End User License Agreement for Kaspersky Small Office Security 5 for File Server

 

 

Kaspersky Small Office Security 5 (File Server)

 
 
 

End User License Agreement for Kaspersky Small Office Security 5 for File Server

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2016 Dec 01 ID: 12854
 
 
 
 

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, CANCEL THE INSTALLATION OF THE 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.

IF THE LICENSE CONTRACT IN ITS WRITTEN FORM OR THE LICENSE CERTIFICATE ACCOMPANIES THE SOFTWARE, THE TERMS OF THE SOFTWARE USE DEFINED IN THE LICENSE CONTRACT OR LICENSE CERTIFICATE PREVAILS OVER THE CURRENT END USER LICENSE AGREEMENT.


1. Definitions

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.

The on-line version of the User Manual is available on the Rightholder website: www.kaspersky.com and may be updated when necessary.

1.8. License Certificate means a document that is given to the User which is accompanied by a license key and activation code as well as further information about the license.

1.9. Web-Portal means services provided by the Rightholder and used for management of the installed Software and granted Licenses, as well as to obtain and/or store information obtained from the Software and for contacting technical support. As a Web resource, «Personal cabinet», «My Kaspersky» can be used. Any other Web resource that is used for the above purposes may also be used.


2. Grant of License

2.1. You are given a non-exclusive license to store, load, install, execute, and display (to "use") the Software on a specified number of Computers in order to assist in protecting Your Computer on which the Software is installed, from threats described in the User Manual, according to all technical requirements described in the User Manual and according to the terms and conditions of this Agreement (the "License") and you accept this License. Trial Version. If you have received, downloaded and/or installed a trial version of the Software and are hereby granted an evaluation license for the Software, you may use the Software only for evaluation purposes and only during the single applicable evaluation period, unless otherwise indicated, from the date of the initial installation. Any use of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited. Multiple-Environment Software; Multiple-Language Software; Dual-Media Software; Multiple Copies; Bundles. If you use different versions of the Software or different language editions of the Software, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total permitted number of your Computers on which all versions of the Software are installed shall correspond to the number of computers specified in licenses you have obtained from the Rightholder provided that, unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software on such number of Computer(s) as is specified in Clauses 2.2.

2.2. You have the right to use the Software for protection of such a number of Computer(s) as is specified on the License Certificate.

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 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. 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 install and/or use the Software. You also agree as the recipient of a transferred license that You do not have any additional or better rights than those of the original End User who acquired the Software from the Rightholder.

2.5. To use the Software you may need to register on the Web-Portal.

2.6. From the time of the Software activation or after license key file installation (with the exception of a trial version of the Software) You have the right to receive the following services from the Rightholder or its Partners for the period specified in the License Certificate:
- 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;
- Technical Support via the Internet and Technical Support telephone hotline;
- Access to information and auxiliary resources of the Rightholder.


3. Activation and Term

3.1. If You modify Your Computer or make changes to other vendors’ software installed on it, You may be required by the Rightholder to repeat activation of the Software or license key file installation, the count of which may be limited by Rightholder.

3.2. You have the right to use a trial version of the Software as provided in Clause 2.1 without any charge for the single applicable evaluation period (30 days) from the time of the Software activation according to this Agreement provided that the trial version does not entitle You Updates and Technical support via the Internet and Technical support telephone hotline. If Rightholder sets another duration for the single applicable evaluation period You will be informed via notification.

3.3. Your License to Use the Software is limited to the period of time as specified in the License Certificate, the remaining period can be viewed via means described in the User Manual.

3.4. Software functionality depends on the type of license being used, which is specified in the License Certificate. Software functionality corresponds to the description in the User Manual.

3.5. 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.

3.6. You agree that in using the Software and in using any report or information derived as a result of using this Software, you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law.

3.7. Except as otherwise specifically provided herein, you may not transfer or assign any of the rights granted to you under this Agreement or any of your obligations pursuant hereto.

3.8. The Rightholder reserves the right to limit the possibility of activation outside the region in which the Software was acquired from the Rightholder and/or its Partners.

3.9. 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.

3.10. In case of limitations specified in Clauses 3.8 and 3.9 information about these limitations is stated on the package and/or website of the Rightholder and/or its Partners.

3.11. To check the legitimacy of the Software use the Rightholder reserves the right to use means to verify that You have licensed copy of the Software. The Software can transmit Rightholder license information needed to verify the legitimacy of the Software use. If the check cannot be performed for a certain period of time specified in the User Manual, the Software will work with limited functionality.


4. Using the component Web Control for collecting data about user actions on the computer

4.1. In case of using the Software with enabled Web Control and set appropriate settings, the Software collects and saves in logs information about user actions performed on the Computer. Information content and the Web Control settings are described in the User Manual and on the Rightholder website: www.kaspersky.com.

4.2. You agree that actions described in Clause 4.1 can be used by You only for monitoring Users actions on the Computer.

4.3. You are solely responsible for maintaining the confidentiality of the information collected by the Software.

4.4. You agree that the Rightholder does not bear any liability for unauthorized use of the information obtained when using the Software.


5. Technical Support

5.1. The Technical Support described in Clause 2.6 of this Agreement is provided to You when the latest Update of the Software is installed (except for a trial version of the Software) in accordance with Technical Support rules. Technical Support service and its rules are located at: http://support.kaspersky.com.

5.2. User’s Data, specified on Personal Cabinet, can be used by Technical Support specialists only when processing User requests.

6. Using Kaspersky Small Office Security Management Center functionality

6.1. To use Kaspersky Small Office Security Management Center functionality, register your account on Web-Portal.

6.2. After registering your account and adding a license, you can use the portal as Kaspersky Small Office Security Management Center with the functionality described in the User Guide.


7. Information Collection

7.1. You agree to automatically provide the following information for the specified purposes:

7.1.1. To increase the level of operational protection, You agree to automatically provide information about the checksums of files processed (MD5, SHA256), identifiers of the versions of software configurations, information to determine the reputation of URL, (including the URL at which the reputation is being requested, the connection’s protocol identifier and the number of the port being used), the version and type of the Software, unique identifier of installation of the Software, information about the types of threats detected, the identifier of the detected threat in the threat database, the name of the threat according to the Rightholder’s classification, the identifier of the scan task that detected the threat, the checksum (MD5) of the emulation template and its size, the version of the emulator component, and its settings, as well as information about the digital certificates used and information necessary to verify their authenticity, including the checksums (SHA256) of the certificate used to sign the process file and the certificate's public key, the wireless network Security ID of the the computer connected at the moment of information collection, the checksums (MD5 and SHA256), the non-restorable hashsum of the MAC-address (BSSID) of the access point, the authentication type ID at the moment of connecting to the wireless network, the checksums (SHA256) of the combination of the unique identifier of the Computer, the unique Software installation identifier, BSSID and SSID, the list of the available wireless networks at the moment of information collection, DHCP settings, the domain name and the checksum (SHA256) of the path from the URL-address of the captive portal, security parameters values and WPS access points (Wi-Fi Protected Setup) settings.

7.1.2. To generate the most appropriate informational and advertising offerings, You agree to provide information about the Computer using the product’s license and its settings, including the word size, type, and version of the operating system installed on the Computer, the unique identifier of the Computer on which the Software is installed, the User’s unique identifier in the Rightholder’s services, the type, version, and locale of the installed Software, the Software installer’s identifier, information about the licensed being used (including the license type, duration, activation date and expiration date, license identifier, and information about the User’s purchase of the license, the current state of the license, the identifier of the sequence of the used licenses, the version of the communicating protocol with the activation service), information about the registration of the license and the Software’s connection to the Rightholder’s services. Additionally, the following information will be provided: information about the type of operation performed by the User with the indicated offering, the offering’s identifier, the identifier of the link in the offering, the date and time the offering was shown, the number of days until the license expires, and the number of days from the activation of the license until the offering was shown.

7.1.3. To improve the quality of the Software, as well as to generate the most appropriate informational and advertising offerings, You agree to provide with the following information:
- Information about the hardware constitutes the Computer, including information about the manufacturer, model, and size of the hard disk (HDD), the amount of physical, virtual, and available memory, the manufacturer and the model of the motherboard, the vendor and name of the BIOS, the model and the number of installed processor cores, the manufacturer and the model of the video card and the amount of video memory, the manufacturer and type of the network adapter, its data transmission speed, and the name and manufacturer of the monitor, the manufacturer and the model of the Computer, the manufacturer, model and type of the Computer case, a flag of the presence of the battery, the unique software installation identifier, and a unique computer identifier.
- Information about the devices connected to the Computer, including the class and model of the device, the manufacturer title, the date of the last connection to the Computer.
- Information about the devices maintaining the UPnP protocol, including the manufacturer title, model and name of the device, as well as the date of the last connection to the Computer.
- Information about system utilization, including amount of free and utilized memory, amount of the free storage space.
- Information about applications (including web-browsers installed on the Computer), the name and version, the version of the installed update, the vendor title, the date and the full installation path, settings of the application.
- Information about the operating system (OS) installed on the Computer and installed updates, including the name of the computer in the network (local and domain names), the operating system's regional settings (including information about the time zone, default keyboard layouts, and interface language), UAC settings, the operating system's firewall settings and a sign of the firewall activity, the operating system's parental control settings, the settings of Windows Update.
- The name and the location of applications installed on the Computer.
- Aggregate information on the User activity on the Computer, including the duration of the User's interaction with the Computer, the duration of the information aggregation, the total number of events during this period, as well as aggregated information about the processes in the system that are started by the User, including the process name, the total number of process runs, the total duration of their work, the checksum (CRC64) of the account name the process was started from, the full path to the process file, information about the application the process belongs to (name, description, manufacturer and version), the total number of times when the application window was activated and the total duration of its display, the statistical parameters of the application window title, including the localization language and distribution of words in the title.
- Information about web sites visited, including the domain name of the URL-addresses entered by the User into the browser address bar, or opened by the User from search results, the type of the web site opened by the User, the total number of visits to the web site and the total duration of work with the web site, the statistical parameters of the web site, including the localization language and distribution of words in the content.
- Information about the use of the product’s user interface, including the time of the User’s interaction with the interface, identifiers of used control elements and the type of the user’s interaction with the interface.

7.1.4. To identify and correct errors related to the installation, removal, and updating of the product, and to track the number of users, You agree to provide information about the date the Software was installed and activated on the computer, the duration of the Software installation task, the Software installation task result ID, the Software installation task ID, the premium version of the installed Software (including the version of the installed Software update), the Software’s locale, the name and type of the Software, the type of license installed and its duration, the identifier of the partner from which the license was purchased, the serial number of the license, the type of installation on the Computer (original installation, update, etc.) and a flag indicating successful installation or the installation error code, unique software installation id, the type and id of application to be update, the update task id, 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, the unique Software installation identifier, the duration of the Software installation, a flag indicating that the installation was interrupted by the User, the identifier of the Software update campaign.

7.1.5. In order to improve security awareness about new threats and their sources and in order to improve Your security protection level and the product’s operation, the Rightholder, with your consent that has been explicitly confirmed in the Kaspersky Security Network Data Collection Statement, is expressly entitled to receive such information. You can deactivate the Kaspersky Security Network service during installation. Also, You can activate and deactivate the Kaspersky Security Network service at any time in the Software settings window.

You further acknowledge and agree that any information gathered by Rightholder can be used to track and publish reports on security risk trends in the Rightholder’s sole and exclusive discretion.

The Software does not process any personally identifiable data and does not combine the processed data with any personal information.

If you do not wish for the information collected by the Software to be sent to the Rightholder, You should not activate and/or de-activate, the Kaspersky Security Network service.

7.2. To improve the quality of user protection during online payment transactions, you agree to automatically provide to financial website the information about the name and version of the Software and the customization settings of the Software, the ID of the status of the Software plug-in in the browser used to access the financial website, and the ID of secure or standard browser usage.

7.3. If you decide to use the backup feature of the Software, you can choose between internal and external resources to be used for the backup. External resources can be for example USB drives, FTP servers as well as (third party) cloud storage services. Please note that backups you transfer to these storage resources cannot be encrypted by the Software. It is therefore your responsibility to properly safeguard this backup data during transmission and storage.


8. Limitations

8.1. 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.

8.2. You shall not transfer the rights to use the Software to any third party except as set forth in Clause 2.5 of this Agreement.

8.3. You shall not provide the activation code and/or license key file to third parties or allow third parties access to the activation code and/or license key, which are deemed confidential data of Rightholder and you shall exercise reasonable care in protecting the activation code and/or license key in confidence provided that you can transfer the activation code and/or license key to third parties as set forth in Clause 2.5 of this Agreement. Keep the activation code in a safe place until the expiration of the license.

8.4. You shall not rent, lease or lend the Software to any third party.

8.5. 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.

8.6. 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.

8.7. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Clause 4 of this Agreement and You do not have the right to transfer the license or the rights to use the Software to any third party.


9. Limited Warranty and Disclaimer

9.1 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.

9.2. 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.

9.3. 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.

9.4. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.6 of this Agreement.

9.5. The Rightholder does not guarantee protection from the threats described in the User Manual after the expiration of the period specified in Clauses 3.2 or 3.3 of this Agreement or after the License to use the Software is terminated for any reason.

9.6. 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.

9.7. 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.


10. Exclusion and Limitation of Liability

10.1. 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.

 

11. GNU and Other Third-Party Licenses

11.1. 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 source@kaspersky.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.


12. Intellectual Property Ownership

12.1. 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.

12.2. 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.


13. Governing Law; Arbitration

13.1. This Agreement will be governed by and construed in accordance with the laws of the Russian Federation without reference to conflicts of law rules and principles. 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. Any dispute arising out of the interpretation or application of the terms of this Agreement or any breach thereof shall, unless it is settled by direct negotiation, be settled by in the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry in Moscow, the Russian Federation. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this Section 13 shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.


14. Period for Bringing Actions

14.1. 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.


15. Entire Agreement; Severability; No Waiver

15.1. 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.


16. 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

E-mail: info@kaspersky.com

Web site: www.kaspersky.com


© 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.

 
 
 
 
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