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Kaspersky Endpoint Security, AES Encryption Module and Kaspersky Endpoint Agent END

USER LICENSE AGREEMENTS; AND Products and Services PRIVACY POLICY

KASPERSKY ENDPOINT SECURITY END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”)

IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
BEFORE YOU START USING THE SOFTWARE.

CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE
AGREEMENT, OR BY ENTERING CORRESPONDING SYMBOL(-S), YOU CONFIRM IN A LEGALLY
BINDING WAY THAT YOU AS THE ORGANIZATION FOR WHICH THE SOFTWARE IS DOWNLOADED OR
ACQUIRED HAVE AUTHORIZED THE NATURAL PERSON ACCEPTING THIS LICENSE AGREEMENT TO
ENTER INTO THIS LICENSE AGREEMENT FOR AND ON BEHALF OF YOU. FURTHERMORE, YOU
CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. SUCH
ACTION IS A SYMBOL OF YOUR SIGNATURE AND YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS LICENSE AGREEMENT AND AGREE THAT THIS LICENSE AGREEMENT IS
ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CANCEL THE
INSTALLATION OF THE SOFTWARE AND DO NOT INSTALL 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.

AFTER CLICKING THE ACCEPT BUTTON IN THE WINDOW CONTAINING THE LICENSE AGREEMENT OR
AFTER ENTERING CORRESPONDING SYMBOL(-S), YOU HAVE THE RIGHT TO USE THE SOFTWARE IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

1. Definitions
1.1. Software means software including any Updates and related materials.
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(s) means combination of hardware(s), including personal computers,
laptops, workstations, personal digital assistants, ‘smart phones’, hand-held
devices, or other electronic devices, and operating system(s) (including system
virtual machines) for which the Software was designed where the Software will be
installed and/or used.
1.4. End User (You/Your) – means the organization for which the Software is
downloaded or acquired and it is represented hereby that such organization has
authorized the person accepting this 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.
1.5. Partner(s) means organizations or individual(s) who distributes the Software
based on an agreement and license with the Rightholder.
1.6. Update(s) means all upgrades, revisions, patches, enhancements, fixes,
modifications, copies, additions, or maintenance packs, etc.
1.7. User Manual means user manual, administrator guide, reference book and related
explanatory or other materials.
The on-line version of the User Manual is available on the Rightholder
website: www.kaspersky.com and may be updated when necessary.
1.8. Activation Code is a unique set of characters which can be used to activate
the Software.
1.9. Key File – means a file with the extension “.key” which can be used to
activate the Software.
1.10. License Certificate means a document that is given to the End User which is
accompanied by a Key File and Activation Code as well as further information about
the license.
1.11. Web-Portal means services provided by the Rightholder and used for management
of the installed Software and granted licenses, as well as to obtain and/or store
information obtained from the Software and for contacting technical support. As a
Web resource, “Company Account”, “Kaspersky Endpoint Security Cloud” can be used.
Any other Web resource that is used for the above purposes may also be used.

2. Grant of license
2.1. You are granted a non-exclusive license to use the Software within the scope
of the functionality described in the User Manual or on the Rightholder’s Technical
Support website, provided You comply with all technical requirements described in
the User Manual, as well as 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 initial
installation. 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 on which all versions of the Software are installed shall correspond
to the number of Computers specified in licenses You have obtained provided that
unless the licensing terms provide otherwise, each acquired license entitles You to
install and use the Software on such a number of Computer(s) as is specified in
Clause 2.2.
2.2. You have the right to use the Software for protection of such a number of
Computer(s) as is specified on the License Certificate.
2.3. You have the right to make a copy of the Software solely for back-up purposes
and only to replace the legally owned copy if such copy is lost, destroyed or
becomes unusable. This back-up 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 according to the legislation in force in the
country of Your principal residence or in the country where You are using the
Software.
2.4. From the time of the Software activation or after license Key File
installation (with the exception of a trial version of the Software) You have the
right to receive the following services from the Rightholder or its Partners for
the period specified in the License Certificate:
- Updates of the Software via the Internet when and as the Rightholder publishes
them on its website or through other online services. Any Updates that You may
receive become part of the Software and the terms and conditions of this Agreement
apply to them;
- Technical Support via the Internet and Technical Support telephone hotline;
- Access to information and auxiliary resources of the Rightholder.

3. Activation and Term


3.1. 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 or license Key File installation.
3.2. You have the right to use a trial version of the Software as provided in
Clause 2.1 without any charge for the single applicable evaluation period (30 days)
from the time of the Software activation according to this Agreement provided
that the trial version does not entitle You Updates and Technical support via the
Internet and Technical support telephone hotline. If Rightholder sets another
duration for the single applicable evaluation period You will be informed via
notification.
3.3. Your license to Use the Software is limited to the period of time as specified
in the License Certificate, the remaining period can be viewed via means described
in the User Manual.
3.4. Software functionality depends on the type of license being used, which is
specified in the License Certificate. Software functionality corresponds to the
description in the User Manual.
3.5. The Rightholder reserves the right to use any means and verification
procedures to verify the validity of the license and/or legality of a copy of the
Software installed and/or used on Your Computer. If there is no appropriate license
or verification of the license cannot be performed in a reasonable amount of time,
the Software will work with limited functionality.
3.6. You agree that in using the Software and in using any report or information
derived as a result of using this Software, You will comply with all applicable
international, national, state, regional and local laws and regulations, including,
without limitation, privacy, copyright, export control and obscenity law.
3.7. Except as otherwise specifically provided herein, You may not transfer or
assign any of the rights granted to You under this Agreement or any of Your
obligations pursuant hereto.

4. Technical Support
4.1. The Technical Support described in Clause 2.4 of this Agreement is provided to
You (except for a trial version of the Software) in accordance with Technical
Support rules.
Technical support service and its rules are located at: support.kaspersky.com.

5. Conditions regarding Data Processing


5.1. Under this Section additional definitions are introduced:
Data Subject – means a natural person who is a representative of the End User
and/or who uses the Software directly or indirectly, including a worker,
contractor, employee, or client of the End User in respect of whom the data is
transmitted and processed in the context of the End User’s activities, including
data which could be determined as personal data under the laws of some countries.
Data Subject may also include any individual who communicates and transmits his or
her data to the End User.
5.2. Where the Activation Code is used to activate the Software, in order to verify
legitimate use of the Software, the End User agrees to periodically provide the
Rightholder the following information: the type, version and localization of the
installed Software, versions of the installed Updates, the identifier of the
Computer and the identifier of the Software installation on the Computer, the
activation code and the unique identifier of activation of the current license, the
type, version and word size of the operating system, the name of the virtual
environment when the Software is installed in the virtual environment, and
identifiers of the Software components that are active at the time the information
is provided.
The Rightholder can use such information also for gathering statistical information
about the distribution and use of the Rightholder’s Software.
By using the Activation Code, the End User gives its consent to automatically
transmit the data specified in this Clause. In case the End User does not agree to
provide this information to the Rightholder, the Key File should be used to
activate the Software.
5.3. The Rightholder undertakes the processing of all data received from the End
User in accordance with the instructions of the End User. License Agreement, in
particular the provisions of Section 5 “Conditions regarding Data Processing,”
along with use of the functionality of the Software and its configuration by the
End User are complete instructions issued by the End User to the Rightholder
regarding data processing unless otherwise specified in a separate written
agreement between the End User and the Rightholder or its Partners.
5.4. The End User is solely responsible for acquainting itself with the User
Manual, particularly in regards to data processing, with the Rightholder’s Privacy
Policy, which describes data handling (www.kaspersky.com/Products-and-Services-
Privacy-Policy) and independently determining whether they comply with the End
User’s requirements.
5.5. The End User must comply with laws that apply to use of the Software,
including laws on confidential information, personal data, data protection. The End
User is responsible for implementing and maintaining confidentiality and security
measures in respect of data when using Software components that process data
without the participation of the Rightholder. The End User must determine the
appropriate technical and organizational measures for the protection and
confidentiality of the data during use of such components of the Software.
5.6. During use of the Software, especially where the End User configures the
Software to use the Kaspersky Security Network, the End User is fully responsible
for ensuring that the processing of personal data of Data Subjects is lawful,
particularly, within the meaning of Article 6 (1) (a) to (f) of Regulation (EU)
2016/679 (General Data Protection Regulation, “GDPR”) (if Data Subject is in the
European Union) or applicable laws on confidential information, personal data, data
protection, or similar thereto.
5.7. In case that the End User wants to base the lawfulness of the processing on
the consent of its Data Subjects, the End User must ensure that the consent which
meets all requirements of the applicable laws, especially where the Data Subject is
in the European Union and Article 6 (1) (a) GDPR applies, was given by each Data
Subject of the End User prior to using the Software. The End User guarantees that
consent of each Data Subject of the End User was obtained prior to the processing
of personal data.
5.8. It is agreed between the Rightholder and End User that, in case of item 5.7 of
this License Agreement, the End User is responsible for proving the existence of
effective consent to the processing of personal data, especially according to
Article 7 (1) GDPR where Data Subject is in the European Union. The End User
guarantees that it is able to and will prove the existence of each Data Subject’s
consent at any time upon request by the Rightholder within 5 business days starting
with the request of the Rightholder.
5.9. Furthermore, in case of item 5.7 of this License Agreement, the End User is
obliged and has the full and sole responsibility to provide each individual Data
Subject with all information required by applicable law to obtain consent,
especially under Article 13 GDPR (if Data Subject is in the European Union), prior
to using the Software. In particular, the End User is obliged to provide each Data
Subject in the European Union, or where applicable law requires, with the
Rightholder’s Privacy Policy (www.kaspersky.com/Products-and-Services-Privacy-
Policy) prior to using the Software.
5.10. The End User shall be fully liable in relation to the Rightholder for any
damage resulting from a breach of this License Agreement, in particular the End
User’s failure to obtain effective consent of Data Subject, where applicable,
and/or from a failure to obtain sufficient effective consent and/or from the lack
of proof and/or belated proof of effective consent of Data Subject and/or from any
other violation of an obligation under this agreement.
5.11. The End User shall indemnify the Rightholder in relation to third parties
from the claims arising from the failure of End User to fulfill obligations under
Section 5 “Conditions regarding Data Processing” which third parties, especially
the supervisory data protection authorities, assert against the Rightholder.
5.12. If You use the Rightholder’s update servers to download the Updates, the End
User, in order to increase the efficiency of the update procedure, agrees to
periodically provide the Rightholder the following information: the type and
version of the installed Software, the update session ID, the current license
unique ID, and the unique ID of the Software installation on the computer.
The Rightholder can use such information also for receiving statistical information
about the distribution and use of the Rightholder’s Software.
By downloading the Updates from the Rightholder’s update servers, the End User
gives its consent to automatically transmit the data specified in this Clause. In
case the End User does not agree to provide this information to the Rightholder,
the End User must obtain the Updates from a local shared folder as described in the
User Manual.

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-waivable 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 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
such unauthorized use of the Software shall result in immediate and automatic
termination of this 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.
6.3. You shall not provide the Activation Code and/or Key File to third parties or
allow third parties access to the Activation Code and/or Key File, which are deemed
confidential data of Rightholder.
6.4. You shall not rent, lease or lend the Software to any third party.
6.5. 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.
6.6. Your Key File can be blocked in case You breach any of the terms and
conditions of this Agreement.
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 Clause 4 of this Agreement and You
don’t have the right to transfer the license or the rights to use the Software to
any third party.
6.8. Violation of the intellectual rights to the Software shall result in civil,
administrative or criminal liability in accordance with the law.

7. Limited Warranty and Disclaimer


7.1. The Rightholder guarantees that the Software will substantially perform
according to the specifications and descriptions set forth in the User
Manual provided however that such limited warranty shall not apply to the
following: (w) Your Computer’s deficiencies and related infringement for which
Rightholder’s expressly disclaims any warranty responsibility; (x) malfunctions,
defects, or failures resulting from misuse; abuse; accident; neglect; improper
installation, operation or maintenance; theft; vandalism; acts of God; acts of
terrorism; power failures or surges; casualty; alteration, non-permitted
modification, or repairs by any party other than Rightholder; or any other third
parties’ or Your actions or causes beyond Rightholder’s reasonable control; (y) any
defect not made known by You to Rightholder as soon as practical after the defect
first appears; and (z) incompatibility caused by hardware and/or Software
components installed on Your Computer.
7.2. You acknowledge, accept and agree that no software is error free and You are
advised to back-up the Computer, with frequency and reliability suitable for You.
7.3. 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 Agreement.
7.4. The Rightholder does not guarantee that the Software will work correctly if
You do not regularly download Updates specified in Clause 2.4 of this Agreement.
7.5. The Rightholder does not guarantee protection from the threats described in
the User Manual after the expiration of the period specified in the License
Certificate or after the license to use the Software is terminated for any reason.
7.6. You acknowledge that the Software will be provisioned with Rightholder
standard settings applied by default and that it is Your sole responsibility to
configure the Software to satisfy Your own requirements.
7.7. 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,
NONINFRINGEMENT 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 YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.

8. Interaction with Microsoft Windows Firewall


8.1. You acknowledge that Windows Firewall, being turned on at the time of
installation of the Software, can be turned off. Settings and rules of Windows
Firewall are not exported to the installed Software.

9. Exclusion and Limitation of Liability


9.1. You acknowledge and agree that the Software will engage in actions necessary
for performance.
9.2. 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 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 AND/OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER AND/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 AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL
INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS
AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH
DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE
BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

10. GNU and Other Third Party licenses


10.1. The Software may include some software programs that are licensed (or
sublicensed) to the user under the GNU General Public License (GPL) or other
similar free software licenses which, among other rights, permit the user to copy,
modify and redistribute certain programs, or portions thereof, and have access to
the source code (“Open Source Software”). If such 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 should be
made available by sending the request to source@kaspersky.com or the source code is
supplied with the Software. 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 Agreement, then such rights shall
take precedence over the rights and restrictions herein.

11. Intellectual Property Ownership


11.1. 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 patent of the Russian Federation, European Union and
the United States, as well as other countries and international treaties. This
Agreement does not grant to You any rights to the intellectual property including
any the 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 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 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 Agreement only provides You with a right of limited use under the terms
and conditions of this Agreement. Rightholder reserves all rights not expressly
granted to You in this Agreement.
11.2. 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.

12. Governing Law; Arbitration


12.1. This Agreement will be governed by and construed in accordance with the laws
of the Russian Federation without reference to conflicts of law rules and
principles. This 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. Any dispute arising out of the interpretation or application of
the terms of this Agreement or any breach thereof shall, unless it is settled by
direct negotiation, be settled by in the International Commercial Arbitration Court
at the Russian Federation Chamber of Commerce and Industry in Moscow, the Russian
Federation. Any award rendered by the arbitrator shall be final and binding on the
parties and any judgment on such arbitration award may be enforced in any court of
competent jurisdiction. Nothing in this Section 12 shall prevent a Party from
seeking or obtaining equitable relief from a court of competent jurisdiction,
whether before, during or after arbitration proceedings.

13. Period for Bringing Actions


13.1. No action, regardless of form, arising out of the transactions under this
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.

14. Entire Agreement; Severability; No Waiver


14.1. This 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 subject matter of this
Agreement. You acknowledge that You have read this Agreement, understand it and
agree to be bound by its terms. If any provision of this 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 Agreement will not fail on account
thereof and the balance of the 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 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 Agreement or any right shall not be construed
as a waiver of any such provision or right.

15. Rightholder Contact Information


Should You have any questions concerning this Agreement, or if You desire to
contact the Rightholder for any reason, please contact our Customer Service
Department at:

AO Kaspersky Lab, Bldg. 3, 39A, Leningradskoe Shosse


Moscow, 125212
Russian Federation
E-mail: info@kaspersky.com
Web site: www.kaspersky.com

© 2018 AO Kaspersky Lab. All Rights Reserved. The Software and any accompanying
documentation are copyrighted and protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.

AES ENCRYPTION MODULE END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”)

IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
BEFORE YOU START USING THE SOFTWARE.

BY USING THE SOFTWARE YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT, DO NOT USE THIS SOFTWARE.
1. Definitions
1.1. Software means AES Encryption Module software including any related materials.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the
Software) means Kaspersky Lab UK Ltd., a company incorporated according to the laws
of the England.
1.3. Computer(s) means hardware(s), including personal computers, laptops,
workstations, personal digital assistants, ‘smart phones’, hand-held devices, or
other electronic devices for which the Software was designed where the Software
will be installed and/or used.
1.4. End User (You/Your) – means the organization for which the Software is
downloaded or acquired and it is represented hereby that such organization has
authorized the person accepting this 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.
1.5. User Manual means user manual, administrator guide, reference book and related
explanatory or other materials.

2. Grant of License
2.1. If Kaspersky Endpoint Security is installed on the Computer, You are granted a
non-exclusive license to use the Software within the scope of the functionality
described in the User Manual or on the Rightholder’s website.
2.2. You have the right to make a copy of the Software solely for back-up purposes
and only to replace the legally owned copy if such copy is lost, destroyed or
becomes unusable. This back-up 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 according to the legislation in force in the
country of Your principal residence or in the country where You are using the
Software.

3. Activation and Term


3.1. The Software can be used upon Your acceptance of this Agreement perpetually.
3.2. Without prejudice to any other remedy in law or in equity that the Rightholder
may have, in the event of any breach by You of any of the terms and conditions of
this Agreement, the Rightholder shall at any time without notice to You be entitled
to terminate this License to use the Software without refunding the purchase price
or any part thereof.

4. Technical Support
4.1. Technical Support is provided to users of the commercial versions of Kaspersky
Endpoint Security in accordance with Technical Support rules.
Technical support rules are located at: http://support.kaspersky.com/support/rules.

5. Limitations
5.1. 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-waivable 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 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
such unauthorized use of the Software shall result in immediate and automatic
termination of this Agreement and the License granted hereunder and may result in
criminal and/or civil prosecution against You.
5.2. You shall not transfer the rights to use the Software to any third party.
5.3. You shall not rent, lease or lend the Software to any third party.

6. Limited Warranty and Disclaimer


6.1. You acknowledge, accept and agree that no software is error free and You are
advised to back-up the Computer, with frequency and reliability suitable for You.
6.2. You acknowledge that the Software will be provisioned with Kaspersky standard
settings applied by default and that it is Your sole responsibility to configure
the Software to satisfy Your own requirements.
6.3. 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,
NONINFRINGEMENT 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 YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER .

7. Exclusion and Limitation of Liability


7.1. 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, INFORMATON, 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 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 LIABILE,
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 AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL
INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS
AGREEMENT CANNOT BE EXLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH
DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE
BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

8. Intellectual Property Ownership


8.1. 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 patent of the Russian Federation, European Union and
the United States, as well as other countries and international treaties. This
Agreement does not grant to You any rights to the intellectual property including
any the 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 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 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 Agreement only provides You with a right of limited use under the terms
and conditions of this Agreement. Rightholder reserves all rights not expressly
granted to You in this Agreement.
8.2. 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.

9. Governing Law
9.1. Except as provided in Clauses 9.2 and 9.3 below, this 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. Virginia 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 State 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 England.
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 Administration 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 obtained the Software in any other
country, the substantive laws of the country where the purchase took place would be
in effect.
9.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any
country or territory in which this 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 Clause 9.1 shall
not affect any mandatory right You may have to take action in Your country of
residence under the laws of that country.
9.3. This 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.

10. Period for Bringing Actions


10.1. No action, regardless of form, arising out of the transactions under this
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.

11. Entire Agreement; Severability; No Waiver


11.1. This 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 subject matter of this
Agreement. You acknowledge that You have read this Agreement, understand it and
agree to be bound by its terms. If any provision of this 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 Agreement will not fail on account
thereof and the balance of the 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 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 Agreement or any right shall not be construed
as a waiver of any such provision or right.

12. Rightholder Contact Information

Should You have any questions concerning this Agreement, or if You desire to
contact the Rightholder for any reason, please contact our Customer Service
Department at:

Kaspersky Lab UK Limited,


New Bridge Street House
30-34 New Bridge Street
London, EC4V 6BJ
United Kingdom
E-mail: info@kaspersky.com
Web site: www.kaspersky.com

© 2018 Kaspersky Lab UK Ltd. All Rights Reserved. The Software and any accompanying
documentation are copyrighted and protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.

KASPERSKY ENDPOINT AGENT END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”)

IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
BEFORE YOU START USING THE SOFTWARE.

BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR BY ENTERING


CORRESPONDING SYMBOL(-S) YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT. SUCH ACTION IS A SYMBOL OF YOUR SIGNATURE AND YOU ARE CONSENTING TO
BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS
AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CANCEL THE
INSTALLATION OF THE SOFTWARE AND DO NOT INSTALL THE SOFTWARE.

IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE


USE DEFINED IN SUCH DOCUMENT PREVAIL OVER CURRENT END USER LICENSE AGREEMENT.

AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW OR AFTER ENTERING
CORRESPONDING SYMBOL(-S) YOU HAVE THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Definitions
1.1. Software means software including any Updates and related materials.
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(s) means operating system(s) and system virtual machines and
hardware(s) including workstation, the mobile device and server for which the
Software was designed and/or where the Software can be installed and/or used as
well as email boxes and other objects protected or controlled by the Software.
1.4. End User (You/Your) means individual(s) installing or using the Software on
his or her own behalf or who is 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 such organization has authorized the
person accepting this 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.
1.5. Partner(s) means organizations or individual(s), who distributes the Software
based on an agreement and license with the Rightholder.
1.6. Update(s) means all upgrades, revisions, patches, enhancements, fixes,
modifications, copies, additions or maintenance packs etc.
1.7. User Manual means user manual, administrator guide, reference book and related
explanatory or other materials.

2. Grant of License
2.1. You are granted a non-exclusive license to use the Software within the scope
of the functionality described in the User Guide or on the Rightholder’s Technical
Support website according to the all technical requirements described in the User
Manual and according to the terms and conditions of this Agreement (the “License”)
and you accept this License:
2.2. You have the right to make a copy of the Software solely for back-up purposes
and only to replace the legally owned copy if such copy is lost, destroyed or
becomes unusable. This back-up 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 according to the legislation in force in the
country of your principal residence or in the country where You are using the
Software.
2.3. From the time of the Software installation You have the right to receive the
following services from the Rightholder or its Partners:
- Updates of the Software via the Internet when and as the Rightholder publishes
them on its website or through other online services. Аny Updates that you may
receive become part of the Software and the terms and conditions of this Agreement
apply to them;
- Technical Support via the Internet and Technical Support telephone hotline;
- Access to information and auxiliary resources of the Rightholder.

3. Activation and Term


3.1. The Software can be used without time limit upon your acceptance of this
Agreement.
3.2. Without prejudice to any other remedy in law or in equity that the Rightholder
may have, in the event of any breach by You of any of the terms and conditions of
this Agreement, the Rightholder shall at any time without notice to You be entitled
to terminate this License without refunding the purchase price or any part thereof.
3.3. You agree that in using the Software and in using any report or information
derived as a result of using this Software, you will comply with all applicable
international, national, state, regional and local laws and regulations, including,
without limitation, privacy, copyright, export control and obscenity law.
3.4. Except as otherwise specifically provided herein, you may not transfer or
assign any of the rights granted to you under this Agreement or any of your
obligations pursuant hereto.

4. Technical Support
4.1. The Technical Support described in Clause 2.3 of this Agreement is provided to
You in accordance with Technical Support rules.
Technical support service and its rules are located at: support.kaspersky.com.

5. Conditions regarding Data Processing


5.1. Under this Section additional definitions are introduced:
Data Subject – means a natural person who is a representative of the End User
and/or who uses the Software directly or indirectly, including a worker,
contractor, employee, or client of the End User in respect of whom the data is
transmitted and processed in the context of the End User’s activities, including
data which could be determined as personal data under the laws of some countries.
Data Subject may also include any individual who communicates and transmits his or
her data to the End User.
5.2. The Rightholder undertakes the processing of all data received from the End
User in accordance with the instructions of the End User. License Agreement, in
particular the provisions of Section 5 “Conditions regarding Data Processing,”
along with use of the functionality of the Software and its configuration by the
End User are complete instructions issued by the End User to the Rightholder
regarding data processing unless otherwise specified in a separate written
agreement between the End User and the Rightholder or its Partners.
5.3. The End User is solely responsible for acquainting itself with the User
Manual, particularly in regards to data processing, with the Rightholder’s Privacy
Policy, which describes data handling (www.kaspersky.com/Products-and-Services-
Privacy-Policy) and independently determining whether they comply with the End
User’s requirements.
5.4. The End User must comply with laws that apply to use of the Software,
including laws on confidential information, personal data, data protection. The End
User is responsible for implementing and maintaining confidentiality and security
measures in respect of data when using Software components that process data
without the participation of the Rightholder. The End User must determine the
appropriate technical and organizational measures for the protection and
confidentiality of the data during use of such components of the Software.
5.5. During use of the Software, especially where the End User configures the
Software to use the Kaspersky Security Network, the End User is fully responsible
for ensuring that the processing of personal data of Data Subjects is lawful,
particularly, within the meaning of Article 6 (1) (a) to (f) of Regulation (EU)
2016/679 (General Data Protection Regulation, “GDPR”) (if Data Subject is in the
European Union) or applicable laws on confidential information, personal data, data
protection, or similar thereto.
5.6. In case that the End User wants to base the lawfulness of the processing on
the consent of its Data Subjects, the End User must ensure that the consent which
meets all requirements of the applicable laws, especially where the Data Subject is
in the European Union and Article 6 (1) (a) GDPR applies, was given by each Data
Subject of the End User prior to using the Software. The End User guarantees that
consent of each Data Subject of the End User was obtained prior to the processing
of personal data.
5.7. It is agreed between the Rightholder and End User that, in case of item 5.6 of
this License Agreement, the End User is responsible for proving the existence of
effective consent to the processing of personal data, especially according to
Article 7 (1) GDPR where Data Subject is in the European Union. The End User
guarantees that it is able to and will prove the existence of each Data Subject’s
consent at any time upon request by the Rightholder within 5 business days starting
with the request of the Rightholder.
5.8. Furthermore, in case of item 5.6 of this License Agreement, the End User is
obliged and has the full and sole responsibility to provide each individual Data
Subject with all information required by applicable law to obtain consent,
especially under Article 13 GDPR (if Data Subject is in the European Union), prior
to using the Software. In particular, the End User is obliged to provide each Data
Subject in the European Union, or where applicable law requires, with the
Rightholder’s Privacy Policy (www.kaspersky.com/Products-and-Services-Privacy-
Policy) prior to using the Software.
5.9. The End User shall be fully liable in relation to the Rightholder for any
damage resulting from a breach of this License Agreement, in particular the End
User’s failure to obtain effective consent of Data Subject, where applicable,
and/or from a failure to obtain sufficient effective consent and/or from the lack
of proof and/or belated proof of effective consent of Data Subject and/or from any
other violation of an obligation under this agreement.
5.10. The End User shall indemnify the Rightholder in relation to third parties
from the claims arising from the failure of End User to fulfill obligations under
Section 5 “Conditions regarding Data Processing” which third parties, especially
the supervisory data protection authorities, assert against the Rightholder.
5.11. If You use the Rightholder’s update servers to download the Updates, the End
User, in order to increase the efficiency of the update procedure, agrees to
periodically provide the Rightholder the following information: the Software ID;
full version of the Software; ID of the Software installation (PCID); the list of
the files that are to be updated; ID of the Software update session.
The Rightholder can use such information also for receiving statistical information
about the distribution and use of the Rightholder’s Software.
By downloading the Updates from the Rightholder’s update servers, the End User
gives its consent to automatically transmit the data specified in this Clause. In
case the End User does not agree to provide this information to the Rightholder,
the End User must obtain the Updates from a local shared folder as described in the
User Manual.

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-waivable 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 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
such unauthorized use of the Software shall result in immediate and automatic
termination of this 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, and
You don’t have the right to transfer the Software that you have to any third party.
6.3. You shall not rent, lease or lend the Software to any third party.
6.4. 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.
6.5. Violation of the intellectual rights to the Software shall result in civil,
administrative or criminal liability in accordance with the law.

7. Limited Warranty and Disclaimer


7.1. The Rightholder guarantees that the Software will substantially perform
according to the specifications and descriptions set forth in the User Manual
provided however that such limited warranty shall not apply to the following: (w)
Your computer’s deficiencies and related infringement for which Rightholder’s
expressly disclaims any warranty responsibility; (x) malfunctions, defects, or
failures resulting from misuse; abuse; accident; neglect; improper installation,
operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power
failures or surges; casualty; alteration, non-permitted modification, or repairs by
any party other than Rightholder; or any other third parties’ or Your actions or
causes beyond Rightholder’s reasonable control; (y) any defect not made known by
You to Rightholder as soon as practical after the defect first appears; and (z)
incompatibility caused by hardware and/or software components installed on Your
computer.
7.2. You acknowledge, accept and agree that no software is error free and You are
advised to back-up the computer, with frequency and reliability suitable for You.
7.3. 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 Agreement.
7.4. The Rightholder does not guarantee that the Software will work correctly if
You do not regularly download Updates specified in Clause 2.3 of this Agreement.
7.5. You acknowledge that the Software will be provisioned with Kaspersky standard
settings applied by default and that it is Your sole responsibility to configure
the Software to satisfy Your own requirements.
7.6. 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,
NONINFRINGEMENT 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 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, INFORMATON, 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 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 AND/OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER AND/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 LIABILE,
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 AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL
INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS
AGREEMENT CANNOT BE EXLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH
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 Other Third Party Licenses


9.1. The Software may include some software programs that are licensed (or
sublicensed) to the user under the GNU General Public License (GPL) or other
similar free software licenses which, among other rights, permit the user to copy,
modify and redistribute certain programs, or portions thereof, and have access to
the source code (“Open Source Software”). If such 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 should be
made available by sending the request to source@kaspersky.com or the source code is
supplied with the Software. 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 Agreement, then such 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 patent of the Russian Federation, European Union and
the United States, as well as other countries and international treaties. This
Agreement does not grant to You any rights to the intellectual property including
any the 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 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 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 Agreement only provides you with a right of limited use under the terms
and conditions of this Agreement. Rightholder reserves all rights not expressly
granted to you in this 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.

11. Governing Law; Arbitration


11.1. This Agreement will be governed by and construed in accordance with the laws
of the Russian Federation without reference to conflicts of law rules and
principles. This 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. Any dispute arising out of the interpretation or application of
the terms of this Agreement or any breach thereof shall, unless it is settled by
direct negotiation, be settled by in the International Commercial Arbitration Court
at the Russian Federation Chamber of Commerce and Industry in Moscow, the Russian
Federation. Any award rendered by the arbitrator shall be final and binding on the
parties and any judgment on such arbitration award may be enforced in any court of
competent jurisdiction. Nothing in this Section 11 shall prevent a Party from
seeking or obtaining equitable relief from a court of competent jurisdiction,
whether before, during or after arbitration proceedings.

12. Period for Bringing Actions


12.1. No action, regardless of form, arising out of the transactions under this
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 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 subject matter of this
Agreement. You acknowledge that you have read this Agreement, understand it and
agree to be bound by its terms. If any provision of this 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 Agreement will not fail on account
thereof and the balance of the 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 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 Agreement or any right shall not be construed
as a waiver of any such provision or right.

14. Rightholder Contact Information

Should you have any questions concerning this Agreement, or if you desire to
contact the Rightholder for any reason, please contact our Customer Service
Department at:

AO Kaspersky Lab, Olympia Park Business Center, Bldg. 3, 39A, Leningradskoe Shosse
Moscow, 125212
Russian Federation
E-mail: info@kaspersky.com
Web site: www.kaspersky.com

© 2019 AO Kaspersky Lab. All Rights Reserved. The Software and any accompanying
documentation are copyrighted and protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.

KASPERSKY LAB – PRODUCTS AND SERVICES PRIVACY POLICY


Introduction
AO Kaspersky Lab, located at bldg. 3, 39A, Leningradskoe Shosse, Moscow, 125212,
Russian Federation and all companies belonging to the group "Kaspersky Lab" respect
your privacy. On account of Article 27 (1) of Regulation (EU) 2016/679 (General
Data Protection Regulation, “GDPR”) our representative in the EU for data
protection is:
Kaspersky Labs GmbH, Despag-Strasse 3, 85055, Ingolstadt, Germany,
info@kaspersky.de, +49 (0) 841 98 18 90.
This Products and Services Privacy Policy (Privacy Policy) describes how we use the
information you provide when you use our products and services, and the choices you
can make about our use of the information. We also describe the measures we take to
protect the information and how you can contact us about our privacy practices.
In connection with specific products or services offered by Kaspersky Lab, you are
provided with the agreements, terms of use, and statements that supplement this
policy relating to data handling.
This policy may be changed because of changes in legislation, the requirements of
the authorities or to reflect changes in our practices concerning the processing of
personal data. The revised policy will be posted on our website and will be
effective immediately upon being posted. You can read at any time the policy
currently in effect on our website: www.kaspersky.com/Products-and-Services-
Privacy-Policy.
This version of the policy is effective as of July 18, 2019.
The Sources of Information
Kaspersky Lab may obtain information about you from various sources, namely:
• products and services;
• by your signing up for a Kaspersky Lab products or services;
• in response to technical support or other communication in order to ensure
the required performance of products and services;
• on our websites;
• in response to marketing or other communications;
• through participation in an offer, program or promotion.
If you provide us with any information or material relating to another individual,
you should make sure that this sharing with us and our further use as described to
you from time to time are in line with applicable laws; thus, for example, you
should duly inform that individual about the processing of her/his personal data
and obtain her/his consent, as may be necessary under applicable laws.
You may also choose to consent to third parties disclosing information about you to
us that those third parties have received.
Information Provided by Users and How We Use Information
Personal data processing by Kaspersky Lab is always carried out in a legal and fair
manner.
You will always know what kind of information you provide to Kaspersky Lab before
you start to use the products and services. The data which you provide depends on
the services, products, and features you use. For more information about data you
provide, please refer to End User License Agreement, Kaspersky Security Network
Statement and other documentation of product and services that you use, especially:

FOR HOME USERS (B2C):


• SECTION "B" OF THE EULA, WHICH DESCRIBES THE DATA THAT NEED TO BE PROCESSED
IN ORDER TO PERFORM OBLIGATIONS UNDER THE CONTRACT;
• KASPERSKY SECURITY NETWORK STATEMENT, WHICH DESCRIBES THE DATA THE PROCESSING
OF WHICH MAY INCREASE THE REACTION SPEED OF PRODUCTS AND SERVICES IN THE EVENT OF
THREATS TO INFORMATION SECURITY;
• MARKETING STATEMENT, WHICH DESCRIBES THE DATA THE PROCESSING OF WHICH MAY
IMPROVE THE PERFORMANCE OF PRODUCTS AND WILL ENABLE AN ASSESSMENT OF USER
SATISFACTION REGARDING PRODUCT USE;
• SEPARATE STATEMENTS RELATING TO SPECIFIC PRODUCT FEATURES, WHICH DESCRIBE THE
DATA PROCESSED DURING THEIR USE, FOR EXAMPLE, ANTI-SPAM. YOU CAN FAMILIARIZE
YOURSELF WITH SUCH STATEMENTS WHEN YOU TURN ON THE FEATURES IN THE PRODUCT.
FOR BUSINESS USERS (B2B):
• SECTION "CONDITIONS REGARDING DATA PROCESSING" OF THE EULA, WHICH DESCRIBES
THE DATA THAT NEED TO BE PROCESSED IN ORDER TO PERFORM OBLIGATIONS UNDER THE
CONTRACT;
• KASPERSKY SECURITY NETWORK STATEMENT, WHICH DESCRIBES THE DATA THE PROCESSING
OF WHICH MAY INCREASE THE REACTION SPEED OF PRODUCTS AND SERVICES IN THE EVENT OF
THREATS TO INFORMATION SECURITY. FOR SOME PRODUCTS, THE IT ADMINISTRATOR OR ANY
OTHER EMPLOYEE RESPONSIBLE FOR SETTING UP THE PRODUCT CAN CHOOSE THE VOLUME OF DATA
TO BE PROCESSED.
• SEPARATE STATEMENTS RELATING TO SPECIFIC PRODUCT FEATURES, WHICH DESCRIBE THE
DATA PROCESSED DURING THEIR USE, FOR EXAMPLE, KSN STATEMENT, MARKETING STATEMENT,
ANTISPAM STATEMENT, SUPPLEMENTAL STATEMENT, AND STATEMENT REGARDING DATA PROCESSING
FOR KASPERSKY MANAGED PROTECTION. YOU CAN FAMILIARIZE YOURSELF WITH SUCH STATEMENTS
WHEN YOU TURN ON THE FEATURES IN THE PRODUCT.

The data obtained for processing depends on the product or service, and it is
recommended that users carefully read the agreements and related statements
accepted during installation or usage of software or service.
Some data are non-personal, according to laws of certain countries. Regardless of
the type of data and territory where data was received or processed, we use the
highest standards of data protection and apply various legal, organizational, and
technical measures in order to protect user data, guarantee safety and
confidentiality, as well as ensure users’ rights guaranteed under applicable law.

The data depends on the products and services you use, and could include the
following:

• License/ subscription information


It is processed in order to recognize legitimate users. This data is needed to
maintain communication between the product and Kaspersky Lab services – sending and
receiving product databases, updates, etc.

• Product information
Data on the product’s operation and its interaction with the user is also analyzed.
For example, how long does threat scanning take? Which features are used more often
than others? Answers to these and other questions help developers to improve
products, making them faster and easier to use.

• Device data
Data such as device type, operating system, etc. may be needed so the user doesn’t
have to buy a new license for the security product after reinstalling the operating
system. This information also helps us to analyze cyberthreats, because it shows
how many devices are affected by any specific threat.

• Threats detected
If a threat (new or known) is found on a device, information about that threat is
sent to Kaspersky Lab. This enables us to analyze threats, their sources,
principles of infection, etc., resulting in a higher quality of protection for
every user.

• Information on installed applications


This information helps to create lists of "white" or harmless applications and
prevents security products from mistakenly identifying such applications as
malicious. This data is also used to update and extend program categories for
features like Parental Control and Application Startup Control. In addition, this
information helps us to offer users security solutions that best match their needs.

• URLs visited
URLs can be sent to be checked whether they are malicious. This information also
helps to create lists of "white" or harmless websites and prevents security
products from mistakenly identifying such websites as malicious. This data is also
used to update and extend website categories for solutions like Kaspersky Safe Kids
and provide better protection for financial transactions in such products as
Kaspersky Fraud Prevention. In addition, this information helps us to offer users
security solutions that best match their needs. Information about logins and
passwords, if contained in the initial browser request from the user, is removed
from the visited URL addresses up to the hostname or IP address. In any case, it is
not Kaspersky Lab's purpose to process user logins and passwords, and Kaspersky Lab
takes all reasonable and sufficient measures to avoid processing these data.

• Operating System events


New malware can often be identified only by its suspicious behavior. Because of
this, the product analyzes data on processes running on the device. This makes it
possible to identify early on processes that indicate malicious activity and to
prevent any damaging consequences, such as the destruction of user data.

• Suspicious files and files that could be exploited by intruders


If an (as yet) unknown file, exhibiting suspicious behavior is detected on a
device, it can be automatically sent for a more thorough analysis by machine
learning-based technologies and, in rare cases, by a malware analyst. The
‘suspicious’ category includes mainly executable files (.exe). For the purpose of
reducing the likelihood of false positives, executable and non-executable "white
files" or their parts may be sent.

• Wi-Fi connection data


This information is analyzed in order to warn users of insecure (i.e., poorly
protected) Wi-Fi access points, helping to prevent personal data from being
inadvertently intercepted.

• User contact data


Email addresses are used for authorization on the Kaspersky Lab web portals (My
Kaspersky, Kaspersky Company Account, Kaspersky Endpoint Security Cloud, etc.),
which enables users to manage their protection remotely. Email addresses are used
to send security messages to (e.g., containing important alerts) to users of
Kaspersky Lab products. Users can also choose to specify the names (or nicknames)
by which they would like to be addressed on the My Kaspersky portal and in emails.
Contact information is provided by users at their own discretion.

• Dump and trace files


By checking the special box in the product settings, users can also share error
reports with Kaspersky Lab servers. This information helps (1) during analysis of
errors that occurred in the product and to modify it accordingly so that it will
function more effectively moving forward, and (2) in the investigation of infection
of a user’s computer in order to mitigate threats to a user’s system.

• Content of your emails


During your use of the anti-spam functionality, we may receive and analyze
information about emails, including content and senders to protect you from the
spam and fraud. This functionality is intended to protect its users from any
unwanted emails or spam. The anti-spam functionality analyzes information contained
in emails reported by you as spam or as incorrectly identified as spam by the
software.

• Data about stolen device


The Anti-theft feature provides certain remote access and control functions
designed to protect data on your mobile phone in case of theft, as well allows you
to receive information about the location of the stolen device. Anti-theft has to
store data about your phone and approved users for these functions to work.

• Data for child protection feature


If a parent or holder of parental responsibility wants to use the child protection
feature like Kaspersky Safe Kids, he or she can receive information about the
child’s device and information about the child’s location. Additionally, the parent
or holder of parental responsibility can configure parameters in order to block or
permit specific websites and/or allow or prevent certain applications from running
on the child’s device. Kaspersky Lab does not collect children’s data beyond the
framework of such feature.

• Unique identifier of the mobile device


This device identifier is generated on user device on Android 8 and higher, using
the Advertising ID of the device. We do not process the Advertising ID in clear
text; we process only its hash sum. In case user has reset the value of the
Advertising ID, the new value of the unique identifier of the mobile device will be
associated with the old value, which is necessary for the correct use of the device
with services.

KASPERSKY LAB WILL ONLY PROCESS PERSONAL DATA FOR PARTICULAR, PRE-DETERMINED
PURPOSES THAT ARE LEGITIMATE WITH REGARD TO APPLICABLE LAW, AND THAT ARE RELEVANT
TO KASPERSKY LAB’S BUSINESS.
• To ensure the performance of a contract with users and to ensure the required
performance of products and services for customers.
• To protect the user from known threats to information security.
• To verify that the license is legal.
• To update the anti-virus databases.
• To increase the effectiveness of the protection of devices, networks, and
information systems, in particular to provide a faster response to new information
and network security threats, to increase the effectiveness of the performance of
the software’s protection component, to decrease the probability of false positive.
• To improve user interaction and experience with our products and services, in
particular changing interfaces and providing the desired content and advertisement,
related to Marketing purpose.
• To provide technical support of products and services for customers and to
improve the quality of products and services.
• To conduct statistical and other studies based on anonymous data.
Threat Intelligence for Protection of Cyber Space
New generations of malware appear all the time, many using new, sophisticated
techniques to bypass existing security solutions. In this constantly shifting
environment, protection is only as effective as the ability to closely analyze the
threat landscape and distill data into actionable intelligence for our users. To
achieve this, security solutions must apply a cloud approach that combines the
widest possible scope of threat data handling with the most intelligent data
processing technologies.
Our infrastructure is designed to receive and process complex global cyberthreat
data, transforming it into the actionable threat intelligence that powers our
products. A key source of threat-related data comes from our users. By sharing
their data and allowing it to be stored and analyzed by artificial intelligence and
experts, they help us to ensure that users around the world are protected against
the newest cyberthreats. In particular, KSN helps us to respond rapidly to emerging
cyberthreats while delivering the highest possible effectiveness of protection and
helping reduce the number of false positives.
The amount of data you allow our infrastructure to receive depends on the product
used, its configuration settings and preferences.
This approach offers numerous benefits for users and cyber space overall,
including:
• Detection of advanced and previously unknown malware;
• Reduced detection errors (false positives);
• Significant reduction in response times to new threats.
Legal Bases Data Processing
The legal basis we use depends on the purpose of processing personal data, which
may be the following:
• Contract – according to point (b) of Article 6 (1) GDPR, in cases where we
have to process certain data necessary to perform a contract, such as when a user
accepts the EULA to use the software;
• Consent – according to point (a) of Article 6 (1) GDPR, in cases where a user
chooses to send us data relating to the KSN Statement, Marketing Statement,
Antispam Statement, Supplemental Statement, Statement regarding Data Processing for
Kaspersky Managed Protection, Statement regarding Data Processing for Web Control
(previously called Statement regarding Data Processing for Parental Control),
Statement regarding Data Processing for Call Filter, Protect a Friend Statement, or
Technical Support Statement;
• Legal obligation – according to point (c) of Article 6 (1) GDPR, in cases
where we have to process data to meet legal requirements, such as for tax purposes;
• Legitimate interest – according to point (f) of Article 6 (1) GDPR, in cases
where we have legitimate interests as a cybersecurity company, except where such
interests are overridden by the interests or fundamental rights and freedoms of the
user. In such cases, for example, where personal data is stored in our
infrastructure and analyzed for recent and potential cyberthreats by using
artificial intelligence and/or relying on the expertise of our specialists. Recital
49 of the GDPR acknowledges that it is a legitimate interest of a company to
process personal data to the extent necessary and proportionate in order to ensure
network and information security.
Under certain local laws, you may be entitled to exercise rights in respect of your
personal data, such as those described in the section Your Rights and Options. If
you wish to exercise such right, please contact us via
https://support.kaspersky.com/general/privacy.
LIMITATION OR RESTRICTION DATA PROCESSING
IF YOU CHOOSE NOT TO PROVIDE DATA THAT IS NECESSARY IN ORDER FOR A PRODUCT OR
FEATURE TO WORK, YOU MAY NOT BE ABLE TO USE THAT PRODUCT OR FEATURE. THIS
OBLIGATORY DATA IS LISTED IN THE END USER LICENSE AGREEMENT. THE KASPERSKY SECURITY
NETWORK STATEMENT OR MARKETING STATEMENT CONTAINS A LIST OF DATA THAT USERS CAN
DECIDE TO PROVIDE TO US AT ANY TIME BY CHECKING THE CORRESPONDING BOX IN THE
PRODUCT SETTINGS (THEY CAN ALSO REVERSE THIS DECISION WHENEVER THEY CHOOSE).
What we aren't going to process
Through its products and services, Kaspersky Lab never process “sensitive” personal
data such as religion, political views, sexual preference, or health, or other
special categories of personal data. We do not wish to receive any such data and
will not request it from you.
Kaspersky Lab’s products must be installed and used by an adult. Children may use
the device where Kaspersky Lab’s product was installed only with permission from
their parents or holder of parental responsibility. Except for “Data for child
protection feature”, we do not intend to process personal data of children, nor do
we want to receive such personal information of children.
Provision of Information
We never provide personal data of our users or access to them for state
organization or third parties. We may only disclose the Information as follows:
• Within the Group of Companies Kaspersky Lab. Data can be shared.
• Service Providers. We also may share your information with vendors that
provide services to us, including companies that provide web analytics, data
processing, advertising, e-mail distribution, payment processing, order
fulfillment, and other services.
Please note that some of our products, for example Kaspersky Secure Connection, use
services of third parties whose privacy practices differ from Kaspersky Lab's. If
you provide personal data to any of those services, your data is governed by their
privacy statements. You are responsible for acquainting yourself with the data
processing rules and procedures described in the relevant privacy statements.
Where we process Information
The personal data provided by users to Kaspersky Lab can be processed in the
following countries, including countries outside European Union (EU) or the
European Economic Area (EEA):
Within the EU or EEA:
• Germany
• Netherlands
• France
• United Kingdom
• Sweden
• Italy
• Spain
• Romania
Outside of the EU or EEA:
• Switzerland
• Canada
• Singapore
• Russia
• Japan
• USA
• Mexico
• China
• Azerbaijan
• Brazil
• Argentina
• Israel
• UAE
• South Korea
• Australia
• Belarus
The list of countries where the data provided by the user may be processed can
change. You can acquaint yourself with the current list of countries in the version
of the Privacy Policy on the website www.kaspersky.com/Products-and-Services-
Privacy-Policy.
According to our general business practice, the data received from users in the EU
are processed on servers located in the EU and Russia.
The personal data may be processed at destinations outside the EU or EEA some of
which have not been determined by the European Commission to have an adequate level
of data protection. It may also be processed by staff operating outside EU or EEA
who work for us or for one of our service providers. In the absence of adequacy
decisions or appropriate safeguards recognized by the European Commission, there
may be risks for the user if the personal data is transmitted outside of the EU or
EEA.
Whenever data is processed, we use the highest level of standards for data
protection and apply a variety of legal measures in order to protect user data,
guarantee safety and confidentiality, and ensure users’ rights. To learn more about
the European Commission’s decisions on the adequacy of the protection of personal
data in the countries where Kaspersky Lab processes data, please visit:
ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-
protection/adequacy-decisions_en.
Your Rights and Options
You have certain rights regarding your personal data. We also offer you certain
options about what personal data you provide to us, how we use that information,
and how we communicate with you.
In most cases you can choose not to provide personal data to us when you use
Kaspersky Lab’s products, services, and websites. You may also refrain from
submitting information directly to us. However, if you do not provide personal data
when requested, you may not be able to benefit from the full range of Kaspersky Lab
products and services and we may not be able to provide you with information about
products, services, and promotions.
You can at any time choose not to receive marketing communications by e-mail, if
you have previously subscribed to receive them, by clicking on the unsubscribe link
within the marketing e-mails you receive from us.
If your employer provides your personal data to Kaspersky Lab, you may have certain
options with respect to Kaspersky Lab’s use or disclosure of the information.
Please contact your employer to learn about and to exercise your options.
To the extent provided by applicable law, you may withdraw any consent you
previously provided to us, or object at any time on legitimate grounds, to the
processing of your personal data. We will apply your preferences going forward. In
some circumstances, withdrawing your consent to Kaspersky Lab’s use or disclosure
of your personal data will mean that you cannot take advantage of certain Kaspersky
Lab products or services.
Subject to applicable law, you may have the following rights:
• To obtain confirmation that we hold personal data about you;
• To request access to and receive information about your personal data;
• To receive copies of your personal data that you provided to us, also in a
machine-readable format and have it sent to another data controller, where
technically possible;
• To update and correct inaccuracies in your personal data;
• To object to the processing of your personal data;
• To have the information blocked, anonymized or deleted, as appropriate; as
well as
• To lodge a complaint with a supervisory authority.
The right to access personal data may be limited in some circumstances by the
requirements of local law or technological measures, including where the data has
been anonymized and therefore does not relate to an identified or identifiable
natural person. If you wish to exercise these rights, you may at any time directly
contact us at https://support.kaspersky.com/general/privacy.
If we fall short of your expectations in processing your personal data or you wish
to make a complaint about our privacy practices, please relate this to us, as it
gives us an opportunity to fix the problem. You may contact us by using the contact
details provided in the “How to Contact Us” section below. To assist us in
responding to your request, please give full details of the issue. We attempt to
review and respond to all complaints within a reasonable time.
The Privacy Principles
Personal data processing at Kaspersky Lab is based on the following principles:
Consent and choice
• Presenting to the users the choice whether or not to send their personal data
except where the users cannot freely withhold consent or where applicable law
specifically allows the processing of personal data without the natural person’s
consent. The user’s election must be freely given, specific and made on a
knowledgeable basis;
• Informing users, before obtaining consent, about their rights under the
individual participation and access principle;
• Providing users, before obtaining consent, with the information indicated by
the openness, transparency and notice principle; and
• Explaining to users the implications of granting or withholding consent.
Purpose legitimacy and specification
• Ensuring that the purpose(s) complies with applicable law and relies on a
permissible legal basis;
• Communicating the purpose(s) to users before the information is used for the
first time for a new purpose;
• Using language for this specification which is both clear and appropriately
adapted to the circumstances;
Data processing limitation
• Gathering of personal data to that which is within the bounds of applicable
law and strictly necessary for the specified purpose(s).
• Deleting and disposing or anonymizing of personal data whenever the purpose
for personal data processing has expired, there are no legal requirements to keep
the personal data, or whenever it is practical to do so.
Use, retention and disclosure limitation
• Limiting the use, retention and disclosure of personal data to that which is
necessary in order to fulfil specific, explicit and legitimate purposes;
• Limiting the use of personal data to the purposes specified by Kaspersky Lab
prior to receiving the data, unless a different purpose is explicitly required by
applicable law;
• Retaining personal data only as long as necessary to fulfill the stated
purposes (e.g. retaining personal data required for the license for the period of
the relevant license agreement between you and Kaspersky Lab, normally 1 year plus,
if applicable, any renewal period, depending on the product’s license terms), and
thereafter securely destroying or anonymizing it;
• Retaining personal data for as long as necessary in order to fulfill legal
obligations, comply with laws, resolve disputes, including in cases of litigation,
proceedings, or investigations;
• Retaining personal data for as long as necessary in order to fulfill
legitimate interests; and
• Locking (i.e. archiving, securing and exempting the personal data from
further processing) any personal data when and for as long as the stated purposes
have expired, but where retention is required in order to comply with applicable
laws.
Accuracy and quality
• Ensuring that the personal data processed is accurate, complete, up-to-date
(unless there is a legitimate basis for keeping outdated data), adequate and
relevant for the purpose of use;
• Ensuring the reliability of personal data provided from a source other than
from users before it is processed;
• Verifying, through appropriate means, the validity and correctness of the
claims made by the user prior to making any changes to the personal data (in order
to ensure that the changes are properly authorized), where it is appropriate to do
so;
• Establishing personal data processing procedures to help ensure accuracy and
quality; and
• Establishing control mechanisms to periodically check the accuracy and
quality of personal data processing.
Openness, transparency and notice
• Providing users with clear and easily accessible information about Kaspersky
Lab’s policies;
• Establishing procedures and practices with respect to the processing of
personal data;
• Including in notices the fact that personal data is being processed, the
purpose for which this is done, the types of privacy stakeholders to whom the
personal data might be disclosed, and the identity of the entity which determines
the above and on how to contact;
• Disclosing the options and means offered by Kaspersky Lab to users for the
purposes of limiting the processing of, and for accessing, correcting and removing
their information;
• Giving notice to users when major changes in the personal data handling
procedures occur.
Individual participation and access
• Giving users the ability to contact us (by using the contact details provided
in the “How to Contact Us”) and review their personal data, provided their identity
is first authenticated with an appropriate level of assurance and such access is
not prohibited by applicable law;
• Allowing users (by using the contact details provided in the “How to Contact
Us” or by using interface of our products and services) to challenge the accuracy
and completeness of the personal data and have it amended, corrected or removed as
appropriate and possible in the specific context;
• Providing any amendment, correction or removal to personal data processors
and third parties to whom personal data had been disclosed, where they are known;
and
• Establishing procedures to enable users to exercise these rights in a simple,
fast and efficient way, which does not entail undue delay or cost.
Information Security: How We Protect Your Privacy
Information security is Kaspersky Lab’s core business. All data and all information
provided by you is confidential by default. Kaspersky Lab will therefore always
apply technical and organizational data security measures for the protection of
personal data that are adequate and appropriate, taking into account the concrete
risks resulting from the processing of personal data as well as up-to-date security
standards and procedures. In order to, among other reasons, identify and fulfill
the appropriate level of protection, Kaspersky Lab classifies processing systems
with personal data and implements cascading sets of protective measures.
Kaspersky Lab also maintains physical, electronic and procedural safeguards to
protect the information against loss, misuse, damage or modification and
unauthorized access or disclosure. Some of the other central features of our
information security program are:
• The Information Security Department, which designs, implements and provides
oversight to our information security program;
• A determination of personal data safety hazards in the course of processing
in a Kaspersky Lab processing system;
• Application of appropriate information security tools;
• Performance evaluation of applied personal data security measures before
commissioning processing systems;
• Implementing controls to identify, authenticate and authorize access to
various services or websites;
• Discovering the facts surrounding unauthorized access to personal data and
adopting corresponding measures;
• Recovery of personal data that was modified or destructed;
• Establishing access rules to personal data processed in Kaspersky Lab
processing systems and also recording and accounting for all actions undertaken
with personal data in these systems;
• Encryption between our clients and servers (and between our various data
centers);
• We restrict access of our employees and contractors who need to know the
information in order to process it for us and who are subject to strict contractual
confidentiality obligations, to personal information. They may be disciplined or
their contract terminated if they fail to meet these obligations;
• Monitoring of our systems infrastructure to detect weaknesses and potential
intrusions;
• Monitoring measures taken to ensure the security of personal data;
• Providing Kaspersky Lab personnel with relevant training and continually
updating our security practices in light of new risks and developments in
technology.
How to Contact Us
If you have any questions or comments about this Privacy Policy, Kaspersky Lab's
privacy practices or if you would like us to update or remove information or
preferences you provided to us, please visit https://www.kaspersky.com/global-
privacy-policy, or, according to point (a) of Article 13 (1) and Article 27 (1) of
Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR"), you may
contact our Kaspersky Lab EU representative via e-mail or phone: Kaspersky Labs
GmbH, Ingolstadt, Germany, info@kaspersky.de, +49 (0) 841 98 18 90.

© 2019 AO Kaspersky Lab. All Rights Reserved. The Software and any accompanying
documentation are copyrighted and protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.

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