Kaspersky Security Center 10 End User License Agreement

 

 

Kaspersky Security Center 10

 
 
 

Kaspersky Security Center 10 End User License Agreement

Back to "Licensing and Activation"
2017 Aug 01 ID: 8552
 
 
 
 

KASPERSKY SECURITY CENTER 10

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.


IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER CURRENT END USER LICENSE AGREEMENT.


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 You are an individual, you must have achieved legal capacity to contract in the state, province or country in which you are resident in order to be able to enter into this Agreement. If you acquire the Software on behalf of an organization, you must be duly authorized to represent the organization and conclude this Agreement on behalf of the organization.


1. Definitions

1.1. Software means software including any Updates and related materials.

1.2. Standard version of the Software means free of charge version of the Software provided to users of corporate software products of the Rightholder.

1.3. Extended version of the Software means version of the Software which functionality is available only after activation or key file installation.

1.4. 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.

1.5. Object of protection means operating system(s) and system virtual machines and hardware(s) including workstation, the mobile device and server for which the Software was designed and/or where the Software can be installed and/or used as well as email boxes and other objects protected or controlled by the Software.

1.6. End User (You/Your) 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. If the Software was downloaded or installed on behalf of individual, End User (“You”) further means such individual.

1.7. Partner(s) means organizations or individual(s), who distributes the Software based on an agreement and license with the Rightholder.

1.8. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs etc.

1.9. User Manual means user manual, administrator guide, implementation guide, reference book and related explanatory or other materials.

1.10. 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.


2. Grant of License

2.1. You are given a non-exclusive and non-assignable and revocable license to download, install, store, load, execute, and display (collectively “use”) the Software according to the provisions of this Agreement and according to the restrictions described on the accompanying documentation, product packaging and/or in the User Manual (“License”). You are not entitled to sell, rent, sub-license, lease or lend or otherwise transfer the Software.

If you use the trial version of the Extended version of the Software you may use it only for evaluation purposes and only for the single applicable evaluation period, from the date of the initial trial version’s activation. After termination of the applicable evaluation period You are given the rights to use the Extended version of the Software in accordance with the conditions described in the User Manual only.

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 Objects of protection for which all versions of the Software are used shall correspond to the number of Objects of protection specified in licenses you have obtained provided that unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software for such a number of Object(s) of protection as is specified in Clause 2.2.

2.2. Number of Object(s) of protection for which You have the right to use the Extended version of the Software is limited to the number of the Object(s) of protection that was specified in License Certificate. The number of Object(s) of protection for which You have the right to use the Standard version of the Software is unlimited.

2.3. Maximum number of virtual administrative servers allowed to be controlled via the Software is defined during acquisition of the Extended version of the Software or is specified in User Manual for the Standard version of the Software.

2.4. You have the right to make a copy of the Software solely for back-up purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This back-up 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.

2.5. After installation of the Standard version of the Software users of the Rightholder’s commercial corporate software products have the right to receive the following services from the Rightholder or its Partners:

- Updates of the Standard version of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Any Updates that You may receive become part of the Software and the terms and conditions of this Agreement apply to them;

- Technical Support via the Internet and Technical Support telephone hotline;

- Access to information and auxiliary resources of the Rightholder.

2.6. After activation or key file installation for the Extended 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 Extended version 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 Extended version of the Software or license key file installation. The Rightholder reserves the right to use any means and verification procedures to verify the validity of the License and/or legality of a copy of the Extended version of the Software installed and/or used on Your computer.

3.2. The duration of the evolution period for the Extended version of the Software is limited to either the single applicable evaluation period (30 days) from the time of the Software’s activation or before the start of the period of effective use of the Extended version of the Software according to this Agreement. If the Rightholder changes the duration of the evaluation period You will be informed via notification.

3.3. Your License to Use the Extended version of 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. After expiration of the period of effective use as specified in Clause 3.3 functionality of the Extended version of the Software will be limited to functionality of Standard version of the Software.

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 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 period of use of the Standard version of the Software is not limited by the Rightholder.


4. Technical Support

4.1. The Technical Support described in Clauses 2.5 and 2.6 of this Agreement is provided to You according to rules located at http://support.kaspersky.com/support/rules.

Technical support service: http://support.kaspersky.com.


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 the Rightholder, with your consent, that has been explicitly confirmed in the Kaspersky Security Network Data Collection Statement, is expressly entitled to receives such information. You can activate the Kaspersky Security Network service during installation. Also, You can activate and deactivate the Kaspersky Security Network service at any time in the Software options page. 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. Providing the above information is voluntary.

5.2. The Software does not process any personally identifiable data and does not combine the processing data with any personal information. The information obtained is protected by the Rightholder in accordance with statutory requirements.

5.3. 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.


6. Limitations

6.1. You may not create new virtual administrative servers on expiration of the period of effective use as specified in Clause 3.3 if total number of functioning virtual administrative servers is greater than allowed number of virtual administrative servers for the Standard version of the Software mentioned in Clause 2.3.

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-waivable 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 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.

6.4. You shall not provide the activation code and/or license key file for the Extended version of the Software to third parties. The activation code and/or license key are deemed confidential data.

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

6.6. 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.

6.7. Your key file for the Extended version of the Software can be blocked in case You breach any of the terms and conditions of this Agreement.

6.8. In case You breach the terms and conditions of this Agreement, the Rightholder shall be entitled to terminate this License with immediate effect and/or to block Your key file without being obligated to refund the purchase price or an part thereof. Such a right of termination and/or right of blocking Your key file exists, in particular, in the following cases:

- You use the Software for illegal purposes.

- You transmit or store material that infringes intellectual property rights or any other rights of third parties or is illegal, unauthorized, defamatory or offensive or invades the privacy of third parties.

- You transmit or store data owned by third parties, without obtaining beforehand the consent prescribed by law of the owner of the data to the data transmission.

- You transmit material containing software viruses or any other harmful computer codes, files or programs.

- You carry out any acts interfering with or interrupting the operation of the server or networks associated with the software.

- You make the attempt to gain unauthorized access to the computer systems or networks associated with the Software.

- You did not comply with the applicable local, state, national, international, and supranational laws and regulations or the specifications mentioned in the documentation or the related transfer documents of the authorized dealer from whom you purchased the Software.

6.9. 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 don’t have the right to transfer the license or the rights to use the Software to any third party.


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 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 operability of the Software after the expiration of the period specified in Clause 3.3 of this Agreement.

7.5. 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.

7.6. 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.

7.7. EXCEPT FOR THE GURANTEE DESCIRBED IN THIS AGREEMENT, 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.

7.8. EXCEPTION: In certain countries and/or jurisdictions, the exclusion of expressed or implied warranties is not permitted so that the aforementioned exclusion of liability does not apply to these countries. IN THIS CASE, THESE EXPRESSED OR IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE GUARANTEE PERIOD IN THE RESPECTIVE COUNTRY (OR TO THE MINIMUM PERIOD REQUIRED BY APPLICABLE LAW).


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, INFORMATON, 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 AND/OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER AND/OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


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 EXLUDED 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.

8.2. FOR GERMAN CONSUMERS: If you are a German customer, the limitations specified in the aforementioned paragraph “Exclusion and Limitation of Liability” do not apply to you. Instead, the following provision shall apply to damages or compensation for futile expenses, for whatever legal reason, including unlawful acts:

The Rightholder shall be liable in the event of intent or gross negligence, claims according to the Product Liability Act as well as injury to life, body and health according to the German statutory provisions. The Rightholder shall not be liable for slight negligence, except for violations of essential contractual duties. In these cases, the Rightholder’s liability is limited to typical, foreseeable damage. In all other cases, the Rightholder shall not be liable for slight negligence.


8.3 NOTHING IN THIS AGREEMENT IMPAIRS RIGHTS YOU HOLD ACCORDING TO A CONSUMER PROTECTION ACT OR ANY OTHER ACT IN THE COUNTRY, WHICH CANNOT BE REPEALED BY THIS AGREEMENT.


9. Open Source Software 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 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.


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 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. The 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. Data Protection

By giving your consent to this Agreement, you agree to the Rightholder’s current privacy policy, which can be accessed and reviewed at the address http://www.kaspersky.com/privacy. By entering into this Agreement, you agree to the disclosure of your personal data to the Rightholder’s affiliated companies and contractors, who provide services for Rightholder (distribution of products, technical support, marketing research, etc.). Contractors must keep the personal information of customers secure and confidential, and use personal information only on behalf of Rightholder. Rightholder take all responsibility for handling personal data by affiliated companies and contractors. Furthermore, you expressly declare that you have read and accepted the following legal notices:

The user agrees to comply with the applicable local, state, national, international, and supranational laws and regulations as well as the specifications mentioned in the documentation or the related transfer documents of the authorized dealer from whom the user purchased the Software and


(a)          not to use the Software for illegal purposes,

(b)          not to transmit or store material that infringes intellectual property rights or any other rights of third parties or is illegal, unauthorized, defamatory or offensive or invades the privacy of third parties,

(c)          not to transmit or store data owned by third parties, without obtaining beforehand the consent prescribed by law of the owner of the data to the data transmission,

(d)          not to transmit material containing software viruses or any other harmful computer codes, files or programs,

(e)          not to carry out any acts interfering with or interrupting the operation of the server or networks associated with the software,

(f)           not to make the attempt to gain unauthorized access to the computer systems or networks associated with the Software


The user is restricted to using the software as intended and within the specific legal framework conditions in their country. Please note that the use of this security Software within networks can affect provisions of data protection law at the EU level and/or at EU member state level. Moreover, in operational use also provisions of collective labor law may have to be observed.


12. Restrictive Covenant

The Rightholder may stipulate provisions and procedures for limiting or modifying the Software and/or its availability in order to ensure optimum benefit for all users of the Software and prevent possible abuse. 


13. Third-Party Fees

The Rightholder is not responsible for the fees charged by your data provider (e.g. Internet access provider) or your mobile service provider incurred for the use of the latter’s services. Specific use of the Software requires the access to and the communication with servers of the Rightholder via the network of your service provider. In addition, they are responsible for the costs incurred in connection with the device used by you. You have to assure that your device meets with the necessary system requirements for the use of the Software, including the receipt of updates. The Rightholder is entitled to modify the requirements at any time.


14. Passwords

You are obligated to keep your password secret. You assume responsibility and liability for actions performed under your password. In case you have lost your password or your encryption key for your user account, you can no longer access your data. The Software of the Rightholder is intended only for personal use. You are permitted to use the Software only for the number of devices or licenses specified in your purchase documentation. When using the Software, it is possible that you create and/or manage information and/or services yourself by using existing user account data. When setting up a user account, it is incumbent on you to provide the necessary information in a complete and correct manner. You assume responsibility for the completeness and correctness of the invoice details. In case of blocking of accounts or means of payment, you are obligated to inform the Rightholder immediately. Protect your password and inform the Rightholder immediately in case you become aware of a security breach or unauthorized use of your user account.


15. Governing Law; Arbitration

15.1. 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.

If you are an individual, this does not impair your rights according to the consumer protection of the country in which you are resident.

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 15 shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.


16. Period for Bringing Actions 

16.1. 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.

EXCEPTION FOR GERMAN CUSTOMERS: If you are a German individual customer, the provisions under item 16 do not apply to you.


17. Entire Agreement; Severability; No Waiver

17.1. 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.

17.2. 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.

17.3. 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.


18. 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.

 
 
 
 
Was this information helpful?
Yes No
 

 
 

Have you found what you were looking for?

Please let us know how we can make this website more comfortable for you

Send feedback Send feedback

Thank you!

Thank you for submitting your feedback.
We will review your feedback shortly.