Avast End User License Agreement

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND AVAST SOFTWARE s.r.o., A COMPANY DULY ORGANIZED AND EXISTING UNDER THE LAWS OF THE CZECH REPUBLIC, REGISTERED IN THE COMMERCIAL REGISTER MAINTAINED BY THE MUNICIPAL COURT IN PRAGUE IN SECTION C, INSERT NO. 216540, IDENTIFICATION NO. 021 764 75 (“AVAST”). BY ASSENTING ELECTRONICALLY, INSTALLING OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE AVAST PRIVACY POLICY AT [https://www.avast.com/privacy-policy]. If you do not agree with the terms and conditions of this Agreement and the Avast privacy policy, do not continue the installation/registration process or use of the Software and delete or destroy all copies of the Software in your possession.

This Agreement accompanies certain software (including any upgrades or updates thereto as provided by AVAST, the “Software”) and related explanatory written materials. In this Agreement, “Documentation” means on-line explanatory information provided with the Software together with any information provided by AVAST that lists the conditions subject to which you may use (or continue to use) the Software (the “Documentation”).

1. License

AVAST grants to you a non-exclusive license to use the Software and the Documentation for the agreed term indicated in the Documentation or applicable transaction materials made available to you at the time you purchase the Software (the “Service Period”), provided that you agree to the terms and conditions of this Agreement.

2. Permitted use of the software

You may install and use the Software on up to the agreed number of computers indicated in the Documentation or other transaction materials made available to you at the time you purchase the Software (the “Permitted Number of Computers”). The Software must be used exclusively by you or members of your household. You may also make one backup copy of the Software. Provided the Software is configured for network use, you may install and use the Software on one or more file servers for use on a single local area network for only one (but not both) of the following purposes:

1. Either permanent installation of the Software onto a hard disk or other storage device for up to the Permitted Number of Computers, or
2. Use of the Software over such single local area network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers.
    

ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.

3. Upgrades and Updates

Upgrades and updates of the Software shall be provided to you by AVAST during the term of the license indicated in the Documentation or other transaction materials made available to you at the time you purchase the Software. You will not be entitled to receive any feature or content updates or upgrades of the Software unless you renew the Service Period or purchase a new subscription.

4. Ownership rights

The Software and Documentation is the intellectual property of AVAST and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of AVAST. To the extent you provide any comments or suggestions about the Software to AVAST, AVAST shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.
Except as stated in this Agreement, your possession, installation and use of the Software does not grant you any rights or title to any intellectual property rights in the Software or Documentation. All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by AVAST.

5. Restrictions

You may not copy or use the Software or the Documentation except as set forth in Section 2 of this Agreement. You may not remove any proprietary notices or labels on the Software; any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on and in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software or algorithms contained therein or create any derivative works from the Software. You are not permitted to use the Software in connection with the provision of any commercial services which include processing or transferring the data of or for other persons or entities (“Data”), including cloud computing and “Software as a Service” solutions, providing storage capacities for Data; transmitting, routing of or providing connection to Data or providing information search tool services. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other similar arrangement.

6. Transfer

You may not rent, lease, sub-license, or lend the Software or the Documentation or any portions thereof. You may, however, transfer all your rights to use the Software and the Documentation to another person provided that (i) the transferee accepts the terms of this Agreement; (ii) you transfer the Software, including all copies, updates and prior versions, and all Documentation to such person; and (iii) you retain no copies of the Software or of the Documentation, including but not limited to copies stored on your computer. Partial transfer of your rights under this Agreement, including transferring use of a portion of the Permitted Number of Computers to another person, is strictly prohibited.

7. Limited warranty; disclaimers and exclusion of liability

AVAST warrants to you that the Software will perform substantially in accordance with the Documentation for a period of thirty (30) days following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within the thirty (30) day warranty period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of AVAST and its distributors and agents and your exclusive remedy shall be limited to, at AVAST’S option, either (i) replacement of the Software or (ii) refund of the license fee you paid for the Software This limited warranty is void if the Software does not perform substantially in accordance with the Documentation as a result of any accident, abuse, alteration or misapplication of the Software by you or any third party other than AVAST, its distributors or agents.
Be aware that the Software may make changes to your computer that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the Software as infected. You acknowledge and agree to such changes to your computer that may occur as a result of your use of the Software. The Software is not fault-tolerant and as such is not designed for use in hazardous environments requiring fail-safe performance.

AVAST AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE REMEDY IN THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AVAST’S OR ITS DISTRIBUTORS’ OR AGENTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS PROVIDED “AS IS” AND AVAST AND ITS DISTRIBUTORS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVAST OR ITS DISTRIBUTORS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOST DATA, EVEN IF AVAST OR ITS DISTRIBUTOR OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO CASE SHALL AVAST’S OR ITS DISTRIBUTORS’ OR AGENTS’ LIABILITY FOR ANY DAMAGE EXCEED THE AMOUNT OF THE LICENSE FEE YOU PAID FOR THE SOFTWARE FOR THE APPLICABLE SERVICE PERIOD.

THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY OF AVAST AND ITS DISTRIBUTORS DO NOT LIMIT POTENTIAL LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OVER THE EXTENT PERMITTED BY APPLICABLE LAWS.

8. Privacy; Processing of personal information

AVAST collects certain information regarding the users of the Software, including certain personally identifiable information. This collection and use of this information is described in and is governed by AVAST´s privacy policy, available at https://www.avast.com/privacy-policy. By accepting this Agreement, you consent to AVAST´s collection and use of such information and your further agree that AVAST may update its privacy policy from time-to-time and you agree to periodically read AVAST´s privacy policy to stay informed of any changes. Please note that your continued use of the Software after any change in the privacy policy is your agreement with, and consent to be bound by, the revised privacy policy.

9. U.S Government restricted rights

This Software and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, and subject to certain restricted rights as identified in FAR Section 52.227-19 “Commercial Computer Software - Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, or any successor U.S. regulations. Any use, modification, reproduction, release, performance, display or disclosure of the Software by the U.S. Government shall be done solely in accordance with this Agreement.

10. Export regulations

You agree and accept that the Software and the Documentation may be subject to import and export laws of any country, including those of the United States (specifically the Export Administration Regulations (EAR)) and the European Union. If you transfer or export the Software, which in all cases must be done in accordance with this Agreement, you agree to and acknowledge that you are exclusively responsible for complying with all applicable laws and regulations, including but not limited to all United States and European Union trade sanctions and export regulations (including any activities relating to nuclear, chemical or biological materials or weapons, missiles or technology capable of mass destruction), regardless of the country in which you reside in or of which you are a citizen.

11. Governing law and jurisdiction

The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Software and the Documentation. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The courts located within the county of Santa Clara, California shall be the exclusive jurisdiction and venue for any dispute or legal matter arising out of or in connection with this Agreement or your use of the Software and the Documentation. Notwithstanding this, you agree that AVAST shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

12. General

This Agreement is the entire agreement between you and AVAST relating to the Software and Documentation. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software 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 will immediately terminate upon your breach of any obligation contained herein (especially your obligations in Sections 2, 5, 10 which will cause forfeiture of any rights you may have to refund of the license fee paid for the Software). AVAST reserves the right to any other remedies available under law in the event your breach of this Agreement adversely affects AVAST or its distributors or agents. The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination of this Agreement. This Agreement may be modified by the Documentation. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by AVAST. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.