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Download Sophos Anti-Rootkit for free to detect and eliminate rootkits that may be hidden on your computer. Please read our End-User Licence Agreement for the Anti-Rootkit Tool before accepting its terms and conditions.
Please read carefully the following legally binding End-User Licence Agreement between Sophos and You for the Software defined below. By choosing the "I accept the licensing terms" option or clicking the accept option, breaking the seal on the software package or installing, copying or otherwise using this Software You acknowledge that You have read, understand, and agree to be bound by the terms of this End-User Licence Agreement. If You do not agree with the terms of this End-User Licence Agreement, select the "No, I do not accept the licensing terms" option or click the button that indicates that You do not agree to its terms and do not install the Software or, if You have received the Software, promptly return it and the accompanying items (including ANY written materials and packaging) to Your supplier together with proof of purchase for a full refund. If you do not agree with any of the terms or conditions of this End-User Licence Agreement, you are not authorised to use the Software for any purpose whatsoever. Also, by installing, copying or otherwise using Updates and/or Upgrades from Sophos You agree to be bound by any additional licence terms that accompany such Updates and/or Upgrades. If You do not agree to the additional licence terms that accompany such Updates and/or Upgrades, You may not install, copy or use such Updates and/or Upgrades. A printable version of this agreement is available on the Sophos website which you may wish to print for your records.
'Documentation' means any documentation made available to You by Sophos (whether electronic or printed) which accompanies the Licensed Product.
'Fee' means any sums payable by You in respect of a licence to use the Licensed Product for the Term.
'Licence Agreement' means this agreement.
'Licence Term' means the licence term set out in Clause 6 of this Licence Agreement.
'Licensed Product' means the Sophos Anti-Rootkit tool.
'Software' means any program or data file supplied to You by Sophos or its resellers, distributors or dealers, including the Licensed Product and any Upgrades, or Updates supplied to You.
'Sophos' means Sophos Plc as licensor and/or its subsidiaries, or, as the context so applies, any of them.
'Start Date' means the date the Licensed Product is provided to You.
'Upgrade' means any enhancement or improvement to the functionality of the Licensed Product made available to You by Sophos at its sole discretion from time to time but excluding any software and/or updates marketed and licensed by Sophos as a new version or new release of the Licensed Product.
'You' means the Licensee and 'Your' means belonging to You or engaged by You or otherwise pertaining to You as the context so allows, whether on a temporary basis or otherwise.
2.1 Once You have paid the Fee, You do not own the Software. The Software is the exclusive property of Sophos and its licensors. Further, You hereby acknowledge and agree that the right, title and interest in any modifications made by You to the Software or Documentation, as provided for below in this Licence Agreement, is retained by Sophos. The Software and the Documentation are proprietary products of Sophos and its licensors and are protected throughout the world by copyright and other intellectual property rights. No licence, right or interest in Sophos's logos, or trademarks is granted to You under this Licence Agreement and You hereby agree not to remove any product identification or notices of proprietary restrictions.
In consideration of the payment of the Fee by You and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Sophos hereby grants to You a non-exclusive right to use the Licensed Product for the Licence Term subject to the following provisions.
3.1 You are permitted to:
3.1.1 use the Licensed Product for Your internal business purpose, relating specifically to the removal of malware, files and/or unwanted applications from computers and servers within Your organisation ("Your Internal Business Purpose");
3.1.2 make one copy of the Licensed Product or any part thereof for backup purposes provided that You reproduce Sophos's proprietary notices on any such backup copy of the Licensed Product;
3.1.3 use, copy, reproduce in whole or in part, adapt and modify the Documentation for Your Internal Business Purpose only.
3.2 You are not permitted to:
3.2.1 use the Licensed Product to remove any software owned or distributed by Sophos;
3.2.2 use the Licensed Product for the provision of any service for the benefit of third parties unless You first acquire an application service provider licence from Sophos;
3.2.2 modify or translate the Licensed Product except (i) as necessary to configure the Licensed Product using the menus, options and tools provided for such purposes and contained in the Software; and (ii) in relation to the Documentation, except as necessary to produce and adapt manuals and/or other documentation for Your Internal Business Purpose;
3.2.3 reverse engineer, disassemble or decompile the Licensed Product or any portion thereof except to the extent and for the express purposes authorised by applicable law;
3.2.4 transmit or provide access to the Licensed Product;
3.2.5 use Software other than the Licensed Product;
3.2.6 sub-license, rent, sell, lease, distribute or otherwise transfer the Licensed Product save as provided under this Licence Agreement unless You obtain a separate licence from Sophos for such purposes (for example, You may not embed the Licensed Product into another application and then distribute such to third parties unless You first acquire an OEM licence from Sophos); and/or
3.2.7 use the Licensed Product in or in association with safety critical applications such as, without limitation, medical systems, transport management systems, vehicle and power generation applications including but not limited to nuclear power applications.
4.1 SOPHOS MAKES NO WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN RELATION TO THE SOFTWARE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTIONS. WITHOUT LIMITATION TO THE FOREGOING, SOPHOS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
4.2 SOPHOS DOES NOT REPRESENT THAT YOU ARE ENTITLED TO REMOVE ANY THIRD PARTY APPLICATIONS AND DISCLAIMS LIABILITY FOR ANY RECOMMENDATIONS MADE BY SOPHOS, ITS EMPLOYEES AND SUB-CONTRACTORS IN CONNECTION WITH YOUR USE OF THE LICENSED PRODUCT.
4.3 YOU SHALL FULLY AND EFFECTIVELY INDEMNIFY SOPHOS FOR ANY CLAIM, ACTION, PROCEEDING, LIABILITY OR EXPENSE SUFFERED BY SOPHOS AS A RESULT OF YOUR USE OF THE LICENSED PRODUCT.
5.1 YOU USE THE SOFTWARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOPHOS BE LIABLE TO YOU OR TO THOSE CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT, INCLUDING NEGLIGENCE, EVEN IF SOPHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS LICENCE AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND SOPHOS BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE FEE PAID BY YOU FOR THE SOFTWARE.
This Licence Agreement is effective from the Start Date and shall remain in force indefinitely unless and until Sophos gives notice that the licence is no longer effective by posting details on its website URL: www.sophos.com. Your obligations under this Licence Agreement in respect of the intellectual property and confidential information of Sophos shall survive any expiry or termination of this Licence Agreement.
If You do not choose to share with and/or submit data to Sophos, this Clause 7 does not apply to You.
If You choose to share data with Sophos and/or submit files as a result of use of the Licensed Product, such data may contain user-identifiable data and by submitting such data to Sophos You agree that Sophos may use any such data for its business purposes and You represent to Sophos that You have obtained all necessary permissions to share such data with Sophos. You acknowledge that Sophos may disclose such data if required to do so by law.
If You are an agency or other part of the U.S. Government, the Software and the Documentation are commercial computer software and commercial computer software documentation and their use, duplication and disclosure are subject to the terms of this Licence Agreement per FAR 12.212 or DFARS 227.7202-3.
You hereby agree that You will use, disclose and/or transport the Product in accordance with any applicable export control laws and regulations and that You are solely responsible for fulfilling any applicable governmental requirements in connection with Your use, disclosure and/or transport of the Product. You agree to indemnify and hold Sophos harmless from and against any claim, loss, liability or damage suffered or incurred by Sophos resulting from or related to Your violation of this paragraph.
You may terminate this Licence Agreement at any time by destroying the Software and all copies of it. This Licence Agreement and Your rights under it will also terminate immediately if: (i) You fail to pay the Fee in accordance with the agreed payment terms; or (ii) You fail to comply with any of the terms and conditions of this Licence Agreement; or (iii) if You take or suffer any action on account of debt or are insolvent. On termination of this Licence Agreement, You must destroy the Software and all copies of it. Within one month after the date of termination of this Licence Agreement, You must supply written certification to Sophos of the destruction by You of the Software and all copies of all or any part of it.
11.1 The Software may include confidential information that is secret and valuable to Sophos and its licensors. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this Licence Agreement. Sophos reserves the right to disclose details of the Licence Agreement to third parties for publicity and promotional purposes and:-
11.1.1 You expressly give Sophos permission to include and publish Your name and logo on lists of Sophos's customers for the Licensed Product; and
11.1.2 You agree that Sophos may send emails to You to provide information and goods and services to You and to let You know about other goods and services in which You may be interested.
11.1.3 If You do not wish to give Sophos permission under 11.1.1 and/or 11.1.2, You must notify Sophos by the date no later than seven days after the Licence Start Date specifying which permission is not granted.
11.2 Notwithstanding the foregoing, Sophos will only process personal information in accordance with the provisions of the Data Protection Act 1998.
12.1 Any reseller, distributor or dealer from whom You may have purchased the Licensed Product is not appointed or authorised by Sophos as its servant or agent. No such person has any authority, either express or implied, to enter into any contract or provide You with any representation, warranty or guarantee with or to You or to translate or modify this Licence Agreement in any way on behalf of Sophos or otherwise to bind Sophos in any way whatsoever.
12.2 You agree that Sophos may use any technical information provided by You for its business purposes, including without limitation for product support and development.
12.3 You agree to pay the Fee in full in accordance with an invoice from Sophos, or an authorised reseller, distributor, or dealer, if applicable. The Fee is, unless otherwise stated, exclusive of any federal, state, municipal or other governmental taxes, duties, licenses, fees, excises or tariffs. You agree to pay such taxes or, in lieu thereof, to provide an exemption certificate acceptable to Sophos and the applicable authority. Invoices may provide for interest to be paid on any sums not remitted by the due date.
12.4 You shall permit Sophos or an independent certified accountant appointed by Sophos access on written notice to Your premises and Your books of account and records at any time during normal business hours for the purpose of inspecting, auditing, verifying or monitoring the manner and performance of Your obligations under this Licence Agreement including without limitation the payment of all applicable licence fees. Sophos shall not be able to exercise this right more than once in each calendar year. If an audit reveals that You have underpaid fees to Sophos, You shall be invoiced for and shall pay to Sophos within 30 days of the date of invoice an amount equal to the shortfall between the fees due and those paid by You. If the amount of the underpayment exceeds 5% of the fees due or the audit reveals a violation of any licence restrictions pursuant to this Licence Agreement then, without prejudice to Sophos's other rights and remedies, You shall also pay Sophos's reasonable costs of conducting the audit.
11.5 Sophos may amend the terms and conditions of this Licence Agreement at any time by reasonable notice, including without limitation by posting revised terms on its website at the URL www.sophos.com/legal, which amended terms and conditions shall be binding upon You.
11.6 Failure by Sophos to enforce any particular term of this Licence Agreement shall not be construed as a waiver of any of its rights under it.
11.7 The illegality, invalidity or unenforceability of any part of this Licence Agreement will not affect the legality, validity or enforceability of the remainder.
11.8 This Licence Agreement constitutes the entire agreement between the parties in relation to the Licensed Product and its licensing and supersedes any other oral or written communications, agreements or representations with respect to the Licensed Product.
11.9 The construction, validity and performance of this Licence Agreement shall be governed by and submitted to the laws of England and Wales and the non-exclusive jurisdiction of the courts of England and Wales. Notwithstanding the foregoing, Sophos shall have the right to seek injunctive, or similar, relief in any courts of competent jurisdiction.
Any notices required to be given in writing to Sophos or any questions concerning this End-User Licence Agreement should be addressed to The Company Secretary, Sophos Plc, The Pentagon, Abingdon, OX14 3YP, United Kingdom.