Namo AV - Free Antivirus 1.1

EULA - End User License Agreement

This NAMO AV End User License Agreement and Terms of Use (“Terms”) is a legal agreement between you individually, or if you are authorized to acquire Namo AV software on behalf of your company or another organization, between the entity for whose benefit you act (in both instances, “you” or “yours”) and Namo AV (“we,” “us,” “our,” or “Namo AV”). If you reside outside the United States and Canada, note the additional terms in Section 13 which apply to you.
BY ACCEPTING THESE TERMS, YOU CONFIRM THAT YOU ARE LAWFULLY ABLE TO ENTER INTO AND FORM CONTRACTS BASED ON THE APPLICABLE LAW IN YOUR JURISDICTION. BY USING OUR PRODUCT, CLICKING THE “I AGREE”, “ACCEPT” OR “YES” BUTTON, LOADING THE PRODUCT OR OTHERWISE INDICATING ASSENT, YOU ARE AGREEING TO THESE TERMS, AND ANY RELATED TERMS AND CONDITIONS (AS EXPLAINED BELOW), WHICH WILL BECOME A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND NAMO AV. PLEASE READ THESE TERMS AND ANY APPLICABLE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND BOTH DOCUMENTS BEFORE YOU AGREE TO THEM.
The “Standard Terms and Conditions of Business of Namo AV” is available on www.namoav.com (“Terms and Conditions”), which may apply to our product and apply in addition to, and supplement the provisions of, these Terms. If the Terms and Conditions apply to our product, in the case of a conflict between these Terms and the Terms and Conditions, the terms of our Terms and Conditions shall govern. Some of our product may come with additional product information (“product Information Sheet”) and/or written materials, in printed or electronic form, describing the features of a particular product and/or Update or Upgrade (as defined below) that are designed to help you effectively use a particular product, Update or Upgrade (“Documentation”). Any additional terms described in the product Information Sheet will become part of these Terms. Any other materials and Documentation are for reference purposes only, do not constitute a representation and/or warranty and shall not be binding on either you or us.
• PRIVACY AND COLLECTION OF PERSONAL INFORMATION
When you accept these Terms, you also agree that our privacy policy then-existing at www.namoav.com applies to you.
We may collect, retain, and use specific data about you, your Device (as defined below) and your Device’s interactions with other Devices (for example, Device ID, Device Internet Protocol (“IP”) address, location, content, language preferences, Device IMEI code, Device brand and model, battery status, version of Device operating system, Device phone number, SIM number, network provider name, memory status, geo-information based on GPS/WIFI/Network location and any other technical information needed to provide our product to you properly). Some of this information may include information that can be used to identify you, including without limitation, name, address, phone number, e-mail address, social security number, 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. We also may transfer your Personal Data to other countries where we or our product providers have facilities.
The data we collect is used to provide, deliver, and support a particular product and to inform you about Upgrades, new and existing product, 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.
By using our product and accepting these Terms, you agree to the collection, transfer, backup, and storage of your Personal Data and other data by us and our product providers. We will not process this information other than in accordance with our privacy policy available at www.namoav.com. You also agree that we and our product providers may copy, backup and store such data (including Personal Data) in the United States, Europe, or other countries or jurisdictions outside your own as part of our product.
• OWNERSHIP RIGHTS, LICENSE GRANT & USE RESTRICTIONS
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 product including important information with respect to your ability to download and use a particular product on numerous 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.
• License: means your right to use a respective product subject to these Terms and the Terms and Conditions existing as of the date you are bound by the respective Terms and Terms and Conditions. The License shall stipulate the nature and scope of your right to use a particular product. For Licenses that include access to an Update and/or Upgrade Service, such License also grants you the right to receive and use Updates and/or Upgrades during the License Term for a respective product. To be clear, if a License does not include access to an Update and/or Upgrade Service you may only use the version of the product, for which you have paid, for the respective License Term.
• License Term: with respect to some of our product, the License Term commences as soon as you have received access to the respective product (for example, via a software key). With respect to some of our other product, the License Term commences as soon as you create an account, install, access or use such product. The License Term continues for the period we grant you a License for a respective product and any extension and/or renewal of this period of time.
product Lifecycle: Our product have a specific product lifecycle (“product Lifecycle”) that governs the operating system on which a particular product will be compatible and how long we will support such a product. A particular product may be incompatible with an operating system unless identified in the product Lifecycle or once the support period for such operating system has expired. Our product Lifecycle is published on www.namoav.com and we encourage you to check it prior to purchasing or renewing a particular product to ensure compatibility with your operating system.
License Grant: The product is protected by international copyright laws, treaties and other laws. We, and our licensors, own and retain all right, title and interest in and to the product, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. These Terms and the Terms and Conditions do not transfer to you any title to or in the product and you do not acquire any rights to the any of the product except as specified below. Conditioned on your continued compliance with these Terms and respective Terms and Conditions, we grant you a personal, revocable, limited, non-exclusive, non-transferable license for the product for the duration of the License Term to activate, use and access the product for personal or business purposes as expressly permitted in the respective product Information Sheet. For product for which no special Licenses for the simultaneous saving, storing and other simultaneous use of the product across numerous Devices (“Multiple Use”) are available according to the relevant product Information Sheet, the License is restricted to a single copy of the respective product. In such a case, if you change the Device on which you are using or have installed a respective product, you must delete any applicable software from the Device and reinstall it on your new Device. For product whose product Information Sheet provides for special Licenses for Multiple Use, Multiple Use shall be permissible only if, and to the extent that, you purchased and were granted the relevant type or number of Licenses by us.
Updates and Upgrades: We may provide enhancements, modifications, revisions and/or new versions of a particular product in form of an update or upgrade (“Update” and “Upgrade” respectively, the classification of which shall occur according to our sole discretion) free of charge or against payment in different frequencies and intervals (each and all an “Update and/or Upgrade Service”). If and when we provide Updates and/or Upgrades, you must download and install such Updates and/or Upgrades in order to obtain maximum benefit from the product. Moreover, if you do not use the most recent version of the product, the functionality of the product may be reduced or impaired in whole or in part. You agree that particular Updates and/or Upgrades may be automatically installed with or without user interaction.
License Restrictions: The License granted to you is limited. To further clarify what we meant in Section 1 above, you may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the product or any component thereof in any manner not expressly permitted by these Terms. In addition, you may not, or cause any third party to do so, (a) modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels or (b) license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the product in any manner not expressly permitted in these Terms and the Terms and Conditions.
You may not remove any proprietary notices, serial numbers, labels or copy protection features from any of our product. You cannot use any of our product 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 PRODUCT 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 product. 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 product 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
You agree to defend, indemnify and hold Namo AV, its affiliates, subsidiaries, directors, officers, employees, agents, business partners and licensors 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 product; (b) your use of our product in violation of these Terms; or (c) your violation of any rights of a third party.
• TECHNICAL SUPPORT
With respect to some of our product, at our sole discretion, we may offer technical support as fully detailed at www.namoav.com/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 PRODUCT
We are constantly improving and changing our product. 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 PRODUCT
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.
However, you reserve full rights to stop using this product at any time.
• WARRANTIES AND DISCLAIMERS
We have built this software for free usage and do not seek any financial profit. We are not offering any warranty along with this software.
We also expressly disclaim the following:
• This Software is no way linked or supported by either BJP or any of its leaders
• Innovazion Inc. is an independent body of fans of Shri Narendra Modi. It’s product does not have any relation or tie up with BJP or any of it its leaders.
• Copy of this is also available as an open source on request.
• 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 10 AND 11 SHALL APPLY TO ANY USER AND AUTHORIZED RESELLER, AS APPLICABLE, OF OUR PRODUCT AND SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
• ADDITIONAL INFORMATION ABOUT THESE TERMS
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. All claims arising out of or relating to these Terms or the product will be litigated exclusively in the Delhi Court 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 product. 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 product and be eligible for a refund, as applicable.
A breach, whether threatened or actual, of these Terms will cause us irreparable injury and such injury may not be quantifiable in monetary damages and we would not have adequate remedy at law. As such, we are entitled, in addition to all other available remedies, to seek and be awarded an injunction or other appropriate equitable relief for any breach of these Terms, whether threatened or actual.
These Terms or your use of our product does not create a joint venture, partnership, employment or agency relationship with us.