Kaspersky Security 10 for Mobile End User License Agreement
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Kaspersky Security 10 for Mobile

 
 
 

Kaspersky Security 10 for Mobile End User License Agreement

Back to "Licensing and Activation"
2018 May 24 ID: 9717
 
 
 
 

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.

 

CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR BY ENTERING CORRESPONDING SYMBOL(-S), YOU CONFIRM IN A LEGALLY BINDING WAY THAT YOU AS THE ORGANIZATION FOR WHICH THE SOFTWARE IS DOWNLOADED OR ACQUIRED HAVE AUTHORIZED THE NATURAL PERSON ACCEPTING THIS LICENSE AGREEMENT TO ENTER INTO THIS LICENSE AGREEMENT FOR AND ON BEHALF OF YOU. FURTHERMORE, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. SUCH ACTION IS A SYMBOL OF YOUR SIGNATURE AND YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT AND AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CANCEL THE INSTALLATION OF THE SOFTWARE AND DO NOT INSTALL THE SOFTWARE.

 

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

 

AFTER CLICKING THE ACCEPT BUTTON IN THE WINDOW CONTAINING THE LICENSE AGREEMENT OR AFTER ENTERING CORRESPONDING SYMBOL(-S), YOU HAVE THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS 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 Object of protection means operating system(s) and system virtual machines and hardware(s) including workstation, the mobile device and server for which the Software was designed and/or where the Software can be installed and/or used as well as email boxes and other objects protected or controlled by the Software.

1.4. 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.

1.5. Standard version of the Software means free of charge version of the Software.

1.6. Extended version of the Software means version of the Software with functionality available only after activation.

1.7. End User (You/Your) means individual(s) installing or using the Software on his or her own behalf or who is legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer. “You” further means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.

1.8. Administration Console is a functionality provided by Kaspersky Security Center — and the dedicated web portal (if available) — used to manage the Software installed and to issue licenses, as well as to store and display information obtained from the Software described in Section 4.

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

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

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

1.12. The activation code is a unique set of 20 characters, which can be used for activation the Software.

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


2. Grant of License

2.1. You are given a non-exclusive license to store, load, install, execute, and display (to “use”) the Software for a specified number of Objects of protection according to all technical requirements described in the User Manual and according to the terms and conditions of this Agreement (the “License”) and you accept this License:

Trial Version. If you have received, downloaded and/or installed a trial version of the Extended version of the Software and are hereby granted an evaluation license for the Extended version of the Software, you may use the Extended version of 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 Extended version 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 Objects of protection for which all versions of the Software are installed shall correspond to the number of Objects of protection specified in licenses you have obtained provided that, unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software for such a number of Object(s) of protection as is specified in Clause 2.2.

2.2. You have the right to use the Extended version of the Software for protection of such a number of Object(s) of protection as is specified on the License Certificate.

2.3. 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.

2.4. From the time of the Extended version of the Software activation or after license key file installation You have the right to receive the following services from the Rightholder or its Partners for the period specified in the License Certificate:

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

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

- Access to information and auxiliary resources of the Rightholder.


3. Term and termination

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 or license key file installation. The Rightholder reserves the right to use any means and verification procedures to verify the validity of the License and/or legality of a copy of the Software installed and/or used on Your Computer.

3.2. You have the right to use a trial version of the Extended version of the Software as provided in Clause 2.1 without any charge for the single applicable evaluation period (30 days) from the time of the Extended version of the Software activation according to this Agreement provided that the trial version does not entitle You to Updates and Technical support via the Internet and Technical support via telephone hotline. If Rightholder sets another duration for the single applicable evaluation period You will be informed via notification.

3.3. Your License to Use the Extended version of the Software is limited to the period of time as specified in the License Certificate, the remaining period can be viewed via means described in the User Manual.

3.4. The functionality the Extended version of Software depends on the type of license being used, which is specified in the License Certificate. Software functionality corresponds to the description in the User Manual.

3.5. After expiration of license period of the Extended version as is specified in Clauses 2.2 or 3.3, the functionality of the Extended version of the Software is limited to the functionality of the Standard version of the Software.

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

3.7. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License without refunding the purchase price or any part thereof.

3.8. To check the legitimacy of the Software use the Rightholder reserves the right to use means to verify that You have licensed copy of the Software.

3.9. You agree that when using the Software, or when using a report or information obtained as a result of using the Software, You shall comply with all international, national, state, regional and local laws and agreements, including (but not limited to) laws pertaining to privacy, copyright, export control and indecent behavior.


4. Using Administration Console and providing information for Administration Console

4.1. As described in the User Guide, the User of Administration Console can obtain information from the Software to track the location of the computer on which the Software is being used, to capture images from the computer's camera (if available), to obtain information about the new phone number if the SIM card is replaced, and to block (unlock) access to information and (or) to the computer on which the Software is installed.

4.2. Data necessary to obtain information about the new phone number if the SIM card is replaced shall be forwarded and processed by a trusted third-party service provider of the Rightholder. The third-party service provider can process the data in countries where the level of identity data protection is below the level of identity data protection in Your country.

4.3. The Rightholder shall not be liable for delays or failures in the operation of the Software resulting from the service provided by Internet service providers and/or mobile communications providers.

4.4. The Software may not be used to carry out illegal activities, including for the purpose of tracking.


5. Technical Support

5.1. The Technical Support described in Clause 2.4 of this Agreement is provided only for Corporate Customers when the latest Update of the Software is installed in accordance with Technical Support rules.

Technical support service and its rules are located at: http://support.kaspersky.com.


6. Conditions regarding Data Processing

6.1. Under this Section additional definitions are introduced:

Data Subject – means a natural person who is a representative of the End User and/or who uses the Software directly or indirectly, including a worker, contractor, employee, or client of the End User in respect of whom the data is transmitted and processed in the context of the End User’s activities, including data which could be determined as personal data under the laws of some countries. Data Subject may also include any individual who communicates and transmits his or her data to the End User.

6.2. Where the Activation Code is used to activate the Software, in order to verify legitimate use of the Software, the End User agrees to periodically provide the Rightholder the following information: the type, version and localization of the installed Software, versions of the installed Updates, the identifier of the Computer and the identifier of the Software installation on the Computer, the activation code and the unique identifier of activation of the current license, activation date and time, the type, version and word size of the operating system, the name of the virtual environment when the Software is installed in the virtual environment, and identifiers of the Software components that are active at the time the information is provided, URL and IP address of activation service, certificate hash sum, certificate type and certificate contents of activation service.

The Rightholder can use such information also for gathering statistical information about the distribution and use of the Rightholder’s Software.

By using the Activation Code, the End User gives its consent to automatically transmit the data specified in this Clause. In case the End User does not agree to provide this information to the Rightholder, the Key File should be used to activate the Software.

6.3. In order to protect the Computer against information security threats, the End User agrees to periodically provide the Rightholder the following information: 

- URL address of the page, port number, URL protocol, URL, which refers to the requested information;

- name of the detected object (file), MD5 hash sum of the detected object (APK file);

- name of the detected object according to the Kaspersky Lab classification, verdict type, database release date and time, Identifier of the anti-virus database record on which the verdict is based;

- application package name, name of store from which the application was downloaded, public key and hash sum of certificate used to sign the APK file.

By using the Software, the End User gives its consent to automatically transmit the data specified in this Clause. In case the End User does not agree to provide this information to the Rightholder, the End User must cancel the installation of the Software and must not install the Software.

6.4. The Rightholder undertakes the processing of all data received from the End User in accordance with the instructions of the End User. License Agreement, in particular the provisions of Section 5 “Conditions regarding Data Processing,” along with use of the functionality of the Software and its configuration by the End User are complete instructions issued by the End User to the Rightholder regarding data processing unless otherwise specified in a separate written agreement between the End User and the Rightholder or its Partners.

6.5. The End User is solely responsible for acquainting itself with the User Manual, particularly in regards to data processing, with the Rightholder’s Privacy Policy, which describes data handling (www.kaspersky.com/Products-and-Services-Privacy-Policy) and independently determining whether they comply with the End User’s requirements.

6.6. The End User must comply with laws that apply to use of the Software, including laws on confidential information, personal data, data protection. The End User is responsible for implementing and maintaining confidentiality and security measures in respect of data when using Software components that process data without the participation of the Rightholder. The End User must determine the appropriate technical and organizational measures for the protection and confidentiality of the data during use of such components of the Software.

6.7. During use of the Software, especially where the End User configures the Software to use the Kaspersky Security Network, the End User is fully responsible for ensuring that the processing of personal data of Data Subjects is lawful, particularly, within the meaning of Article 6 (1) (a) to (f) of Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”) (if Data Subject is in the European Union) or applicable laws on confidential information, personal data, data protection, or similar thereto.

6.8. In case that the End User wants to base the lawfulness of the processing on the consent of its Data Subjects, the End User must ensure that the consent which meets all requirements of the applicable laws, especially where the Data Subject is in the European Union and Article 6 (1) (a) GDPR applies, was given by each Data Subject of the End User prior to using the Software. The End User guarantees that consent of each Data Subject of the End User was obtained prior to the processing of personal data.

6.9. It is agreed between the Rightholder and End User that, in case of item 6.8 of this License Agreement, the End User is responsible for proving the existence of effective consent to the processing of personal data, especially according to Article 7 (1) GDPR where Data Subject is in the European Union. The End User guarantees that it is able to and will prove the existence of each Data Subject’s consent at any time upon request by the Rightholder within 5 business days starting with the request of the Rightholder.

6.10. Furthermore, in case of item 6.8 of this License Agreement, the End User is obliged and has the full and sole responsibility to provide each individual Data Subject with all information required by applicable law to obtain consent, especially under Article 13 GDPR (if Data Subject is in the European Union), prior to using the Software. In particular, the End User is obliged to provide each Data Subject in the European Union, or where applicable law requires, with the Rightholder’s Privacy Policy (www.kaspersky.com/Products-and-Services-Privacy-Policy) prior to using the Software.

6.11. The End User shall be fully liable in relation to the Rightholder for any damage resulting from a breach of this License Agreement, in particular the End User’s failure to obtain effective consent of Data Subject, where applicable, and/or from a failure to obtain sufficient effective consent and/or from the lack of proof and/or belated proof of effective consent of Data Subject and/or from any other violation of an obligation under this agreement.   

6.12. The End User shall indemnify the Rightholder in relation to third parties from the claims arising from the failure of End User to fulfill obligations under Section 6 “Conditions regarding Data Processing” which third parties, especially the supervisory data protection authorities, assert against the Rightholder.


7. Limitations

7.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waivable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither Software’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.

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

7.3. You shall not provide the activation code and/or license key file to third parties or allow third parties access to the activation code and/or license key which are deemed confidential data of Rightholder.

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

7.5. 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.

7.6. Your key file can be blocked in case You breach any of the terms and conditions of this Agreement.

7.7. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Clause 5 of this Agreement and You don’t have the right to transfer the license or the rights to use the Software to any third party.

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


8. Limited Warranty and Disclaimer

8.1. The Rightholder guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the User Manual provided however that such limited warranty shall not apply to the following: (w) Your Computer’s deficiencies and related infringement for which Rightholder’s expressly disclaims any warranty responsibility; (x) malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than Rightholder; or any other third parties’ or Your actions or causes beyond Rightholder’s reasonable control; (y) any defect not made known by You to Rightholder as soon as practical after the defect first appears; and (z) incompatibility caused by hardware and/or software components installed on Your Computer.

8.2. 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.

8.3. 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.

8.4. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.4 of this Agreement.

8.5. The Rightholder does not guarantee protection from the threats described in the User Manual after the expiration of the period specified in the License Certificate or after the License to use the Software is terminated for any reason.

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

8.7. 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.


9. Exclusion and Limitation of Liability

9.1. 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.


10. GNU and Other Third Party Licenses

10.1. The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code (“Open Source Software”). If such licenses require that for any software, which is distributed to someone in an executable binary format, the source code also be made available to those users, then the source code should be made available by sending the request to 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.


11. Intellectual Property Ownership

11.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software, are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its partners and that the Rightholder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the Russian Federation, European Union and the United States of America, as well as other countries and international treaties. This Agreement does not grant to You any rights to the intellectual property including any trademarks or service marks of the Rightholder and/or its partners (“Trademarks”). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Rightholder reserves all rights not expressly granted to you in this Agreement.

11.2. 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.


12. Governing Law; Arbitration

12.1. This Agreement will be governed by and construed in accordance with the laws of the Russian Federation without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of this Agreement or any breach thereof shall, unless it is settled by direct negotiation, be settled by International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry in Moscow, the Russian Federation. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this Section 12 shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.


13. Period for Bringing Actions

13.1. 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.


14. Entire Agreement; Severability; No Waiver

14.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. 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.


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, Bldg. 3, 39A, Leningradskoe Shosse

Moscow, 125212 Russian Federation

E-mail: info@kaspersky.com

Web site: www.kaspersky.com


© 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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