Kaspersky Anti-Ransomware Tool for Home END USER LICENSE AGREEMENT

KASPERSKY LAB END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”)

IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THE SOFTWARE.

Running the Software, clicking the button that confirms that You accept the License Agreement during installation, or entering the corresponding character(s), constitutes Your unconditional acceptance of the terms of this License Agreement. If You do not agree with the terms of this License Agreement, You must abort the installation of the Software and\or delete the Software.

AFTER CLICKING THE BUTTON, THAT CONFIRMS YOUR ACCEPTANCE 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 LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER THE CURRENT 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 combination of hardware(s), including personal computers, laptops, workstations, personal digital assistants, ‘smart phones’, hand-held devices, or other electronic devices, and operating system(s) (including system virtual machines) for which the Software was designed where the Software will be installed and/or used.

1.4. End User (You/Your) – means the organization for which the Software is downloaded or acquired 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. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions, or maintenance packs, etc.

1.6. 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: https://help.kaspersky.com/ and may be updated when necessary.

2. Grant of license

2.1. The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, and display ("to use") the free of charge Software that will substantially perform within the scope of functionality described in the User Manual.

2.2. 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.

2.3. From the time of the Software installation You have the right to receive the following services for the period of Term:

- Updates 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;

- Access to information and auxiliary resources of the Rightholder.

3. Term and termination

3.1. The Software can be used free of charge after the acceptance of this Agreement for the period specified at https://support.kaspersky.com/corporate/lifecycle.

3.2. 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.

3.3. 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.

4. Technical Support

4.1. No Technical Support is provided.

4.2. Product consulting is available at https://community.kaspersky.com/ according to the rules of the Community.

5. Receiving informational and advertising materials

5.1. You acknowledge, accept and agree to receive informational materials via the Software from the Rightholder and/or Partners to improve the protection level.

6. Limitations

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 code may be used or reverse engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by the 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.

6.2. You shall not transfer the rights to use the Software to any third party.

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

6.4. 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.

6.5. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.

7. Limited Warranty and Disclaimer

7.1. The Software is intended to operate as described in the User Manual and, if supported versions of the Software are used, the installation by the End User of all the latest updates for the Software, unless otherwise stipulated in the License Agreement. The list of supported versions is available at https://support.kaspersky.com.

7.2. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.

7.3. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.

7.4. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.3 of this Agreement.

7.5. You acknowledge that the Software will be provisioned with Rightholder's standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.

7.6. THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.

8. Exclusion and Limitation of Liability

8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

9. GNU and Other Third-Party Licenses

9.1. The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code "Open-Source Software"). If such licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code should be made available by sending the request to 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 patents of the Russian Federation, European Union and the United States, as well as other countries and international treaties.

This License 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 License 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 License 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 License Agreement only provides you with a right of limited use under the terms and conditions of this License Agreement. Rightholder reserves all rights not expressly granted to you in this License 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.

10.3. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.

11. Governing Law

11.1. Except as provided in Sections A Clauses 11.2 and 11.3 below, this License 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 principles:

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. Virgin 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 Commonwealth 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 Germany.

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 Administrative 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 choose to obtain the Software in another country, the substantive laws of the country where the purchase took place will be in effect.

11.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this License 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 Section A 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 License 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 Rightholder or their Partners directly if having any problems with the product.

12. Period for Bringing Actions

12.1. No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

13. Entire Agreement; Severability; No Waiver

13.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to the subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

14. Class Action Waiver and Binding Arbitration

14.1. If you reside in the United States, this Clause 14 from Section A applies to you. If a dispute, claim, or controversy of any kind with respect to any Rightholder product, service, or any part of this License Agreement, arises between You and Rightholder or You and a third-party affiliate of Rightholder, and both parties couldn't resolve the dispute informally within a reasonable period of time, You and the other party agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. In the event of a binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. If any conflict exists between this License Agreement and the rules of the AAA, this License Agreement shall govern.

14.2. Any proceedings, including but not limited to class action lawsuits, class-wide arbitrations, private attorney-general actions, the combining of individual actions without the consent of all parties, or any other legal procedure where someone acts in a representative capacity, are not permitted. By accepting this License Agreement, You agree not to begin or participate in any of the above mentioned class and multi-party proceedings, and any action pursued by You and remedy, if any awarded to You, must be on an individual basis, as provided in this clause. You may contact the Rightholder or their Partners directly if having any problems with the product.

14.3. Any dispute, claim, or controversy concerning Rightholder's intellectual property rights, their enforcement, validity, etc., and any claim pertaining to any form of unauthorized use, including but not limited to theft and piracy, of any Rightholder product or service are not subject to this arbitration clause.

15. 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: https://www.kaspersky.com/

© 2023 AO Kaspersky Lab