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 USING THE SOFTWARE YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE.
1.1. Software means GetSysteInfo software including any related materials.
2.2. 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.
2.3. Computer(s) means hardware(s), including personal computers, laptops, workstations, personal digital assistants, ‘smart phones’, hand-held devices, or other electronic devices for which the Software was designed where the Software will be installed and/or used.
"1" and "4" End User (You/Your) means individual(s) installing or using the Software on his or her own behalf or who is 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.
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 set forth on http://support.kaspersky.com.
2.2. This free of charge Software can be used to obtain system information required for removal of technical problems originated while using of Rightholder’ software products and, in particular, originated from conflicts between Rightholder’ software products and other vendors’ software.
2.3. Use of the Software does not guarantee removal of technical problems described above 2.2.
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. From the time of the Software installation You have the right to receive product consulting which is available at http://forum.kaspersky.com
3. Activation and Term
3.1. The Software can be used upon your acceptance of this Agreement perpetually.
2.2. 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.
4. Technical Support
4.1. No Technical Support is provided.
5. Information Collection
5.1. You agree to provide following information about computer where the Software was launched including following:
- Date and time when data being submitted was gathered;
- Computer details, including:
- BIOS details;
- Central processing unit (CPU) details;
- Win32 Config Manager error codes;
- Printers used, including the number of print tasks since the printing device was restarted last, printer status code at the time of data submission, network or local printer usage ID, Print Processor name, ID showing whether spooling and queuing is supported, name of the print server to which the network printer is connected, ID of printer availability as a shared resource, and name of the shared printing device;
- Video controllers, including device status information, ID of a custom configuration used by the device, values of current device settings and operating mode, date and time of the last device driver modification, video driver version, path to the INF file of the video adapter and section of the INF file with information for the video adapter, name of the installed video device driver, code of architecture and code of the type of video device memory, description of the video processor;
- Video monitors, including the unique monitor ID and device status at the time of data submission;
- Sound cards, including the unique ID of the device, status and state at the time of data submission;
- Logical drives, including description, name of the first class in the inheritance chain, unique ID, type of logical drive, type of file system of the partition, size of free disk space, code of the drive type, name of the logical drive, size of the logical drive, header of the logical drive volume, serial number of the logical drive;
- Network adapters, including adapter name, code of availability and status, ID of the type of network in use, ID showing whether or not an adapter is installed in the system, MAC address of the adapter, name of the adapter vendor, name of the network connection shown to the user, code of the status of adapter connection to the network, estimated current bandwidth in bits per second, adapter status at the time of data submission, date and time of the last adapter reboot, IP address of the gateway used by default, ID of DHCP usage, date and time of expiry of the IP address issued by the DHCP server, date and time of receipt of the IP address from the DHCP server, IP address of the DHCP server, DNS name of the domain to which the host belongs, list of DNS name suffixes added at the end of the host name during domain name resolution, ID of WINS usage, DNS name of the host, list of IP addresses used for DNS requests, ID of IP address registration in the domain, list of IP addresses associated with the adapter, IP Connection Metric data, ID of TCP/IP usage, values of settings and device status;
- Computer name;
- Name of the domain or workgroup to which the computer belongs, code of computer role in the domain or workgroup;
- Information about the computer manufacturer, computer name as specified by the manufacturer, contact details of the computer support service;
- Server Mode activation ID and code of computer usage, computer status at the time of data submission;
- Name of the current user, including the domain or computer name.
- OS information, including:
- Boot device and boot type;
- OS version and name, including information about OS service packs installed;
- Country code;
- Operating system description;
- Size of physical memory in use and free physical memory, size of free memory in current pages of the paging file, and size of free virtual memory;
- OS installation date and time;
- Last boot up date and time;
- Local date and time at the moment of data submission;
- OS vendor;
- List of supported languages;
- Number of currently running processes;
- Number of user sessions for which the operating system stores status information at the time of data submission;
- OS architecture ID;
- OS language version installed;
- Paging file size;
- ID of the partition where the OS is installed;
- Full path to system directory;
- Total size of virtual memory and available physical memory.
- Information about environment variables.
- Information about Warning or Error system events over the past three days at the time of data submission, including:
- Event subcategory and text name of the subcategory;
- Value of the last 16 bits of the event property;
- Event ID;
- Code of event ID;
- Name of the WinNT event log file;
- Message shown in the event log file and event ID;
- Name of the source to which the event relates;
- Time when the event was generated and time of the event record in the log;
- User name in the system at the time of the event.
- Information about user accounts, including:
- Name of Windows account in the domain;
- Account description;
- Name of the domain to which the account belongs;
- Date and time of account creation;
- ID of the local account attribute;
- User security identifier;
- Security identifier type code;
- Current state of the object.
- Information about products installed, including:
- Product name;
- Product removal string;
- Name of product vendor;
- Product version;
- Installation date;
- Full path to product directory;
- Language localization of the product.
- Information about services:
- Name of the file that executes the service;
- Full path to the binary file of the service;
- Unique ID of the service;
- Service type;
- Service process ID;
- ID showing that the service can be suspended or stopped;
- Service description;
- Name displayed by the service;
- ID showing that the service is running;
- Service start mode;
- Name of the account under which the service has been started;
- Current service state;
- Current service status;
- Information about modules used by the service process.
- Information about registry keys.
- Information about Browser Helper Objects (BHO), including:
- GUID of the object;
- AppID of the object;
- Object name;
- Object file details;
- Thread model;
- Language localization.
- Information about drivers, including:
- ID of the driver device class;
- Name of the device that uses the driver;
- Date of driver creation by the vendor;
- Name of the driver vendor;
- Driver version;
- Driver name;
- Attribute showing that the driver is digitally signed;
- Driver location;
- Current driver status;
- ID of driver's PnP compatibility.
- Information about shared folders, including:
- Alias of the full path to a shared folder;
- Local path to a folder;
- ID of the limitation on the number of simultaneous connections to the folder;
- Current status of access to the directory.
- Information about open ports:
- Protocol ID (TCP or UDP);
- ID of the process that uses the port to establish a connection;
- IP addresses and numbers of open ports of the connection parties;
- Connection status.
- Information about executable files on the computer, including:
- Value of %TEMP% variables;
- Full path to the folder without the use of environment variables;
- Information about executable files in the folder:
- File name;
- Version of the product to which the file relates;
- File version;
- File type;
- Name of the file directory;
- File size on disk;
- Size of a compressed file on disk (if the file is compressed);
- File creation date;
- File modification date;
- Date when the file was accessed last;
- ID of the file type: read-only, archived, compressed, hidden, system, or temporary file;
- Name of the product to which the file belongs;
- File description;
- Hash sum (MD5) of the file.
- Value of the key registry: HKEY_LOCAL_MACHINE\SOFTWARE\KasperskyLab\Components\34\1103\188.8.131.52\Statistics\AVState
- Value of the key registry:
- Value of the key registry:
- Information about software errors:
- ID of the data collection subsystem that operated when the error occurred;
- Error number;
- Error name.
- List of the right holder's product dumps detected in the system.
- Reports of the right holder's Klnagchk utility (if detected in the system).
- Files of the right holder's product update reports.
- Detected memory dump files of the right holder's products from the \Tiny Dumps directory.
- Information about settings of installed products of the right holder.
- Detected report files of the KAVRemover utility of the right holder.
- Information about settings of the Internet Explorer, Mozilla, and Chrome browsers at the time of data submission.
- Event log files, including:
- Windows event log (files with the .evt and .evtx extensions);
- SQL servers
- KAVRemover utilities
- Installations of Kaspersky Lab product updates
- AVZ utilities
- Files: %WinDir%\inf\setupapi*.log and %WinDir%\setup*.log
- Information about Kaspersky Lab products installed on the computer, including:
- Contents of the system registry keys: HKLM\Software\KasperskyLab\, HKLM\Software\Wow6432Node\KasperskyLab\, HKCU\Software\KasperskyLab\, HKCU\Software\Wow6432Node\KasperskyLab, KLM|HKCU\Software\KasperskyLab\protected, KLM|HKCU\Software\KasperskyLab\environment.
- List of Kaspersky Security Center plug-ins specified in the system registry key: HKLM\SOFTWARE\KasperskyLab\Components\28\Plugins
- List of versions of applications and libraries (files with the .exe, .dll, .sys, and .kdl extensions) on the computer in the directories:
- %ProgramFiles%\Kaspersky Lab\
- %AllUsersProfile%\Application Data\Kaspersky Lab\*\Bases\Cache\
- %ProgramData%\Kaspersky Lab\*\Bases\Cache\
- Files: u0607g.xml, u1313g.xml
- Results of execution of the “avp.com STATISTICS” and “avp.com EXPORT” commands.
- Detected files of tiny dumps of Kaspersky Lab products
- Information about dumps and logs in User system directories %WinDir%, %WinDir$\Minidump
- Information that software is incompatible with Rightholder’s products including:
- Information about system drivers that are incompatible with Rightholder’s products,
- Information about third party drivers that are incompatible with Rightholder’s products,
- Information about running third party applications that are incompatible with Rightholder’s products,
- Information about running services that are incompatible with Rightholder’s products.
5.2. You agree to provide information and confirm that the obtained information does not contain any of the User's personal or confidential information. The obtained information is protected by the Rightholder in accordance with statutory requirements. Kaspersky Lab
protects all KSN-related users' information in accordance with law.
6.1. 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-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.
2.2. You shall not transfer the rights to use the Software to any third party.
2.3. You shall not rent, lease or lend the Software to any third party.
"6" and "4" You shall not use the Software with the purpose of executing illegal actions, including tracking and obtaining confidential information for use against a third party.
7. Limited Warranty and Disclaimer
7.1. 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.
7.2. 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.
2.3. 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.
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 OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. 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.
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, the source code also be made available to those users, then the source code should be made available by sending the request to firstname.lastname@example.org 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 of America, as well as other countries and international treaties. This Agreement does not grant to 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 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.
2.2. 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
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.
11.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.
12. 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, Bldg. 3, 39A, Leningradskoe Shosse
Web site: www.kaspersky.ru
© 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.