Concerning to Kaspersky Anti-Virus 5.6 for ISA Server 2004/2006 Standard Edition
Notice to all users: carefully read the following legal agreement (“agreement”), for the licence of Kaspersky Anti-Virus 5.6 for Microsoft ISA Server 2004/2006 standard edition (“software”) produced by Kaspersky lab (“Kaspersky Lab”).
If you have purchased this software via internet by clicking the Accept button, you (either an individual or a single entity) consent to be bound by and become a party to this agreement. If you do not agree to all of the terms of this agreement, click the button that indicates that you do not accept the terms of this agreement and do not install the software.
If you have purchased this software on a physical medium, having broken the CD’s sleeve you (either an individual or a single entity) are consenting to be bound by this agreement. If you do not agree to all of the terms of this agreement do not break the CD’S sleeve, download, install or use this software.
In accordance with the legislation, regarding Kaspersky software intended for individual consumers purchased online from the Kaspersky Lab or its partner’s internet web site, customer shall have a period of fourteen (14) working days as from the delivery of product to make return of it to the merchant for exchange or refund, provided the software is not unsealed.
Regarding the Kaspersky software intended for individual consumers not purchased online via internet, this software neither will be returned nor exchanged except for contrary provisions from the partner who sells the product. in this case, Kaspersky lab will not be held by the partner's clauses.
The right to return and refund extends only to the original purchaser.
1 Licence Grant. Subject to the payment of the applicable licence fees, and subject to the terms and conditions of this Agreement, Kaspersky Lab hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the “Documentation”) for the term of this Agreement solely for your own internal business purposes.
1.1 Use. The number of computers that User may protect by Software is specified in the License Key File and indicated in window “Service”. The Software may not be used to protect any networks with more than this number of file servers.
1.1.1 The Software is “in use” on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. This licence authorizes you to make only as many back-up copies of the Software as are necessary for its lawful use and solely for back-up purposes, provided that all such copies contain all of the Software’s proprietary notices. You will maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorized copying or use.
1 1.1.2 The Software protects computer against viruses whose signatures are contained in anti-virus bases which are available on Kaspersky Lab’s servers.
1.1.3 If you sell the computer on which the Software is installed, you will ensure that all copies of the Software have been previously deleted.
1.1.4 You shall not decompile, reverse engineer, disassemble or otherwise reduce any part of this Software to human readable form nor permit any third party to do so. The interface information necessary to achieve interoperability of the Software with independently created computer programs will be provided by Kaspersky Lab on request on payment of its reasonable costs and expenses for procuring and supplying such information. In the event Kaspersky Lab notifies you that it does not intend to make such information available for any reason, including (without limitation) costs, you shall be permitted to take such steps to achieve interoperability provided that you may only reverse engineer or decompile to the extent permitted by law.
1.1.5 You shall not, nor permit any third party to copy (other than as expressly permitted herein), make error corrections to or otherwise modify, adapt or translate the Software nor create derivative works of the Software.
1.1.6 You shall not rent, lease or lend the Software to any other person, nor transfer or sub-licence your licence rights to any other person.
1.1.7 You shall not use this Software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, any other data or code for detecting malicious code or data.
1.1.8 Kaspersky Lab may ask User to install the latest version of Software (the latest version and the latest maintenance pack).
1.1.9 Removal of Potentially Harmful Products. You acknowledge and agree that, in addition to detecting harmful and malicious software, the Product may also identify, remove and/or disable potentially harmful products, including those that are regarded or classified as Adware, Riskware, Pornware etc.
2 Support. (i) Kaspersky Lab will provide you with the support services (“Support Services”) as defined below for a period specified in the License Key File and indicated in window “Service”, since the moment of purchasing, on:
(a) payment of its then current support charge; and
(b) Kaspersky Lab’s technical support service is also entitled to demand from the End User additional registration for identifier awarding for Support Services rendering.
(c) until Software activation and/or obtaining of the End User identifier (Customer ID) technical support service renders only assistance in Software activation and registration of the End User.
(iii) Support Services will terminate unless renewed annually by payment of the then current annual support charge and by successful completion of the Support Services Subscription Form again.
(iv) “Support Services” means:
a. Updates of antivirus databases;
b. Free software updates, including version upgrades;
c. Technical support via Internet and hot phone-line provided by Vendor and/or Reseller;
d. Virus detection and curing updates in 24-hours period.
(v) Support Services are provided only if and when you have the latest version of the Software (including maintenance packs) as available on the official Kaspersky Lab website (www.kaspersky.com) installed on your computer.
3 Ownership Rights. The Software is protected by copyright laws. Kaspersky Lab and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, 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.
4 Confidentiality. You agree that the Software and the Documentation, including the specific design and structure of individual programs constitute confidential proprietary information of Kaspersky Lab. You shall not disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Kaspersky Lab. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavours to maintain the security of the activation code.
5 Limited Warranty.
(i) Kaspersky Lab warrants that for six (6) months from first download or installation the Software purchased on a physical medium will perform substantially in accordance with the functionality described in the Documentation when operated properly and in the manner specified in the Documentation.
(ii) You accept all responsibility for the selection of this Software to meet your requirements. Kaspersky Lab does not warrant that the Software and/or the Documentation will be suitable for such requirements nor that any use will be uninterrupted and error free.
(iii) Kaspersky Lab does not warrant that this Software identifies all known viruses, nor that the Software will not occasionally erroneously report a virus in a title not infected by that virus.
(iv) Kaspersky Lab does not warrant that this Software provides protection after expiring date (see section.2 (i))
(v) Your sole remedy and the entire liability of Kaspersky Lab for breach of the warranty at paragraph (i) will be at Kaspersky Lab option, to repair, replace or refund of the Software if reported to Kaspersky Lab or its designee during the warranty period. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective item.
(vi) The warranty in (i) shall not apply if you (a) make or cause to be made any modifications to this Software without the consent of Kaspersky Lab, (b) use the Software in a manner for which it was not intended, or (c) use the Software other than as permitted under this Agreement.
(vii) The warranties and conditions stated in this Agreement are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Software or the Documentation which might but for this paragraph (vii) have effect between Kaspersky Lab and you or would otherwise be implied into or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, all of which are hereby excluded (including, without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or as to the use of reasonable skill and care).
6 Limitation of Liability.
(i) Nothing in this Agreement shall exclude or limit Kaspersky Lab’s liability for (i) the tort of deceit, (ii) death or personal injury caused by its breach of a common law duty of care or any negligent breach of a term of this Agreement, or (iii) any other liability which cannot be excluded by law.
(ii) Subject to paragraph (i) above, Kaspersky Lab shall have no liability (whether in contract, tort, restitution or otherwise) for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
(a) Loss of revenue;
(b) Loss of actual or anticipated profits (including for loss of profits on contracts);
(c) Loss of the use of money;
(d) Loss of anticipated savings;
(e) Loss of business;
(f) Loss of opportunity;
(g) Loss of goodwill;
(h) Loss of reputation;
(i) Loss of, damage to or corruption of data; or Any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in paragraphs (ii), (a) to (ii), (i).
(iii) Subject to paragraph (i), the Kaspersky Lab’s liability (whether in contract, tort, restitution or otherwise) arising out of or in connection with the supply of the Software shall in no circumstances exceed a sum equal to the amount equally paid by you for the Software.
7 This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all and any prior understandings, undertakings and promises between you and Kaspersky Lab, whether oral or in writing, which have been given or may be implied from anything written or said in negotiations between us or our representatives prior to this Agreement and all prior agreements between the parties relating to the matters aforesaid shall cease to have effect as from the Effective Date.