KASPERSKY LAB END USER LICENSE AGREEMENT

IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING

LEGAL AGREEMENT BEFORE YOU START USING THE SOFTWARE.

BY USING THE SOFTWARE, YOU CONSENT TO BE BOUND BY THE TERMS AND

CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE AND
DELETE THE SOFTWARE.

SECTION A. GENERAL PROVISIONS

1. Definitions
1.1. Software means software and related materials.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means AO
Kaspersky Lab, a company incorporated according to the laws of the Russian Federation.
1.3. Computer(s) means hardware(s), including servers, personal computers, laptops, workstations,
personal digital assistants, ‘smart phones’, hand-held devices, or other electronic devices for which
the Software was designed where the Software will be installed and/or used.
1.4. End User (You/Your) means individual(s) installing or using the Software on his or her own
behalf or who is legally using a copy of the Software; or, if the Software is being downloaded or
installed on behalf of an organization, such as an employer. “You” further means the organization
for which the Software is downloaded or installed and it is represented hereby that such organization
has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the
term “organization,” without limitation, includes any partnership, limited liability company,
corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated
organization, or governmental authority.
1.5. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies,
additions or maintenance packs etc.
1.6. User Manual means user manual, administrator guide, reference book and related explanatory
or other materials.
1.7. Technical Support website: http://support.kaspersky.com.

2. Grant of License
2.1. The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, and
display (to “use”) the free of charge Software within the scope of functionality set forth in the User
Manual or the Technical Support web-site, according to the terms and conditions of this Agreement
(the “License”) and you accept this License.
2.2. You have the right to make a copy of the Software solely for back-up purposes and only to
replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This back-up
copy cannot be used for other purposes and must be destroyed when you lose the right to use the
Software or when Your license expires or is terminated for any other reason according to the
legislation in force in the country of your principal residence or in the country where You are using
the Software.

3. Term and termination

3.1. The Software can be used perpetually.
3.2. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the
event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder
shall at any time without notice to You be entitled to terminate this License.

4. Technical Support
4.1. Technical Support is provided to users of the commercial versions of Kaspersky Endpoint
Security in accordance with Technical Support rules.
Technical support rules are located at: http://support.kaspersky.ru/support/rules.

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

6. Limited Warranty and Disclaimer

6.1. The Rightholder makes no guarantees that the Software is functionally operative.
6.2. THE SOFTWARE IS PROVIDED "AS IS" AND THE RIGHTHOLDER MAKES NO
REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT
TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW THE
RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION,
REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE,
COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING,
WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY
FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS
TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE, AND FOR
THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.
WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO
REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-
FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE
WILL MEET ANY OR ALL YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO
THE RIGHTHOLDER.

7. Exclusion and Limitation of Liability

7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS
OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR
FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD
FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATON, SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR
OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT
OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE,
MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY
BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE
RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY
PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS

AGREEMENT CANNOT BE EXLUDED OR LIMITED ACCORDING TO APPLICABLE LAW
THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO
YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS,
EXCLUSIONS AND LIMITATIONS.

8. GNU and Other Third-Party Licenses

8.1. The Software may include some software programs that are licensed (or sublicensed) to the user
under the GNU General Public License (GPL) or other similar free software licenses which, among
other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof,
and have access to the source code "Open-Source Software"). If such licenses require that for any
software, which is distributed to someone in an executable binary format, that the source code also
be made available to those users, then the source code should be made available by sending the
request to [email protected] or the source code is supplied with the Software. If any Open-
Source Software licenses require that the Rightholder provide rights to use, copy or modify an
Open-Source Software program that are broader than the rights granted in this Agreement, then such
rights shall take precedence over the rights and restrictions herein.

9. Intellectual Property Ownership

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

10. Governing Law

10.1. This Agreement will be governed by and construed in accordance with the laws of the Russian
Federation without reference to conflicts of law rules and principles. This Agreement shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. Any dispute arising out of the interpretation or
application of the terms of this Agreement or any breach thereof shall, unless it is settled by direct
negotiation, be settled by International Commercial Arbitration Court at the Russian Federation
Chamber of Commerce and Industry in Moscow, the Russian Federation. Any award rendered by the
arbitrator shall be final and binding on the parties and any judgment on such arbitration award may
be enforced in any court of competent jurisdiction. Nothing in this Section 10 shall prevent a Party
from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before,
during or after arbitration proceedings.

11. Period for Bringing Actions

11.1. No action, regardless of form, arising out of the transactions under this Agreement, may be
brought by either party hereto more than one (1) year after the cause of action has occurred, or was
discovered to have occurred, except that an action for infringement of intellectual property rights
may be brought within the maximum applicable statutory period.

12. Entire Agreement; Severability; No Waiver

12.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other
prior agreements, proposals, communications or advertising, oral or written, with respect to the
Software or to subject matter of this Agreement. You acknowledge that you have read this
Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in
whole or in part, such provision will be more narrowly construed so that it becomes legal and
enforceable, and the entire Agreement will not fail on account thereof and the balance of the
Agreement will continue in full force and effect to the maximum extent permitted by law or equity
while preserving, to the fullest extent possible, its original intent. No waiver of any provision or
condition herein shall be valid unless in writing and signed by you and an authorized representative
of Rightholder provided that no waiver of any breach of any provisions of this Agreement will
constitute a waiver of any prior, concurrent or subsequent breach. Rightholder’s failure to insist
upon or enforce strict performance of any provision of this Agreement or any right shall not be
construed as a waiver of any such provision or right.

13. Class Action Waiver and Binding Arbitration

13.1. If you reside in the United States, this Clause 13 applies to you. If a dispute, claim, or
controversy of any kind with respect to any Kaspersky Lab product, service, or any part of this
agreement, arises between You and Kaspersky Lab or You and a third-party affiliate of Kaspersky
Lab, and both parties couldn't resolve the dispute informally within a reasonable period of time, You
and the other party agree to binding individual arbitration before the American Arbitration
Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a
judge or jury. Any proceedings, including but not limited to class action lawsuits, class-wide
arbitrations, private attorney-general actions, the combining of individual actions without the
consent of all parties, or any other legal procedure where someone acts in a representative capacity,
are not permitted. By accepting this agreement, You agree not to begin or participate in any of the
above mentioned class and multi-party proceedings, and any action pursued by You and remedy, if
any awarded to You, must be on an individual basis, as provided in this clause. In the event of a
binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the
arbitrator’s decision will be final except for a limited right of appeal under the FAA. If any conflict
exists between this agreement and the rules of the AAA, this agreement shall govern.
13.2. Any dispute, claim, or controversy concerning Kaspersky Lab's intellectual property rights,
their enforcement, validity, etc., and any claim pertaining to any form of unauthorized use, including
but not limited to theft and piracy, of any Kaspersky Lab product or service are not subject to this
arbitration clause.

14. Rightholder Contact Information

Should you have any questions concerning this Agreement, or if you desire to contact the
Rightholder for any reason, please contact our Customer Service Department at:

AO Kaspersky Lab, Olympia Park Business Center, Bldg. 3, 39A, Leningradskoe Shosse
Moscow, 125212
Russian Federation
E-mail: [email protected]
Web site: www.kaspersky.com

© 2019 AO Kaspersky Lab. All Rights Reserved. The Software and any accompanying
documentation are copyrighted and protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.