KASPERSKY LAB END USER LICENSE AGREEMENT
IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THE SOFTWARE.
BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR BY ENTERING CORRESPONDING SYMBOL(-S) YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION IS A SYMBOL OF YOUR SIGNATURE AND YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE AND DO NOT INSTALL THE SOFTWARE.
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, including personal computers, laptops, workstations, personal digital assistants, "smart phones", handheld devices, or other electronic devices for which the Software was designed where the Software will be installed and/or used.
1.4. 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.
1.5. Partner(s) means organizations or individual(s) who distribute the Software based on an agreement and license with the Rightholder.
1.6. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs, etc.
1.7. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
2. Grant of License
2.1. The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, and display ("to use") the free of charge Software that will substantially perform within the scope of functionality described in the User Manual.
2.2. The use of Software does not guarantee the elimination of the identified threats.
2.3. 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.
2.4. You can transfer the non-exclusive license to use the Software to other individuals within the scope of the license granted from the Rightholder to You provided that You pass the Computer where the Software is installed to the recipient who agrees to be bound by all the terms and conditions of this Agreement and substitute You in full in the license granted from 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 included. If You are a recipient of a transferred license You must agree to abide by all the terms and conditions of this Agreement. If You do not agree to be bound by all the terms and conditions of this Agreement, You may not use the Software. You also agree as the recipient of a transferred license that You do not have any additional or better rights than what the original End User who acquired the Software from the Rightholder did.
2.5. From the time of the Software installation You have the right to receive the following services:
- Updates of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Аny Updates that you may receive become part of the Software and the terms and conditions of this Agreement apply to them;
- Access to information and auxiliary resources of the Rightholder.
3. Activation and Term
3.1. The Software can be used upon your acceptance of this Agreement.
3.2. After expiration of the period of use the Software may be automatically deactivated or continue with limited functionality.
3.3. 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.
4. Technical Support
4.1. No Technical Support is provided.
4.2. Product consulting is available at http://forum.kaspersky.com according to the rules of the Forum.
4.3. Unassisted search for information related to Software is available at http://support.kaspersky.com/faq/search.
5. Information Collection
5.1. In order to improve security awareness about new threats and their sources and in order to improve Your security protection level and to improve the information protection level You agree to automatically transfer the information below:
- Information about your computer hardware and software, including operating system and service packs installed, kernel objects, drivers, services, Internet Explorer extensions, printing extensions, Windows Explorer extensions, downloaded program files, active setup elements, control panel applets, host and registry records, browser types and e-mail clients that are generally not personally identifiable;
- Information about the status of your computer's antivirus protection and data on any objects or activities suspected of being malware (e.g., the object's checksum (MD5 and SHA2-256), detected object name, date/time of detection, names/paths and size of infected files, part or hash of IP and port of network attack, list of malware actions and potentially malicious URLs) and product and user decisions about them. Please note that the above-referenced processed data does not contain personally identifiable information.
- Information about applications downloaded by the user (URL, attributes, file size, information about process that initiated download);
- Information about applications and their modules run by the user (size, attributes, date created, information about PE headers, region, name, location, and compression utilities used);
- Information about errors and usage of the user interface of the Kaspersky Lab product installed on your computer;
- Information about the Anti-virus database used by the Software, the statistical data about updates and connections with Rightholder’s services;
- The actual time spent checking the object by the Software’s components.
5.2. Also files for which the risks of use by an intruder with the goal of harming the Computer, may be sent to Kaspersky Lab in full or in parts for additional checks. The obtained information is protected by the Rightholder in accordance with statutory requirements.
5.3. To improve the quality of the product, the User agrees to provide the following information to the Rightholder:
- Information about the version of the operating system (OS) installed on the computer, service packs installed, the date of installation, version and language localization of the Software, the unique installation ID on the computer, the version ID of the software settings.
- Information about the use of the product user interface, including data about open windows in the interface (IDs, window names, control elements used, etc.), switches between windows, data determining the reason for opening a window, the date and time of starting the interface and its start-up phases, the time and type of user interaction with the interface, data on changes in the product settings and parameters (including the name of the setting or parameter, their old and new values).
- Information about computer security scans, including signs of automatic start-up and successful completion of scans, the scan progress icon, the type, duration and outcome of scans, the number of malicious objects detected, the number of problems in the OS setup or MS Internet Explorer settings detected, the name and status of installed anti-virus and anti-spyware software, and firewalls.
- Information on the status of computer protection, including the protection status code.
- Version of the Updater component, number of crashes of the Updater component while running update tasks over the lifetime of the component.
- ID of the update task type, number of failed Updater attempts to complete update tasks, ID of the update error.
5.4. For the purpose of obtaining statistics on the prevalence of the Software, the User agrees to provide information to the Rightholder about the installation of the Software on the computer, including the user ID and the computer ID, the ID of the installation action (installation, uninstallation, installation error), the ID of the software type, the build of the software installer, the full version and language localization of the Software, the service ID of the method of sending information about the installation.
5.5. To receive feedback, the User agrees to provide information to the Rightholder about the Software and use of the Feedback window, including the name, version and language localization of the Software, the date of installation and version ID of the software settings, the number of displays of the Feedback window, evaluation of the Software and user comments.
5.6. The Software does not process any personally identifiable data and does not combine the processed data with any personal information. 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.
5.7. The above data is processed and stored in a limited and protected partition on the user's computer until sending. These data cannot be recovered after sending or uninstall the software.
5.8. For early detection and correction of errors that can occur when installing, uninstalling or updating the Software, the User agrees to provide information about the Software to Adobe Analytics, including the name, version and localization of the Software, the ID of the software settings, the ID of the Installation window, the error code if such occurs during installation of the Software, information about the action selected by the User in the Installation window.
The channel used to forward data to Adobe Analytics is not secure.
Access to information and its protection is governed by the relevant terms of service of Adobe Analytics.
6.1. You agree that the Software is provided with an enabled automatic update option which provides automatic downloading and installation of improvements, fixes, enhancements and/or modifications of the Software and its components, including new versions of the Software. This option can be switched off in the Software settings.
6.2. 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.
6.3. You shall not transfer the rights to use the Software to any third party except as set forth in Clause 2.4 of this Agreement.
6.4. You shall not rent, lease or lend the Software to any third party.
6.5. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
7. Limited Warranty and Disclaimer
7.1. 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.
7.2. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.
7.3. 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.
7.4. 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.
7.5. 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.
7.6. 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, NON-INFRINGEMENT 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 OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
8. Exclusion and Limitation of Liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
9. GNU and Other Third-Party Licenses
9.1. 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.
10. Intellectual Property Ownership
10.1. 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 You any rights to the intellectual property, including any 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.
10.2. 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.
11. Governing Law; Arbitration
11.1. Except as provided in Clauses 11.2 and 11.3 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
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.
11.2. 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 11.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
11.3. 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. Period for Bringing Actions
12.1. 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.
13. Entire Agreement; Severability; No Waiver
13.1. 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 the 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.
14. 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
Moscow, 125212 Russian Federation
Web site: www.kaspersky.com
© 2015 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.