Kaspersky Plugin License Agreement
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;
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.