PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AND SERVICE
AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND
SERVICE. 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 THE SOFTWARE OR SERVICES, YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do not continue the installation
process and delete or destroy all copies of the Software in your possession.
This Agreement applies to users of SecureLine standalone product (“SECURELINE”). The Agreement
sets out the terms and conditions that apply when you use software (including any upgrades or
updates) (“Software”) and services (including any upgrades or updates) provided by AVAST
(“Services”). Any reference in this Agreement to (i) “users” means users of SECURELINE (ii)
“Documentation” means on-line explanatory information provided with the Software or Services,
together with any information provided by Avast that lists the conditions subject to which you may use
(or continue to use) the Software or Services.
AVAST grants to you a non-exclusive (i) license to use the Software, (ii) right to use the Services and
(iii) right to use the Documentation for the agreed term indicated in the Documentation or applicable
transaction materials made available to you at any time you purchased the Software (the “Service
Period”) provided that you agree to the terms and conditions of this Agreement.
2. Permitted use of the software and services
You may install and use the Software on 1 device only (the “Permitted Number of Devices”).
ANY USE OF THE SOFTWARE OR THE SERVICES OTHER THAN AS EXPRESSLY
AUTHORIZED BY THIS SECTION OR ANY RESALE OR FURTHER DISTRIBUTION OF THE
SOFTWARE OR SERVICES CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT
AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
3. Upgrades and Updates
We may provide you with upgrades and updates of the Software and the Services during the Service
4. Ownership rights
The Software, the Services and Documentation are the intellectual property of AVAST and are
protected by applicable copyright laws, international treaty provisions and other applicable laws of the
country in which the Software and the Services are 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 and the Services 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 and the
Services does not grant you any rights or title to any intellectual property rights in the Software, the
Services or Documentation. All rights to the Software, the Services and Documentation, including all
associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are
reserved by AVAST.
You may not copy or use the Software, the Services 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 or the Services 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 or the Services via a timesharing, service bureau or other similar arrangement. You may not
use the Software or Services in order to build a competitive solution or if you are an employee of one
of our competitors. You may not load test the Services to test scalability. You may not use the
Software or Services in a manner that violates the intellectual property rights of any person. You may
not use the Software or Services in a manner that is prohibited by our then current Acceptable Use
You may not rent, lease, sub-license, or lend the Software, the Services, their results or the
Documentation or any portions thereof to a third party. You may not transfer all your rights to use the
Software, the Services 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 device. Partial transfer of
your rights under this Agreement, including transferring use of a portion of the Permitted Number of
Devices 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.
AVAST disclaims all liability for the Services, including any resulting from lost or compromised data.
AVAST does not make any warranty that your data will be stored safely or securely.
Be aware that the Software may make changes to your device 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 device 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, THE SERVICES 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 AND THE
SERVICES ARE 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
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 GREATER OF
FIVE U.S. DOLLARS ($5.00) OR THE FEE THAT YOU PAID FOR THE RIGHT TO USE THE
SOFTWARE OR SERVICES.
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
The Software and the Services collect certain information, which may include personally identifiable
information, from the device on which the Software is installed, including:
- Certain information about your device and/or internet connection;
- Certain information about the installation and operation of the Software and
encountered errors or problems;
- Certain information about your use of the Software, such as information about
your navigation within the GUI of the Software, in order to continually
improve the user experience; and
- Information about threats detected by the Software.
AVAST reserves the right to store and use the information collected by the Software and the Services
and to share such information within the AVAST Group in order to improve the AVAST Group’s
current and future products and services, to help the AVAST Group develop new products and
services, and to better understand the behavior of AVAST’s users. AVAST may publish or share such
information with third parties that are not part of the AVAST Group but will only ever do so after
removing personally identifiable information. For the purposes hereof, “AVAST Group” means
AVAST, its parent companies and any company that is controlled by or under common control with
AVAST or its parent companies.
By using the Software and Services you acknowledge and agree that AVAST Group or its distributors
or agents may collect and use the information as described above. You are giving this consent on
behalf of all users of all devices where the Software and Services will be used under this license and
you accept full responsibility for informing all users and acquiring their fully informed, free and valid
consent with processing of their personal information as described above.
of this Agreement and for one (1) year thereafter to (i) AVAST sharing information collected by you
during your purchase, installation of the Software and Services with AVAST’s distributors and other
business partners and (ii) use of such information by AVAST, its distributors and other business
partners to present you with information that may be relevant to you, including offers of software,
services or other products.
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 you are situated (including the
European Union). We may for example transfer the data to our US subsidiary or store them on our US
servers. AVAST takes measures to ensure that any collected information will receive an adequate level
of protection if and when transferred. Notwithstanding anything to the contrary in this Agreement or
any Documentation or other materials provided to you in connection with the Software, the Services
AVAST reserves all rights to cooperate with any legal process or government inquiry (including, but
not limited to, court orders and law enforcement requests) related to your use of the Software and the
Services. In connection with such cooperation, AVAST may provide documents and information
relevant to a court subpoena or government or other legal investigation, which may include disclosure
of your personally identifiable information. AVAST may also use statistics derived from the collected
information to track and publish reports on security risk trends.
By using the Software and the Services, you acknowledge and agree that AVAST may collect,
transmit, store, disclose and analyze such information for any of the foregoing purposes listed in this
9. U.S. government restricted rights
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”, 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, the Services 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 or
if you transfer the Services, 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, the Services 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,
the Services 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
This Agreement is the entire agreement between you and AVAST relating to the Software, the
Services and Documentation. This Agreement supersedes all prior or contemporaneous oral or written
communications, proposals, and representations with respect to the Software, the Services 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). In such case, you will not be entitled to a refund of
your license fee, and you will not receive any future upgrades and updates of the Software or Services.
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..
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.
This Agreement may be modified by the Documentation. The amendment will then apply from the
date of the posting. If you object to the amendment, you should not continue using the Software and