NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"),
FOR THE LICENCE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY KASPERSKY LAB.
("KASPERSKY LAB").
IF YOU HAVE PURCHASED THIS SOFTWARE VIA INTERNET BY CLICKING THE ACCEPT BUTTON,
YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME
A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF
THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.
IF YOU HAVE PURCHASED THIS SOFTWARE ON A PHYSICAL MEDIUM, HAVING BROKEN THE
CD'S SLEEVE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE CONSENTING TO BE
BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT DO NOT BREAK THE CD's SLEEVE ,DOWNLOAD, INSTALL OR USE THIS SOFTWARE.
YOU MAY RETURN THIS SOFTWARE FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND
EXPIRES 30 DAYS AFTER PURCHASE FROM AN AUTHORISED KASPERSKY LAB DISTRIBUTOR OR
RESELLER. THE RIGHT TO RETURN AND REFUND EXTENDS ONLY TO THE ORIGINAL PURCHASER.
All references to "Software" herein shall be deemed to include the software
activation key ("Key Identification File") with which you will be provided by
Kaspersky Lab as part of the Software.
1. Licence Grant. Subject to the payment of the applicable licence fees, and
subject to the terms and conditions of this Agreement, Kaspersky Lab hereby
grants to you a non-exclusive, non-transferable right to use one copy of the
specified version of the Software and the accompanying documentation
(the "Documentation") for the term of this Agreement solely for your own
internal business purposes. You may install one copy of the Software on one
computer, workstation, personal digital assistant, or other electronic device
for which the Software was designed (each, a "Client Device"). If the
Software is licensed as a suite or bundle with more than one specified
Software produce, this licence applies to all such specified Software
products, subject to any restrictions or usage terms specified on the
applicable price list or product packaging that apply to any of such Software
products individually.
1.1 Use. The Software is licensed as a single product; it may not be used on
more than one Client Device or by more than one user at a time, except as
set forth in this Section.
1.1.1 The Software is "in use" on a Client Device when it is loaded into the
temporary memory (i.e., random-access memory or RAM) or installed into the
permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that
Client Device. This licence authorizes you to make only as many back-up
copies of the Software as are necessary for its lawful use and solely for
back-up purposes, provided that all such copies contain all of the
Software's proprietary notices. You will maintain records of the number
and location of all copies of the Software and Documentation and will take
all reasonable precautions to protect the Software from unauthorised copying
or use.
1.1.2 If you sell the Client Device on which the Software is installed, you
will ensure that all copies of the Software have been previously deleted.
1.1.3 You shall not decompile, reverse engineer, disassemble or otherwise reduce
any party of this Software to human readable form nor permit any third party
to do so. The interface information necessary to achieve interoperability of
the Software with independently created computer programs will be provided by
Kaspersky Lab on request on payment of its reasonable costs and expenses for
procuring and supplying such information. In the event Kaspersky Lab
notifies you that it does not intend to make such information available for
any reason, including (without limitation) costs, you shall be permitted to
take such steps to achieve interoperability provided that you may only
reverse engineer or decompile to the extent permitted by law.
1.1.4 You shall not, nor permit any third party to copy (other than as expressly
permitted herein), make error corrections to or otherwise modify, adapt or
translate the Software nor create derivative works of the Software.
1.1.5 You shall not rent, lease or lend the Software to any other person, nor
transfer or sub-licence your licence rights to any other person.
1.2 Server-Mode Use. You may use the Software on a Client Device or on or as a
server ("Server") within a multi-user or networked environment
("Server-Mode") only if such use is permitted in the applicable price list or
product packaging for the Software. A separate licence is required for each
Client Device or "seat" that may connect to the Server at any time,
regardless of whether such licenced Client Devices or seats are concurrently
connected to or actually accessing or using the Software. Use of software or
hardware that reduces the number of Client Devices or seats directly
accessing or utilizing the Software (e.g., "multiplexing" or "pooling"
software or hardware) does not reduce the number of licences required (i.e.,
the required number of licences would equal the number of distinct inputs to
the multiplexing or pooling software or hardware "front end"). If the number
of Client Devices or seats that can connect to the Software can exceed the
number of licences you have obtained, then you much have a reasonable
mechanism in place to ensure that your use of the Software does not exceed
the use limits specified for the licence you have obtained. This licence
authorises you to make or download such copies of the Documentation for each
Client Device or seat that is licensed as are necessary for its lawful use,
provided that each such copy contains all of the Documentation proprietary
notices.
1.3 Volume Licences. If the Software is licensed with volume licence terms
specified in the applicable product invoicing or packaging for the Software,
you may make, use or install as many additional copies of the Software on the
number of Client Devices as the volume licence terms specify. You must have
reasonable mechanisms in place to ensure that the number of Client Devices on
which the Software has been installed does not exceed the number of licences
you have obtained. This licence authorizes you to make or download one copy
of the Documentation for each additional copy authorized by the volume
licence, provided that each such copy contains all of the Document's
proprietary notices.
2. Term. This Agreement is effective for [one (1)] year unless and until
earlier terminated as set forth herein. This Agreement will terminate
automatically if you fail to comply with any of the conditions, limitations
or other requirements described herein. Upon any termination or expiration
of this Agreement, you must immediately destroy all copies of the Software
and the Documentation. You may terminate this Agreement at any point by
destroying all copies of the Software and the Documentation.
3. Support.
(i) Kaspersky Lab will provide you with the support services ("Support Services")
as defined below for a period of one year on:
(a) payment of its then current support charge; and
(b) successful completion of the Support Services Subscription Form as
provided to you with this Agreement or as available on the Kaspersky
Lab website, which will require you to produce the Key
Identification File which will have been provided to you by
Kaspersky Lab with this Agreement. It shall be in the absolute
discretion of Kaspersky Lab whether or not you have satisfied this
condition for the provision of Support Services.
(ii) Support Services will terminate unless renewed annually by payment of the
then current annual support charge and by successful completion of the
Support Services Subscription Form again.
(iii) By completion of the Support Services Subscription Form you consent to the
terms of the Kaspersky Lab Privacy Policy which is attached to this
Agreement, and you explicitly consent to the transfer of data to other
countries outside your own as set out in the Privacy Policy.
(iv) "Support Services" means
(a) Free software updates, including version upgrades;
(b) Extended technical support via E-mail and hot phone-line provided by
Vendor and/or Reseller;
4. Ownership Rights. The Software is protected by copyright laws. Kaspersky
Lab and its suppliers own and retain all right, title and interest in and to
the Software, including all copyrights, patents, 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.
5. Confidentiality. You agree that the Software and the Documentation,
including the specific design and structure of individual programs and the
Key Identification File constitute confidential proprietary information of
Kaspersky Lab. You shall not disclose, provide or otherwise make available
such confidential information in any form to any third party without the
prior written consent of Kaspersky Lab. You shall implement reasonable
security measures to protect such confidential information, but without
limitation to the foregoing shall use best endeavours to maintain the
security of the Key Identification File.
6. Limited Warranty
(i) Kaspersky Lab warrants that for [90] days from first download or
installation the Software will perform substantially in accordance with
the functionality described in the Documentation when operated properly
and in the manner specified in the Documentation.
(ii) You accept all responsibility for the selection of this Software to meet
your requirements. Kaspersky Lab does not warrant that the Software
and/or the Documentation will be suitable for such requirements nor that
any use will be uninterrupted and error free;
(iii) Your sole remedy and the entire liability of Kaspersky Lab for breach of
the warranty at paragraph (i) will be at Kaspersky Lab option, to repair,
replace or refund of the Software if reported to Kaspersky Lab or its
designee during the warranty period. You shall provide all information as
may be reasonably necessary to assist the Supplier in resolving the
defective item;
(iv) The warranty in (i) shall not apply if you (a) make or cause to be made
any modifications to this Software without the consent of Kaspersky Lab,
(b) use the Software in a manner for which it was not intended or (c) use
the Software other than as permitted under this Agreement;
(v) The warranties and conditions stated in this Agreement are in lieu of all
other conditions, warranties or other terms concerning the supply or
purported supply of, failure to supply or delay in supplying the Software
or the Documentation which might but for this paragraph (v) have effect
between the Kaspersky Lab and your or would otherwise be implied into or
incorporated into this Agreement or any collateral contract, whether by
statute, common law or otherwise, all of which are hereby excluded
(including, without limitation, the implied conditions, warranties or
other terms as to satisfactory quality, fitness for purpose or as to the
use of reasonable skill and care).
7. Limitation of Liability
(i) Nothing in this Agreement shall exclude or limit Kaspersky Lab' liability for (i) the tort of deceit, (ii) death or personal injury caused by its breach of a common law duty of care or any negligent breach of a term of this Agreement, (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982 or (iv) any liability which cannot be excluded by law.
(ii) Subject to paragraph (i), the Supplier shall have no liability (whether in contract, tort, restitution or otherwise) for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
(a) Loss of revenue;
(b) Loss of actual or anticipated profits (including for loss of profits on contracts);
(c) Loss of the use of money;
(d) Loss of anticipated savings;
(e) Loss of business;
(f) Loss of opportunity;
(g) Loss of goodwill;
(h) Loss of reputation;
(i) Loss of, damage to or corruption of data; or
(j) Any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in paragraph (ii), (a) to (ii), (i).
(iii) Subject to paragraph (i), the Kaspersky Lab liability (whether in
contract, tort, restitution or otherwise) arising out of or in connection
with the supply of the Software shall in no circumstances exceed a sum
equal to the amount equally paid by you for the Software.
8. The construction and interpretation of this Agreement shall be governed in
accordance with the laws of England and Wales. The parties hereby submit to
the jurisdiction of the courts of England and Wales save that Kaspersky Lab
as claimant shall be entitled to initiate proceedings in any court of
competent jurisdiction.
9. (i) This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof and supersedes all and any prior
understandings, undertakings and promises between you and Kaspersky
Lab, whether oral or in writing, which have been given or may be
implied from anything written or said in negotiations between us or
our representatives prior to this Agreement and all prior agreements
between the parties relating to the matters aforesaid shall cease to
have effect as from the Effective Date. Save as provided in
paragraphs (ii) - (iii), you shall not have any remedy in respect of
an untrue statement made to you upon which you relied in entering into
this Agreement ("Misrepresentation") and Kaspersky Lab shall not have
any liability to the other than pursuant to the express terms of this
Agreement.
(ii) Nothing in this Agreement shall exclude or limit Kaspersky Lab'
liability for any Misrepresentation made by it knowing that it was
untrue.
(iii) The liability of Kaspersky Lab for Misrepresentation as to a
fundamental matter, including a matter fundamental to the maker's
ability to perform its obligations under this Agreement, shall be
subject to the limitation of liability set out in paragraph 7(iii).
