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. 02176475 (“AVAST”). BY ASSENTING ELECTRONICALLY, INSTALLING OR USING THIS SOFTWARE 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 use 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.
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.
There is Software hosted by Avast. You may access and permit the authorized number of users to access the Software and the Documentation. There are also components of the Software downloaded by you. You may install and use the downloaded components of 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 Software must be used exclusively by you or your subsidiaries (those entities over which you have more than fifty percent (50%) ownership and control) for internal purposes that do not contravene this Agreement or applicable law. In the event of any such use of the Software by your subsidiaries, you will ensure and be liable for your subsidiaries’ compliance with all obligations imposed on you hereunder. Any obligations of AVAST in respect of the Software shall be owed solely to you and not your subsidiaries that use the Software under this license.
ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION OR ANY RESALE OR FURTHER DISTRIBUTION OF ACCESS TO THE SOFTWARE CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
You will be charged according to rules available here: https://support.business.avast.com. These rules are a part of the Documentation and may be subject to change. You will always find the latest billing rules under the provided link and you will be dully notified of any material changes thereof.
Upgrades and updates of the Software shall be provided to the Software 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.
The Software 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 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 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.
You may not 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. You agree not to copy, 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.
You may not rent, lease, sub-license, or lend the Software or the Documentation or any portions thereof. You may not transfer or assign the license herein or any of your obligations in this Agreement, in whole or in part, without AVAST’S prior written consent.
AVAST warrants to you that the Software will perform substantially in accordance with the
Documentation for a period of thirty (30) days following your purchase of the Software. To make a
warranty claim, you must notify Avast 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,
your subsidiaries 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.
The Software collects certain information, which may include personally identifiable information, from the computer on which it is installed, including:
AVAST reserves the right to store and use the information collected by the Software 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 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 computers where the Software 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 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 you are situated (including the European Union). 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, 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. 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.
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 12.212 “Computer Software” 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.
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. In using the Software, 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.
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.
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.
It may happen that applicable transaction materials made available to you at the time or before you purchase or otherwise acquire the Software explicitly amend or delete certain parts of this Agreement or adds new parts hereto. In such cases the changes, deletions and additions included in the applicable transaction materials made available to you at the time or before you purchase or otherwise acquire the Software take precedence over this version of the Agreement.