Kaspersky Anti-Virus 2016 End User License Agreement

 

 

Kaspersky Anti-Virus 2016

 
 
 

Kaspersky Anti-Virus 2016 End User License Agreement

Back to "Licensing and Activation"
2017 Aug 21 ID: 12114
 
 
 
 

END USER 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 THERE IS A LICENSE CONTRACT IN ITS WRITTEN FORM OR A LICENSE CERTIFICATE ACCOMPANYING 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 — the operating system, virtual machine or hardware, including the workstation, mobile device or server for which the Software is intended and/or on which the Software is to 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 this 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. For Software distributed free of charge, excluding Software provided for evaluation purposes, End User (You/Your) means only individual(s).

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) — anti-virus databases, improvements, patches, expansions and/or modifications for the Software.

1.7. Software expansions — additional software components and services provided by the Rightholder that extend the functionality of the Software and can be used with the Software or independently of it and for which a new license may need to be acquired or the existing one extended. Some expansions are provided free of charge and others for a fee. You can find out more about these expansions before acquiring them.

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

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

1.10. The Web-Portal means the Rightholder's web resource intended to manage the installed Software and the licenses acquired.

1.11. User Account means the personal section of the Web-Portal created using data provided by the User when registering at the Web-Portal. The User Account allows the User to gain access to the Web-Portal to carry out the actions listed under pt. 1.10.


2. Grant of License

2.1. You are granted a non-exclusive license to use the Software within the scope of the functionality described in the User Manual or on the Rightholder’s Technical Support website, provided You comply with all technical requirements, restrictions and terms of use specified in this License Agreement.

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 the number of Computer(s) and/or for the number of User Accounts as is specified in Sections 2.2 and 2.3.

The right to use the Software distributed free of charge is granted only to individuals, excluding Software provided for evaluation purposes. Software may be used by individuals only for personal non-commercial use. Use of Software distributed free of charge by legal entities excluding Software provided for evaluation purposes is strictly prohibited.

2.2. If the Software was acquired on a physical medium You have the right to use the Software for the number of Computer(s) and/or User Accounts as is specified on the Software package.

2.3. If the Software was received/acquired via the Internet You have the right to use the Software for the number of Computers and/or User Accounts as was specified when You acquired the License to the Software.

2.4. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if this 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.

2.5. 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.

2.6. After activating the Software (except Software intended for evaluation purposes) within the period specified on the package (if the Software was acquired on a physical medium) or specified during confirming a subscription order or purchasing the Software (if the Software acquired online), You will receive automatic Updates and the latest versions of the Software from the Rightholder or its Partners, as well as technical support as per section 5.

2.7. To use the Software you may need to connect the Software to the Web-Portal using Your User Account.


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, the count of which may be limited by the Rightholder.

3.2. If the Software was acquired on a physical medium, the Software can be used, upon your acceptance of this Agreement, for the period that is specified on the package commencing upon acceptance of this Agreement.

3.3. If the Software was received/acquired via the Internet, the Software can be used, upon your acceptance of this Agreement, for the period that was specified during acquisition.

3.4. If you have received the Software from a Partner, the period of effective use of the Software may be agreed upon between you and the Partner.

3.5. Where there is a License Certificate, the period of use of the Software is specified in the License Certificate.

3.6. Where there is a subscription, the period of use of the Software is specified when confirming the subscription.

3.7. If the Software is activated with a free license, the period of Software usage is restricted to 1 (one) year.

If the Rightholder specifies a different license period, the User is duly informed.

At the end of the period, the Rightholder may provide a new limited free license to use the Software. In this case, the Software is activated automatically.

3.8. If You received the Software from the Rightholder for evaluation purposes, the period of use of the Software is indicated in the relevant section of the Rightholder’s website.

3.9. If the Software acquired was intended for the prolongation of the right to use previously acquired Software, You can repeat activation of the Software only if the activation code for previously acquired Software is present. In the absence of this activation code, the period of effective use of the Software will be limited according to the information specified on the Software package.

3.10. For Software activated with a license for evaluation purposes as specified in section 2.1, information about the period of use of the Software can be obtained using the methods described in the User Manual.

3.11. After expiration of the Software license, You may be entitled to continue use of the Software for a defined period of time, while the functionality of the Software may be limited. Details are available at help.kaspersky.com.

3.12. If You purchased the Software for use on more than one computer, the license period of the Software begins from the date of activation of the first Computer, or is specified in the License Certificate where such a License Certificate exists.

3.13. For the some types and versions of the Software the Rightholder enables migration away from the Software to other applications of the Rightholder. The duration of the license granted and the number of Computers after migration may be changed according to the applicable Rightholder rules. Once transition between Software has been completed, it is impossible to return to the previous Software with the current license provisions.

Important: Please read the rules governing the transition to use of other software that is available at: www.kaspersky.com/flexible_licensing.

3.14. 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.

3.15. The Rightholder reserves the right to limit the ability to activate the Software to the region in which the Software was intended to be sold from the Rightholder or its Partners. Information about these restrictions is available after completing the purchase of the Software license.

3.16. 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.

3.17. In case of limitations specified in Clauses 3.15 and 3.16 information about these limitations is stated on the package and/or website of the Rightholder and/or its Partners.

3.18. To check the legitimacy of the Software’s use the Rightholder reserves the right to use means to verify that You have a 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 in a reasonable amount of time, the functionality of the Software may be limited.


4. Software components that use geolocation, the camera or GPS functions, as well as other components that supply data from the Computer or interact with My Kaspersky

4.1. You agree that use of the Software must be in accordance with its intended purpose and must not violate local legislation.

4.2. Your email address and other data provided during the account registration process can be transferred and further processed by a trusted third-party service provider of the Rightholder. This third-party service provider can process the data in countries where the level of personal data protection is lower than in Your country of residence.

4.3. You are responsible for any actions performed using Your account involving the resources of the Rightholder and/or its Partners. You agree that the Rightholder shall not be liable for the unauthorized use of Your account.


5. Technical Support

5.1. The Technical Support 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: support.kaspersky.com.

5.2. User data stored on the Rightholder’s and/or its Partner’s resources may be used by Technical Support only when processing a request from the User.


6. Provision of information (if applicable)

6.1. In order to enhance the protection of information and improve the quality of the Software and services, You agree to automatically provide Kaspersky Lab with the following information of a statistical and administrative nature: information about installed programs, license data, information on detected threats and infections, checksums of processed objects, technical information about the Computer and devices connected to it, information about online activity of the device as well as You agree that such information can be provided to third-party service providers. More information is available at help.kaspersky.com.

6.2. In order to identify new information security threats and their sources, enhance the operational protection of Users of the Software, and improve the quality of the product, You agree to automatically provide Kaspersky Lab with information specified in the Terms of Use of Kaspersky Security Network.

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 at the Rightholder’s sole and exclusive discretion.

If you do not wish to provide information to the Kaspersky Security Network service, You should not activate the Kaspersky Security Network service. If service is already activated, you should immediately de-activate the Kaspersky Security Network service.


Kaspersky Lab protects the information received in accordance with applicable governing law and Kaspersky Lab's rules.

Kaspersky Lab uses the information received only in an anonymized form as part of aggregated statistics. These aggregated statistics are generated automatically from the original information received and do not contain personal information or any other confidential information. Initial information received is destroyed upon accumulation (once a year). General statistics are kept indefinitely.


7. Use of the functionality of third-party online services (if applicable)

7.1. If You use Software functions linked to data storage and\or backup on third-party FTP servers or through third-party online data storage services, You must be aware that the Rightholder is not responsible for the security (confidentiality, integrity, accessibility) of data stored on these resources. Access to information and its protection is governed by the relevant terms of use of the services.

You should familiarize yourself with the terms of security for FTP servers or online services before using them.


8. Receiving informational and advertising materials

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


9. Using the Adaptive Security feature

9.1. If You decide to use the Adaptive Security feature, You agree to automatically provide the information needed to generate recommendations to improve security. These recommendations will be shown in the Web-Portal in the User Account, to which the Software is connected. Information about the recommendations shown may be used by Technical Support only when processing a request from the User.


10. Limitations

10.1. 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 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.

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

10.3. You shall not provide the activation code to third parties or allow third parties access to the activation code and/or license key, which are deemed the confidential data of the Rightholder and you shall exercise reasonable care in protecting the activation code in confidence provided that you can transfer the activation code and/or license key to third parties as set forth in Section 2.5 of this Agreement. You are responsible for the keeping Your activation code confidential during use of the Software.

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

10.5. 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.

10.6. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Section 5 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.

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


11. Limited Warranty and Disclaimer

11.1. The Rightholder guarantees the operation of the Software as described in the User Manual and, if supported versions of the Software are used, the installation by the User of all the latest updates for the Software, unless otherwise stipulated in the License Agreement. The list of supported versions is available at support.kaspersky.com.

11.2. You agree that the Software is supplied with the option of automatic renewal, which provides automatic downloading and installation of enhancements, patches and/or modifications for the Software and components, as well as new versions of the Software.

11.3. You agree that if needed the Software automatically downloads extensions for web browsers, which are necessary to ensure basic functionality of the licensed Software.

11.4. 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.

11.5. 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.

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

11.7. The Rightholder does not guarantee the availability of the functionality described in the User Manual on expiry of the period specified in Section 3 of this License Agreement.

11.8. 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.

11.9. You acknowledge and agree that the Software will engage in actions necessary for performance.

11.10. 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.


12. Exclusion and Limitation of Liability

12.1. 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 THAT DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.


13. Exclusion of unlawful use

13.1. If VPN Software is available, You are entitled to use the VPN Software solely for lawful purposes. Including, but not limited to the following, you are not entitled to use the VPN Software

-in any way that breaches any applicable local, national or international law or regulation according to the law in the country where the VPN server is located and/or were the VPN Software is used;

-for the purpose of harming or attempting to harm minors in any way;

-for the purpose of misusing the VPN Software by knowingly introducing inter alia viruses, trojans, worms, logic bombs or any other material which is malicious and/or technologically harmful;

-for the purpose of reverse engineering, decompiling, disassembling, modifying, translating, making any attempt to discover the source code of the VPN Software or creating derivative works from the VPN Software;

-for the purpose of attempting to gain unauthorized access to, interfere with, damage or disrupt the VPN Software and/or the VPN Service. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the VPN Software and/or the VPN Service will cease immediately;

-for the purpose of uploading, posting, emailing or otherwise transmitting any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;

-for the purpose of impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;

-for the purpose of forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the VPN system;

-for the purpose of uploading, posting, emailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other intellectual property of any party;

-for the purpose of uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, e. g. “junk mail”, “spam”, “chain letters”, or “pyramid schemes”;

-for the purpose of interfering with or disrupting the VPN systems and/or the VPN servers and/or the VPN networks, or disobeying any requirements, procedures, policies or regulations of networks connected to our VPN systems;

-for the purpose of collecting or storing personal data about other users without their knowledge; 

-for the purpose of promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.


14. GNU and Other Third-Party Licenses

14.1. 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 these 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 could be found either supplied with the Software, or could be made available by sending a request to source@kaspersky.com. 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 these rights shall take precedence over the rights and restrictions herein.


15. Intellectual Property Ownership

15.1. 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 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.

15.2. 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.


16. Governing Law

16.1. Except as provided in Sections 16.2 and 16.3 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 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 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 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.

16.2. 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 Section 16.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.

16.3. 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.

16.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.


17. Period for Bringing Actions

17.1. 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.


18. Entire Agreement; Severability; No Waiver

18.1. 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.


19. Class Action Waiver and Binding Arbitration

19.1. If you reside in the United States, this Clause 19 applies to you. If a dispute, claim, or controversy of any kind with respect to any Kaspersky Lab product, service, or any part of this agreement, arises between You and Kaspersky Lab or You and a third-party affiliate of Kaspersky Lab, 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. 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 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. 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 agreement and the rules of the AAA, this agreement shall govern.

19.2. Any dispute, claim, or controversy concerning Kaspersky Lab'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 Kaspersky Lab product or service are not subject to this arbitration clause.


20. 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

Moscow, 125212

Russian Federation

E-mail: info@kaspersky.com

Web site: www.kaspersky.com


© 2017 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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