AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR AFTER ENTERING CORRESPONDING SYMBOL(-S) YOU HAVE THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.1. Software means software including any Updates and related materials.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means AO Kaspersky Lab, a company incorporated according to the laws of the Russian Federation.
1.3. Computer(s) means hardware(s), including servers, personal computers, laptops, workstations, personal digital assistants, ‘smart phones’, hand-held devices, or other electronic devices for which the Software was designed where the Software will be installed and/or used.
1.4. Standard version of the Software means free of charge version of the Software.
1.5. Extended version of the Software means version of the Software which functionality is available only after activation or key file installation.
1.6. Web-Portal means the Rightholder's web resource intended to manage the installed Software and the licenses acquired, as well as for the storage of information obtained from the Software, described in Clause 4.
1.7. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, "You" further means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term "organization", without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.8. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs, etc.
1.9. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
1.10. Grace period means a limited period of time, starting from the expiration of the period of effective use of the Software, during which the Software operates without changing the available functionality.
1.11. User Account means the personal section of the Web-Portal created using data provided by the User when registering at the Web-Portal. The User Account allows the User to gain access to the Web-Portal to carry out the actions listed under pt. 1.6.
2. Grant of License
2.1. You are granted a non-exclusive license to use the Software as part of the functionality described in the User Manual, provided that you comply with all technical requirements described in the User Manual, as well as with all the restrictions and conditions of use of the Software specified in this License Agreement.
Trial Version. If you use the trial version of the Extended version of the Software you may use it only for evaluation purposes and only for the single applicable evaluation period, starting from the date of use of the Extended version of the Software. Any use of the Extended version of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited.
2.2. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires 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.
2.3. You can transfer the non-exclusive license to use the Software to other individuals within the scope of the license granted by the Rightholder to You, provided that the recipient agrees to be bound by all the terms and conditions of this Agreement and to replace you in full in the license granted by the Rightholder. In case You fully transfer the rights granted from the Rightholder to use the Software You must destroy all copies of the Software, including the backup copy.
2.4. To use the Software you may need to connect the Software to Your User Account.
2.5. From the time of the Software installation You have the right to receive the following services from the Rightholder or Partners:
- Updates of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Any Updates that you may receive become part of the Software and the terms and conditions of this Agreement apply to them;
- Technical Support via the Internet and Technical Support telephone hotline;
- Access to information and auxiliary resources of the Rightholder.
3. Term and expiration
3.1. If the Software was acquired via the Internet, the Extended version of the Software can be used, upon your acceptance of this Agreement, for the period that was specified during acquisition or as specified in an additional agreement.
3.2. After expiration of the period of effective use of the Extended version of the Software the right may be granted to use the Software during the Grace period. Information about the length of the Grace period can be viewed via the means described in the User Manual.
3.3. After expiration of the period of effective use of the Extended version of the Software and the Grace period (if granted) functionality of the Extended version of the Software will be limited to functionality of the Standard version of the Software.
3.4. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License to use the Software without refunding the purchase price or any part thereof.
3.5. If You have acquired the Software with an activation code valid for the language localization of the Software of the region in which it was acquired from the Rightholder or its Partners, You cannot activate the Software by applying an activation code intended for another language localization.
3.6. In case of limitations specified in Clause 3.5 information about these limitations is stated on package and/or website of the Rightholder and/or its Partners.
3.7. Your License to Use the Software is limited to the period of time as specified in Clause 3.1 and may not exceed the term specified in clause 8.4; the remaining period can be viewed via the means described in the User Manual.
3.8. If You received the Software from the Rightholder for evaluation purposes, the period of use of the Software is indicated in the relevant section of the Web-Portal.
3.9. The period of use of the Standard version of the Software is not limited by the Rightholder.
4. Communication with the Web-portal and provision for information for Web-portal
4.1. The user can use the web portal and corresponding parameters described in the User Manual to obtain information from the Software to monitor the computer on which the Software is installed, as described in the User Manual. For access to the Web-portal, it is necessary to use Your User Account.
4.2. You agree that you may only use the actions described in paragraph 4.1 for lawful purposes.
4.3. The data described in Clause 4.1 as well as Your e-mail and other data provided by You in the registration process of Your User Account will be transferred to and then processed by the Rightholder’s trusted third party providers. The above mentioned third party providers may process this data in countries which have data protection standards that are less protective than the data protection standard in Your country of residence.
4.4. You are responsible for saving the confidential information of Your User Account.
4.5. You are responsible for any actions on the Web-Portal through Your User Account. You acknowledge and agree that the Rightholder has no liability for unauthorized use of Your User Account.
4.6. You acknowledge and agree that the Rightholder is not responsible for any delays and failures caused by the quality of the services provided by Your Internet or mobile provider.
5. Technical Support
5.1. The Technical Support described in Clause 2.5 of this Agreement is provided to You when the latest Update of the Software is installed in accordance with the Technical Support rules.
Technical support service and its rules are located at: http://support.kaspersky.com.
6. Information Collection
You agree to automatically provide the following information for the specified purposes:
6.1. In order to improve detection of new threats and their sources, identify potential intrusion threats, and improve the level of protection of the information stored and processed by the User on the computer:
- Information about applications run on the computer, including the hash sum (MD5) of the executable file and the number of file starts since the last time information was provided; the full path on the computer to the executable file; ID of a valid digital signature indicating one of the standard paths to the location of the executable file in the system
- Information about the scanned object, including the hash sum (MD5); the category to which the scanned object is assigned (according to the owner); the ID of the source of categorization; information about the vendor (vendor name) of the object; ID for receipt of information about the vendor; version of the file object
- Information about the version of the file categorization databases used by the Software and the database record ID used for scanning
- ID of the Software component that requested the object category
- Information about the scanned URL-address, including the URL-address itself; IP-address of the categorized host to which the URL-address is assigned; the set of categories to which the URL-address is assigned; version and ID of the component that requested the categorization; ID of the reason for the request
6.2. To improve the quality of the product:
- Version of the Updater component in use; task completion error code of the component if such error occurs; ID of the type of update task; status ID after updating the Software;
- Number of unsuccessful completions of the update task during the entire operating period of the Updater component and number of errors in checking the operability of the component.
6.3. To identify and correct errors related to the installation, removal, and updating of the product, and to track the number of users: information about the date the Software was installed on the computer and the duration of the installation, the Software’s locale, the name and type of the Software, the version ID of the Software settings, the identifier of the partner from which the license was purchased, the type of installation on the Computer (original installation, update, etc.) and a flag indicating successful installation or the installation error code, the Computer type ID, a flag indicating that the User has interrupted the Software installation, a flag indicating the User’s participation in the KSN, information about the operating system installed on the Computer (including the operating system’s name, type, and word size).
6.4. For all purposes mentioned above:
- The unique Software installation identifier;
- The full version of the installed Software;
- The type identifier of the installed Software;
- The unique identifier of the computer with the installed Software;
- Version and name of the operating system (OS) used on the Computer, including the version and name of installed OS updates.
6.5. Kaspersky Lab protects the information received in accordance with the law and Kaspersky Lab’s rules.
Kaspersky Lab uses the information received only in an anonymized form as part of aggregated statistics. These aggregated statistics are generated automatically from the original information received and do not contain personal information or any other confidential information. Initial information received is destroyed upon accumulation (once a year). General statistics are kept indefinitely.
6.6. You agree that the Software is configured to send memory dumps of the Software to the Rightholder.
Data recorded in memory dump files contain all information about the working memory of the processes of the product when the dump was created.
The function to automatically transfer dumps can be enabled and disabled while the Software is running.
In the event that you do not want memory dumps of the Software to be sent to the Rightholder, you should either not enable or disable the dump transfer setting as described in the User Manual.
7.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiverable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.
7.2. You shall not transfer the rights to use the Software to any third party except as set forth in additional Agreement.
7.3. You shall not provide the activation code to third parties or allow third parties access to the activation code which are deemed confidential data of Rightholder and you shall exercise reasonable care in protecting the activation code in confidence provided that you can transfer the activation code to third parties as set forth in additional agreement.
7.4. You shall not rent, lease or lend the Software to any third party.
7.5. The Rightholder has the right to block the license to use the Software in the event You breach any of the terms and conditions of this Agreement and without any refund to You.
7.6. You shall not use the Software with the purpose of executing illegal actions, including tracking and obtaining confidential information for use against a third party.
7.7. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.
8. Limited Warranty and Disclaimer
8.1. The Rightholder guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the User Manual provided however that such limited warranty shall not apply to the following: (w) Your Computer's deficiencies and related infringement for which Rightholder's expressly disclaims any warranty responsibility; (x) malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than Rightholder; or any other third parties' or Your actions or causes beyond Rightholder's reasonable control; (y) any defect not made known by You to Rightholder as soon as practical after the defect first appears; and (z) incompatibility caused by hardware and/or software components installed on Your Computer.
8.2. You acknowledge, accept and agree that no software is error free and You are advised to back-up the Computer, with frequency and reliability suitable for You.
8.3. You acknowledge, accept and agree that Rightholder is not responsible or liable for data deletion authorized by You. The mentioned data may include any personal or confidential information.
8.4. If a Software update includes substantial changes to the interface that apply to the collection and processing of User’s data, include changes in current license agreement, and also include substantial changes in the Software functionality, You have the right to refuse such updates and continue using the current version of the Software until expiration of its support according to rules on http://support.kaspersky.com.
8.5. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.
8.6. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.5 of this Agreement.
8.7. You acknowledge that the Software will be provisioned with Kaspersky standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.
8.8. THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
9. Exclusion and Limitation of Liability
9.1. THE RIGHTHOLDER AND/OR ITS PARTNERS ARE NOT LIABLE FOR ANY DAMAGE AND/OR LOSS (INCLUDING FOREGONE COMMERCIAL PROFIT, INTERRUPTION OF BUSINESS, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THE RIGHTHOLDER AND ITS PARTNERS WERE FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGE AND/OR LOSS BEING INCURRED. THESE LIMITATIONS MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
10. GNU and Other Third Party Licenses
10.1. The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code ("Open Source Software"). If such licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code should be made available by sending the request to email@example.com or the source code is supplied with the Software. If any Open Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open Source Software program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.
11. Intellectual Property Ownership
11.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software, are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its partners and that the Rightholder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the Russian Federation, European Union and the United States, as well as other countries and international treaties. This Agreement does not grant to You any rights to the intellectual property including any the Trademarks or Service Marks of the Rightholder and/or its partners ("Trademarks"). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner's name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Rightholder reserves all rights not expressly granted to you in this Agreement.
11.2. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.
12. Governing Law
12.1. Except as provided in Clauses 12.2 and 12.3 below, this Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Software, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Software in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and U.S. Virginia Islands. If you obtained the Software in the United States, Puerto Rico,
American Samoa, Guam or the U.S. Virgin Islands, the laws of the State of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Software in a member country of the EU, the laws of England.
f. Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administration Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Software in Japan, the laws of Japan.
j. Any Other Country or Territory. If you obtained the Software in any other country, the substantive laws of the country where the purchase took place would be in effect.
12.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Clause 12.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
12.3. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
12.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.
13. Period for Bringing Actions
13.1. No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
14. Entire Agreement; Severability; No Waiver
14.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof 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. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
15. Rightholder Contact Information
Should you have any questions concerning this Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Service Department at:
AO Kaspersky Lab, 39A/3, Leningradskoe Shosse
Web site: www.kaspersky.com
(C) 2016 AO Kaspersky Lab. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.