IMPORTANT: PLEASE CAREFULLY READ THIS AGREEMENT BEFORE INSTALLINGAND USING THE SOFTWARE (AS
DEFINED BELOW). BY INDICATINGELECTRONIC CONSENT AND INSTALLING THE SOFTWARE, YOU AGREE TO
ALLTHE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TOTHESE TERMS AND
CONDITIONS, CLICK THE BUTTON THAT INDICATESREFUSAL, DO NOT CONTINUE TO INSTALL THE SOFTWARE AND
MAKE NOFURTHER USE OF THE SOFTWARE OR ACCOMPANYING MATERIALS.
This license agreement (the “Agreement”) is a legal agreement between you(“Customer”) and AVAST Software
s.r.o., a Prague, Czech Republic company (“AVAST”)for itself and on behalf of its Service Partners (as defined
below). This Agreementgoverns your use of the avast! EasyPass software distributed with this Agreement
(the“Software”), including any accompanying written documentation (the “Documentation”).This Agreement
also applies to any updates, supplements and support services for the Software, unless other terms accompany
All or portions of the Software provided to you hereunder, including storage of data, processing of fees and
support for the Software, may be provided by Siber Systems Inc. and one or more of AVAST’s third-party
providers, resellers or agents (collectively, the “Service Partners”). By accepting this Agreement, you consent to
the provision of all or any portion of the Software by such thirdparty Service Partners.
Upon Customer’s purchase of the Software and acceptance of this Agreement, Customer will be granted a
nonexclusive license to use the Software in accordance with Section 2 during the Service Period.
2. Acceptable use and conduct
Customer is solely responsible for Customer’s conduct, use of the Software and the consequences of any failure
by Customer or other user of the Software to comply with this Agreement. During the Service Period Customer
may: (a) use one (1) copy of the Software on the approved computer, mobile and other devices as designated in
the Documentation; and (b) make one (1) copy of the Software for back-up or archival purposes, or copy the
Software onto the hard disk of Customer’s computer and retain the original for back-up or archival purposes.
Customer may not, at any time:
- sublicense, rent or lease any portion of the Software to any other party
- reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source
code of or create derivative works from the Software;
- use the Software as part of a facility management, timesharing, service provider or service bureau
- use or attempt to use the Software to upload, store or transmit any data, information or materials that
infringe the intellectual property or other rights of third parties; contain any unlawful, harmful,
threatening, abusive, defamatory or otherwise objectionable material of any kind; or otherwise in any
way damage, disable or impair the operation of the Software;
- gain or attempt to gain unauthorized access to the Software, or to networks connected to it, or to content
stored or delivered through it, by any means, including by hacking, spoofing or seeking to circumvent or
defeat any firewalls or other technological or other protections or security measures;
- make commercial use of the Software, including but not limited to selling or distributing the
Software to any third party;
- transmit or store data belonging to another party without first obtaining all legally required consents from
the owner; or
- use the Software for any unlawful or improper purpose or in any manner that is not permitted pursuant
to this Agreement.
3. Online account, activation and synchronization
Customer hereby agrees that online activation (“Online Activation”) and device synchronization
(“Synchronization”) for the Software will be done via the Internet. Customer will be required to establish an
online account (“Account”) to access the Software, which Account will be activated upon AVAST’s receipt of
Customer’s subscription fee for the Software and will trigger Synchronization of the Software to Customer’s
designated computer and mobile devices. Customer agrees that Online Activation, Synchronization and/or
Customer’s Account may be used to enforce Customer’s use of the Software in accordance with the license
provided in this Agreement. In the event Customer does not make payment for the Software or allows the Service
Period to lapse without payment or Customer’s previous payment is reversed by any means, Customer’s Account
and all Software instances running on Customer’s computers and mobile devices will be de-activated. Customer
is entirely responsible for maintaining the confidentiality of Customer’s Account password.
4. Updates and upgrades
In order to optimize the Software, AVAST and its Service Partners may, at their discretion and without notice to
Customer, add, modify or remove features from the Software at any time. Customer shall have the right to
receive new features to the Software as AVAST and its Service Partners, in their sole discretion, make such
features available with the Software during Customer’s Service Period. Following the Service Period, Customer
may not be entitled to receive any feature or content updates or upgrades of the Software unless Customer
renews the Service Period or purchases a new subscription. Customer acknowledges and agrees that minor fixes
and upgrades to the Software will be provided to Customer for free; however, major upgrades and new releases
may require additional payment.
5. Privacy and use of customer data
Customer’s personal data, including Registration Data (as defined below), may be used by and transferred
between AVAST and its Service Partners in connection with providing the Software for such purposes that
include, but are not limited to, purchase tracking, reactivation of Software licenses, refund and chargeback
tracking and other technical and customer service purposes as may be referenced below.
Data that Customer enters into the Software Identities, Passcards and Safenotes is stored locally on Customer’s
computer or portable disk in files with RFT, RFP and RFN extensions, as well as on servers maintained by AVAST’s
Service Partner. Customer understands that deletion of or damage to these files will cause irreversible loss of
personal information contained in these files and Customer accepts the risk of such loss. If local copy of
Customer’s data maintained by the Software is lost, Customer may obtain copy of this data; however, availability
of a backup copy is not guaranteed by AVAST or any of its Service Partners. Customer is encouraged to keep multiple copies of Customer’s data on Customer’s computers, disks and other devices. AVAST and its Service
Partners may not be held liable to Customer or any third party if they cannot produce copy of Customer’s data.
The Software may transmit data contained in Identities, Passcards and Safenotes over the Internet for the
purposes of storing backup copy of Customer’s data and for purposes of Synchronization of such data between
Customer computers and mobile devices. If Customer or a program running on Customer’s computer or mobile
device causes the Software to fill an online form with such personal data, then submission of this form will result
in the data being sent over the Internet. The Software checks a server for its new version and security patches
approximately once a day, which results in technical data (such as operating system, browser version and
Registration Data) being transmitted to and stored by AVAST and its Service Partners.
In addition to data stored in Identities, Passcards and Safenotes, certain personal information known as
“Registration Data”, which consists of Customer’s name, e-mail address and the name of the person or company
who referred Customer to use the Software, each as Customer enters it when Customer runs the Software for
the first time, may be collected. Registration Data may be different from similar data stored in Customer’s
Identity. Customer can edit Registration Data by opening “Options”, clicking “Version” tab and then clicking the
“Registration Info” button.
By using the Software Customer acknowledges and agrees that AVAST or its Service Partners may collect,
transmit, store, disclose and otherwise use the information as described above. Customer is giving this consent
on behalf of all users of all computers where the Software will be used under this license and Customer accepts
full responsibility for informing all users and acquiring their fully informed, free and valid consent with processing
of their personal information by the Software as described above. The collected information may be transferred
to third parties or to other countries that may have less protective data protection laws than the country or
region in which Customer is situated. AVAST takes measures to ensure that any collected information will receive
an adequate level of protection if and when transferred.
AVAST reserves all rights to cooperate with any legal process, law enforcement request or government inquiry
related to Customer’s use of the Software. In connection therewith, AVAST may provide documents and
information relevant to a subpoena or investigation, which may include disclosure of Customer’s personal
Customer consents during the term of this Agreement and for one (1) year thereafter to (i) AVAST sharing
information collected from Customer during purchase, installation or registration of the Software with AVAST’s
business partners and (ii) use of such information by AVAST and its business partners to present Customer with
information that may be relevant to Customer, including product update newsletters and offers of software,
services or other products.
Use of personal data such as Customer’s credit card number, security code, billing address and other personal
information that Customer provides to AVAST or its Service Partners in connection with the purchase of the
Software may be covered under separate sales terms, as made available to Customer at the time of purchase.
AVAST will refund the full amount paid for the Software license if (i) the refund request is received by AVAST
within thirty (30) days of the date of purchase by Customer, (ii) Customer provides proof of purchase in the form of the original email receipt for the Software issued to Customer and (iii) AVAST (or its Service Partner) is able to
locate Customer in their databases using the information provided by Customer.
The Software and Documentation are the proprietary products of AVAST and its Service Partners and are
protected by copyright, trade secret and other intellectual property laws and international treaty provisions. The
structure, organization and code of the Software are valuable trade secrets and confidential information of
AVAST or its Service Partners. Customer acquires only the right to use the Software and does not acquire any
rights, express or implied, in the Software, Documentation or media containing the Software other than those
specified in this Agreement. AVAST and its Service Partners shall at all times retain all rights, title, interest,
including intellectual property rights, in the Software, Documentation and media. Customer shall not remove any
product identification, copyright notices, or other notices or proprietary restrictions from the Software.
8. Browser Modifications
The Software may install toolbar and/or a browser helper object on Customer’s computer, which are used to fill
and save forms in the browsers and to cause the browsers to perform automated logins.
To the maximum amount permissible under applicable law, Customer shall indemnify and hold AVAST, its
parents, subsidiaries, affiliates, officers, directors, employees, Service Partners and agents harmless from and
against any third party claims, demands, costs, damages, losses, liabilities and expenses, including reasonable
attorneys’ fees, made by any third party arising out of or in connection with use of the online synchronization
feature of the Software, including but not limited to liability arising out of or in connection with data transmitted
or stored through the online feature in connection with Customer’s account.
10. Warranties, indemnity and disclaimers
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. AVAST AND ITS SERVICE PARTNERS DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR OPERATE IN AN ENVIRONMENT
CREATED BY CUSTOMER; THAT OPERATION OF THE SOFTWARE OR RELATED SERVICES WILL BE UNINTERRUPTED
OR ERROR FREE; NOR THAT ANY ERRORS WILL BE CORRECTED.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICE IS WITH CUSTOMER.
AVAST FURTHER DOES NOT WARRANT THAT PRIVATE INFORMATION THAT BELONGS TO CUSTOMER AND THAT
CUSTOMER STORES IN THE SOFTWARE WILL NOT BE STOLEN OR OTHERWISE ACQUIRED BY THIRD PARTIES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET
FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, NEITHER AVAST NOR ANY OF ITS SERVICE PARTNERS,
AFFILIATES OR LICENSORS SHALL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY IN ANY EVENT FOR ANY
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE (INCLUDING THE ONLINE
SYNCHRONIZATION FEATURE AND TECHNICAL SUPPORT), INCLUDING BUT NOT LIMITED TO INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, SAVINGS, REVENUE, OR DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF AVAST OR ANY OF ITS SERVICE PARTNERS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL AVAST OR ITS SERVICE PARTNERS’ OR LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE
WHICH CUSTOMER PAID FOR THE APPLICABLE SERVICE PERIOD.
The license to the Software under this Agreement is effective until terminated or upon expiration of the thirty
(30) day free trial period, where applicable. Customer may terminate this Agreement at any time by uninstalling
the Software and deleting all Software files.
License to the Software under this Agreement will terminate immediately without notice from AVAST or its
Service Partners if Customer fails to comply with any provision of this Agreement, irrespective of any time that
may be left in the Service Period of the Software. Upon termination or expiration of this Agreement, Customer
must uninstall the Software, delete all Software files and destroy all copies of the Software in Customer’s
possession. The limitations of liability and disclaimers of warranty and damages contained herein shall survive
termination of this Agreement. AVAST reserves the right to any other remedies available under law in the event
Customer’s breach of this Agreement adversely affects AVAST or its Service Partners or agents.
avast! EasyPass, Passcard and Safenote are trademarks and/or trade names owned by AVAST Software s.r.o. or
its Service Partners. ANY UNAUTHORIZED USE OF THESE TRADEMARKS AND/OR TRADE NAMES OR ANY OTHER
INTELLECTUAL PROPERTY OWNED BY AVAST OR ITS SERVICE PARTNERS IS PROHIBITED.
14. Government customers
The 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” and any supplements
thereto, 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
- Export Regulation: Customer shall comply fully with all laws and regulations of the United States, the
European Union and other countries (“Export Laws”) to assure that neither the Software, nor any direct
products thereof, are exported, directly or indirectly, in violation of Export Laws, or are used for any purpose
prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons
proliferation. If the Software has been rightfully obtained by Customer outside of the United States,
Customer agrees not to re-export the Software nor any other technical data received, nor the direct product
thereof, except as permitted by the laws and regulations of the United States and the laws and regulations
of the jurisdiction in which Customer obtained the Software.
- Jurisdiction and Disputes: This Agreement and use of the Software shall be governed by the laws of the
State of California, excluding its conflicts of law rules. 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 use of the Software and Documentation The parties consent to the
jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue
defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of
the Software, AVAST shall be entitled to all legal costs and attorneys’ fees incurred in mediation, arbitration
and suit and on appeal. Customer acknowledges and agrees that AVAST shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Severability and Waiver: If for any reason a court of competent jurisdiction finds any provision of this
Agreement or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to
the maximum extent permissible so as to affect the intent of the parties, and the remainder of this
Agreement shall continue in full force and effect. No provision hereof shall be deemed waived unless such
waiver shall be in writing and signed by AVAST.
- Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect
to the use of the Software and the related documentation, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. No amendment to or
modification of this Agreement will be binding unless in writing and signed by a duly authorized
representative of AVAST Software s.r.o.