PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE YOU START USING THE SOFTWARE.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
BY RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
ALSO RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE.
IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER THE CURRENT LICENSE AGREEMENT.
SECTION A. GENERAL PROVISIONS
1. Definitions
1.1. Software means software, accompanying/related materials, and Updates, as described in the User Manual.
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 — the operating system, virtual machine or hardware, including the workstation, mobile device or server for which the Software is intended and/or on which the Software is to be installed and/or used.
1.4. The Standard or Free Version of the Software means the version of the Software provided to users free of charge.
1.5. The Extended or Premium Version of the Software means the version of the Software with functionality available only after activation.
1.6. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are 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 this organization has authorized the person accepting this License 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.
1.7. Partner(s) means MYMobileSecurity and other organizations or individual(s) who distribute the Software based on an agreement and license with the Rightholder.
1.8. Update(s) — anti-virus databases, improvements, patches, extensions and/or modifications for the Software.
1.9. Software extensions — additional software components and services provided by the Rightholder that extend the functionality of the Software and can be used with the Software or independently of it and for which a new license may need to be acquired or the existing one extended. Some extensions are provided free of charge and others for a fee. You can find out more about these extensions before acquiring them.
1.10. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
1.11. License Certificate means a document that may be given to the End User which is accompanied by an activation code as well as further information about the license.
1.12. The Web-Portal means the Rightholder's and the Partner’s web resources intended to manage the installed Software and the licenses acquired.
1.13. User Account means the personal section of the Web-Portal created using data provided by the End User when registering at the Web-Portal. The User Account allows the End User to gain access to the Web-Portal to carry out the actions listed under Section A Clause 1.12.
2. Grant of license
2.1. You are granted a non-exclusive license to use the Software within the scope of the Software’s functionality described in the User Manual or on the Partner’s Technical Support website, provided that You comply with all technical requirements, restrictions and terms of use specified in this License Agreement.
Trial Version. If you have received, downloaded and/or installed a trial version of the Software and are hereby granted an evaluation license for the Software, you may use the Software only for evaluation purposes and only during the single applicable evaluation period, unless otherwise indicated, from the date of the installation of the trial version. Any use of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited.
Multiple-Environment Software; Multiple-Language Software; Dual-Media Software; Multiple Copies; Bundles. If you use different versions of the Software or different language editions of the Software, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total permitted number of your Computers and/or total permitted number of Your User Accounts on which all versions of the Software are installed shall correspond to the number of computers and/or the number of user accounts specified in licenses you have obtained from the Rightholder provided that, unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software on the number of Computer(s) and/or for the number of User Accounts as is specified in Section A Clauses 2.2 and 2.3.
2.2. If the Software was received/acquired via the Internet You have the right to use the Software for the number of Computers and/or User Accounts as was specified when You acquired the license to the Software.
2.3. If the Software was acquired on a physical medium You have the right to use the Software for the number of Computer(s) and/or User Accounts as is specified on the Software package or in the accompanying document.
2.4. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if this copy is lost, destroyed or becomes unusable. This backup 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, including reasons specified in Section A Clause 3.13, according to the legislation in force in the country of your principal residence or in the country where You are using the Software.
2.5. You can transfer the non-exclusive license to use the Software to other individuals within the scope of the license granted by the Rightholder to You, provided that the recipient agrees to be bound by all the terms and conditions of this License Agreement and to replace you in full in the license granted by the Rightholder. In case You fully transfer the rights granted from the Rightholder to use the Software You must destroy all copies of the Software, including the backup copy. If You are a recipient of a transferred license You must agree to abide by all the terms and conditions of this License Agreement. If You do not agree to be bound by all the terms and conditions of this License Agreement, You may not install and/or use the Software. You also agree as the recipient of a transferred license that You do not have any additional or better rights than those of the original End User who acquired the Software from the Rightholder or its Partners.
2.6. After activating the Software (except Software intended for evaluation purposes) within the period specified on the package (if the Software was not acquired via the Internet) or specified during confirming a subscription order or purchasing the Software (if the Software was acquired via the Internet), You will receive automatic Updates and the latest versions of the Software from the Rightholder or its Partners, as well as technical support as per Section A Clause 4.
2.7. To use the Software you may need to connect the Software to the Web-Portal using Your User Account. You are responsible for any actions performed using Your User Account involving the resources of the Rightholder and/or its Partners. You agree that the Rightholder and/or its Partners shall not be liable for the unauthorized use of Your User Account.
3. Activation and Term
3.1. The period of use for the Standard or Free version of the Software is not limited by the Rightholder.
3.2. If the Software was received/acquired via the Internet, the Software can be used, upon your acceptance of this License Agreement, for the period that was specified during acquisition.
3.3. If the Software was acquired on a physical medium, the Software can be used, upon your acceptance of this License Agreement, for the period that is specified on the package commencing upon acceptance of this License Agreement.
3.4. If You modify Your Computer or make changes to other vendors’ software installed on it, You may be required by the Rightholder to repeat activation of the Software.
3.5. If you have received the Software from a Partner, the period of use of the Software may be agreed upon between you and the Partner.
3.6. Where there is a License Certificate, the period of use of the Software is specified in the License Certificate.
3.7. Where there is a subscription, the period of use of the Software is specified when confirming the subscription.
3.8. If You received from the Rightholder or its Partners the Software for evaluation purposes as specified in Section A Clause 2.1, information about the period of use of the Software is indicated in the relevant section of the Rightholder’s or the Partner’s websites or can be obtained using the methods described in the User Manual.
3.9. If the Software acquired was intended for the prolongation of the right to use previously acquired Software, You can repeat activation of the Software only if the activation code for previously acquired Software is presented. In the absence of this activation code, the period of effective use of the Software will be limited in accordance with the information shown when purchasing the license, on the packaging or online resource where you acquired the license.
3.10. Upon expiry of the Software license for the Extended Version of the Software the functionality of the Extended Version of the Software shall be limited to the functionality of the Standard or Free Version of the Software, as described in the User Manual.
3.11. After expiration of the Software license, You may be entitled to continue use of the Software for a defined period of time, while the functionality of the Software may be limited. Details are available at https://help.mymobilesecurity.com/.
3.12. If You purchased the Software for use on more than one computer, the license period of the Software begins from the date of activation of the first Computer, or is specified in the License Certificate where such a License Certificate exists.
3.13. Without prejudice to any other remedy in law or in equity that the Rightholder or its Partners may have, in the event of any breach by You of any of the terms and conditions of this License Agreement, the Rightholder or its Partners shall at any time without notice to You be entitled to withdraw the granted license to use the Software without refunding the purchase price or any part thereof.
3.14. To check the legitimacy of the Software use the Rightholder reserves the right to verify that You have a licensed copy of the Software. If the verification cannot be performed within a certain period of time specified in the User Manual, the Software will work with limited functionality.
4. Technical Support
4.1. The Technical Support is provided to You by the Partner when the latest Update of the Software is installed (except for a trial version of the Software) in accordance with Technical Support rules.
Technical support service and its rules are located at: https://help.mymobilesecurity.com/.
5. Receiving informational and advertising materials
5.1. You acknowledge, accept and agree to receive informational materials via the Software from the Rightholders and/or Partners to improve the protection level.
6. Limitations
6.1. 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-waiverable 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 the Software’s binary code nor source 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 unauthorized use of the Software shall result in immediate and automatic termination of this License Agreement and the license granted hereunder and may result in criminal and/or civil prosecution against You.
6.2. You shall not transfer the rights to use the Software to any third party except as set forth in Section A Clause 2.5 of this License Agreement.
6.3. You shall not provide the activation code to third parties or allow third parties access to the activation code, which are deemed the confidential data of the Rightholder and you shall exercise reasonable care in protecting the activation code in confidence except for transferring the activation code to third parties as set forth in Section A Clause 2.5 of this License Agreement. You are responsible for the keeping Your activation code confidential during use of the Software.
6.4. The acquired license is granted as a whole, which must not be divided into parts for the purpose of distributing them to third parties on a commercial basis.
6.5. You shall not rent, lease or lend the Software to any third party.
6.6. 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.
6.7. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Section A Clause 4 of this License Agreement and You do not have the right to transfer the license or the rights to use the Software to any third party.
7. Limited Warranty and Disclaimer
7.1. The Software is intended to operate as described in the User Manual and, if supported versions of the Software are used, the installation by the End User of all the latest updates for the Software, unless otherwise stipulated in the License Agreement. The list of supported versions is available at https://help.mymobilesecurity.com/.
7.2. You agree that the Software is supplied with the option of automatic renewal, which provides automatic downloading and installation of enhancements, patches and/or modifications for the Software and components, as well as new versions of the Software.
7.3. You agree that the Software automatically downloads extensions for web browsers, which are necessary to ensure basic functionality of the licensed Software.
7.4. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.
7.5. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this License Agreement.
7.6. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Section A Clause 2.6 of this License Agreement.
7.7. The Rightholder or its Partners does not guarantee the availability of the functionality of the Software described in the User Manual on expiry of the period specified in Section A Clause 3 of this License Agreement.
7.8. The Rightholder does not guarantee that the Software will work correctly if a malfunction in the Software has been caused by any equipment or software not supplied by the Rightholder or any of its affiliates.
7.9. The work of the specific functionality of the Software is provided via access and/or use of third-party services as specified in this License Agreement and/or User Manual. Rightholder is not responsible for these third-party services. You further agree that Rightholder shall not be liable for any loss or damage of any sort associated with Your use of the third-party services.
7.10. You acknowledge that the Software will be provisioned with Rightholder’s standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.
7.11. You acknowledge and agree that the Software will engage in actions necessary for performance.
7.12. 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, NON-INFRINGEMENT 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 TO ACHIEVE YOUR INTENDED RESULTS, 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 OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
8. Exclusion and Limitation of Liability
8.1. 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, INFORMATION, 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 LICENSE 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.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS LICENSE AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS LICENSE AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY THAT DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
9. GNU and OtherThird-Party Licenses
9.1. The Software may include some software programs that are licensed (or sublicensed) to the End User under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the End User to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code "Open-Source Software"). If these 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 could be found either supplied with the Software, or could be made available by sending a request to source@kaspersky.com. 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 License Agreement, then these rights shall take precedence over the rights and restrictions herein.
10. Intellectual Property Ownership
10.1. 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 patents of the Russian Federation, European Union and the United States, as well as other countries and international treaties.
This License Agreement does not grant 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 License 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 License Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the license, as further defined herein, granted under this License Agreement only provides you with a right of limited use under the terms and conditions of this License Agreement. Rightholder reserves all rights not expressly granted to you in this License Agreement.
10.2. 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.
10.3. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.
11. Governing Law
11.1. Except as provided in Sections A Clauses 11.2 and 11.3 below, this License Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which You obtained the Software, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Software in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and U.S. Virgin Islands. If you obtained the Software in the United States, Puerto Rico, American Samoa, Guam or the U.S. Virgin Islands, the laws of the Commonwealth of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Software in a member country of the EU, the laws of Germany.
f. Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administrative Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Software in Japan, the laws of Japan.
j. Any Other Country or Territory. If you choose to obtain the Software in another country, the substantive laws of the country where the purchase took place will be in effect.
11.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this License Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Section A Clause 11.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
11.3. This License 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.
11.4. The End User is responsible for contacting only the Rightholder or their Partners directly if having any problems with the product.
12. Period for Bringing Actions
12.1. No action, regardless of form, arising out of the transactions under this License 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.
13. Entire Agreement; Severability; No Waiver
13.1. This License 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 the subject matter of this License Agreement. You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms. If any provision of this License 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 License Agreement will not fail on account thereof and the balance of the License 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 License 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 License Agreement or any right shall not be construed as a waiver of any such provision or right.
14. Class Action Waiver and Binding Arbitration
14.1. If you reside in the United States, this Clause 14 from Section A applies to you. If a dispute, claim, or controversy of any kind with respect to any Rightholder product, service, or any part of this License Agreement, arises between You and Rightholder or You and a third-party affiliate of Rightholder, 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. 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 License Agreement and the rules of the AAA, this License Agreement shall govern.
14.2. 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 License 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. You may contact the Rightholder or their Partners directly if having any problems with the product.
14.3. Any dispute, claim, or controversy concerning Rightholder'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 Rightholder product or service are not subject to this arbitration clause.
15. Rightholder Contact Information
Should you have any questions concerning this License Agreement, or if you desire to contact the MYMobileSecurity for any reason, please contact our Customer Service Department at:
MYMobileSecurity Ltd
5 Upper Montagu street
W1H 2AG London
UK
E-mail: info@mymobilesecurity.com
Web site: https://www.mymobilesecurity.com
SECTION B. CONDITIONS REGARDING DATA PROCESSING
Please read the conditions of the Section “Conditions regarding data processing.” This Section describes data received from You and/or from Your Computer and the manner by which the Rightholder will process data for the performance of this License Agreement. If the Software is used within a legal entity or on the Computer used by several individuals, You must ensure that they have understood and accepted the conditions of the Section “Conditions regarding data processing” before they use the Software.
1. For the Rightholder and/or its Partners to fulfill their obligations under this License Agreement, the Rightholder needs to receive and process information described in Section B Clause 1 for the declared purposes. Such information may be considered personal according to applicable laws of certain countries.
• Providing You with the core functionality of the acquired Software.
The core functionality of the Software as described in the User Manual is to provide security during use of the Computer. To provide this core functionality, while You are using the Software the Rightholder has to receive from Your device and process information about the installed Software, the scanned objects, information about the Computer and devices connected thereto, the Computer’s activity on the internet, specifically:
- Information about the application: application ID; full version of the application (major, minor, build, patch); application type; application localization code; application ID on the My Guardy portal; application customization code; license ID.
- Information about the user's device: network name of the device; device type; unique ID of the device; unique ID of the device on the My Guardy portal; information about the start/end of use of the device.
- Information about the operating system (OS), OS type, OS version; OS edition, OS bitness; version of installed update packages (major, minor, build, Service Pack, Build).
- Information about the application installation: unique ID of the application installation; application installation date.
- Information about the user: depersonalized user ID.
- Information about the My Guardy user account: unique ID of the user account on the My Guardy portal; user name on the My Guardy portal; one-time password for registering the device on the My Guardy portal; data for registering the device in My Guardy while linking it to the user account.
- Information about the child profile: name of the child; birth date of the child; child's icon within the application; child ID.
- Information about installed apps: data structure containing general information about the app installation; file name; app ID; app version; file path; file creation time; app metadata; start/end of use; number of times third-party apps were started; checksum (MD5 or SHA 256); category assigned to the scanned object (based on the Rightholder's classification); age categories assigned to the object; availability of a signature; availability of a trusted certificate for the file; indication of whether it is included in a software package; name and version of the software package; vendor of the software package; image and resolution of the app icon; list of IDs of remote apps; event date.
- Information about agreements accepted by the user: ID of the agreement; agreement type; agreement version; indicator of acceptance of the agreement; time when acceptance of the agreement was changed; date and time when this data was transmitted.
- Information about the user's web activity: URLs of visited websites; domain parts of web addresses that the user entered in the browser address bar or opened from search systems.
- Information about the statuses of child requests for additional time to use the device, child requests to access a website, child requests to access an app: time of the event; request ID; message text; lifespan of the request.
- Information about a child's search queries: URL of the search query; text of the search query; name of the search engine; time of the event.
- Information about blocking Internet (turned on or turned off).
- Information about scanned URLs: URL; web page header; reason for blocking the URL; date of the event; list of names of allowed, monitored, and blocked categories of websites according to the Rightholder's classification; value indicating whether the URL is on allowlist or denylist; value of the URL Referrer; type and version of the utilized protocol; ID of the request type; port number.
- Information about the Rightholder's service: service ID; token type; ID issued by the service when the application is successfully registered (subsequently used for authentication and registration of services on the specific device); ID issued by the service when a user–device link is successfully registered/authenticated; ID issued by the service when a user is successfully authenticated on the My Guardy portal; session token; session token issued by the service when a user–device–child-profile link is successfully registered/authenticated; data needed to receive an authorized session token; value indicating the necessity of returning an NS token; EKP token (key, user region, lifespan of the token, signature, short password flag).
- Information about the version of file categorization databases used by the software and the ID of the database record used during a scan.
- Information about the quality of the update of the installed product: type and version of the update task; update task completion status; product health status; type of error that may have occurred during an update; number of errors, crashes and unsuccessful terminations of the update task; ID of the product component that performs the update; unique ID of the update task start (generated randomly when the task is started and not changed until the task completes); date of the error; subsystem that caused the error; task name or module name where the error occurred; error code; date of the latest update was completed.
- ID of the Help section.
- Time of events related to application operation, parent ID.
- Information about video watched by a child: ID of the video watched by a child; title of the video watched by a child; channel name, on which the video watched by a child was posted.
- Other technical information: set of preferences; name of the set of preferences; ID of the set of preferences received by the device.
• Ensuring the uninterrupted operation of the Software and determining whether Updates are necessary.
In order to ensure the uninterrupted operation of the Software and determine whether Updates are necessary the Rightholder needs to receive from Your device and process the following information:
- Information about the application: ID of the licensed Software; Software license ID; Software localization; operating mode of Kaspersky Safe Kids; full version of the Software; Software update ID; Software installation ID (PCID); type of installed Software.
- Information about the user's device: device ID; unique device ID.
- Information about the operating system: OS ID; OS Service Pack version; Device Guard (windows) enablement status; version of the operating system installed on the user's computer; operating system bit version; OS edition.
2. The Rightholder also processes data in a form that does not, on its own, permit direct association with any specific individual. You can find the list of such data and purposes of their processing for a given software by visiting https://help.mymobilesecurity.com/, selecting the software, and viewing its respective “Data provision” section.
3. If You decide not to provide the information necessary for the Rightholder to perform its obligations under this License Agreement as indicated in the Section “Conditions regarding data processing,” You do not agree to the conditions of this License Agreement. In this case, please discontinue installation and/or remove the Software.
4. When You provide Your data through the Software to the Rightholder, the Rightholder handles it according to its Privacy Policy, which describes, in particular, the manner by which the Rightholder protects Your data, where the Rightholder processes Your data, and your rights as the data subject. You can find and read its complete content at https://www.guardyapp.com/en/products-and-services-privacy-policy/.