Quick Heal AntiVirus Pro End-User License Agreement
PLEASE READ THIS QUICK HEAL ANTIVIRUS PRO END-USER LICENSE
AGREEMENT (HEREINAFTER REFERRED TO AS THE “AGREEMENT”)
CAREFULLY BEFORE USING OR TRYING TO ATTEMPT TO USE THIS QUICK
HEAL ANTIVIRUS PRO SOFTWARE (HEREINAFTER REFERRED TO AS THE
BY USING THIS SOFTWARE OR BY ACCEPTING OUR SOFTWARE USAGE
AGREEMENT POLICY OR ATTEMPTING TO LOAD THE SOFTWARE IN ANY
WAY, (SUCH ACTION WILL CONSTITUTE A SYMBOL OF YOUR CONSENT AND
SIGNATURE), YOU ACKNOWLEDGE AND ADMIT THAT YOU HAVE READ,
UNDERSTOOD AND AGREED TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. THIS AGREEMENT ONCE ACCEPTED BY “YOU” [AS AN
INDIVIDUAL (ASSUMING YOU ARE HAVING LEGAL CAPACITY TO ENTER INTO
AN AGREEMENT), OR THE COMPANY OR ANY LEGAL ENTITY THAT WILL BE
USING THE SOFTWARE (HEREINAFTER REFERRED TO AS 'YOU' OR 'YOUR'
FOR THE SAKE OF BREVITY)] SHALL BE A LEGALLY ENFORCEABLE
AGREEMENT BETWEEN YOU AND QUICK HEAL TECHNOLOGIES LIMITED,
PUNE, INDIA (HEREINAFTER REFERRED TO AS “QUICK HEAL”). YOU SHALL
HAVE THE RIGHTS TO USE THE SOFTWARE FOR YOUR OWN USE SUBJECT
TO THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT OR AS
AMENDED BY QUICK HEAL FROM TIME TO TIME. IF YOU DO NOT AGREE TO
ALL THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS SOFTWARE IN
ANY WAY AND PROMPTLY RETURN IT OR DELETE ALL THE COPIES OF THIS
SOFTWARE IN YOUR POSSESSION.
In consideration of payment of the License Fee, evidenced by the Payment Receipt,
Quick Heal grants You, a non-exclusive and non-transferable right for your own use
only. Quick Heal reserves all rights not expressly granted, and retains the Intellectual
Property Rights, Proprietary Rights, title and ownership of the software, including all
subsequent copies in any media. This software and the enclosed documents are the
property of Quick Heal and are copyrighted. Copying of the software or the enclosed
documents is expressly forbidden.
License Fees paid to Quick Heal is considered only towards a non-exclusive and
non-transferable right to use “Quick Heal AntiVirus Pro” Software. Other add-on
applications such as “Updates”, “Upgrades”, “(RDM) Web portal” are provided free of
You may also use the Remote Device Management (RDM) web portal offered by
Quick Heal free of cost to manage your computing devices as long as your Quick
Heal license for the device is valid. As mentioned in the Quick Heal License
acceptance of the terms and conditions at the time of signing up for RDM web portal.
"Distributors” means the authorized distributors, sub-distributors of Quick
Heal, selling Quick Heal range of products, including sales through Internet.
“License period” means the period as more particularly described in this
“Device” means the personal digital assistants, computers, smartphones,
handheld devices, or other electronic devices for which the software is
specifically designed (for which, system requirements have been described
particularly in the user manual or on our website www.quickheal.com) on
which the software will be installed and/or used.
“Normal working hours” shall mean 09:30 a.m. to 6:30 p.m. India
Standard Time (IST) on working days and "Working Days" means Mondays
to Fridays inclusive, but excluding bank and public holidays in India.
“Support” means the Technical Assistance in order to use the software,
provided by Quick Heal, which may or may not be chargeable to you. For
more details, please refer to www.quickheal.com.
“Updates” means collections of any or all virus definition files including
detections and solutions for new viruses along with the corrections,
improvements or modifications to the software.
“Upgrades” means any correction, improvement, modification or yearly
enhancements in the form of the new version of the software, which Quick
Heal generally releases.
“User Manual” means the user guide, Help guide, and other documentation
provided with the software, updated agreements provided on the website of
Quick Heal (www.quickheal.com), explanatory or other materials as
provided from time to time by Quick Heal.
“You” means the “End User” which means:
i. An individual (such an individual) installing/using/legally acquiring the
right to use this software on his/her own behalf and every other person
(whether authorized or not by such an individual) who uses/has the
possession of the device on which the software is installed and
ii. An organization (including but not limited to a partnership, joint venture,
Limited Liability partnership, Limited Liability Company, Company of any
nature, Trust, Governmental Authority, Unincorporated Organization,
Association of Persons) or any person (such person) who have been
authorized by such an organization to download, install, use the
software, accept the Agreement on behalf of the organization and every
other person (whether authorized or not by such person) who uses/has
the possession of the Device on which the software is installed and
Do's & Don'ts
i. Make copy of the software for backup purpose or for the purpose of
sharing through various means (and such backup copy must be
destroyed when you lose the right to use the software or is terminated
for any other reason according to the legislation in force in the country
of your principal residence or in the country where you are using the
software) and replace lost, destroyed, or becomes unusable.
ii. Use one copy of the software on a single computer. In case of multiuser
pack, use the software only on the said number of systems as
iii. Install the software on a network, provided you have a licensed copy of
the software for each computer that can access the software over that
i. Emulate or adapt any portion of the software.
ii. Sublicense, rent, or lease any portion of the software.
iii. Try making an attempt to reveal/discover the source code of the
iv. Debug, decompile, disassemble, modify, translate, or reverse engineer
v. Create derivative works based on the software or any portion thereof
with sole exception of a non-waivable right granted to you by any
vi. Remove or alter any copyright notices or other proprietary notices or
statutory notices on any copies of the software.
vii. Reduce any part of the software to human readable form.
viii.Use the software in the creation of data or software used for detection,
blocking or treating threats described in the user manual.
ix. Use for unlicensed and illegal purpose.
Quick Heal warns you that in the process of installation of the software, the
other security products/software installed on your computer may get
uninstalled or be disabled if the same are not compatible with the Quick
Heal software. Quick Heal expressly disclaims any loss of data, loss of
profits during such installation. If you modify your device or make
alterations/modifications to other vendors’ software installed on it, you may
be required to repeat activation of the software or installation of license key
file or may need to contact Quick Heal support for help. Quick Heal reserves
the right to verify the validity/legality of the license and software.
The license rights granted under this Agreement are limited for the first
twenty (20) days after you first install the product unless you supply
registration information required to activate your licensed copy as described
in the Activation Wizard of the Product.
You can activate the product through the Internet or SMS (Applicable to
users in India only); toll charges may apply. You may also need to
reactivate the product if you happen to re-install the product due to any
reasons. There are technological measures in this product that are
designed to prevent unlicensed or illegal use of the product. You agree that
we may use those measures. You agree that the Quick Heal software may
use the measures that can control and prevent piracy of software.
License Terms & Conditions
You are entitled to use this software from the date of purchase/license
activation date till the end of the period for which the license is purchased.
You understand, agree, and accept that you are entitled for the updates via
Internet and technical support via the telephone for the duration of the
You agree and understand that any unauthorized usage of this software or
breach of any or all terms and conditions stated in the Agreement shall
result in automatic and immediate termination of this Agreement as granted
hereunder. Further, this may result in criminal and/or civil action by Quick
Heal and/or its agents against you including but not limited to the right to
block the key file/license key/product key without any prior intimation/notice
to you. No refund will be paid to you in this regard.
You agree, accept, and acknowledge:
i. That you are solely responsible for the configuration of the software,
settings, and the actions or inactions that result from such actions and
Quick Heal shall not have and shall assume no liability/responsibility in
any case and the Clause of Indemnification shall be applicable.
ii. That Quick Heal shall not have and shall assume no
liability/responsibility for any data deletion, including but not limited to
any deletion/loss of personal, and/or confidential data; and/or
uninstallation of third-party apps; and/or change in settings; specifically
authorized by you or occurs due to the actions, inactions (whether
intentional or not) by you or any third party whom you have authorized
to use, handle your device due to features of this software.
iii. That to avail/use certain features of the software such as updates and
upgrades, you may be required to incur certain costs and that Quick
Heal does not warrant that the usage of certain features of the software
are free of cost and that Quick Heal shall not entertain and expressly
disclaims, any claim for reimbursement of any expenses including but
not limited to any direct or incidental expenses arising out of your usage
of such features of this software.
iv. That you are solely responsible and shall comply with all applicable
laws, regulations of India and any applicable foreign/trans-national laws
including without limitation, privacy, data protection, obscenity,
confidentiality, copyright laws for using any report, data, information
derived as a result of using this software.
v. That while using this software, Quick Heal suggests some actions to be
initiated by you in your sole benefit, for example “Quick Heal software
may suggest you to uninstall infected applications”, however such
actions are suggestive and Quick Heal takes no responsibility/liability if
you perform such suggestive actions or not and Quick Heal assumes no
responsibility/liability for any result or liability arising out of such
Quick Heal offers free technical support to assist you in the usage of this software,
for example, Live Chat with technical support team. The technical support team may,
at your discretion, take remote access of your computer. The availing of this support
will be solely at your discretion and you are solely responsible to take backup of the
existing data/software/programs in your device before availing such a support and
you are liable to bear all the direct, indirect, and consequential cost associated to it.
Quick Heal will not be held responsible for any loss of data, any kind of
direct/indirect/consequential loss or damage to data/property arising during this
entire process. If at any point of time the Technical Support team is of the opinion
that it is beyond their scope, it will be the sole discretion of Quick Heal to suspend,
cease, terminate, or refuse such support as Quick Heal does not claim any warranty
and/or guarantee of any kind in providing the support feature.
Once you register the software by activating the software, Quick Heal may
communicate with you on the contact information submitted during the registration
process through email or any other electronic communication device. The
communication can be for the purpose of product renewal or product verification for
Quick Heal Updates & Upgrades
As a registered user, you are entitled to receive virus database updates and version
upgrade as and when released free of cost during the license period, subject to the
terms and conditions mentioned herein.
Quick Heal software may collect the following information which may or may not
contain any personally identifiable information either with or without your
discretion/permission solely for statistical purpose or enhancing and evaluating the
ability, effectiveness, and performance of Quick Heal's product in identifying and/or
detecting the malicious behavioral pattern, inherently fraudulent websites and other
Internet security threats/risks. The information may be used to provide quick and
better technical support to the legitimate customers.
Password entered by the end users during registration is not stored on Quick Heal
server. This information will not be correlated with any personally identifiable
information except as herein stated and shall include, but not limited to:
Any type of executable files which the software may identify having a
potentially malware behavioural pattern.
Any type of information relating to the status of the software.
Any type of URLs of websites visited that the software deems inherently and
Any type of information that software deems potentially fraudulent, posing
Any type of information for identifying the Media Access Control (MAC)
address of the computer on which the software has been installed.
Any type of information for identifying the Internet Protocol (IP) address and
information required for effective license administration and enhancing
product functionality and usability.
You admit that the information/data as collected above can be used for
analyzing, preventing and detecting the potential Internet security risks,
publishing any type of data/reports/presentations on the trends collected,
sharing the data to create awareness with any organizations, vendors.
You expressly understand, admit, agree, and warrant that in no event shall
Quick Heal and/or any of its directors, employees, agents, partners,
distributors be liable from any and against all claims, expenses, suits, costs,
demands, judgments whatsoever made by you and/or any third party for
any direct, indirect, incidental, special, punitive, consequential and/or
exemplary damages including, but not limited to damages for loss of
business/profits, damages for loss of confidential/other information, failure
to meet any statutory duty/duty of reasonable care/duty in good faith,
economic/notional loss, loss for business interruption, goodwill, damage and
loss of data or programs, or other intangible losses (even if Quick Heal has
been advised of the possibility of such damages), to the fullest extent
permissible by law:
i. Arising due to your usage of this software;
ii. Your negligence or inability of using the software or support;
iii. Any dispute between you and third party with respect to availing this
iv. Your violation of any rights of any other individual and/or entity;
v. Your breach of the Agreement;
vi. Your violation of any provisions under any laws/statutes/acts in India or
vii. The failure of Quick Heal to provide support service or any other
This limitation will apply to all causes of action whether arise in equity or
tort, including but not limited to breach of contract, breach of warranty,
negligence, strict liability, misrepresentations and hereby release Quick
Heal and/or its directors, employees, agents, distributors from any and all
obligations, liabilities in excess of the limitation stated herein.
In the event, Quick Heal and/or its directors, agents, employees, distributors
are found liable, you understand and accept that the liability of Quick Heal
and/or its directors, agents, employees, distributors shall be limited only up
to and not exceed in any case the License Fee incurred by you in acquiring
the software from Quick Heal or its distributors/agents. This Clause shall
survive the termination of this Agreement.
Limited Warranty and Disclaimers
As the only warranty under this Agreement, and in the case of accident,
abuse or misapplication, Quick Heal warrants to the original Licensee only,
that the disk(s) on which the software is recorded is free from defects in the
materials and workmanship under normal use and service for a period of
thirty (30) days from the date of payment as evidenced by a copy of the
payment receipt. Quick Heal's only obligation under this Agreement is, at
Quick Heal's option, to either (a) return payment as evidenced by a copy of
the receipt or (b) replace the disk that does not meet Quick Heal's limited
warranty and which is returned to Quick Heal with the copy of the receipt.
Page 7 of 10
Note: This media warranty does not apply to customers who have
downloaded the Quick Heal software online though Quick Heal or its partner
This software provided by Quick Heal is “AS IS” and “AS AVAILABLE”
without warranty of any kind, expressed or implied, including but not limited
to the implied warranties of merchantability, fitness, usage, performance,
satisfactory quality, integration, applicability for a particular use and any
other warranties are disclaimed to the fullest extent permissible pursuant to
the applicable law.
Quick Heal warrants that the Licensed Software, as delivered by Quick Heal
will conform to the descriptions in the user manual. However, Quick Heal
does not offer any warranty regarding the performance of software and shall
not entertain any claim regarding the same. QUICK HEAL MAKES NO
WARRANTIES OR CLAIMS THAT THE LICENSED A. SOFTWARE, OR
UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE
OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES,
AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED.
You understand and accept that this software will substantially perform
according to the specifications and descriptions as stated in the user
manual, as updated from time to time, subject to the following and Quick
Heal expressly disclaims any and all liabilities arising from the following
i. Incompatibility caused by any software and/or hardware components
installed on your device;
ii. Any actions initiated by you or by third parties which were beyond the
control of Quick Heal;
iii. Any failures, malfunctions, defects resulting from abuse, improper
installation, theft, misuse, accident, operation or maintenance, acts of
God, alteration, power failures, casualty, repairs made by any party
other than Quick Heal, alterations, neglect, non-permitted modifications,
acts of terrorism, and vandalism;
iv. The deficiencies, defects in your device and related infringements;
v. Your violations of the terms and conditions described in the user
manual or in this Agreement.
vi. Inability of Quick Heal support service to provide uninterrupted support,
in a timely manner, or inability to meet any or all of your support
Third-Party Website Links
This Software may include links to the third-party websites; you may redirect
to such third-party websites as the user of this software. The third-party
sites are not under the control of Quick Heal and Quick Heal is not
responsible for the content of any third-party websites and/or any links
contained in the third-party websites. Quick Heal is providing these links to
the third-party websites to you only for your convenience and Quick Heal is
not responsible for any kind of loss/ damage arising out of it and the access
to or any other act on such third party links shall be entirely at your risk.
The software, source code, activation code, license keys, documentation, systems,
ideas, information, content, design, and other matters related to the software and
trademarks are the sole proprietary and intellectual property rights of Quick Heal
protected under the Intellectual Property Laws and belongs to Quick Heal. Subject to
certain terms mentioned in respective open source license where used by Quick
Heal, nothing contained in this Agreement grants you or is intended to grant you any
rights, title, interest to intellectual property, including without limitation any error
corrections, enhancements, updates, or modifications to this software whether made
by Quick Heal or any third party. You understand and acknowledge that you are
provided with a license to use this software subject to the terms and conditions of
This Software may include certain third party components which are governed by the
license agreements executed between Quick Heal and the respective third party
owners. [The third party components licensed under terms of the certain agreement
requires Quick Heal to disclose that Intellectual Property rights and ownership rights
shall remain with Quick Heal and/or its technology licensing partners respectively.
Even if such third party components are governed by respective
agreements/contracts, the disclaimers and the limitations shall apply as mentioned in
All the title, ownership and all rights including Intellectual Property rights of the Third
Party shall rest with the concerned Third Party only and the User shall also be liable
to comply with their License Terms. Where applicable, such third party will be
beneficiary of this EULA.
Force Majeure. Quick Heal will not be liable for any delay or failure to fulfil
its obligations hereunder that results from an act of God, war, civil
disturbance, government policies, or other cause/s beyond its control.
Provided that Quick Heal shall endeavour to complete the obligation within
a reasonable period after happening of any event as covered under such
Legal Jurisdiction. This agreement and any matter relating thereto shall be
subject only to jurisdiction of the Courts at Pune, India and shall be
interpreted as per the terms of the law/s for the time being in force in India.
Any dispute which may arise out of this Agreement, breach of terms and
conditions under this Agreement, shall be settled by direct negotiations
between you and Quick Heal. In the case of failure to resolve the dispute in
the manner set out above within 30 days from the date when the dispute
arose, the dispute shall be referred to any arbitrators appointed by Quick
Heal. The venue of arbitration shall be Pune. The arbitration proceedings
shall be governed by the Arbitration and Conciliation Act, 1996 and Indian
Laws and shall be conducted in the English language. The arbitrators shall
also decide on the costs of the arbitration proceedings. To the extent
possible, after the commencement of any arbitral proceedings, the parties
thus engaged shall continue to perform their respective obligations under
this Agreement. The provisions of this Clause shall survive termination of
this Agreement. Subject to the provisions of this Clause, the Courts in Pune,
India shall have exclusive jurisdiction and the parties may pursue any
remedy available to them at law or equity.
Complete Agreement. This Agreement comprises the entire agreement
between the parties regarding the subject matter, and supersedes any
proposals, communications or advertising, oral or written, with respect to the
software or subject matter of this Agreement. You shall be bound by any
and all clauses of the Agreement updated and displayed on the website of
Quick Heal at www.quickheal.com/eula from time to time. The Agreement
displayed on the website will be the finally concluded and binding
agreement between you and Quick Heal for all legal purposes which include
your each activation, reactivation, and renewal of this software. In case of
any dispute/queries arising out of any translated versions of this Agreement,
Quick Heal hereby expressly specifies and confirms that the English version
as displayed on the website will be final for interpretation and the terms
used, meaning conveyed in the English version will be authoritative and
binding. Any waiver by either party of any violation of any provision of this
Agreement by the other party will not be deemed to waive any other
violation of the same or any other provision.
Severability. If any of the provisions contained in this Agreement is found
by a court of competent jurisdiction to be invalid, illegal, or unenforceable in
any respect, the validity, legality, or enforceability of the remaining
provisions contained herein shall not be in any way affected or impaired
thereby and the balance of the Agreement will continue in full force and
effect to the maximum extent permitted by law or equity while preserving, to
the fullest extent possible, its original intent.
Survival. The Clauses in this Agreement including not limited to rights to
License Fees, “Indemnification”, “Limited Warranties & Disclaimers” and
“Intellectual Property” shall survive expiration or termination of this
Subject to certain terms mentioned in respective open source license where
used by Quick Heal, You cannot assign your rights or delegate duties or
obligations under this Agreement. The failure to exercise or delay in
exercising a right or remedy by Quick Heal under this Agreement shall not
constitute a waiver of the right or remedy or a waiver of any prior,
concurrent or subsequent right or remedy.
The section numbers and headings are included merely for the convenience
of the parties and are not to be construed in interpreting this Agreement.
Quick Heal reserves the right to amend this End-User License Agreement
from time to time and will keep updated on its website at
www.quickheal.com/eula and it would be binding on the end users. This is
an essence of the agreement and use of this software.
Quick Heal reserves the right to co-operate with any legal process and may
provide documents, information related to your usage of this software and
your general usage of the device.
Third-Party Licenses and OSS Licenses
The software product may include certain components, developed and owned
by the following third parties, which are governed by license agreements
executed between Quick Heal and the respective third party owners.
Additional restrictions applicable under the Open Source Software license, as
well as third party software license agreement, which are not specifically
mentioned in this EULA, will be applicable.
This software may also include some software programs, codes, and content
that are licensed or sublicensed to the user under the open source software
The software programs, code, and content that Quick Heal may use in its
software may fall in any of the following OSS licenses. Quick Heal may
update this list from time to time.
GNU General Public License (GNU GPL or GPL)
Open Vulnerability and Assessment Language (OVAL®) License