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KASPERSKY LAB END USER LICENSE AGREEMENT
NOTICE TO ALL USERS: BY PURCHASING THE PLUGIN LICENSE
KEYS, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND
BY AND BECOME A PARTY TO THIS AGREEMENT.
All references to "Software" herein shall
be deemed to include the software license key with which you will be
provided by Stalker Software, Inc. as part of the Software.
1. LICENSE GRANT.
Subject to the payment of the applicable licence fees, and subject to
the terms and conditions of this Agreement, Kaspersky Lab hereby grants
to you a non-exclusive, non-transferable right to use one copy of the
specified version of the Software and the accompanying documentation
(the "Documentation") for the term of this Agreement solely
for your own internal business purposes. You may install one copy of
the Software on one CommuniGate Pro Server computer.
2. USE. The Software is licensed as a single
product; it may not be used on more than one CommuniGate Pro Server
at a time.
The Software is "in use" on a Server when
its License Key is entered in the Server settings.
You shall not decompile, reverse engineer, disassemble
or otherwise reduce any party of this Software to human readable form
nor permit any third party to do so.
You shall not, nor permit any third party to copy
(other than as expressly permitted herein), make error corrections to
or otherwise modify, adapt or translate the Software nor create derivative
works of the Software.
You shall not rent, lease or lend the Software to
any other person, nor transfer or sub-licence your licence rights to
any other person.
You shall not use this Software in automatic, semi-automatic
or manual tools designed to create virus signatures, virus detection
routines, any other data or code for detecting malicious code or data.
3. TERM.
This Agreement is effective for 12 [twelve] months unless and until
earlier terminated as set forth herein. This Agreement will terminate
automatically if you fail to comply with any of the conditions, limitations
or other requirements described herein. Upon any termination or expiration
of this Agreement, you must immediately destroy all copies of the Software
and the Documentation. You may terminate this Agreement at any point
by destroying all copies of the Software and the Documentation.
4. SUPPORT.
Stalker Software, Inc. and Kaspersky Lab will provide you with the support
services ("Support Services") as defined below for a period
of 12 months.
"Support Services" means:
- Weekly updates of antivirus databases;
- Free software updates, including version upgrades;
- Virus detection and curing updates in 24-hours
period.
5. OWNERSHIP RIGHTS.
The Software is protected by copyright laws. Kaspersky Lab and Stalker
Software, Inc. own and retain all right, title and interest in and to
the Software, including all copyrights, patents, 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.
6. LIMITED WARRANTY.
You may not rent, lease, loan or resell the Software. You may not permit
third parties to benefit from the use or functionality of the Software
via a timesharing, service bureau or other arrangement, except to the
extent such use is specified in the applicable list price or product
packaging for the Software. You may not transfer any of the rights granted
to you under this Agreement. You may not reverse engineer, decompile,
or disassemble the Software, except to the extent the foregoing restriction
is expressly prohibited by applicable law. You may not modify, or create
derivative works based upon, the Software in whole or in part. You may
not copy the Software or Documentation except as expressly permitted
in Section 1 above. You may not remove any proprietary notices or labels
on the Software. All rights not expressly set forth hereunder are reserved
by Kaspersky Lab. Kaspersky Lab reserves the right to periodically conduct
audits upon advance written notice to verify compliance with the terms
of this Agreement.
7. WARRANTY and DISCLAIMER.
(i) Stalker Software, Inc. warrants that for 90
[ninety] days from first download or installation the Software will
perform substantially in accordance with the functionality described
in the Documentation when operated properly and in the manner specified
in the Documentation.
(ii) You accept all responsibility for the selection
of this Software to meet your requirements.
(iii) Stalker Software, Inc. does not warrant
that the Software and/or the Documentation will be suitable for such
requirements nor that any use will be uninterrupted and error free.
(iv) Stalker Software, Inc. and does not warrant
that this Software identifies all known viruses, nor that the Software
will not occasionally erroneously report a virus in a message not
infected with that virus.
(v) Your sole remedy and the entire liability
of Stalker Software for breach of the warranty at paragraph (i) will
be at Stalker Software, Inc. option, to repair, replace or refund
of the Software if reported to Stalker Software during the warranty
period. You shall provide all information as may be reasonably necessary
to assist Stalker Software and Kaspersky Lab in resolving the defective
item.
(vi) The warranty in (i) shall not apply if you
(a) make or cause to be made any modifications to this Software without
the consent of Kaspersky Lab, (b) use the Software in a manner for
which it was not intended or (c) use the Software other than as permitted
under this Agreement.
(vii) The warranties and conditions stated in
this Agreement are in lieu of all other conditions, warranties or
other terms concerning the supply or purported supply of, failure
to supply or delay in supplying the Software or the Documentation
which might but for this paragraph (vii) have effect between the Kaspersky
Lab and you or would otherwise be implied into or incorporated into
this Agreement or any collateral contract, whether by statute, common
law or otherwise, all of which are hereby excluded (including, without
limitation, the implied conditions, warranties or other terms as to
satisfactory quality, fitness for purpose or as to the use of reasonable
skill and care).
8. LIMITATION of LIABILITY.
Stalker Software, Inc. shall have no liability (whether in contract,
tort, restitution or otherwise) for any of the following losses or damage
(whether such losses or damage were foreseen, foreseeable, known or
otherwise):
- Loss of revenue;
- Loss of actual or anticipated profits (including for loss of profits
on contracts);
- Loss of the use of money;
- Loss of anticipated savings;
- Loss of business;
- Loss of opportunity;
- Loss of goodwill;
- Loss of reputation;
- Loss of, damage to or corruption of data;
or
Any indirect or consequential loss or damage howsoever caused (including,
for the avoidance of doubt, where such loss or damage is of the type
specified in paragraph (ii), (a) to (ii), (i).
The Kaspersky Lab liability (whether in contract,
tort, restitution or otherwise) arising out of or in connection with
the supply of the Software shall in no circumstances exceed a sum equal
to the amount equally paid by you for the Software.
The construction and interpretation of this Agreement
shall be governed in accordance with the laws of England and Wales.
The parties hereby submit to the jurisdiction of the courts of England
and Wales save that Kaspersky Lab as claimant shall be entitled to initiate
proceedings in any court of competent jurisdiction.
This Agreement contains the entire understanding of
the parties with respect to the subject matter hereof and supersedes
all and any prior understandings, undertakings and promises between
you and Kaspersky Lab, whether oral or in writing, which have been given
or may be implied from anything written or said in negotiations between
us or our representatives prior to this Agreement and all prior agreements
between the parties relating to the matters aforesaid shall cease to
have effect as from the Effective Date.
================================= End of License Agreement ==============================
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