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 third-party applications running on the computer for which categorization is performed, including the category of the application being scanned in the Mac App Store, the name and version of the application, the name of the rightholder of the application, the hash sum (MD5) of the executable file and the number of file starts since the last time information was provided; the file name and 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); IDs of categories (according to the Rightholder) to which the scanned object is assigned; the ID of the source of categorization; information about the rightholder of the object; ID for receipt of such information; version of the file object, data indicating the basis on which the file was assigned a particular category;
- Information about the version of the file categorization databases used by the Software and the database record ID used for scanning;
- 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; the mask of the category that matched the URL-address.
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), identifiers of 3rd party applications, which offer to install their application together with the Software, as well as identifiers of the 3rd party applications which were installed with the Software.
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 Rightholder 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.