End User License Agreement for Kaspersky Safe Kids (Android)
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Kaspersky Safe Kids

 
 
 

End User License Agreement for Kaspersky Safe Kids (Android)

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2018 May 07 ID: 12269
 
 
 
 

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

PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE YOU START USING THE SOFTWARE.

TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.

BY RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.

ALSO RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE.

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


SECTION A. GENERAL PROVISIONS

1. Definitions

1.1. Software means software, accompanying/related materials, and Updates, as described in the User Manual.

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. The Standard or Free Version of the Software means the version of the Software provided to users free of charge.

1.5. The Extended or Premium Version of the Software means the version of the Software with functionality available only after activation.

1.6. 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 License 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).

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

1.8. Update(s) — anti-virus databases, improvements, patches, extensions and/or modifications for the Software.

1.9. Software extensions — 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 extensions are provided free of charge and others for a fee. You can find out more about these extensions before acquiring them.

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

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

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

1.13. User Account means the personal section of the Web-Portal created using data provided by the End User when registering at the Web-Portal. The User Account allows the End User to gain access to the Web-Portal to carry out the actions listed under Section A Clause 1.12.

2. Grant of license

2.1. You are granted a non-exclusive license to use the Software within the scope of the Software’s functionality described in the User Manual or on the Rightholder’s Technical Support website, provided that 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 installation of the trial version. 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 Section A Clauses 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 by legal entities of Software distributed free of charge excluding Software provided for evaluation purposes is strictly prohibited.

2.2. 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.

2.3. 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 or in the accompanying document.

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, including reasons specified in Section A Clause 3.15, 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 License 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 License Agreement. If You do not agree to be bound by all the terms and conditions of this License 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 not acquired via the Internet) or specified during confirming a subscription order or purchasing the Software (if the Software was acquired via the Internet), 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 A Clause 6.

2.7. To use the Software you may need to connect the Software to the Web-Portal using Your User Account. You are responsible for any actions performed using Your User 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 User Account.

3. Activation and Term

3.1. The period of use for the Standard or Free version of the Software is not limited by the Rightholder.

3.2. 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.

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

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

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

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

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

3.8. 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 End 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.

3.9. If You received from the Rightholder the Software for evaluation purposes as specified in Section A Clause 2.1, information about the period of use of the Software is indicated in the relevant section of the Rightholder’s website or can be obtained using the methods described in the User Manual.

3.10. 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 presented. In the absence of this activation code, the period of effective use of the Software will be limited in accordance with the information shown when purchasing the license, on the packaging or online resource where you acquired the license.

3.11. Upon expiry of the Software license for the Extended Version of the Software the functionality of the Extended Version of the Software shall be limited to the functionality of the Standard or Free Version of the Software, as described in the User Manual.

3.12. 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.

3.13. 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.

3.14. For the some types and versions of the Software the Rightholder enables migration 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.

3.15. 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 License Agreement, the Rightholder shall at any time without notice to You be entitled to withdraw the granted license to use the Software without refunding the purchase price or any part thereof.

3.16. 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 in accordance with the acquisition method, as specified in Clauses 3.3, 3.4 and 3.5.

3.17. 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.

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

3.19. To check the legitimacy of the Software use the Rightholder reserves the right to verify that You have a licensed copy of the Software. If the verification cannot be performed within a certain period of time specified in the User Manual, the Software will work with limited functionality.

4. Technical Support

4.1. 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. Limitations

5.1. 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 License Agreement and the license granted hereunder and may result in criminal and/or civil prosecution against You.

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

5.3. You shall not provide the activation code to third parties or allow third parties access to the activation code, which are deemed the confidential data of the Rightholder and you shall exercise reasonable care in protecting the activation code in confidence except for transferring the activation code to third parties as set forth in Section A Clause 2.5 of this License Agreement. You are responsible for the keeping Your activation code confidential during use of the Software.

5.4. The acquired license is granted as a whole, which must not be divided into parts for the purpose of distributing them to third parties on a commercial basis.

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

5.6. 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.

5.7. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Section A Clause 4 of this License Agreement and You do not have the right to transfer the license or the rights to use the Software to any third party.

6. Limited Warranty and Disclaimer

6.1. 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 support.kaspersky.com.

6.2. 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.

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

6.4. 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.

6.5. 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 License Agreement.

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

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

6.8. The Rightholder does not guarantee that the Software will work correctly if a malfunction in the Software has been caused by any equipment or software not supplied by AO Kaspersky Lab or any of its affiliates.

6.9. The work of the specific functionality of the Software is provided via access and/or use of third-party services as specified in this License Agreement and/or User Manual. Rightholder is not responsible for these third-party services. You further agree that Rightholder shall not be liable for any loss or damage of any sort associated with Your use of the third-party services.

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

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

6.12. 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.

7. Exclusion and Limitation of Liability

7.1. 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 LICENSE 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 LICENSE AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS LICENSE 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.

8. GNU and OtherThird-Party Licenses

8.1. The Software may include some software programs that are licensed (or sublicensed) to the End User under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the End 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 License Agreement, then these rights shall take precedence over the rights and restrictions herein.

9. Intellectual Property Ownership

9.1. 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.

9.2. 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.

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

10. Governing Law

10.1. Except as provided in Sections A Clauses 10.2 and 10.3 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.

10.2. 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 10.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.

10.3. 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.

10.4. The End User is responsible for contacting only the Rightholder or their Partners directly if having any problems with the product.

11. Period for Bringing Actions

11.1. No action, regardless of form, arising out of the transactions under this License 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.

12. Entire Agreement; Severability; No Waiver

12.1. This License 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 License Agreement. You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms. If any provision of this License 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 License Agreement will not fail on account thereof and the balance of the License 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 License 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 License Agreement or any right shall not be construed as a waiver of any such provision or right.

13. Class Action Waiver and Binding Arbitration

13.1. If you reside in the United States, this Clause 13 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.

13.2. 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.

13.3. 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.

14. Rightholder Contact Information

Should you have any questions concerning this License 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

 

SECTION B. CONDITIONS REGARDING DATA PROCESSING

Please read the conditions of the Section “Conditions regarding data processing.” This Section describes data received from You and/or from Your Computer and the manner by which the Rightholder will process data for the performance of this License Agreement. If the Software is used within a legal entity or on the Computer used by several individuals, You must ensure that they have understood and accepted the conditions of the Section “Conditions regarding data processing” before they use the Software.

1. For the Rightholder and/or its Partners to fulfill their obligations under this License Agreement, the Rightholder needs to receive and process information described in Section B Clause 1 for the declared purposes. Such information may be considered personal according to applicable laws of certain countries.

    • Purchase of licenses and verification of the legality of Software use.

This functionality of the Software as described in the User Manual is to enable the purchase of a license for the Software. Also the Rightholder has to verify that the license You will use is legal during activation and use of the Software. To do so the Rightholder has to process and receive the following information about the Software, the license You have acquired, and the Computer where You will install the Software, specifically:

    - Type and version of the Rightholder’s software installed
    - Protocol version
    - Device type
    - Operating system type
    - Message sender ID which consists of a unique user identifier, unique device identifier, service identifier, product ID, purchase date and time, package name, order ID, purchase token, purchase signature, purchase status

    • Management of Computer protection and acquired licenses via the Web-Portal.

The Web-Portal helps You remotely manage Your acquired licenses and the protection of your Computer. This functionality requires that the Rightholder receive from Your Computer and process information about the Software, the acquired license, information about the Computer, specifically:

    - User’s email address
    - User’s password
    - Unique user identifier on My Kaspersky
    - Unique device identifier on My Kaspersky
    - Unique temporary device identifier on My Kaspersky
    - Region and locale
    - Flag indicating whether the user agrees to provide his / her e-mail address to receive personalized marketing offers
    - One-time password to connect the application automatically
    - Activation code
    - Application ID on My Kaspersky
    - Application ID
    - Application version
    - Application locale
    - General information about the user's device: unique device identifier on My Kaspersky, device’s network name, device type, operating system type, operating system version
    - General information about licenses used in the application: license type, current license status, service information about license, activation error, license expiration date and time, feature array
    - Device token type
    - Service ID
    - Unique ID of user-device binding on My Kaspersky
    - Device hardware ID
    - Device shared secret
    - Notification service type
    - Notification service registration ID
    - Flag indicating whether the notification service token is to be issued
    - SHA-256 hash sum of the device (MAC + My Kaspersky user ID)
    - Device name
    - Device type
    - Device manufacturer
    - Operating system
    - Detection technology
    - Detection technology version

    • Providing You with the core functionality of the acquired Software.

The core functionality of the Software as described in the User Manual is to provide security during use of the Computer. To provide this core functionality, while You are using the Software the Rightholder has to receive from Your device and process information about the installed Software, the scanned objects, information about the Computer and devices connected thereto, the Computer’s activity on the internet, specifically:

All service messages contain:

    - Type and version of the Rightholder’s software installed
    - Protocol version
    - Device type
    - Operating system type
    - Message sender ID which consists of an unique user identifier, unique device identifier, service identifier, and child’s profile identifier if the sender is a child’s device


Update of service tokens:

    - Device shared secret
    - User identification token:
        - Key
        - User region
        - Token TTL
        - Signature
    - Flag indicating whether user has a short password
    - User identification service token
    - Pre-shared key


Short password setup:

    - User identification service token
    - Unique user identification token:
        - Key
        - User region
        - Token TTL
        - Signature
        - Flag indicating whether user has a short password
    - Short password


Information about child’s profile:

    - Child’s name
    - Child’s birthdate
    - Selected image or photograph of the child
    - List of associated devices


Information about Device use control:

    - Information about the time and duration of the active use of the protected device
    - Type of use according to the settings of Rightholder’s application


Information about Web control:

    - Information about the user's web activity: URLs of visited websites; domain parts of web addresses that the user entered in the browser address bar or opened from search systems, or from a web page where the web address was published
    - Information about event time and duration
    - Page URL, page title
    - Reason for blocking URL for which a malware or phishing event was registered
    - Event date
    - List of allowed, monitored and forbidden website categories according to the Rightholder’s classification
    - Flag indicating whether the URL is in the white list or black list
    - Information about search queries:
        - URL of child’s search query
        - Search query text
        - First 10 URLs in the search results
        - Event time


Information about URL reputation:

    - Rightholder’s Software type and version
    - Unique Software installation identifier
    - Protocol type and version, port number
    - MD5 hash of the unique device identifier
    - Version of the set of statistics to be transmitted
    - Operating system version
    - Information about the scanned object:
        - URL where the object was downloaded
        - Name of the detected threat according to the Rightholder’s classification
        - IPv4 address of the host of the blocked object
        - Name, size, and MD5 hash of the application used to download the scanned object
        - Referrer value of the HTTP request
        - Name, size, and MD5 hash of the application that requested the URL
    - Information about the URL used to obtain the reputation of scanned web address:
        - URL
        - Protocol type
        - Port number
        - Unique device identifier
        - Web address of the page on which the scanned web address was published


Information about a child’s requests to access blocked resources:

    - Date and time of request
    - Request ID
    - Request message
    - Request TTL
    - URL if access to web resources is requested
    - Application ID if access to application is requested, level of access, usage time limit, application category according to Rightholder’s classification
    - Message with parent’s decision


Information about the Updater version:

    - Application identifier
    - Active license identifier
    - Unique installation identifier
    - Unique update identifier
    - Application build number (application version)


Information about outgoing and incoming SMS and calls on the device:

    - Event date and time
    - Contact’s first name, middle name, last name or nickname
    - Phone number type
    - Phone number
    - SMS-message type
    - SMS-message status
    - Call duration
    - Call status


Information about uninstallation:

    - Date and time of an attempted uninstallation
    - Service identifier
    - Unique device identifier


Information about installed applications and their use:

    - Application use event
    - Use event date, start and end time
    - Application ID
    - Information about applications installed and applications being installed:
        - MD5 hash of application file
        - UTC time when file was modified
        - UTC time when file was created
        - List of application categories according to Rightholder’s classification
        - List of application age categories
        - Product name
        - Product version
        - Company name
        - File version
        - Original file name
        - File description
        - Full file path
        - Device operating system type
        - Flag indicating whether a file is signed
        - Flag indicating whether a file belongs to a bundle,
        - Bundle version
        - Bundle name
    - A list of deleted application identifiers, bundle identifier, bundle version, application category according to Rightholder’s classification, application icon and resolution, operating system type
    - Application package name, unique device identifier, unique user identifier, type of Rightholder’s product, version of Rightholder’s product


Information about Location control:

    - Information about the protected device’s current coordinates
    - Flag indicating whether the protected device has crossed a particular border (safe perimeter) at a set time
    - Time the protected device will try to get more accurate coordinates in case current coordinates are not precise
    - Information about settings on the protected device:
        - Geolocation services supported on the device
        - Reason for bad geo-positioning, and errors, if any
    - Information about safe perimeter settings


Information about requested reports on child’s activities:

    - User identifier on My Kaspersky
    - Child’s profile identifier
    - Child’s device identifier
    - Time frame for which a report is requested


Information about certificate check:

    - Rightholder’s software type and version
    - Unique software installation identifier
    - Protocol type and version, port number
    - MD5 hash of the unique device identifier
    - URL
    - Certificate serial number
    - IP address
    - MD5 certificate hash
    - Certificate type
    - Certificate contents


2. If You decide not to provide the information necessary for the Rightholder to perform its obligations under this License Agreement as indicated in the Section “Conditions regarding data processing,” You do not agree to the conditions of this License Agreement. In this case, please discontinue installation and/or remove the Software.

3. When You provide Your data through the Software to the Rightholder, the Rightholder handles it according to its Privacy Policy, which describes, in particular, the manner by which the Rightholder protects Your data, where the Rightholder processes Your data, and your rights as the data subject. You can find and read its complete content at www.kaspersky.com/Products-and-Services-Privacy-Policy.

© 2018 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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