real-time detection functionality, checking programs installed or running on your computer, and URLs and IP Addresses you are visiting through your web browser, against a remote database of threats, analysing suspicious programs found on your computer for threats, collecting (on an anonymous basis) attack data from your computer for general analysis and use in the fight against Internet crime and to improve the knowledge of the Prevx Community Threat Database, and providing threat removal instructions. Attack data means anonymous data as to files and programs installed and/or seeking to run on the computer, data as to web pages visited (including URLs and IP Addresses), data as to threats found, attempted intrusion events and other events generated. The Prevx Community Threat Database saves the need for the customer to have a malware signature database stored on their own computer Accordingly, the Product requires the customer to have an internet connection. The Prevx Community Threat Database collects and retains data on an anonymous basis concerning the software and internet connectivity of the user’s computer, including data about files and programs scanned, website URLs checked, and threats detected, but this has been designed with data protection in mind, and so does not collect any personally identifying or transaction related information. The Prevx Community Threat Database may be unavailable for time to time for maintenance, repair, upgrade and updating.

    3.5 Duration

    Your access to and use of our Products, including our Prevx Community Threat Database service, is through, and limited to the duration of, your applicable Product Software License and Product Software License Key(s).

  4. PURCHASING FROM US

    5. 4.1 Application of these Terms

    In addition to the rest of these Terms, the following Terms in this Clause 4 apply to all orders and contracts for the sale and supply of Products by us. For the avoidance of doubt, references to a Product shall include our Product Software License(s) and Product Software License Key(s). By placing an order through our Website (including any ordering website operated for us by our third party order processing agents such as Cleverbridge) you agree to these Terms.

    4.2 Purchase Process

    When purchasing Products from us, you will need to further download from our Website the free version of the Product and install this yourself. To access any paid-for functionality, you will then need to purchase an appropriate Product Software License Key from us, and input this into your installed Product to unlock that paid-for functionality.

    4.3 Consumer Rights

    If you are purchasing as a consumer for home and not business use, then these Terms do not affect your statutory rights as a consumer, where these cannot be limited or excluded by applicable law.

    4.4 Invitation to do business

    Our Website constitutes our invitation to do business with you, but it is not a binding legal offer from us. To purchase Products from us you need to follow the ordering process on our Website.

    4.5 Distance Selling Regulations

    If the Consumer Protection (Distance Selling) Regulations 2000 apply, then you agree that once you have submitted your Order for the Products you will be taken to have agreed that we may immediately commence providing our Product (including any services such as the Prevx Community Threat Database), and accordingly, under Regulation 13(1)(a) of The Consumer Protection (Distance Selling) Regulations 2000, you will not have any right to cancel the Contract.

    4.6 Your Order

    Your Order to us is your legal offer to purchase the Products on these Terms. You warrant that all information you provide with your Order is true and accurate.

    4.7 Formation of Contract

    Your Order is accepted, and the Contract is made for the supply of the Products, when our Website responds with a page confirming receipt of your Order, or if it does not do so, then when we send you a separate e-mail confirming your Order. Our Website, your Order, our confirmation of your Order, these Terms, and the applicable Product Software License, constitute the entire agreement between you and us for the Products covered by your Order, and any terms of yours are excluded.

    4.8 Sale and Purchase

    On acceptance of your Order, we agree to supply to you and you agree to pay for the Products ordered.

    4.9 Delivery Timescales

    We will provide the Products and perform the Contract within the timescales stated on our Website or otherwise in a reasonable time. If you are ordering a Product Software License Key, then this will normally be provided immediately when you have submitted your Order or by a separate confirmatory e-mail. You acknowledge that you are responsible for downloading and running the Prevx Software from our Website an installing the applicable Product Software License Key.

    4.10 Duration of Services

    Where our Product includes any services, then those services, will, unless otherwise stated, be provided for the duration of your relevant Product Software License Key. Where you are using any free Product, then any services may be withdrawn or terminated immediately at any time without notice to you.

    4.11 Price

    The price for the Products you Order shall be as stated on our Website at the time of your Order. We shall be entitled to correct any pricing errors, and vary your Order accordingly, in which case you will be given an opportunity to cancel your Order and the Contract.

    4.12 VAT

    If you are purchasing as a consumer for home use, then the prices stated on our Website for our Products are stated inclusive of VAT. In all other cases, the prices stated on our Website are exclusive of VAT which you must pay in addition at the same time as that price or other charge at the appropriate rate, we will provide you with an appropriate VAT invoice.

    4.13 Payment

    Payment of the price for any Products must be made with your Order, and received by us, before any Products will be supplied. If payment is not received, your Order may be rejected and cancelled by us at any time.

    4.14 Payment Methods

    You are required to use the payment methods specified on our Website and to provide the necessary information (e.g. cardholder name, card type, card number, start and expiry dates, security numbers and other authenticating information) required. You agree that we may use your payment information to charge your card and obtain your payment. This will normally occur automatically at the time of Order submission.

    4.15 Specification

    The Products will be as described on our Website and in Clause 3 of these Terms.

    4.16 General Termination Rights

    We or you may terminate a Contract for the supply of any Products if the other is in breach of the Contract, and fails to remedy the breach within 30 days of notice of the breach, or the other (or any partner or member of the other) becomes bankrupt, commences winding-up or liquidation, enters into administration, has receiver or administrative receiver appointed over any of its business or assets, or enters into any voluntary arrangement with all or a class of its creditors, or any similar event occurs in any jurisdiction applicable to the other.

  5. WARRANTIES AND OUR LIABILITY TO YOU

    6. 5.1 Liability Not Excluded or Limited

    We do not limit or exclude our liability to you: (1) for death or personal injury caused by negligence; (2) for fraud or fraudulent misrepresentation; or (3) under the Data Protection Act 1998 or the Privacy and Electronic Communications (EC Directive) Regulations 2003; or (4) any liability to the extent that such liability may not be limited or excluded by law.

    5.2 Consumers (Home Users)

    1. Support For Infections Present At Installation And Not Removed

      2. If you believe that the Product has failed to remove an infection that was present on the PC prior to installation of the Product you may report this to Prevx using the Technical Support feature from the Options menu of the Product console. Prevx will thereupon schedule a remote access PC session with you to access your PC to enable a Prevx support consultant to investigate the infection, and use reasonable endeavours to resolve it.

    2. Single License Refund Right If Infection Not Removed

      3. If you are a consumer (home user) and you purchase a single computer Product Software License Key (and not a Product Software License Key that covers multiple-computers), you may during the first 7 days of use request a refund in the event that the Product fails to remove an infection that was present on the PC prior to installation of the Product, and that Prevx support staff fail also to remove it after you have contacted them under Clause 5.2(b) above. Refunds will only be given in cases where you report the infection via the correct process, allow the Prevx support consultant access to your PC using remote diagnostic tools, and Prevx is unable to remove the infection. Refunds will be processed within 30 days of the date when the infection was first reported to Prevx.

    3. General Refund Policy For Unsatisfactory Products

      4. Subject to Clause 5.2(d), and subject to the claim procedure in this Clause, where you purchase any Products, Prevx agrees that it will refund a reasonable proportion of price paid by you for the Products and any Product Software License Keys, taking account any benefit you have received, if the Software License granted by us is not valid, or the Prevx Software (including the associated service provided by the Prevx Community Threat Database) is not of satisfactory quality. Please note that we do not promise that the Products (including the Prevx Community Threat Database) will detect all malicious software or websites, or that it will be free from bugs, errors or interruptions, and please note that there may be false positives from time to time. To make a claim, you must make your claim by no later than the end of the applicable Product Software License Key, you must notify us of your claim and your reasons for making a claim, and you must give us a reasonable opportunity to resolve the problem after we receive your notice, which may include, if we consider it required, scheduling a remote access PC session with you to enable a Prevx support consultant to investigate the problem.

    4. Statutory Rights not Affected

      5. If you are an individual, and you are using our Website, Content, purchasing our Products, or entering into any Contract with us as a consumer (i.e. for household domestic use and not business use), then these Terms do not affect your statutory rights as a consumer, where these cannot be limited or excluded by applicable law.

    5. Exclusion of Business Losses and Data Loss Caused by You

      6. Subject to Clause 5.1 above, we and our Associates shall not be liable to you for:-

      1. loss of profits, revenue, business data, contract, goodwill, business interruption, and any other losses related to a business, occupation or non-domestic activity; or
      2. loss or damage to your data or any computer system which you would not have suffered had you made reasonable backups of your data or that computer system.

    5.3 Businesses

    If you are not an individual (e.g. you are a company, corporate entity, partnership, firm, government authority, or other organisation) or you purchased the Prevx Software or any Software License Key as for the purposes of a business or occupation, or for or on behalf of a corporate entity, business, occupation, enterprise or organisation, then, subject to Clause 5.1 above, the following exclusions limitations of our and our Associates' liability shall apply (including relating to our Website , the Content, our Products and any Contracts and purchases of Products from us):-

    1. Use of Website and Content

      2. You use our Website and its Content at your own risk, and we and our Associates assume no duty of care to you and accept no liability whatsoever (including for negligence) to you with respect to our Website or the Content or any loss or damage you suffer arising from your use of or reliance on the same.

    2. General Refund Policy For Unsatisfactory Products

      3. Subject to the claim procedure in this Clause, where you purchase any Products, Prevx agrees that it will refund a reasonable proportion of price paid by you for the Products and any Product Software License Keys, taking account any benefit you have received, if the Software License granted by us is not valid, or the Prevx Software (including the associated service provided by the Prevx Community Threat Database) is not of satisfactory quality. Please note that we do not promise that the Products (including the Prevx Community Threat Database) will detect all malicious software or websites, or that it will be free from bugs, errors or interruptions, and please note that there may be false positives from time to time. To make a claim, you must make your claim by no later than the end of the applicable Product Software License Key, you must notify us of your claim and your reasons for making a claim, and you must give us a reasonable opportunity to resolve the problem after we receive your notice, which may include, if we consider it required, scheduling a remote access PC session with you to enable a Prevx support consultant to investigate the problem.

    3. Exclusion of Warranties

      4. Without prejudice to Clauses 5.1 and 5.3(b), our Website, the Content and our Products are provided to you 'as is' without warranty of any kind, and accordingly, to the maximum extent permitted by law, Prevx excludes all express and implied representations, conditions, terms or warranties (including, without limitation, any warranties or conditions implied by law of satisfactory quality, fitness for a particular purpose, the use of reasonable care and skill, merchantability and non-infringement) which apply to our Website, the Content, the Products or any Contract. Without prejudice to Clauses 5.1 and 5.3(b), Prevx does not warrant, guarantee or make any representations regarding the performance, use or results of the Products (including any associated services), their its correctness, accuracy, reliability, currentness or otherwise, and you assume the entire risk associated with your use of the Products. Prevx does not warrant the accuracy and completeness of the Content, and the Content may be or become out of date, and Prevx makes no commitment to update such Content. Without prejudice to Clauses 5.1 or 5.3(b), Prevx does not warrant or make any representation concerning security of the Website or that access to the Website will be uninterrupted. Prevx is not responsible for and will have no liability for any hardware, software, components, devices or other items or services provided by any person or entity other than Prevx or the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Website or any Product. Prevx has no responsibility or liability for the confidentiality, authenticity, accuracy or deletion of or failure to transmit or store any content displayed, transmitted or otherwise provided on or through the Website.

    4. Excluded Types of Loss

      5. Subject to Clause 5.1, we and our Associates shall have no liability to you for: loss of revenue, bargain, profit, contract, business, use (including use of money), production, reputation, fines or goodwill; any loss or damage related to business interruption; any loss, damage or corruption to your data or any computer system or attributable to your failure to make and retain reasonable back-ups of your data and computer systems; any special, indirect, punitive, incidental or consequential loss or damage; any costs of procuring substitutes for the Products; your liability to any third party; or any loss or damage suffered by any third party; any loss or damage resulting from your misuse of our Website, Content or Products; in each case whether or not we or our Associates or Affiliates have been advised of or have knowledge of the likelihood of your suffering the same.

    5. Limit on liability under Contract

      6. Subject to Clause 5.1, our and our Associates' total liability to you in relation to any Contract and any Products supplied under any Contract, in aggregate for all events giving rise to liability to you, is limited to an amount equal to the price paid by you for the Products (including any associated Product Software License Keys) We and our Associates shall have no liability to you at all with respect to the Website or any Content on the Website.

    5.4 Meaning of liability

    References in these Terms and any Contract to our and our Associates' liability are to our liability and that of our Associates to you under or in connection with our Website, the Content, our Products, and any Contract, including (without limitation) liability (whether contractual or non-contractual) for breach of contract, liability to make any payment under any term of the Contract, negligence, breach of statutory duty, accidental or negligent misrepresentation, strict liability, or any other liability we may have to you whatsoever and howsoever arising under any other legal or equitable theory. References to our "Associates" include our Affiliates, our directors, officers, employees, sub-contractors, agents and shareholders, and those of our Affiliates. For the avoidance of doubt, we shall have no obligation to compensate or refund you twice for the same loss or event, whether under this or under any other agreement, or under any other legal claim.

  6. FORCE MAJEURE

    7. We and our Affiliates shall not be liable to you for non-performance or late performance of any Contract to which these Terms, or any obligation in these Terms, due to any matter beyond our or our Affiliates reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our or our Affiliates' carriers, sub-contractors or suppliers, or the acts, omissions or delays of any third parties outside our or our Affiliates' control.

  7. GENERAL

    8. 7.1 Notices

    1. To Us

      2. Where you are to send us any notice, then you must send it to us either through the contact page on our Website, our email address published on our Website, or by post to 3 New Park Place, Pride Park, Derby, Derbyshire, DE24 8DZ, United Kingdom.

    2. To You

      3. Where we are to send any notice to you, we may send such notice to your postal or e-mail address you provided when purchasing any Products or registering for any account, as may be amended by you on the personal details section of our Website from time to time.

    3. Deemed Receipt

      4. All notices sent by e-mail or through our contact page will be deemed to have been received on receipt at the mail or web server of the intended recipient (or, when received on a UK national holiday or on a Saturday or a Sunday, on the next working day following the day of receipt). All notices sent by post within the UK will be deemed to have been received 3 working days after the date of posting, or if sent to or from outside of the UK, 7 working days after date of posting.

    7.2 Entire Agreement

    These Terms and the provisions of any Contract, together with the Privacy Policy and any applicable Product Software License are the whole agreement between you and Prevx concerning the subject matter of the same. You acknowledge that you have not entered into any Contract in reliance on any warranty or representation made by us (unless made fraudulently).

    7.3 No assignment

    You may not assign, transfer, charge, or declare a trust over the benefit of or any rights or licenses you may have under these Terms or any Contract, but without affecting any rights you may have to transfer a Product Software License under the terms of that Product Software License.

    7.4 Third Party Rights

    Except in relation to our Associates their rights, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms or any Contract, and no provision of these Terms or any Contract shall be for benefit of or be enforceable by any third party.

    7.5 Sub-Contracting

    We may sub-contract our obligations under these Terms and any Contract.

    7.6 Invalid Terms

    If any provision of these Terms or any Contract is held to be unenforceable, void or invalid, it shall be removed, but the remaining Terms and provisions of any Contract, as well as the Contract incorporating these Terms, shall continue in full force and effect.

    7.7 Waivers

    If you breach these Terms or any Contract, we may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights or enforcing these Terms or that Contract. If we do so, we shall still be entitled to insist on our rights and enforce these Terms or that Contract at any time, and any decision will not apply to any subsequent breach by you.

    7.8 Law and Jurisdiction

    These Terms, any Contract, all matters relating to your access to or use of our Website, and all contractual and non-contractual claims and disputes arising under or in connection with the same, shall be governed by the laws of England and Wales, and you hereby submit to the exclusive jurisdiction of the English and Welsh courts. You agree that we may enforce any Contract or Product Software License against you either in the English and Welsh courts or in any courts where you are domiciled or are using any Product.

    7.9 Changes to these Terms

    We may change these terms at any time by posting a revised version to our Website. If you continue to use our Website or obtain Products from us after the change, you are indicating that you accept the revised terms.