ANTIVIRUS RESELLER AGREEMENT
BACKGROUND
AVG Technologies, Inc. has rights to distribute a family of virus protection software products known as " Antivirus Software." Company is in
the business of . Company, on the terms and conditions of this Agreement, intends to provide copies of the Software to
Companys customers for such customers internal use. AVG Technologies, Inc., on the terms and conditions set forth in this Agreement, has agreed to
permit Company to reproduce and distribute the Software to its customers. NOW THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties hereby
agree as follows:
1. GRANT; RELATED PROVISIONS
a. Grant. AVG Technologies, Inc., subject to the terms and conditions of this Agreement, hereby grants Company a nonexclusive, nontransferable right
and license during the term of this Agreement to distribute the Software to individuals and companies solely for use within the
Territory as defined below (each an "End User") for such End Users internal use and not for resale, and to reproduce the
Software as necessary to deliver the same to such End Users. While acting under this agreement, Company has a right to use the
"Authorized Anti-Virus Reseller" logo. The "Territory", for these purposes means the following countries: United States of
America
b. Procedure. Company acknowledges that, in order to activate any copy of the Software, Company or the End User must
obtain a unique license number from AVG Technologies, Inc. in accordance with the procedures then-currently established on vendor website or such other Internet site as AVG Technologies, Inc. may specify from time to time by written notice (the
" Reseller Center").
c. End-User Licenses. Company acknowledges that each End User is required to accept AVG Technologies, Inc.s then-current End User License
Agreement before its first use of the Software. Company agrees that it shall either (i) refrain from clicking the "Accept" button on
installation of the Software for use by an End User, (ii) obtain the End Users separate agreement to abide by and be bound by
the terms of AVG Technologies, Inc.s then-current End User License Agreement or (iii) indemnify AVG Technologies, Inc. against all costs, expenses, losses and
liabilities arising from Companys failure to perform under subsection (i) or (ii) of this Section 1.c. Company shall sell AVG Technologies, Inc. products in
accordance with the AVG Technologies, Inc. standard license agreement (and shall honor AVG Technologies, Inc.s standard 60 day money back guarantee).
2. PRICES; PAYMENT
a. Price list. In exchange for the rights granted by this Agreement, Company will pay the license fees, minimum order amounts,
shipping and handling charges and other fees and charges, and shall enjoy the discounts and credits, if any, established by AVG Technologies, Inc.s
then-current Price List as published in the Reseller Center. AVG Technologies, Inc. in its sole discretion may make changes to such Price List
from time to time by posting the revised Retail Price List at http://www.-antivirus.net at least thirty (30) days before the revised
Price List takes effect. Orders placed prior to the effective date of the Price List revisions will be honored at the lower of the revised
Price List or the Price List then in effect.
b. Payment. Company shall pay license fees and all other applicable fees and charges by credit card, check or wire transfer
(provided that the wire charges are paid by Company and each wire transfer references the Reseller Account Number set forth in the
header of this Agreement). AVG Technologies, Inc. shall have no obligation to deliver product or licenses before it receives payment in full in
accordance with this section.
c. Taxes. Company shall pay directly all income, franchise, sales, use, personal property, ad valorem, value added, stampor other
taxes, levies, customs, duties or other imposts or fees, including withheld taxes (except only a tax levied by the United States of
America or any political subdivision thereof based on the net income of AVG Technologies, Inc.), together with all penalties, fines and interest thereon
that in any way arise out of this Agreement, whether on or measured by the price, the charges, the programs or the services
furnished, or their use, however designated, levied or based (collectively a "Tax").
3. TERM; TERMINATION
a. Term. The term of this Agreement will commence on the date Company submits this agreement to AVG Technologies, Inc.(the "Effective Date"), and
will continue until terminated in accordance with this Section 3.
b. Termination for Convenience. Either party may terminate this Agreement for convenience on thirty (30) days prior written notice.
In addition, AVG Technologies, Inc., without notice, may suspend this Agreement and Companys access to the -antivirus.net reseller site. As of the
date of this Agreement, AVG Technologies, Inc. policy permits AVG Technologies, Inc. to suspend this Agreement if Company fails to submit at least one order in any
three month period. In the event of suspension pursuant to this Section 3.b, Company may contact AVG Technologies, Inc. for reinstatement in
accordance with AVG Technologies, Inc.s then-current policies.
c. Termination for Cause. Either party may terminate this Agreement for cause if the other party breaches any of its obligations
under this Agreement and fails to remedy such breach within thirty (30) days after the first party gives written notice thereof.
d. Immediate Termination by AVG Technologies, Inc.. AVG Technologies, Inc. may terminate this Agreement, effective immediately, if Company breaches any of its
obligations under Section 1.of this Agreement.
4. OWNERSHIP; RESTRICTIONS
a. Ownership. Company hereby acknowledges that all patents, copyrights, trade secret rights and other intellectual property rights
embodied in the Software are and at all times shall remain the sole and exclusive property of or s licensors.
Company shall reproduce the applicable copyright notices, confidential or proprietary legends and trademarks on each copy of the
Software that Company creates pursuant to this Agreement. The existence of a copyright notice shall not cause, or be
construed as causing, any of the Software to be anything other than a copyrighted work with all rights reserved under the
applicable copyright laws.
b. Further Limitations. Company shall not, and shall not permit or cause any third party to, reverse engineer, disassemble,
decompile or otherwise decode by any method any of the Software in whole or in part for any purpose whatsoever. Company
shall not, and shall not permit or cause any third party, to update, upgrade, modify or revise the Software. Nothing in this
Agreement shall be construed to grant Company any rights with respect to the source code version of the Software.
c. Confidentiality. All information (except for public information) disclosed by AVG Technologies, Inc. to Company under this Agreement is considered
confidential. Such information may be used only for performance under this Agreement but may not be copied or reproduced unless
such copying or reproduction is a requirement for using such information. Any and all confidential information remains the property of
AVG Technologies, Inc. with Company being obligated to return to AVG Technologies, Inc. all copies and reproductions no later than the date of termination of this
Agreement. Company is obligated to ensure that all confidential information is secure with all persons to whom such information will
have been disclosed or otherwise communicated up to the time such information becomes public.
5. WARRANTIES
a. By . represents and warrants to Company that AVG Technologies, Inc. has sufficient rights in and to the Software to grant the
rights contemplated by this Agreement without obtaining the consent of any other person, and the Software does not infringe
any U.S. copyright, U.S. patent or other U.S. intellectual property right. AVG Technologies, Inc. EXPRESSLY DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (x) ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, (y) ALL
WARRANTIES THAT THE SOFTWARE WILL MEET THE REQUIREMENTS OF COMPANY OR ANY END USER OR
OPERATE IN ANY COMBINATION SELECTED BY COMPANY OR ANY END USER, AND (z) ALL WARRANTIES THAT THE
SOFTWARE WILL BE BUG-FREE OR OPERATE ERROR-FREE.
b. By Company. Company represents and warrants to AVG Technologies, Inc. that Company will make no representation, warranty, claim or promise
to any party relating to the Software except as AVG Technologies, Inc. has expressly authorized in writing.
6. LIMITATION OF LIABILITY
a. AVG Technologies, Inc.s liability to Company or to any third party, in tort, contract or otherwise, for claims, losses, damages or injuries arising out of
or relating to this Agreement will be limited to the License Fee paid by Company in respect of the copy or copies of Software
giving rise thereto. IN NO EVENT SHALL AVG Technologies, Inc. BE LIABLE TO COMPANY OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL
OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL OR SPECIAL DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF WORK
PRODUCT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, DIRECT OR INDIRECT, EVEN IF AVG Technologies, Inc. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Companys sole and exclusive remedy for any damage or loss in any way connected with the Software, whether or not
caused by AVG Technologies, Inc.s breach of warranty, negligence or any breach of any other duty, shall, at AVG Technologies, Inc.s option, be replacement of the
affected copies of the Software. Any replacement of the Software shall be effected by AVG Technologies, Inc. free of charge.
7. MISCELLANEOUS
a. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed
to have been duly given when delivered in person or, if mailed, when mailed by the appropriate postal service, postage prepaid, to
the parties at the addresses first set forth above or at such other address as may be given in writing by either party to the other in
accordance with this Section 7.a.
b. Choice of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of North Carolina
without reference to conflicts of laws principles.
c. Entire Agreement; Amendment. This Agreement constitutes the entire understanding between the parties relating to the subject
matter of this Agreement and supersedes all prior writings, negotiations or understandings with respect thereto. Without limiting the
foregoing, this Agreement shall not be amended or supplemented by the preprinted terms or conditions on any purchase order,
acknowledgment or other business form employed by either party. No modification or addition to this Agreement shall have any effect
unless it is set forth in writing and signed by both parties.
d. Assignment. Neither party may assign its rights or obligations hereunder or subcontract any portion of its performance hereunder
without the other partys prior written consent. Notwithstanding the above, AVG Technologies, Inc. without Customers consent may assign its rights or
delegate its duties hereunder in whole or in part to any AVG Technologies, Inc. affiliate or subsidiary, to a purchaser of substantially all of AVG Technologies, Inc.s stock,
or to a purchaser of substantially all of AVG Technologies, Inc.s assets to which this Agreement relates.
e. Waiver. The waiver by either party of a breach of any provision of this Agreement shall not be construed as a continuing waiver of
such breach or as a waiver of other breaches of the same or of other provisions of this Agreement. IN WITNESS WHEREOF, the
parties hereto have executed this Agreement as of the effective date.