Americas
Americas
Argentina [https://www.avast.com/es-ar/eula]Brasil
[https://www.avast.com/pt-br/eula]Canada (English)
[https://www.avast.com/en-ca/eula]Canada (français)
[https://www.avast.com/fr-ca/eula]Chile
[https://www.avast.com/es-cl/eula]Colombia
[https://www.avast.com/es-co/eula]EE.UU. (español)
[https://www.avast.com/es-us/eula]México [https://www.avast.com/es-mx/eula]USA
(English) [https://www.avast.com/en-us/eula]
América Latina (español) [https://www.avast.com/es-ww/eula]
Europe, Middle East & Africa
Europe, Middle East & Africa
België (Nederlands) [https://www.avast.com/nl-be/eula]Belgique (français)
[https://www.avast.com/fr-be/eula]Česká republika
[https://www.avast.com/cs-cz/eula]Danmark
[https://www.avast.com/da-dk/eula]Deutschland
[https://www.avast.com/de-de/eula]España
[https://www.avast.com/es-es/eula]France
[https://www.avast.com/fr-fr/eula]Italia
[https://www.avast.com/it-it/eula]Magyarország
[https://www.avast.com/hu-hu/eula]Nederland
[https://www.avast.com/nl-nl/eula]Norge [https://www.avast.com/no-no/eula]
Polska [https://www.avast.com/pl-pl/eula]Portugal
[https://www.avast.com/pt-pt/eula]România
[https://www.avast.com/ro-ro/eula]Schweiz (Deutsch)
[https://www.avast.com/de-ch/eula]Slovensko (česky)
[https://www.avast.com/cs-sk/eula]South Africa
[https://www.avast.com/en-za/eula]Suisse (français)
[https://www.avast.com/fr-ch/eula]Suomi
[https://www.avast.com/fi-fi/eula]Sverige
[https://www.avast.com/sv-se/eula]Türkiye
[https://www.avast.com/tr-tr/eula]United Arab Emirates
[https://www.avast.com/en-ae/eula]
United Kingdom [https://www.avast.com/en-gb/eula]Ελλάδα
[https://www.avast.com/el-gr/eula]ישראל
[https://www.avast.com/he-il/eula]Казахстан
[https://www.avast.com/ru-kz/eula]Россия [https://www.avast.ru/eula]Україна
(українська) [https://www.avast.ua/eula]Украина (русский)
[https://www.avast.ua/ru-ua/eula]المملكة العربية السعودية
[https://www.avast.com/ar-sa/eula]الدول العربية
[https://www.avast.com/ar-ww/eula]
Europe (English) [https://www.avast.com/en-eu/eula]
Worldwide (English) [https://www.avast.com/eula]
Asia & Pacific
Asia & Pacific
Australia [https://www.avast.com/en-au/eula]India
[https://www.avast.com/en-in/eula]इंडिया (हिंदी)
[https://www.avast.com/hi-in/eula]Indonesia (English)
[https://www.avast.com/en-id/eula]Indonesia (Bahasa Indonesia)
[https://www.avast.com/id-id/eula]Malaysia (English)
[https://www.avast.com/en-my/eula]Malaysia (Bahasa Melayu)
[https://www.avast.com/ms-my/eula]New Zealand
[https://www.avast.com/en-nz/eula]Philippines (English)
[https://www.avast.com/en-ph/eula]Pilipinas (Filipino)
[https://www.avast.com/tl-ph/eula]Singapore [https://www.avast.com/en-sg/eula]
Việt Nam [https://www.avast.com/vi-vn/eula]日本語
[https://www.avast.co.jp/eula]대한민국 [https://www.avast.com/ko-kr/eula]简体中文
[https://www.avast.com/zh-cn/eula]繁體中文
[https://www.avast.com/zh-tw/eula]ประเทศไทย [https://www.avast.com/th-th/eula]
América Latina (español) [https://www.avast.com/es-ww/eula]
Europe (English) [https://www.avast.com/en-eu/eula]
Worldwide (English) [https://www.avast.com/eula]
* For home
Products for PC and mobile phone protection
For home [/index]
* For business
Protect your business with Avast
For business [/business]
* For partners
Partner with Avast and boost your business
For partners [/partners]
* About us
Careers, media, contact
About us [/about]
* Blogs
Academy, Blog, Decoded, Forum
Blogs
* Avast Blog
Read about recent news from the security world
[https://blog.avast.com/?inid=avastcom-eula_topnav_blog]
* Avast Academy
Expert tips and guides about digital security and privacy
[https://www.avast.com/c-academy]
* Avast Decoded
In-depth technical articles regarding security threats
[https://decoded.avast.io/?inid=avastcom-eula_topnav_decoded]
* Avast Forum
Discuss with the community
[https://forum.avast.com/?inid=avastcom-eula_topnav_forum]
Blogs
* Worldwide (English)
* Security
* Free Antivirus
Free security and privacy protection
[/free-antivirus-download]
Free Antivirus
Free security and privacy protection
[/free-mac-security]
Free Antivirus
Free security and privacy protection
[/free-mobile-security]
Free Antivirus
Free security and privacy protection
[/free-ios-security]
* Premium Security
Advanced security against all internet threats
[/premium-security]
* Ultimate
Our best security, privacy, and performance apps in one package
[/ultimate]
* Avast One
* Security
* Avast One
Our simplest all-in-one app for your devices
[/avast-one]
[/avast-one]
* Free Antivirus part of the Avast One app
Basic protection for your devices
[/free-antivirus-download]
Free Antivirus part of the Avast One app
Basic protection for your devices
[/free-mac-security]
Free Antivirus part of the Avast One app
Basic protection for your devices
[/free-mobile-security]
Free Antivirus part of the Avast One app
Basic protection for your devices
[/free-ios-security]
* Premium Security available in the Avast One app
Comprehensive protection against internet threats
[/premium-security]
* Ultimate bundle
The best of Avast One: premium features for security, privacy, and
performance for an affordable price
[/ultimate]
Looking for a product for your device?
Looking for a product for your device?
Free Antivirus for PC [/free-antivirus-download], Free Security for Mac
[/free-mac-security], Free Security for Android [/free-mobile-security], Free
Security for iPhone/iPad [/free-ios-security]
* Privacy
* SecureLine VPN
Encrypt your connection to stay safe on public networks
[/secureline-vpn]
* AntiTrack
Disguise your digital fingerprint to avoid personalized ads
[/antitrack]
* Secure Browser
Secure, private, and easy to use web browser
[/secure-browser]
* Secure Browser PRO
Unlock the full potential of Avast Secure Browser and fully encrypt your
online activity
[/secure-browser-pro]
* BreachGuard
Protect your personal info from being exposed and sold
[/breachguard]
* Online Security & Privacy
Privacy and security browser extension from Avast
[/avast-online-security]
* Performance
* Cleanup Premium
Boost your computer’s speed and performance
[/cleanup]
Cleanup Premium
Boost your computer’s speed and performance
[/cleanup-mac]
Cleanup Premium
Boost your computer’s speed and performance
[/cleanup-android]
Cleanup Premium
Boost your computer’s speed and performance
[/cleanup-ios]
* Driver Updater
Automatically update drivers with a single click
[/driver-updater]
* Store [/store]
* Home [/index]
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For home
* Products
* Small & Home Office [/business/products/home-office]
Protect up to 10 devices, including laptops, mobile, computers, and
tablets with Small Office Protection
[/business/products/small-office-protection].
* Small Businesses [/business/products/small-business]
Essential [/business/products/essential], Premium
[/business/products/premium], or Ultimate
[/business/products/ultimate] Business Security managed from integrated,
cloud-based Business Hub platform.
* Specialised products
* Patch Management [/business/products/patch-management]
* Cloud Backup [/business/business-hub/cloud-backup-for-small-business]
* Premium Remote Control [/business/console/premium-remote-control]
* Antivirus for Linux [/business/products/linux-antivirus]
* CCleaner [/business/products/ccleaner]
Not sure which solution is right for your business?
Help me choose [/free-antivirus-download]
* Business partners
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* Affiliates [/affiliates]
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* Store [/business/store]
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* Support [/business/support]
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* Account
* Business Hub
[https://id.avast.com/?target=https://business.avast.com:443/&inid=avastcom-eula_topnav_id#login]
* CloudCare [https://us.cloudcare.avg.com/?inid=avastcom-eula_topnav_]
* Partner Portal
[https://partners.avast.com/s/login/?inid=avastcom-eula_topnav_partners]
For business
* Smart Life [/partners/smartlife]
* Mobile Security [/partners/mobile-security]
* VPN [/partners/vpn]
* Threat Intelligence [/partners/threat-intelligence]
* Knowledge Center [/partners/knowledge]
For partners
* About Avast [/about]
* Careers [/careers]
* Privacy
* * Privacy [/privacy]
* Expert guides [/c-category-privacy]
* Privacy blogs
[https://blog.avast.com/topic/privacy?inid=avastcom-eula_topnav_blog]
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* Press center
* * Press releases
[https://press.avast.com/?inid=avastcom-eula_topnav_press]
* Events [https://press.avast.com/events?inid=avastcom-eula_topnav_press]
* In the news
[https://press.avast.com/news?inid=avastcom-eula_topnav_press]
* Media materials
[https://press.avast.com/media-materials?inid=avastcom-eula_topnav_press]
* PR contacts
[https://press.avast.com/contacts?inid=avastcom-eula_topnav_press]
* Awards [/awards-certifications]
* Contact us [/contacts]
About us
END USER LICENSE AGREEMENT
Version 1.16 (Revised January 23, 2026)
Please read the terms and conditions of this End User License Agreement
(“Agreement”) carefully before you use the Solution (as defined below). This is
a legally binding contract. By assenting electronically, or installing the
Solution or using the Solution, you accept all the terms and conditions of this
Agreement on behalf of yourself and any entity or individual you represent or
for whose Device you acquire the Solution (collectively “you”). If you do not
agree with the terms and conditions of this Agreement, do not continue the
installation process, do not use the Solution and delete or destroy all copies
of the Solution in your possession or control.
This Agreement relates to your use of certain software (“Software”), services or
hardware and related firmware, including any Updates (each, a “Solution”) in
connection with which you are accepting this Agreement, and any related
Documentation. In this Agreement, “Vendor” means the entity providing the
Solution to you, which will differ depending on your location, as follows:
a. North, Central, and South America
Gen Digital Inc.
60 E. Rio Salado Parkway, Suite 1000
Tempe, AZ 85281, USA
b. Ireland, United Kingdom, Belgium, Netherlands, and Luxemburg
NortonLifeLock Ireland Limited
Ballycoolin Business Park, Ballycoolin, Blanchardstown
Dublin, Ireland
c. Japan
NortonLifeLock Japan KK
Ark Mori Building 12th Floor, 1-12-32 Akasaka, Minato-ku
Tokyo 107- 6012, Japan
d. Australia, all other Asian Pacific Countries
NortonLifeLock Singapore Pte Ltd
8 Marina Boulevard, #05-02, Marina Bay Financial Centre
Singapore, 018981
e. Spain, France, Italy, and the rest of Europe, Middle East, and Africa
Avast Software s.r.o.
Pikrtova 1737/1a, Nusle, 140 00 Praha 4
Czech Republic
“Documentation” means any user manuals and instructions provided with the
Solution; and “Applicable Conditions” means collectively the Subscription Period
together with the types of Devices, Permitted Number of Devices, other
transaction terms, conditions and documents you accepted when you acquired the
Solution (including any terms and conditions of sale), and any distribution
agreement, reseller agreement, partner agreement or other agreement between you
and Vendor or other member of Vendor Group, as well as the other limitations
described by Section 2 and the Documentation.
Please note that this Agreement comes in two parts. Sections 1 through 12 of
this Agreement apply to all Solutions, including those listed below. Section 13
sets out additional terms and conditions affecting specific Solutions or
categories of Solutions, including Third Party Software, Services and other
Products (Section 13.1); Managed Service Provider Licenses (Section 13.2);
Browser Cleanup (Section 13.3); WiFi Finder (Section 13.4); Avast Family Space
(also sold as Star Guard Family, Vodafone Family Protect and WINDTRE Family
Protect) (Section 13.5); Mobile Apps (Section 13.6); Technician Edition (Section
13.7); Assurance Plan (Section 13.8); Premium Technical Support (Section 13.9);
Remote Access; Assistance Software (Section 13.10); Avast Driver Updater
(Section 13.11), Avast Secure Web Gateway or Avast Secure Internet Gateway
(Section 13.12), certain HMA services (Section 13.13), Vendor’s Virtual Private
Network Solutions (Section 13.14), any dongle or appliance Avast provides you as
part of your subscription (Section 13.15), and Mobile Threat Intelligence
Platform (Section 13.16). This Agreement supersedes and replaces any other
agreement you previously entered into with respect to a prior version of the
Solution.
Vendor may amend this Agreement at any time by notice provided to you in
accordance with this Agreement, and your continued use of any affected Solution
at any point at least 30 days after the notice date will constitute your
acceptance of the amendment of this Agreement. Vendor may require that you
accept the amended Agreement in order to continue using any affected Solution
you have previously acquired. If you decline to accept the amended Agreement,
Vendor may terminate your use of such affected Solution, in which case you may
obtain a refund for the portion of the subscription fee you have paid for the
unexpired or unused portion of the Subscription Period by following the
instructions found here [https://www.avast.com/refund-policy].
1. LICENSE
Vendor grants to you a non-exclusive license to use the Solution and the
Documentation for the agreed period indicated in the Applicable Conditions,
including any extensions or renewals of the agreed period (the “Subscription
Period”), provided that you agree to the terms and conditions of this Agreement.
With respect to free products, including Avast Free Antivirus, the applicable
Subscription Period shall last for 30 days prior to expiration, however Vendor
retains the sole right to extend the Subscription Period for additional periods.
2. PERMITTED USE OF THE SOLUTION
2.1. You may use the Solution on, or to support, up to the agreed number (the
“Permitted Number of Devices”) of mobile phones, smartphones, tablets, mobile
network appliances, other mobile devices (each, a “Mobile Device”), personal
computers, IoT and other Internet-connected devices, or other device compatible
with the Solution (each, including each Mobile Device, a “Device”) indicated in
the Applicable Conditions exclusively:
2.1.1. In the case of Solutions that Vendor designates for corporate, commercial
or business use (each, a “Business Solution”), by you or your affiliates (those
entities controlling you, controlled by you or under common control with you)
for internal business purposes. In the event of any such use of the Business
Solution by your affiliate, you are responsible for your affiliate’s compliance
with this Agreement, and a breach by your affiliate will be deemed a breach by
you. Any obligations of Vendor under this Agreement will be owed solely to you
and not your affiliates that use the Business Solution under the terms and
conditions of this Agreement.
2.1.2. In the case of all other Solutions, including Avast Free Antivirus, AVG
Free Antivirus, CCleaner Free and all other Solutions for which you are not
required to pay a subscription fee or other price either to obtain the Solution
or to continue using the Solution after a trial period (each, a “Consumer
Solution”), by a natural person, or members of his household for personal,
noncommercial purposes. For the avoidance of doubt, no Consumer Solution is
provided or licensed for use by any: (i) natural person for commercial purposes;
or (ii) business, company, government entity, non-governmental organization or
other not-for-profit entity, or educational institution.
2.2. You may make one backup copy of Software.
2.3. Provided the Solution is configured for network use, you may use the
Solution on one or more file servers or virtual machines for use on a single
local area network for only one (but not more than one) of the following
purposes:
2.3.1. Permanent installation of Software onto hard disks or other storage
devices for up to the Permitted Number of Devices; or
2.3.2. Use of the Solution over such single local area network, provided the
number of different Devices on which the Solution is used does not exceed the
Permitted Number of Devices; or
2.3.3. If the Applicable Conditions grant you the right to use the Solution in
providing MSP Services, use of the Solution as described in Section 13.2.
2.4. YOUR USE OF THE SOLUTION OTHER THAN AS EXPRESSLY AUTHORIZED BY SECTION 2 OF
THIS AGREEMENT, OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOLUTION,
CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE
COPYRIGHT LAWS.
2A. AUTO-RENEWAL
This Section 2A sets out some important provisions relating to the way your
auto-renewing subscription functions. Further important provisions (such as your
‘right of withdrawal’) are set out in the terms made available by the entity
from which you purchased the Solution (“Distributor”) and accepted by you as
governing your subscription.
2A.1 Your subscription will automatically renew, and for annual subscriptions
you will be notified in advance of the renewal. Please note that the renewal
price may be different to the price you paid for the existing Subscription
Period, and the notification in advance of the renewal will include how much the
subsequent Subscription Period will cost, when you will be charged and how long
the subsequent Subscription Period will last.
2A.2 Unless otherwise cancelled, the Distributor will attempt to take payment
from you (using your saved credit card or bank account details), for the
subsequent Subscription Period, up to thirty five (35) days in advance of the
renewal date.
2A.3 To the extent payment is unable to be taken on the first attempt, the
Distributor will make further attempts to take payment up to 15 days after the
renewal date and you may be contacted to update your payment details.
2A.4 Upon automatic renewal of your subscription, you will receive a
confirmation email which shall include all the key information in respect of
your automatic renewal and the duration of the subsequent Subscription Period.
2A.5 You are entitled to switch-off the auto-renewal of your subscription using
the process notified to you during the order process for the subscription,
meaning that your subscription will come to an end when the then current
Subscription Period expires. Once you have elected to cancel the auto-renewal of
your subscription, auto-renewal will remain cancelled unless you subsequently
agree to a new subscription.
2A.6 If your subscription auto-renews, you may cancel that renewal no later than
30 days following such renewal date. If the Distributor has taken payment for
the next Subscription Period (“Renewal Payment”) then you will receive a full
refund of the Renewal Payment.
3. UPDATES
Vendor, from time to time during the Subscription Period and without your
separate permission or consent, may from time to time deploy an upgrade or
update of, or replacement for, any Solution (“Update”), and as a result of any
such deployment you may not be able to use the applicable Solution or Device (or
certain functions of the Device) until any such Update is fully installed or
activated. Each Update will be deemed to form a part of the “Solution” for all
purposes under this Agreement. Updates may include both additions to, and
removal of, any particular features or functionality offered by a Solution or
may replace it entirely, and Vendor will determine the content, features and
functionality of the updated Solution in its sole discretion. Vendor is not
required to offer you the option to decline or delay Updates but, in any event,
you may need to download and permit installation or activation of all available
Updates to obtain maximum benefit from the Solution. Vendor may stop providing
support for a Solution until you have accepted and installed or activated all
Updates. Vendor in its sole discretion will determine when and if Updates are
appropriate and has no obligation to make any Updates available to you. Vendor
in its sole discretion may stop providing Updates for any version of the
Solution other than the most current version, or Updates supporting use of the
Solution in connection with any versions of operating systems, email programs,
browser programs and other software with which the Solution is designed to
operate.
4. OWNERSHIP RIGHTS
4.1. The Solutions and Documentation are the intellectual property of Vendor and
are protected by applicable copyright laws, international treaty provisions and
other applicable laws of the country in which the Solution is being used. The
structure, organization and computer code of any Software and firmware are
valuable trade secrets and confidential information of Vendor. To the extent you
provide any comments or suggestions about the Solution to Vendor, you grant
Vendor the right and license to retain and use any such comments or suggestions
for any purpose in its current or future products or services, without further
compensation to you and without your approval of such retention or use.
4.2. Except as stated in this Agreement, your possession, use of a Solution does
not grant you any rights or title to any intellectual property rights in the
Solution or Documentation. All rights to the Solution and Documentation,
including all associated copyrights, patents, trade secret rights, trademarks
and other intellectual property rights, are reserved by Vendor.
5. RESTRICTIONS
5.1. You may not copy or use the Solution or the Documentation except as set
forth in Section 2 [https://www.avast.com/eula#solution] of this Agreement. You
may not, and may not permit any third party to:
5.1.1. use any authorization code, license number, username/password combination
or other activation code or number supplied by Vendor in connection with any
Solution (“Activation Code”) on, or for, more than the number of Devices
specified by the Applicable Conditions;
5.1.2. disclose any Activation Code to any party other than Vendor or Vendor’s
designated representatives;
5.1.3. except as expressly authorized by law: (i) reverse engineer, disassemble,
decompile, translate, reconstruct, transform or extract any Solution or any
portion of the Solution (including any related Malicious Code (as defined below)
signatures and Malicious Code detection routines); or (ii) change, modify or
otherwise alter any Solution (including any related Malicious Code signatures
and Malicious Code detection routines). “Malicious Code” means any code,
feature, routine or device intended, or designed automatically, or on a certain
event occurring, or on your taking or failing to take a certain action, or at
the direction or control of any person or entity, to: (a) disrupt the operation
of any software, service, device, property, network or data; (b) cause any
software, service, device, property, network or data to be destroyed, altered,
erased, damaged, or otherwise cause its operation to be disrupted or degraded;
or (c) permit any person or entity to access, take control of, or destroy,
alter, erase, damage, or otherwise disrupt or degrade the operation of any
portion of any software, service, device, property, network or data, and any
computer virus, worm, trap door, back door, time bomb, malicious program, or a
mechanism such as a software lock or routine for password checking, CPU serial
number checking, time dependency or any other code intended or designed to
enable any matters described in this definition (including Java applets, ActiveX
controls, scripting languages, browser plug-ins or pushed content);
5.1.4. except as authorized by a distribution agreement, reseller agreement or
other agreement between you and Vendor or other member of Vendor Group, publish,
resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent,
share or sublicense any Solution;
5.1.5. except as expressly authorized by this Agreement (including
Sections 13.2, 13.5 and 13.7), the Applicable Conditions or another agreement
between you and Vendor or other member of Vendor Group, use any Solution to
manage the facilities of a third party or grant any third party access to or use
of any Solution on a service bureau, timesharing, subscription service or
application service provider or other similar basis;
5.1.6. use any Solution to provide or build a product or service that competes
with the Solution;
5.1.7. use or attempt to use any Solution to: (i) upload, download, stream,
transmit, copy or store any information, data, or materials, or engage or assist
in any activity that may: (A) infringe the intellectual property rights or other
rights of any third party; (B) contain any unlawful, harmful, threatening,
abusive, defamatory or otherwise objectionable material of any kind, (C) harm or
attempt to harm others; (D) have the potential to incite or produce conduct that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
libelous, vulgar, obscene, invasive of another’s privacy, hateful, or racially,
ethnically, religiously or sexually discriminatory or otherwise objectionable;
(E) promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote any
act of cruelty to animals; (F) impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity; or (G) assist any fraud,
deception or theft; or (H) damage, disable or impair the operation of, or gain
or attempt to gain unauthorized access, receipt, use, copying, alteration or
destruction of or to, any property, Devices, software, services, networks or
data by any means, including by hacking, phishing, spoofing or seeking to
circumvent or defeat any firewalls, password protection or other information
security protections or controls of whatever nature; (ii) in any way violate any
applicable local, national or international law or regulation; (iii) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the use of the Solution; (iv) upload, post,
email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, “junk mail”, “spam”, “chain letters”, or “pyramid
schemes”; or (v) collect or store personal data without the knowledge and
express consent of the data subject;
5.1.8. damage, disable or impair the operation of, or gain or attempt to gain
unauthorized access to, any Solution or to any property, Devices, software,
services, networks or data connected to, or inter-operating with, such Solution,
or to any content or data stored, accessed or delivered through such Solution,
by any means, including by hacking, phishing, spoofing or seeking to circumvent
or defeat any firewalls, password protection or other information security
protections or controls of whatever nature;
5.1.9. defeat or circumvent, attempt to defeat or circumvent, or authorize or
assist any third party in defeating or circumventing controls on the use of
copies of any Solution; or
5.1.10. violate Vendor’s policy governing acceptable use of its Solutions (the
“Acceptable Use Policy”), which you can find here. If and to the extent this
Agreement and the Acceptable Use Policy conflict, the more restrictive provision
will govern.
5.2. Certain Solutions may grant you or another user administrative privileges
that, among other things, may allow the administrator to monitor other Devices
and/or the status of Solutions deployed on other Devices, including for example
Subscription Period status, Solution messages, and Updates. You represent and
warrant that you will exercise such administrative privileges only with respect
to Devices and Solutions for which you are duly authorized and for no other
purpose. You also represent and warrant to Vendor that: (i) you have all the
requisite authority to accept this Agreement, and install and/or use the
Solution on the Devices, on behalf of any owners and users of those administered
Devices; and (ii) you hereby accept this Agreement for and on behalf of: (A) any
such owners and users of those administered Devices; and (B) yourself.
5.3. Certain Solutions may enable you to publish or share publicly with others,
content you have generated or obtained from other sources (“User Content”). You
retain any and all intellectual property rights you already hold under
applicable law in User Content you publish or share through the Solution,
subject to the rights, licenses, and other terms of this Agreement, including
any underlying rights of others in any User Content that you may use or modify.
You grant to each member of the Vendor Group, a non-exclusive, unrestricted,
unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free
right and license to use, copy, record, distribute, reproduce, disclose, sell,
resell, sublicense (through multiple levels), modify, adapt, display, publicly
perform, transmit, publish, broadcast, translate, make derivative works of, and
otherwise exploit in any manner whatsoever, all or any portion of the User
Content you publish or share through a Solution (and derivative works thereof),
solely for the purpose of providing the Solutions to you under this Agreement.
Each time you publish or share any User Content, you represent and warrant to
each member of the Vendor Group that you are at least the age of majority in the
state or jurisdiction in which you reside and are the parent or legal guardian,
or have all proper consents from the parent or legal guardian, of any minor who
is depicted in or contributed to any User Content you publish or share, and
that, in regard to that User Content: (i) you are the sole author and owner of
the intellectual property and other rights to the User Content, or you have a
lawful right to publish and share the User Content and grant each member of the
Vendor Group the right to use it as described in this Section 5.3
[https://www.avast.com/eula#restrictions-3], all without any obligation being
imposed on any member of the Vendor Group to obtain the consent of any third
party and without creating any obligation or liability whatsoever for any member
of Vendor Group; (ii) the User Content is accurate; (iii) the User Content does
not and, as to each member of the Vendor Group’s permitted uses and exploitation
set forth in this Agreement, will not infringe any intellectual property or
other right of any third party; and (iv) the User Content will not violate this
Agreement or cause injury or harm to any person.
6. LIMITED WARRANTY; DISCLAIMER AND EXCLUSION OF LIABILITY
6.1. Subject to the remainder of this Section 6
[https://www.avast.com/eula#limited-warranty], Vendor warrants to you that the
Solution will perform, or will be performed, substantially in accordance with
the Documentation for a period of 30 days following your initial acquisition of
the Solution. To make a warranty claim, you must follow the instructions
provided by the source from which you acquired the Solution. If the Solution
does not perform substantially in accordance with the Documentation, the entire
and exclusive liability of each member of the Vendor Group and each Vendor
Partner, and your sole and exclusive remedy, in respect of such warranty will be
limited to, at Vendor’s option, to either: (i) replacement of the Solution; or
(ii) return of the Solution to obtain a refund for the portion of the
subscription fee you have paid for the unexpired or unused portion of the
Subscription Period. This warranty applies only to the Solution as originally
delivered, and does not apply to: (i) any Updates; (ii) any defects caused by
the combination, operation or use of the Solution with: (A) software, hardware
or other materials not provided by Vendor; or (B) Devices, software, or other
materials that do not conform to Vendor requirements set forth in the
Documentation.
6.2. EXCEPT AS STATED IN SECTION 6.1 OF THIS AGREEMENT, MEMBERS OF THE VENDOR
GROUP AND VENDOR PARTNERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING ANY SOLUTION OR DOCUMENTATION. EXCEPT AS STATED IN
SECTION 6.1 OF THIS AGREEMENT, THE SOLUTION IS PROVIDED “AS IS” AND MEMBERS OF
THE VENDOR GROUP AND VENDOR PARTNERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR
CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER
THEORIES OF LAW, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT
OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE OPERATION OF ANY
SOLUTION WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SOLUTION WILL WORK
PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE
AND/OR SOFTWARE, OR THAT ANY SOLUTION WILL PROVIDE COMPLETE PROTECTION FOR THE
INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE
INTERNET.
6.3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ANY SOLUTION
PROVIDED TO YOU WITHOUT FEES (INCLUDING ANY SOLUTION PROVIDED AS A “FREE”,
“TRIAL” OR “BETA” SOLUTION) IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND
“AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT SUPPORT OR
OTHER SERVICES BY VENDOR.
6.4. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL VENDOR OR ANY COMPANY
THAT CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH VENDOR
(COLLECTIVELY, THE “VENDOR GROUP”) OR THEIR RESPECTIVE AGENTS, LICENSORS,
REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER
WHOSE NETWORK OR SYSTEMS ANY SOLUTION IS PROVIDED, OR ANY OTHER BUSINESS PARTNER
OF ANY MEMBER OF THE VENDOR GROUP (COLLECTIVELY, THE “VENDOR PARTNERS”) BE
LIABLE TO YOU OR ANY THIRD PARTY FOR:
6.4.1. ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY
DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY;
6.4.2. ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF
PRIVACY, LOSS OF USE OF ANY DEVICE OR SOLUTION (INCLUDING THE SOLUTION), WASTED
EXPENDITURE, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS, SERVICES OR
DIGITAL PRODUCTS, BUSINESS INTERRUPTION, ANY UNAUTHORIZED DISCLOSURE OR LOSS
(INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR
INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES,
COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES); OR
6.4.3. ANY OTHER PECUNIARY OR NONPECUNIARY LOSS OR DAMAGE ARISING OUT OF THIS
AGREEMENT OR ANY SOLUTION PROVIDED HEREUNDER;
EVEN IF SUCH MEMBER OF THE VENDOR GROUP OR VENDOR PARTNER HAS BEEN ADVISED OF
THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS AGREEMENT OR OTHERWISE, NO MEMBER OF THE VENDOR GROUP OR ANY
VENDOR PARTNER WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE
(WHETHER DIRECT OR INDIRECT) FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION,
DEGRADATION, UNAVAILABILITY, ERASURE, THEFT, DESTRUCTION, ALTERATION, DISCLOSURE
OR LOSS OF ANY DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED BY
OR IN CONNECTION WITH ANY SOLUTION REGARDLESS OF THE CAUSE. TO THE FULL EXTENT
PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL ANY MEMBER OF VENDOR GROUP OR ANY
VENDOR PARTNER’S TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY
THIRD PARTY ARISING FROM OR RELATING TO ANY SOLUTION, THE SUBSCRIPTION OR THIS
AGREEMENT EXCEED THE GREATER OF: (I) FIVE U.S. DOLLARS (US$5.00); AND (II) THE
AMOUNT OF THE SUBSCRIPTION FEES YOU HAVE PAID FOR THE IMMEDIATELY PRECEDING 12
MONTHS OF THE SUBSCRIPTION PERIOD.
6.5. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF MEMBERS OF THE VENDOR GROUP
AND VENDOR PARTNERS CONTAINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE THEIR
POTENTIAL LIABILITY FOR:
6.5.1. DEATH, PERSONAL INJURY, DAMAGE TO TANGIBLE PROPERTY OR FRAUD BEYOND THE
EXTENT PERMITTED BY APPLICABLE LAWS; AND
6.5.2. ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE
LAWS.
7. PRIVACY; PROCESSING OF PERSONAL AND OTHER INFORMATION
7.1. The term “Data”, as used in this Agreement and the Privacy Policy, means:
(a) the information you provide to Vendor, another member of the Vendor Group,
or a Vendor Partner in the course of ordering Solutions, including your name,
billing address (including postal code), email address, phone number, payment
card or account number, payment card or account verification code, payment card
commencement date and expiration date, the account password you select for your
account with Vendor or another member of the Vendor Group, and other Billing
Data as defined in Vendor’s Privacy Policy (the “Privacy Policy”, which you can
find here [https://www.avast.com/vendor]) (collectively, “Transaction Data”);
(b) information Vendor, another member of the Vendor Group or a Vendor Partner
collects in the course of processing and fulfilling your orders for Solutions,
including information about the make, model, operating system and other
identifying details of your Device, the name of your Internet service provider,
your Internet Protocol (IP) address; and (c) information about your installation
and use of Solutions ((b) and (c) collectively being referred to as “Service
Data” in the Privacy Policy).
7.2. You authorize Vendor, another member of the Vendor Group or a Vendor
Partner, to use your Data, for the purposes described in the Privacy Policy. You
acknowledge that such use of your Data includes processing and fulfilling your
orders for subscriptions, improving Solutions, and providing information to you
about the Solutions to which you have subscribed and offering you other
Solutions. You acknowledge that Vendor or another member of the Vendor Group may
share your Data with Vendor Partners such as Vendor’s ecommerce platform
providers and payment processors, suppliers providing support, services and
Solutions to you on Vendor’s behalf, and suppliers providing Vendor or a member
of the Vendor Group with purchase analytics and crash analytics in respect of
Solutions.
8. TERMINATION
8.1. This Agreement will immediately terminate upon your breach of any of your
obligations in this Agreement (including any breach of your obligations in
Sections 2, 5 or 10), which will result in forfeiture of any rights you may have
to receive Updates or to obtain a refund for the portion of the subscription fee
you have paid for the unexpired or unused portion of the Subscription Period.
Vendor reserves the right to any other remedies available under law in the event
your breach of any of your obligations under this Agreement adversely affects
any member of the Vendor Group or any Vendor Partner. The exclusions and
limitations of liability of members of the Vendor Group and Vendor Partners
contained in this Agreement will survive termination of this Agreement.
8.2. Vendor, by notice to you, may immediately terminate this Agreement for
convenience at any time with respect to any particular Solution or all Solutions
and the entire and exclusive liability of each member of the Vendor Group and
each Vendor Partner, and your sole and exclusive remedy, in respect of any such
termination will be limited to a refund for the portion of the subscription fees
you have paid for the unexpired or unused portion of the Subscription Period.
From the effective date of such termination you will no longer be entitled to
use any affected Solution and Documentation.
8.3. If a Subscription Period is conditioned on you paying a fee or charge, and
if Vendor has not received payment by the 15th day following the commencement of
that Subscription Period, you will be deemed to have surrendered your license to
use the Solution, and the license will terminate immediately without further
action by you or Vendor.
9. U.S. GOVERNMENT RESTRICTED RIGHTS
All Solutions qualify as “commercial items”, as that term is defined at 48
C.F.R. 2.101, consisting of “commercial computer software” and “commercial
computer software documentation” as such terms are used in 48 C.F.R. 12.212.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4,
all U.S. Government end users acquire such Solutions and related Documentation
with only those rights set forth in this Agreement that apply to
non-governmental customers. Use of such Solutions and related Documentation
constitutes agreement by the U.S. Government entity that the computer software
and computer software documentation is commercial, and constitutes acceptance of
the rights and restrictions set forth in this Agreement.
10. EXPORT CONTROLS
You must comply with all applicable U.S. and international laws governing export
and re-export of the Solutions, including the U.S. Export Administration
Regulations, as well as end-user, end-use and destination restrictions issued by
U.S. and other governments. Without derogating from the generality of the
foregoing, you represent, warrant and undertake that: (i) you are not a member
of any of the denied persons list, unverified list, entity list, specially
designated nationals list, debarred list or any other lists published by the
U.S. Government; and (ii) you will not use, export or re-export any Solution in,
or to, territories, destinations, companies or individuals in violation of U.S.
and E.U. embargoes or trade sanctions. You will indemnify, defend and hold each
member of the Vendor Group harmless from and against any claim, demand, suit or
proceeding, and all damages, liabilities, costs and expenses arising from your
failure to comply with this Section 10.
11. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
11.1. This Section 11 applies to any Dispute arising from or related to any
Solution, subscription for any Solution or this Agreement, and involving you and
Vendor. “Dispute”, for the purposes of this Section 11, means any dispute,
action, or other controversy regardless of the particular cause of action(s)
asserted (i.e., it encompasses, among any other potential cause of action or
legal basis, claims for breach of contract, misrepresentation or fraud,
indemnification, tort (including negligence and strict product liability), and
violation of statute or regulation).
11.2. In the event of a Dispute, you must provide Vendor with a notice of
Dispute, which is a written statement of your name, address and contact
information, the facts giving rise to the Dispute, and the relief requested by
you. You must send any notice of Dispute by email to Vendor at
[email protected] (stating Subject: Section 11 Notice of Dispute
Under EULA).
11.3. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE
CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WILL NOT SEEK TO HAVE ANY DISPUTE
HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER
PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE
CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE
PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR
PROCEEDINGS.
11.4. If you and Vendor do not resolve any Dispute by informal negotiation, any
other effort to resolve the Dispute will be conducted exclusively by binding
arbitration governed by the United States Federal Arbitration Act (“FAA”), 9
U.S.C. § 1 et seq., and the substantive laws of the State of New York (without
regard to choice of laws principles). Except as provided in Section 11.5 below,
you are giving up the right to litigate (or participate in litigation as a party
or class member) all Disputes in court before a judge or jury. Instead, all
Disputes will be resolved before a neutral arbitrator, whose decision will be
final except for a limited right to judicial review under the FAA. Any court
with jurisdiction over the parties may enforce the arbitrator’s award.
11.5. The arbitration requirement of this Section 11 is subject to the following
exceptions:
11.5.1. You may litigate any Dispute in small claims court, in the county or
other similar political subdivision in which you reside, if the Dispute meets
all requirements to be heard in the small claims court. If you initiate a claim
in small claims court, you are responsible for all court costs and fees.
11.5.2. All Disputes concerning any alleged misappropriation of your or Vendor’s
intellectual property will be resolved in court.
11.5.3. If you are a consumer and live in the European Union, Norway, Iceland or
Lichtenstein, you may be entitled to address your Dispute through an internet
platform for online dispute resolution established by the European Commission
(the “ODR Platform”). The ODR Platform is intended to facilitate out-of-court
resolutions relating to online purchases of goods and services between consumers
and traders based in the European Union, Norway, Iceland and Lichtenstein. You
will find the ODR Platform by following this
link: http://ec.europa.eu/consumers/odr/ [http://ec.europa.eu/consumers/odr/].
11.6. Any arbitration will be administered by the American Arbitration
Association (the “AAA”) in accordance with the AAA’s “Consumer Arbitration
Rules” effective September 1, 2014, including the “Costs of Arbitration
(Including AAA Administrative Fees)” effective September 1, 2014 (collectively,
the “Consumer Procedures”) and will be subject to the following:
11.6.1. The Consumer Procedures provide for certain fees, specifically
allocating some to the consumer (you) and others to the business (Vendor). If
your claim is US$75,000 or less, Vendor will pay all of those specified fees and
costs, including those allocated to the consumer. Vendor does not agree to bear
any other costs. If your claim is more than US$75,000, the Consumer Procedures
will govern payment.
11.6.2. Except as provided in below, the AAA’s Consumer Procedures will be
applied to any Dispute between the parties. However, pursuant to Consumer
Arbitration Rule R-1(e), a party may raise the proper application of the
Consumer Arbitration Rules to an arbitrator for a final decision. This Agreement
governs to the extent it conflicts with the Consumer Procedures. You will
commence arbitration only in the county or other similar political subdivision
in which you reside. The arbitration proceedings will be conducted by conference
call. However, if the proceedings are conducted pursuant to the AAA Consumer
Procedures, the arbitrator(s) will have the discretionary authority to require a
face-to-face hearing upon the request of a party.
11.6.3. You and the Vendor agree that the use of the AAA to administer
arbitration is not integral to the parties’ agreement to arbitrate Disputes. If
the AAA will not or cannot conduct an arbitration, you and Vendor will negotiate
in good faith to agree on a sole arbitrator who will resolve the Dispute as
provided in the Consumer Procedures. If the parties cannot agree on an
arbitrator, a court of competent jurisdiction may appoint an arbitrator, who
will follow the AAA’s Consumer Procedures.
11.6.4. If one or more parts of this Section 11 are found to be illegal, invalid
or unenforceable as to all or some parts of a Dispute, then, and only in that
circumstance, those parts will be severed and the Dispute will be resolved
subject to all remaining parts of this Section 11 and all other provisions of
this Agreement. If such severance results in all or some parts of a Dispute
proceeding in a court of law, exclusive jurisdiction for any such court
proceeding will be the courts sitting in the county of New York, New York, U.S.
For purposes of any such court proceeding, you consent to, and will not
challenge, the New York, New York courts’ personal jurisdiction over you, and
you further waive objection based upon improper venue or forum non conveniens
and will not seek transfer to another district or jurisdiction.
11.7. Notwithstanding the preceding paragraphs of this Section 11, if you
acquired a Solution for other than personal or household use, the arbitration
proceedings, including the payment of costs, will be administered in accordance
with the AAA’s Commercial Arbitration Rules (the “Commercial Procedures”). The
Commercial Procedures are appropriately applied to any Dispute between the
parties, and you will not advocate otherwise in any proceeding. However, this
Agreement governs to the extent it conflicts with the Commercial Procedures.
12. GENERAL
12.1. Notice. Vendor may at any time deliver any notice to you via electronic
mail, pop-up window, dialog box or other means, even though in some cases you
may not receive the notice unless and until you launch a Solution. Any such
notice will be deemed delivered on the date Vendor first makes it available
through a Solution, irrespective of when you actually receive it.
12.2. Questions About This Agreement. If you have any questions regarding this
Agreement or wish to request any information from Vendor, please.
12.2.1. Write to Avast Software s.r.o., Pikrtova 1737/1a, Prague 4, Postal Code
140 00, Czech Republic (tel.: +420 274 005 777); or
12.2.2. Contact Vendor by email or visit Vendor’s website at the address
provided here [https://www.avast.com/contacts]
12.3. Separate Agreements. If you acquired two or more Solutions, even in a
single transaction, or you acquired subscriptions to any one Solution in
multiple transactions, you may have accepted this End User License Agreement
multiple times. Although the terms and conditions you accepted may be similar or
identical, each time you accepted the terms and conditions of this End User
License Agreement you entered into a different and separate agreement between
you and the Vendor providing the applicable Solution.
12.4. Entire Agreement. This Agreement constitutes the entire agreement between
you and Vendor relating to your use of the Solutions and Documentation. This
Agreement supersedes all prior or contemporaneous oral or written
communications, proposals, statements, warranties and representations with
respect to your installation and/or use of the Solutions or Documentation.
Notwithstanding the foregoing, nothing in this Agreement will diminish any
rights you may have under existing consumer protection legislation or other
applicable laws in your jurisdiction that may not be waived by contract. This
Agreement, the Applicable Conditions and the Documentation, to the greatest
extent reasonably practicable, will be construed to be consistent with each
other, but in the event of a conflict they will govern in the following order of
precedence: (i) the Applicable Conditions; (ii) this Agreement; and (iii) the
Documentation.
12.5. Interpretation. The headings in this Agreement do not affect its
interpretation. The use of any gender includes all genders. The singular
includes the plural and vice-versa. Where a word or phrase is defined, its other
grammatical forms have a corresponding meaning. The words “includes” and
“including” will be construed as followed by the words “without limitation”. Any
reference to “use” of any software, Solution or Update by you shall be deemed to
include any installation of any such software, Solution or Update by you (unless
the context otherwise requires). This Agreement was originally prepared in the
English language. Although Vendor may provide one or more translated versions of
this Agreement for your convenience, the English language version of this
Agreement will be the governing version of this Agreement in the case of any
conflict or discrepancy. In the event that an ambiguity or question of intent or
interpretation arises, in any judicial proceeding or otherwise, the terms of
this Agreement will be construed as having been drafted jointly by the parties,
and no presumption or burden of proof will arise favoring or disfavoring any
party by virtue of the authorship of any provisions of this Agreement.
12.6. Severability. If any provision of this Agreement is held to be illegal,
invalid or unenforceable under any applicable laws, it shall to that extent be
deemed not to form part of this Agreement but the remainder of this Agreement
will remain valid and enforceable to the greatest extent permitted by applicable
law.
12.7. Impossibility. Vendor will not be liable for any failure or delay in
performance, due in whole or in part, to utility failures (including power),
failure of the internet, failure of telecommunications or information technology
services, failure of telecommunications or information technology equipment,
strikes or other labor disturbances (including without limitation a strike or
other labor disturbance arising in respect of any members of the Vendor Group or
any Vendor Partners), acts of war or terror, denial of service attacks or other
information technology attacks or breaches affecting any member of the Vendor
Group or any Vendor Partner, floods, sabotage, fire, other natural disasters or
Acts of God, or any other cause beyond any member of Vendor Group or Vendor
Partner’s reasonable control.
12.8. Waiver. The failure of either party to insist upon the strict performance
of any of the terms, conditions and provisions of this Agreement shall not be
construed as a waiver or relinquishment of future compliance with this
Agreement, and the terms, conditions and provisions of this Agreement shall
remain in full force and effect. No waiver of any term or condition of this
Agreement on the part of either party shall be effective for any purpose
whatsoever unless such waiver is in writing and signed by such party. The waiver
by either party of a breach of any provision of this Agreement by the other
party shall not be construed as a continuing waiver of such breach or as a
waiver of other breaches of the same or of other provisions of this Agreement.
12.9. Assignment. You may not assign your rights or obligations under this
Agreement without the prior written consent of Vendor. Vendor may assign this
Agreement at any time in its sole discretion without any prior written consent
by you.
12.10. No Third Party Beneficiaries. Nothing in this Agreement, express or
implied, is intended to or will confer upon any person other than you, members
of the Vendor Group and Vendor Partners, any right, benefit or remedy of any
nature whatsoever under or by reason of this Agreement. No person other than
you, Vendor and members of the Vendor Group may bring a cause of action pursuant
to this Agreement. Vendor will be entitled (but not obligated) to enforce any
rights, remedies, limitations and exclusions of liability, and legal defenses of
any member of Vendor Group or Vendor Partner under this Agreement, including any
rights and remedies for any loss, damage or claim suffered or incurred by any
member of Vendor Group or Vendor Partner: (i) arising from or in connection with
any failure by you to comply with any term or condition of this Agreement; or
(ii) you are required to indemnify under this Agreement. No such loss, damage or
claim will be deemed excluded as indirect, consequential or incidental loss or
damage under Section 6.4.1 as a result of such loss, damage or claim having been
suffered or incurred by another member of Vendor Group or Vendor Partner rather
than by Vendor.
12.11. Governing Law. The law governing this Agreement and any Dispute (as
defined in Section 11) will be the substantive law of the State of New York,
U.S., without regard to choice of laws principles. This Agreement will not be
governed by the United Nations Convention on Contracts for the International
Sales of Goods, the application of which is expressly excluded.
12.12. Internet connection. Certain Solutions may require an active and stable
connection to the Internet in order to function. It is therefore your
responsibility to ensure that you have at all times an active and stable
Internet connection.
12.13. Product names. Vendor from time to time may change the name of a
Solution, or change the name or logo applied to the Solution to the name or logo
of another member of the Vendor Group or a Vendor Partner. These changes do not
alter your subscription for any Solution, the Subscription Period or this
Agreement, and do not give you any right to terminate your subscription for a
Solution, the Subscription Period or this Agreement.
13. SPECIAL TERMS
The following special terms apply to certain Solutions. If these special terms
conflict with the remainder of the Agreement, these special terms will govern
and take precedence with respect to the applicable Solutions.
13.1. Third Party Software, Services and Other Products. Some Solutions offer
you the opportunity to acquire software, services and other products supplied by
third parties. You acknowledge that the applicable third party is solely
responsible for its offerings and Vendor makes no representations or warranties
concerning those offerings and accepts no liability with respect to them, and if
you acquire or use any of these third party offerings, the offerings and your
use of them will be governed by any license agreements, terms of use, privacy
policies and/or other terms and conditions required by the third party.
13.2. Managed Service Provider Licenses. This Section 13.2 applies: (i) to the
extent the Applicable Conditions authorize you to use CloudCare, Managed
Workplace, Avast Business Services, CCleaner Business Edition, or other
Solutions in providing MSP Services to third parties; and (ii) to all licenses
to use CCleaner Cloud for Business.
13.2.1. As used in this Section 13.2:
(a) “Avast Business Service” means HD Services and/or NOC Services as the
context requires.
(b) “Customer” means a third party to whom you provide or wish to provide MSP
Services.
(c) “HD Services” means the helpdesk services Vendor or its third party supplier
provides to you for the benefit of one or more Customers, in each case as
described in the Documentation as Vendor may modify the same from time to time.
(d) “MSP Services” means the managed service you provide your Customers using
the Solutions (including, as applicable, any Avast Business Service).
(e) “NOC Services” means remote Device monitoring and management services Vendor
or its third party supplier provides to you for the benefit of one or more
Customers, in each case as described in the Documentation as Vendor may modify
the same from time to time.
(f) “Service Agreement” means an agreement between you and a Customer that,
among other things, clearly describes the services you have agreed to provide
the Customer.
13.2.2. Vendor, subject to the provisions of this Agreement, grants you a
limited, non-exclusive, non-transferable license (with no rights to sublicense)
during the Subscription Period to use the relevant Solutions (including as
applicable Avast Business Services, CCleaner Business Edition or CCleaner Cloud
for Business) to provide MSP Services to your Customers.
13.2.3. Vendor, subject to the terms and conditions of this Agreement, will
provide you with Solutions (including as applicable Avast Business Services,
CCleaner Business Edition or CCleaner Cloud for Business) for the benefit of
your Customers.
13.2.4. You, subject to the terms and conditions of this Agreement, will:
(a) Require that: (i) each Customer (including you, to the extent applicable)
receiving a Solution execute or otherwise bind itself to the then-current
version of this Agreement; and (ii) each Customer to whom you have agreed to
provide Solutions execute or otherwise bind itself to a Service Agreement.
Without limiting the foregoing, you may accept the Vendor’s End User License
Agreement on the Customer’s behalf only to the extent the Customer has expressly
authorized you to do so in the Service Agreement or otherwise. The Service
Agreement will: (i) contain provisions at least as protective of Vendor Group’s
interests as this Agreement; and (ii) expressly authorize you and Vendor Group
to reproduce, transmit, store and process the Customer’s data and information in
connection with the operation and performance of any Solution.
(b) As between Vendor and you, be solely responsible for: (i) performing your
obligations under the Service Agreement; (ii) ensuring that you and all
Customers comply with all applicable laws concerning the monitoring of employees
and other third parties and their respective Devices; (iii) performing the tasks
and obligation assigned to you and Customers by the Agreement, Applicable
Conditions and Documentation; and (iv) on the expiration or termination of the
applicable Service Agreement, terminating provision of any Solution and removing
or causing the Customer to remove or deactivate any Solution from any Devices on
which it is used.
13.3. Browser Cleanup. When you use Browser Clean Up add-on (“BCU”), you
authorize BCU to change your existing browser setting to the new browser
setting.
13.4. WiFi Finder. WiFi Finder enables its users to assist other users to obtain
internet access through sharing of data about WiFi networks. If you opt to share
data about WiFi networks with other users, you are solely responsible for
ensuring that you are not violating any third party rights relating to such WiFi
networks or any data you share. Members of Vendor Group accept no responsibility
or liability for your compliance with terms and conditions applicable to the use
of any WiFi networks or any data you share.
13.5. Avast Family Space (also sold as Star Guard Family, Vodafone Family
Protect and WINDTRE Family Protect).
13.5.1. Avast Family Space, also sold as Star Guard Family, Vodafone Family
Protect and WINDTRE Family Protect (“Family Space”) is intended for personal,
noncommercial use by parents to protect their children, by legal guardians to
protect their wards, or by adults to protect other adults from whom they have
received fully informed consent. You must not use Family Space other than as
intended, and members of Vendor Group accept no responsibility or liability for
any unauthorized or illegal use.
13.5.2. By using Family Space, you represent and warrant that: (i) you are 18
years of age or older; and (ii) you have the authority to, and hereby consent
to, the collection of data for any person that you include in your Family Space
account, including any persons under 13 years old. You acknowledge that members
of Vendor Group will collect, use and disclose geographic location and other
information necessary to enable the operation and delivery of the Family Space
features.
13.5.3. You acknowledge that: (i) results you may obtain from Family Space,
including data and messaging, may not be accurate, timely or reliable; (ii) some
content you consider objectionable or want to be blocked may not always be
blocked by Family Space; (iii) Family Space may sometimes block content that you
may consider acceptable; and (iv) because third party content can change without
notice, Vendor cannot guarantee that its categories of content and content
filters will always stay current with changes in third party content. If you
believe Family Space is misclassifying a site or service, please contact Vendor
by email at
[email protected] [
[email protected]].
13.6. Mobile Apps. This Section 13.6 applies to any Solution intended for use on
Mobile Devices.
13.6.1. For any Solution downloaded from Google Play (http://play.google.com
[http://play.google.com/]), the license granted by this Agreement is in lieu of
any rights to use a Solution that would otherwise be granted by the default
terms for applications downloaded from the Google Play Store.
13.6.2. For any Solution downloaded from the Apple App Store, the following
terms apply:
(a) The licenses granted by this Agreement are limited to a non-transferable
license to use the Solution on any iPhone, iPod Touch or other Apple-powered
Device that you own or control and as permitted by the Usage Rules set forth in
the Apple App Stores Terms of Service, available online
at http://www.apple.com/legal/internet-services/itunes/us/terms.html
[http://www.apple.com/legal/internet-services/itunes/us/terms.html] or through
such sites and other means made available to you by Apple.
(b) This Agreement is concluded solely between the parties, and not with Apple.
Vendor, not Apple, is solely responsible for the Solution and the content of
such Solution.
(c) Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Solution.
(d) If the Solution fails to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price for the Solution to you. To the
maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Solution, and that, as between you,
Vendor and Apple, any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be Vendor’s
sole responsibility.
(e) Vendor, not Apple, is responsible for addressing any claims by you or any
third party relating to the Solution or your possession and/or use of that
Solution, including: (i) product liability claims; (ii) any claim that the
Solution fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
(f) In the event of any third party claim that the Solution or your possession
and use of that Solution infringes that third party’s intellectual property
rights, Vendor, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement
claim.
(g) You must comply with any applicable third party terms when using the
Solution. For example, for a VOIP Solution, you must not violate your wireless
data service agreement when using the Solution.
(h) Apple and Apple’s subsidiaries are third party beneficiaries of this
Agreement and, on your acceptance of the terms and conditions of this Agreement,
Apple will have the right (and will be deemed to have accepted the right) to
enforce this Agreement against you as a third party beneficiary.
13.6.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate
certain customer terms of use for the Amazon Appstore as “Default EULA Terms”.
Those Default EULA Terms will apply to your use of Solutions you purchase
through the Amazon Appstore. The Default EULA Terms will specify, among other
things, that Vendor is the licensor of the Solution and Amazon is not a party to
this Agreement. If there are any conflicts between the Default EULA Terms and
this Agreement, then to the extent of such conflict the Default EULA Terms will
govern and take precedence. Amazon does not have any responsibility or liability
related to compliance or non-compliance by Vendor or you with the Default EULA
Terms.
13.7. Technician Edition. This Section 13.7 applies to the extent you have
purchased the Technician Edition of a Solution. You may permit the number of
technicians specified by the Applicable Conditions to use the Solution to
perform optimization services and repairs to Devices owned by you (if you
purchased an enterprise subscription) or third parties (if you purchased a
breakfix subscription). Each technician may install the Solution on only one
Device at any given time, and must remove the Solution from the Device before
returning control of the Device to the user.
13.8. Assurance Plan. This Section 13.8 applies to Assurance Plans.
13.8.1. “Assurance Plan” means a service under which Vendor’s technician (an
“Associate”), in exchange for a separate subscription fee, will assist you to
remove viruses or other Malicious Code that infects your protected Device during
the Subscription Period. Assurance Plans are sold together with certain Vendor
antivirus Solutions or other security Solutions (each, a “Security Solution”),
and supplement the protections offered by the Security Solution.
13.8.2. If you request Vendor’s assistance under the Assurance Plan, and if you
and your Device qualify for assistance under Section 13.8.3, Vendor will use
commercially reasonable efforts to assist you to remove the viruses or other
Malicious Code affecting your Device. You hereby acknowledge, accept and agree
that Vendor’s efforts may not be enough to remove certain viruses or other
Malicious Code from your Device, and that Vendor, in the course of providing
service, may alter, delete or corrupt data on your Device, change Device
settings, or otherwise interfere with the proper operation of your Device.
13.8.3. The Assurance Plan covers: (i) only the Device for which you purchased
the related Security Solution, and may not be transferred to another Device; and
(ii) only viruses and other Malicious Code infecting the Device during the
Subscription Period, after you downloaded and installed the Security Solution on
the Device, and while the Security Solution was running with up-to-date
Malicious Code definitions. Vendor may terminate the Assurance Plan without
notice if it determines in its sole business judgment that you have requested or
received service under the Assurance Plan for a Device not covered by the
Assurance Plan, transferred or attempted to transfer the Assurance Plan to
another person or entity, or otherwise breached the terms of the Assurance Plan.
13.8.4. Vendor, in providing assistance under the Assurance Plan, may require
remote access to your Device, and/or may require that you install Assistance
Software, in which case you acknowledge and agree that that
Section 13.10 applies. If you cannot or do not provide remote access to your
Device and/or you cannot or do not download and install the Assistance Software
on the Device or follow Vendor’s or Associate’s other instructions, or if Vendor
determines your Device does not qualify for support under the Assurance Plan,
Vendor will not provide service under the Assurance Plan. Vendor may (but is not
required to) refer you to a service under which Vendor or its subcontractor, for
a fee, will provide assistance.
13.9. Premium Technical Support. This Section 13.9 applies to Avast Total Care,
AVG Premium Tech Support, AVG Go and other technical support services (each,
“Premium Technical Support”) that Vendor sells separately from its software
Solutions, and through which Vendor may help you install, configure or
troubleshoot any of a variety of software products and/or equipment or systems,
including a PC, Mac, tablet, mobile phone or any other personal computing
device, wireless router, cable modem or other router, printer, digital camera,
media player, Smart TV and DVD/Blu-Ray player.
13.9.1. The Associate, in providing Premium Technical Support, will use
commercially reasonable efforts to assist you with the problems you are
experiencing but, due to the variety and the complexity of technologies
available on the market, the Associate may not be able to resolve your issues.
This may include, for example, problems that arise as a result of software or
hardware errors not yet resolved by the manufacturer, or problems related to the
equipment configuration that makes it impossible or unreasonably difficult for
the Associate to properly diagnose and solve the issue. As a result, you hereby
acknowledge and agree that Vendor’s efforts may not be enough to solve the
issues you identify, or that those issues will not be solved in a timely manner.
13.9.2. The Associate, in providing Premium Technical Support, may require
remote access to your Device, and/or may require that you install Assistance
Software, in which case you acknowledge and agree that that
Section 13.10 applies. If you cannot or do not provide remote access to your
Device and/or you cannot or do not download and install the Assistance Software
on the Device or follow Vendor’s or Associate’s other instructions, or if Vendor
determines your Device does not qualify for support under the Premium Technical
Support subscription, Vendor will not provide Premium Technical Support.
13.10. Remote Access; Assistance Software
13.10.1. Remote Access. Vendor or an Associate, when providing services under
the Assurance Plan, as part of Premium Technical Support or in connection with
other services, may need to remotely connect to, and take control of, your
equipment in order to resolve the issues that you are experiencing. In
connection with this remote connection session:
(a) The Associate may need to run various scripts on your equipment, make
changes to its configuration, install and uninstall software, and make other
changes to the equipment and/or software settings of such equipment as may be
necessary to address your issues. You understand that the Associate may, but is
not obligated to, install and remove various proprietary or third party software
tools where the Associate deems it necessary to assist you with the issues that
you are experiencing. Elements of such software are protected by law, including
copyright.
(b) You acknowledge and agree that, by authorizing the Associate to establish a
remote connection session, you grant Vendor (and partners and contractors acting
on Vendor’s behalf) full or limited access to your equipment, software and
network (depending on your equipment, software and network configuration), and
authorize Vendor to make such modifications as described above or as otherwise
advised by the Associate during delivery of the Solution. You acknowledge and
agree that the Associate, or you acting on the Associate’s direction may alter,
delete or corrupt software or data on your equipment, change equipment, software
or network settings, or otherwise interfere with the proper operation of your
equipment, software or network.
(c) You acknowledge and agree that the Associate may have access to any
information stored on your Device. Associates are trained not to access more
information than necessary to resolve the issues for which you are requesting
the Associate’s support. You must nevertheless remain in front of your Device
screen to observe the actions of the Associate while he or she delivers the
Solution on your Device. You will have the opportunity to end the live support
session at any time by advising the Associate or disconnecting the remote
connection session.
13.10.2. Assistance Software.
(a) Vendor or an Associate, as a condition to providing services under the
Assurance Plan, Premium Technical Support or other services, may instruct you to
download and install on the Device a software program (the “Assistance
Software”) allowing the Associate to gain remote access to your Device, gather
information about the Device and its operations, diagnose and repair the
problem, and change Device settings. You may also need to follow other
instructions given by the Vendor or an Associate.
(b) If you or an Associate installs Assistance Software on a Device, that
Assistance Software:
(i) May require that you activate it on your Device. If you do not complete the
activation process within the period of time requested by the Associate or as
prompted by the Assistance Software, the Assistance Software may cease to
function until the activation is complete.
(ii) May communicate with Vendor’s (or its partner’s or contractor’s) servers on
a regular basis to: (i) ensure that you receive all the services and software
you are eligible to as part of your Solution; (ii) enable you to promptly launch
a chat session with an Associate as part of your Solution; or (iii) give you
access to certain self-service tools as part of your Solution.
(iii) May by default constantly run on your Device and perform various
background tasks that help maintain your Device in working condition. When
running, it may collect various data regarding your Device, including its
technical specifications, information regarding its operating system, downloaded
and/or installed software, updates and upgrades, the availability and the status
of your security software, backups and firewalls, various unique identifiers,
system and software error messages, network connections status, connected
peripherals and other connected devices, and similar such information and data.
This information helps Vendor to prevent many common issues that you may be
experiencing, and also to quickly identify problems for which you may be
requesting Vendor’s support.
13.11. Avast Driver Updater
13.11.1. Avast Driver Updater is intended for use on a Device that is a single
physical computer, and not a “virtual machine” in which a shared computing
resource emulates the functions of several dedicated physical computers. Avast
Driver Updater will not be as effective when used on a virtual machine rather
than a physical computer.
13.11.2. Avast Driver Updater relies on manufacturer-provided data in device
driver installation files, including release dates, to provide information
displayed by the Solution in scan results. MEMBERS OF THE VENDOR GROUP AND
VENDOR PARTNERS DO NOT WARRANT OR REPRESENT THAT ANY DEVICE DRIVER PROVIDED BY
THE SOLUTION WILL BE THE LATEST, OR ANY PARTICULAR VERSION, OF SUCH DEVICE
DRIVER NOTWITHSTANDING ANY DIFFERENT OR CONTRARY INFORMATION PROVIDED BY THE
SOLUTION.
13.12. Avast Secure Web Gateway and Avast Secure Internet Gateway
13.12.1. As used in this Section 13.12:
(a) “Aggregated Data” means data: (i) anonymized, and not identifiable to any
individual person or entity; (ii) combined with the data of other users of an
Avast Secure Gateway, and/or additional data sources; and (iii) presented in a
manner by which individual users of an Avast Secure Gateway may not be
identified.
(b) “Avast Secure Gateway” means the Avast Secure Web Gateway or Avast Secure
Internet Gateway;
(c) “DNS Transaction” means a recursive DNS query you send through your use of
Avast Secure Web Gateway.
(d) “Seat” means a subscription for an individual that accesses the Internet in
connection with an Avast Secure Gateway, as further described by
Section 13.12.5. A Seat may only be transferred from one such individual to
another such individual if the original individual is no longer permitted to
access, and does not access, the Internet in connection with the Avast Secure
Gateway.
(e) “Transaction” means an HTTP or HTTPS request sent to, or by, you through
your use of the Avast Secure Internet Gateway.
13.12.2. You must not, from any Device protected by an Avast Secure Gateway: (i)
send spam or otherwise duplicative or unsolicited messages in violation of any
applicable laws; (ii) send infringing, obscene, threatening, libelous, or
illegal material; (iii) access blocked services in violation of any applicable
laws; or (iv) run automated queries to Internet URLs.
13.12.3. You acknowledge and agree that: (i) in order for Vendor to provide the
Avast Secure Gateway, you must forward your Internet traffic to Vendor via valid
forwarding mechanisms that allow for automatic fail-over (i.e. DNS, PAC, IPSEC,
GRE tunnels or an appropriate Vendor Solution); (ii) you are responsible for
supplying Vendor with any technical data and other information Vendor may
reasonably request from time to time; (iii) Vendor Group and Vendor Partners may
use the Malicious Code (as defined in Section 13.16.1 (b)), spam, botnets, or
other information derived from your use of an Avast Secure Gateway for the
purposes of: (1) maintaining, improving and/or analyzing the Avast Secure
Gateways; (2) complying with any legal or contractual requirements; or (3)
making malicious or unwanted content anonymously available to Vendor Partners
for the purpose of further developing and enhancing the Avast Secure Gateways;
and (iv) Vendor Group and Vendor Partners may develop and commercialize
benchmarks and measures based on Aggregated Data.
13.12.4. Vendor Group and Vendor Partners reserve the right to manage bandwidth
or route traffic across the Internet in a commercially optimal way, provided
such actions do not compromise Vendor’s obligations with respect to the Avast
Secure Gateways. Vendor or a Vendor Partner (as applicable) may suspend your
access to, or download of, the Avast Secure Gateways in the event your use of
these Solutions represents an imminent threat to any network of Vendor Group or
a Vendor Partner, or if required to comply with applicable laws. In such
circumstances, Vendor or Vendor Partner (as applicable) will: (i) suspend the
Avast Secure Gateways only to the extent reasonably necessary to prevent any
harm to any network of Vendor Group or Vendor Partners (for example, blocking
offending source IP addresses) and to comply with applicable laws; (ii) use its
reasonable efforts to contact you promptly and give you the opportunity to
promptly change the configuration of you server(s) accordingly and/or work with
you to promptly resolve the issues causing the suspension of the Avast Secure
Gateways; and (iii) reinstate any such suspended Avast Secure Gateways after all
such issues are resolved to the reasonable satisfaction of Vendor or Vendor
Partner (as applicable).
13.12.5. For the purposes of determining whether you have purchased sufficient
Seats, every 2,000 Transactions per calendar day flowing through the Avast
Secure Internet Gateway shall be considered an Avast Secure Internet Gateway
“Seat”, and every 2,000 DNS Transactions per calendar day flowing through Avast
Secure Web Gateway shall be considered an Avast Secure Web Gateway “Seat”. You
acknowledge and agree that the number of Seats you are required to purchase for
your use of: (i) Avast Secure Internet Gateway will be calculated by dividing
the total number of Transactions flowing through Avast Secure Internet Gateway
per calendar day, by 2,000; and (ii) Avast Secure Web Gateway will be calculated
by dividing the total number of DNS Transactions flowing through Avast Secure
Web Gateway per calendar day, by 2,000.
13.12.6. Although Vendor may not charge you separately for bandwidth in
connection with your use of the Avast Secure Gateway, Vendor and the relevant
Vendor Partner incur significant bandwidth costs in providing of the Avast
Secure Gateway to you. Accordingly, a material increase in your bandwidth
consumption in connection with your use of the Avast Secure Gateway will
significantly affect and disrupt the business operations of Vendor and the
Vendor Partner. You acknowledge and agree that, in circumstances where your
bandwidth consumption in connection with your use of the Avast Secure Gateway
materially exceeds the number of DNS Transactions, or DNS Transactions per Seat,
specified by the Applicable Conditions, Vendor or the Vendor Partner may notify
you, in which case you must negotiate in good faith with Vendor: (i) on a
bandwidth reduction plan; and/or (ii) to increase the pricing for of the Avast
Secure Gateway for the remainder of the Subscription Term. If you are unable to
reach a mutually agreeable resolution with Vendor within thirty (30) days from
the date of notification by Vendor or Vendor Partner (as applicable), then
Vendor may on thirty (30) days’ notice, terminate the remaining portion of your
Subscription Term for the Avast Secure Gateway and refund to you any portion of
the subscription fees you have pre-paid for the unused portion of the
Subscription Term.
13.12.7. You acknowledge and agree that Vendor Group and Vendor Partners may
use, reproduce, store, modify, and display the information from your transaction
logs (i.e. the metadata of all network traffic sent to, or received from, you
through your use of an Avast Secure Gateway) (the “Transaction Logs”).
Transaction Logs will be retained by Vendor Group or Vendor Partners for rolling
6 month periods during the Subscription Period. On termination or expiration of
the Subscription Period, the Transaction Logs shall be deleted by Vendor Group
and Vendor Partners pursuant to the standard retention cycle of Vendor Group and
Vendor Partners, or earlier as you may request in writing.
13.13. Certain HMA Solutions
13.13.1. Virtual Private Network. Unless otherwise provided by the Applicable
Conditions, your subscription to the HMA Virtual Private Network product (the
“HMA VPN”) authorizes you to create no more than 5 simultaneous connections in
respect of each HMA VPN subscription. Notwithstanding anything to the contrary
in this Agreement, if you exceed the number of simultaneous connections
authorized for your HMA VPN subscription, Vendor may at any time without any
prior notice to you, suspend or disable your access to, and/or use of, the HMA
VPN. If you wish to increase the authorized number of simultaneous connections
for your HMA VPN subscription, please contact us at
[email protected]
[
[email protected]].
13.13.2. Web Proxy. The HMA web proxy service (“Web Proxy”) is a free Solution
that does not require you to register your details with Vendor. You acknowledge
and agree that you are solely responsible for, and Vendor Group and Vendor
Partners accept no liability to you or any third party for: (a) your access,
viewing or use of, or the contents of (including any offensive or objectionable
content), any third party website accessed or viewed while using Web Proxy; (b)
your compliance with the terms of use applicable to any third party website you
access, visit or use while using the Web Proxy; and (c) any claim, loss or
damage arising from any content that you create, make available, transmit or
display while using Web Proxy, including any claim, loss or damage suffered or
incurred by Vendor Group or Vendor Partners.
13.14. Virtual Private Networks. Several countries prohibit or restrict the use
of virtual private networks (“VPNs”), and some have instituted technological
measures to prevent VPNs from working. As a result, Vendor’s VPN Solutions
(including the HMA VPN) are subject to territorial restrictions that may change
from time to time. You can find further information here
[https://www.avast.com/vpn-territory].
13.15. Appliance. Vendor may provide you with a dongle or other appliance (the
“Appliance”) as a part of your Solution, in which case the additional provisions
set forth in this Section 13.15 will apply:
13.15.1. The limited warranty period established by Section 6.1 is extended for
the Appliance to 1 year from the date of purchase (the “Appliance Warranty
Period”).
13.15.2. You must notify Vendor promptly if the Appliance is or becomes
defective. If you notify Vendor of the defect during the Appliance Warranty
Period and Vendor is unable to remedy the defect remotely, Vendor at its option
and expense within 5business days will either: (a) replace the Appliance with a
new or refurbished unit of the Appliance, in which case the warranty established
by Section 6.1 will apply for the remainder of the Appliance Warranty Period
applicable to the original unit of the Appliance; or (b) terminate your
subscription and refund any unearned subscription fees you have previously paid.
If the Appliance fails following the end of the Appliance Warranty Period, or if
it fails because of misuse, tampering, interference, abuse, casualty, loss or
theft, Vendor may charge you its standard price for the replacement unit of the
Appliance. Vendor in its sole discretion may replace the Appliance with a new or
different appliance that will also be subject to this Agreement (including
Section 13.15).
13.16. Mobile Threat Intelligence Platform
13.16.1. As used in this Section 13.16:
(a) “Content” means any content, materials, products and services that you may
access on or through the MTIP, including Vendor Content, Your Content and
information you may exchange with other MTIP users.
(b) “MTIP” means the Mobile Threat Intelligence Platform made available by
Avast.
(c) “Threat Sample” means any code, feature, routine or device that contains,
describes or demonstrates any element of Malicious Code.
(d) “Vendor Content” means all Content that members of the Vendor Group upload,
publish, display or make available to others by using the MTIP, and all Content
that is published, displayed, distributed or made available by other parties
using the MTIP, but excluding Your Content and Threat Samples.
(e) “Your Content” means all Content (excluding any Threat Samples), materials,
products and services that you upload, publish, display, distribute or make
available to others by using the MTIP.
13.16.2. Vendor Content, as between you and the Vendor Group, is the property of
the members of the Vendor Group. Members of the Vendor Group, subject to the
terms and conditions of this Agreement, grant you a limited, non-exclusive
license to use and access Vendor Content as made available to you on the MTIP
solely in connection with your use of the MTIP.
13.16.3. The availability of any Content on the MTIP does not amount to an
endorsement or verification of such content by any member of the Vendor Group.
Members of the Vendor Group make no warranties or representations regarding the
accuracy, completeness, or timeliness of any Content made available on the MTIP.
Members of the Vendor Group are not providing any advice or recommendations to
you by making Content available on the MTIP (including in respect of Vendor
Content) and, accordingly, you must form your own judgments and decisions based
upon your own due diligence and investigations, and must not place any reliance
on the accuracy, completeness, or timeliness of any Content made available on
the MTIP.
13.16.4. By uploading, publishing, displaying, distributing or making available
Your Content on the MTIP, you grant members of the Vendor Group a non-exclusive,
worldwide, royalty-free, fully paid up, transferable, sublicensable (through
multiple tiers), license to use, copy, reproduce, process, adapt, modify, create
derivative works from, upload, publish, transmit, store, display, distribute,
make available to others, and otherwise use Your Content in connection with the
operation or use of the MTIP or the promotion, advertising or marketing of the
MTIP, in any and all media or distribution methods or modes of making the MTIP
or Content available to others (now known or later developed). You agree that
this license includes the right for members of the Vendor Group to make Your
Content available to Vendor Partners who collaborate with members of the Vendor
Group for the uploading, publishing, displaying, distributing or making
available Your Content through other media or distribution methods or modes of
making the MTIP or Content available to others. This license also includes the
right for other users of the MTIP to use and modify Your Content. You understand
that we may modify, adapt, or create derivative works from Your Content in order
to upload, publish, display, distribute or make it available over computer
networks, devices, service providers, and in various media. We may also remove
or refuse to publish Your Content on the MTIP, in whole or part, at any time in
our sole discretion.
13.16.5. By uploading, publishing, displaying, distributing or making available
Your Content on the MTIP, you represent, warrant and undertake to each member of
the Vendor Group that: (a) you have the ownership rights, or you have obtained
all necessary rights licenses or permissions from any relevant parties, to use
Your Content and to grant members of the Vendor Group all necessary rights,
licenses and permissions to use Your Content as provided for under this
Agreement; and (b) that uploading, publishing, displaying, distributing or
making available Your Content on the MTIP will not infringe the intellectual
property rights of any third party or member of the Vendor Group, violate the
privacy or other personal rights of others, or violate applicable law. You
accept full responsibility for avoiding infringement of the intellectual
property, violation of the privacy or other personal rights of others or
violation of applicable law in connection with Your Content. You agree to pay
all royalties, fees, and any other monies owed to any person by reason of you
uploading, publishing, displaying, distributing or making available Your Content
on the MTIP or members of the Vendor Group or Vendor Partners exercising any of
the rights, licenses and permissions you have granted under this Section 13.16.
13.16.6. No member of the Vendor Group makes any representation, warranty or
undertaking regarding Threat Samples, and the Vendor Group disclaims any
warranty (whether express or implied) that the reproduction, distribution or use
of any Threat Sample does not infringe the intellectual property rights of any
third party, violate the privacy or other personal rights of others, or violate
applicable law. If you use, copy, reproduce, process, adapt, modify, create
derivative works from, upload, publish, transmit, store, display, distribute,
make available to others, or otherwise use any Threat Sample, you assume all
associated risks, and irrevocably waive all rights to bring a claim against any
member of the Vendor Group in connection with such Threat Sample.
13.16.7. For the avoidance of doubt,
Sections 4, 5.1.7, 5.1.11 and 5.3 (“Pertinent Sections”) shall be applicable to
Your Content and your use of the MTIP (including uploading, publishing,
displaying, distributing or making Your Content available on the MTIP). This
Section 13.16 and the Pertinent Sections, to the greatest extent practicable,
will be construed to be consistent with each other, but in the event of a
conflict they will govern in the following order of precedence: (i) this
Section 13.16; and (ii) the Pertinent Sections.
13.17 Cloud Backup.
13.17.1 The Cloud Backup Service offered as part of Avast Business Hub and Avast
Business CloudCare allows you to store and retrieve your data (“Cloud Backup
Service”). Following the expiration or termination of the applicable
subscription period we may permanently delete any data stored in the Cloud
Backup Service. Additionally, we will not maintain any stored data, migrate your
data to a third party or another backup service or account, and you will not be
able to move that data to a separately purchased subscription until the
applicable subscription period of the account at issue is renewed. Managing and
monitoring your data is solely your responsibility.
13.17.2 With respect to processing of your stored data containing personal
data (“Data”) for the provision of the Cloud Backup Service, you shall act as
the controller and we as the processor of the Data. You have full control over
what Data you decide to store with us. The subject-matter of the processing of
the Data is the provision of Cloud Backup Services. The nature of the processing
of the Data includes organization, storage, disclosure and erasure.
13.17.3 Each party will comply with the data protection law as applicable to
it. We shall process the Data only on documented instructions from you,
including with regard to transfers of personal data to a third country or an
international organisation, unless required to do so by applicable law; in such
a case, we shall inform you of that legal requirement before processing, unless
that law prohibits such information on important grounds of public interest. We
shall immediately inform you if, in our opinion, an instruction infringes on any
data protection law. We shall process the Data for as long as it is necessary to
fulfill our obligations under the Agreement. After the termination or expiry of
the Agreement, we shall, without undue delay, destroy or remove all Data that we
have not returned to you. This does not apply if we have legitimate reasons to
further process the Data under data protection law.
13.17.4 You authorize us to use Infrascale as our sub-processor. We will
inform you in advance of any new sub-processors we intend to use and will give
you an opportunity to object to such changes. If you do not object to such
changes before their implementation, the changes are considered approved.
13.17.5 We maintain a comprehensive information security program to help
protect consumer information and information technology resources. Our Global
Cyber Security program is developed based on International Organization for
Standardization (ISO) 27001:2013 and enforces compliance with information
security policies and methods that cover a wide range of security disciplines
that align to business requirements and industry standards such as ISO 27001 and
PCI-DSS. Our security program and controls are evaluated annually by independent
third-party auditors. We maintain an Information Security Policy that is
reviewed and approved at least annually at the executive level. We ensure that
all our personnel has access and comply with this policy. We adopt physical,
technical, and organizational security measures in accordance with industry best
practices and standards as well as legal and regulatory requirements. We
maintain a Business Continuity Plan (“BCP”) and a Disaster Recovery Plan (“DRP”)
and test the plans at least annually with any findings remediated. The BCP
contains the information necessary to plan for the recovery of each essential
business function. The DRP includes multiple connections, emergency power,
automated fire suppression systems, redundant bandwidth and server requirements.
13.17.6 A part of the Cloud Backup Service is provided by our sub-processor
Infrascale. Infrascale has implemented and maintains appropriate technical and
organizational practices designed to protect Data against any misuse or
accidental or unlawful destruction, loss, alteration, unauthorized disclosure
of, or access to Data. Such security practices are described at
https://www.infrascale.com/security/. Infrascale seeks to continually strengthen
and improve its security practices and therefore reserves the right to modify
the controls described herein. Any modifications will not diminish the level of
security. Infrascale employees are bound by appropriate confidentiality
agreements and required to engage in regular data protection training as well as
comply with Infrascale corporate privacy and security policies and procedures.
13.17.7 You are responsible for (i) properly configuring the Cloud Backup
Services, (ii) using the controls available in connection with the Cloud Backup
Services to allow you to restore the availability and access to Data in a timely
manner in the event of a physical or technical incident (e.g., backups and
routine archiving of Data), and (iii) taking such steps as you consider adequate
to maintain appropriate security, protection, and deletion of Data, which
includes use of encryption technology to protect Data from unauthorized access
and measures to control access rights to Data.
13.17.8 We shall grant access to the Data to members of our personnel only to
the extent strictly necessary for the implementation, management and monitoring
of the Cloud Backup Services. We shall ensure that persons authorized to process
the Data have committed themselves to confidentiality or are under an
appropriate statutory obligation of confidentiality.
13.17.9 We will promptly notify you of the occurrence of personal data breach
affecting the Data and will provide you with reasonable cooperation in
connection with the breach.
13.17.10 We shall deal promptly and adequately with your inquiries about the
processing of the Data and provide you with the necessary assistance to comply
with the applicable data protection law, in particular, with the handling of
data subjects´ requests and when carrying out data protection impact assessment
and consulting with the data protection authorities.
13.17.11 We shall make available to you information reasonably necessary to
demonstrate compliance with this section of the Agreement. You acknowledge that
we are regularly audited against industry leading standards by an independent
third party and internal auditors. Upon written request, we shall provide, on a
confidential basis, a summary copy of our most current audit report and respond
to and complete your security due diligence questionnaire provided you shall not
exercise this right more than once per calendar year.
13.17.12 We and our sub-processors shall only transfer the Data from its country
of origin in accordance with applicable data protection law.
13.17.13 You hereby confirm and warrant that none of the Data stored as part of
the Cloud Backup Service is subject to the US Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”). You acknowledge that we do not intend to,
and will not, provide services as a Business Associate as defined under HIPAA.
Please click here to view other EULAs (including archived versions)
[/eula-legacy]
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