End-User License Agreement of KasperskyOS Community Edition

Please read the following license agreement carefully before you start using the Software.

Running the Software, or clicking the button indicating your acceptance in the window containing the license agreement, or entering corresponding symbol(s) constitutes your unconditional acceptance of the terms and conditions of this license agreement and entitles you the right to use the Software in accordance with the terms and conditions of this license agreement.

If you do not agree with the terms of this license agreement, you must abort the installation of the Software and/or delete the Software.

If there is a separate agreement entered into between Kaspersky and you, or between you and the authorized partner of Kaspersky, to the extent the separate agreement between Kaspersky or partner and you conflicts with any provisions of this license agreement, such separate agreement shall prevail.

1. Definitions

1.1. Software means software, accompanying/related materials, including Documentation, and Updates.

1.2. Runtime Component(s) – means the portion of the Software (the files or set of files, including the header files and libraries) intended to be embedded into the Developer Product and to work as a part of the Developer Product. The Rightholder specifies in the Documentation the list of Runtime Components available in the Software.

1.3. 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.

1.4. Environment means the computer, operating system, virtual machine or hardware, including the workstation, mobile device or server for which the Software is intended and/or on which the Software is to be installed and/or used separately as well as part of the Developer Product. 

1.5. Developer (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “You” further means the organization for which the Software is downloaded or installed and it is represented hereby that this organization has authorized the person accepting this 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.

1.6. Developer Product(s) – means software created by the Developer using the Software and which may include Runtime Components in whole or part.

1.7. Update(s) improvements, patches, expansions and/or modifications for the Software.

1.8. Documentation means documentation, administrator guide, Developer guide, reference book and related explanatory or other materials.

2. Grant of license

2.1. Rightholder grants to the Developer a non-exclusive, non-sublicensable, non-transferable to any third party, royalty-free worldwide license:
— to use the Software in order to design, develop, compile, run, demonstrate and test Developer Products on the Developer Environment;
— to reproduce and run Runtime Components as a part of the Developer Products on the Developer Environment;
— to modify and reproduce portions of the Software which are provided in source code form.

2.2. The term of the license is one (1) year from the date You accept the terms of this Agreement. The term of the license may be extended by agreement of the parties.

2.3. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if this copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason.

2.4. Rightholder may reasonably request from time to time feedback concerning functionality and performance of the Software. Upon such requests You shall provide to Rightholder feedback, including information regarding identified potential errors, improvements, modifications, bug fixes, and/or enhancements. Feedback and other information which You provide to Rightholder in connection with the Software or this License Agreement may be used by Rightholder to improve or enhance Rightholder’s products. For that reason, You grant Rightholder a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback and information without restriction.

2.5. Without the Rightholder’s prior written consent, You cannot publish or disclose to any third party any feedback concerning functionality and performance of the Software, as well as information relating to use of the Software, including performance data, test results, and benchmark test results.

3. Technical Support

3.1. Rightholder is under no obligation to support the Software in any way or to provide any Updates to You. In the event Rightholder, in its sole discretion, supplies any Update to You, such Update shall be subject to the terms and conditions of this License Agreement.

4. Limitations

4.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble with the sole exception of a non-waiverable right granted to You by this Agreement or applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software™s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any unauthorized use of the Software shall result in immediate and automatic termination of this License Agreement and the license granted hereunder and may result in criminal and/or civil prosecution against You.

4.2. You shall not distribute, publish, disclose, display, or otherwise make the Software available to any third party.

4.3. You shall not transfer the rights to use the Software or any portion thereof or as part of the Developer Products to any third party. Such right may be granted to the Developer solely on the basis of a separate license agreement concluded with the Rightholder.

4.4. The Developer Products must not provide access to any functionality that would allow third parties to create software by using the Software.

4.5. The Software (including the Runtime Components) can be used only in a non-production test environment.

4.6. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.

5. Limited Warranty and Disclaimer

5.1. The Rightholder makes no guarantees that the Software is functionally operative.

5.2. You acknowledge, accept and agree that no Software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.

5.3 All examples and the code supplied in source code, included in the Software or Documentation, are intended solely to demonstrate the capabilities of the Software and its use in developing the Developer Products. The Rightholder does not guarantee their correctness, reliability, security, or suitability for using the Software in the Developer Products.

5.4 The Rightholder does not give any guarantees that components or libraries included in the Software or its functionality will be available as a part of and/or compatible with other products or other versions of the Rightholder™s products.

5.5. The Software is provided “As is” and the Rightholder makes no representation and gives no warranty as to its use or performance. Except for any warranty, condition, representation or term the extent to which cannot be excluded or limited by applicable law. The Rightholder and its partners make no warranty, condition, representation, or term (expressed or implied, whether by statute, common law, custom, usage or otherwise) as to any matter including, without limitation, non-infringement of third-party rights, merchantability, satisfactory quality, integration, or applicability for a particular purpose. You assume all faults, and the entire risk as to performance and responsibility for selecting the Software to achieve your intended results, and for the installation of, use of, and results obtained from the Software. Without limiting the foregoing provisions, the rightholder makes no representation and gives no warranty that the Software will be error-free or free from interruptions or other failures or that the Software will meet any or all of your requirements whether or not disclosed to the Rightholder.

6. Exclusion and Limitation of Liability

6.1. To the maximum extent permitted by applicable law, in no event shall the rightholder or its partners be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy, for corruption, damage and loss of data or programs, for failure to meet any duty including any statutory duty, duty of good faith or duty of reasonable care, for negligence, for economic loss, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support or other services, information, Software, and related content through the Software or otherwise arising out of the use of the Software, or otherwise under or in connection with any provision of this agreement, or arising out of any breach of contract or any tort (including negligence, misrepresentation, any strict liability obligation or duty), or any breach of statutory duty, or any breach of warranty of the rightholder or any of its partners, even if the rightholder or any partner has been advised of the possibility of such damages.

You agree that in the event the Rightholder and/or its partners are found liable, the liability of the Rightholder and/or its partners shall be limited by the costs of the Software. In no case shall the liability of the Rightholder and/or its partners exceed the fees paid for the Software to the Rightholder or the partner (as may be applicable).

Nothing in this 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 that disclaimer, exclusion or limitation shall not apply to you and you continue to be bound by all the remaining disclaimers, exclusions and limitations.

7. GNU and Other Third-Party Licenses

7.1. The Software may include some software programs that are licensed (or sublicensed) to the Developer under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the Developer to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code “Open-Source Software”). If these licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code could be found either supplied with the Software, or could be made available by sending a request to source@kaspersky.com. If any Open-Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open-Source Software program that are broader than the rights granted in this License Agreement, then these rights shall take precedence over the rights and restrictions herein.

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 patents of the Russian Federation, European Union and the United States, as well as other countries and international treaties. This License Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of the Rightholder and/or its partners (“Trademarks”). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner™s name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this License Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this License Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the license, as further defined herein, granted under this License Agreement only provides you with a right of limited use under the terms and conditions of this License Agreement. Rightholder reserves all rights not expressly granted to you in this License Agreement.

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.

8.3. Rightholder shall not receive any rights in relation to the Developer Products created. The Rightholder owns the intellectual property rights in relation to the Software used to create the Developer Products, including the Runtime Components.

9. Governing Law

9.1. Except as provided in Sections 9.2 and 9.3 below, this License Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Software, without reference to or application of conflicts of laws principles:

a. Russia. If you obtained the Software in Russia, the laws of the Russian Federation.

b. United States, Puerto Rico, American Samoa, Guam, and U.S. Virgin Islands. If you obtained the Software in the United States, Puerto Rico, American Samoa, Guam or the U.S. Virgin Islands, the laws of the Commonwealth of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.

c. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.

d. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.

e. European Union (EU). If you obtained the Software in a member country of the EU, the laws of 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 Administrative Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.

h. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.

i. Japan. If you obtained the Software in Japan, the laws of Japan.

j. Any Other Country or Territory. If you choose to obtain the Software in another country, the substantive laws of the country where the purchase took place will be in effect.

9.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this License Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Section 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 License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

9.4. The Developer is responsible for contacting only the Rightholder or their partners directly if having any problems with the Software.

10. Period for Bringing Actions

10.1. No action, regardless of form, arising out of the transactions under this License Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

11. Entire License Agreement; Severability; No Waiver

11.1. This License Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to the subject matter of this License Agreement. You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms. If any provision of this License Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire License Agreement will not fail on account thereof and the balance of the License Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this License Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder™s failure to insist upon or enforce strict performance of any provision of this License Agreement or any right shall not be construed as a waiver of any such provision or right.

12. Rightholder Contact Information

Should you have any questions concerning this License Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Service Department at:
39A/2 Leningradskoe Shosse
Moscow, 125212
Russian Federation
Web site: https://fthub.kaspersky.com/neewoseng/development/ 
© 2021 AO Kaspersky Lab