End-User License Agreement for Version 2014-17
Disclaimer: this document is published on the defencebyte website for the purpose of informing a general audience about the terms and conditions that apply upon use of the English version of defencebyte antivirus and may be changed in accordance with the specific version of the product and country. For the actual end-user license effective for your product and country, please see the relevant document supplied along with your product.
defencebyte End User 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.
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.
If license contract or similar document accompanies software, terms of the software use defined in such document prevail over current end user license agreement.
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 defencebyte, a company incorporated according to the laws of the Russian Federation.
1.3. Computer(s) means hardware, including personal computers, laptops, workstations, personal digital assistants, "smart phones", handheld 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 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 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 distribute 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.defencebyte.com and may be updated when necessary.
1.8. 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, «My defencebyte account», «Personal cabinet», «defencebyte protection center» 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 given a non-exclusive license to store, load, install, execute, and display (to "use") the Software on a specified number of Computers in order to assist in protecting Your Computer on which the Software is installed, from threats described in the User Manual, according to 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:
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 from the Rightholder provided that, unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software on such number of Computer(s) as is specified in Clauses 2.2 and 2.3.
2.2. If the Software was acquired on a physical medium You have the right to use the Software for protection of such number of Computer(s) as is specified on the Software package.
2.3. If the Software was received/acquired via the Internet You have the right to use the Software for protection of such number of Computers as was specified when You acquired the License to the Software.
2.4. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if such 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 according to the legislation in force in the country of your principal residence or in the country where You are using the Software.
2.5. You can transfer the non-exclusive license to use the Software to other individuals within the scope of the license granted by the Rightholder to You, provided that the recipient agrees to be bound by all the terms and conditions of this Agreement and to replace you in full in the license granted by the Rightholder. In case You fully transfer the rights granted from the Rightholder to use the Software You must destroy all copies of the Software, including the backup copy. If You are a recipient of a transferred license You must agree to abide by all the terms and conditions of this Agreement. If You do not agree to be bound by all the terms and conditions of this Agreement, You may not install and/or use the Software. You also agree as the recipient of a transferred license that You do not have any additional or better rights than those of the original End User who acquired the Software from the Rightholder.
2.6. To use the Software you may need to register on the Web-Portal.
2.7. 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 for the defined period specified on the Software package (if the Software was acquired on a physical medium) or specified during acquisition (if the Software was acquired via the Internet):
- Updates of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Ðny 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, the count of which may be limited by Rightholder.
3.2. If the Software was acquired on a physical medium, the Software can be used, upon your acceptance of this Agreement, for the period that is specified on the package commencing upon acceptance of this Agreement.
3.3. If the Software was received/acquired via the Internet, the Software can be used, upon your acceptance of this Agreement, for the period that was specified during acquisition.
3.4. If the Software was acquired on a physical medium intended for prolongation of the right to use previously acquired Software, You can repeat activation of the Software only if the activation code for previously acquired Software is present. In the absence of this activation code, the period of effective use of the Software will be limited according to the information specified on the Software package.
3.5. 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 thatthe trial version does not entitle You to Updates and Technical support via the Internet and the Technical Support telephone hotline. If Rightholder sets another duration for the single applicable evaluation period You will be informed via notification.
3.6. Your License to Use the Software is limited to the period of time as specified in Clauses 3.2 or 3.3 (as applicable) and may not exceed the term specified in clause 8.3; the remaining period can be viewed via the means described in the User Manual. At the conclusion of the validity of the license, the Software may be automatically deactivated and enter into an inactive state or continue working with limited functionality.
3.7. If You have acquired Software that is intended to be used on more than one Computer then Your License to Use the Software is limited to the period of time starting from the date of activation of the Software or license key file installation on the first Computer.
3.8. 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.
3.9. 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.
3.10. 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.
3.11. The Rightholder reserves the right to limit the possibility of activation outside the region in which the Software was acquired from the Rightholder and/or its Partners.
3.12. If You have acquired the Software with an activation code valid for the language localization of the Software of the region in which it was acquired from the Rightholder or its Partners, You cannot activate the Software by applying an activation code intended for another language localization.
3.13. In case of limitations specified in Clauses 3.11 and 3.12 information about these limitations is stated on the package and/or website of the Rightholder and/or its Partners.
3.14. To check the legitimacy of the Software use the Rightholder reserves the right to use means to verify that You have licensed copy of the Software.
The Software can transmit Rightholder license information needed to verify the legitimacy of the Software use. If the check cannot be performed for a certain period of time specified in the User Manual, the Software will work with limited functionality.
4. Using the component Parental Control for collecting data about user actions on the computer
4.1. In case of using the Software with enabled Parental Control and set appropriate settings, the Software collects and saves in logs information about user actions performed on the Computer. Information content and the Parental Control settings are described in the User Manual and on the Rightholder website: www.defencebyte.com
4.2. You agree that actions described in Clause 4.1 can be used by You only for monitoring child actions on the Computer.
4.3. You are solely responsible for maintaining the confidentiality of the information collected by the Software.
4.4. You agree that the Rightholder does not bear any liability for unauthorized use of the information obtained when using the Software
5. Technical Support
5.1. The Technical Support described in Clause 2.7 of this Agreement is provided to You when the latest Update of the Software is installed (except for a trial version of the Software) in accordance with the Technical Support rules.
Technical support service and its rules are located at: http://www.defencebyte.com/support.
5.2. User’s Data, specified on Web-portal, can be used by Technical Support specialists only when processing User requests.
6. Information Collection
6.1. You agree to automatically provide information about the installation and uninstallation of the Software, including but not limited to information about installation error codes, the distribution package of the Software being used, operating system version, the Computer ID, and installation type.
6.2. To increase the level of operational protection You agree to automatically provide information about the checksums and formats of files processed (MD5), the scan date and time, identifiers of the versions of software configurations, scan result and trust source, system volume file system type and indication of processed file on system volume, information to determine the reputation of URL, statistics on usage of the Software notifications, spam statistics, information about activation and the version of the Software, information about the types of identified threats, as well as the digital certificates used and information necessary to verify their authenticity. If the Computer is equipped with TPM (Trusted Platform Module), You also agree to provide the TPM report about the Computer operating system boot process and the information necessary to verify the authenticity of the report.
6.3. In order to improve security awareness about new threats and their sources and in order to improve Your security protection level the Rightholder, with your consent that has been explicitly confirmed in the defencebyte Security Network Data Collection Statement, is expressly entitled to receive such information. You can deactivate the defencebyte Security Network service during installation. Also, You can activate and deactivate the defencebyte Security Network service at any time in the Software settings window.
You further acknowledge and agree that any information gathered by Rightholder can be used to track and publish reports on security risk trends in the Rightholder’s sole and exclusive discretion.
6.4. The Software does not process any personally identifiable data and does not combine the processed data with any personal information.
6.5. If you do not wish for the information collected by the Software to be sent to the Rightholder, You should not activate and/or de-activate, the defencebyte Security Network service.
7.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiverable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any 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.
7.2. You shall not transfer the rights to use the Software to any third party except as set forth in Clause 2.5 of this Agreement.
7.3. You shall not provide the activation code and/or license key file to third parties or allow third parties access to the activation code and/or license key, which are deemed confidential data of Rightholder and you shall exercise reasonable care in protecting the activation code and/or license key in confidence provided that you can transfer the activation code and/or license key to third parties as set forth in Clause 2.5 of this Agreement. Keep the activation code in a safe place until the expiration of the license.
7.4. You shall not rent, lease or lend the Software to any third party.
7.5. 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.
7.6. The Rightholder has the right to block the license to use the Software in the event You breach any of the terms and conditions of this Agreement and without any refund to You.
7.7. 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 do not have the right to transfer the license or the rights to use the Software to any third party.
8. Limited Warranty and Disclaimer
8.1 The Rightholder guarantees Software operation according to the User Manual provided using supported versions of the Software unless otherwise specified in the license agreement. The list of supported versions is located at http://www.defencebyte.com/support
8.2 You agree that the Software is provided with an enabled automatic update option which provides automatic downloading and installation of improvements, fixes, enhancements and/or modifications of the Software and its components, including new versions of the Software. This option can be switched off in the Software settings.
8.3 If a Software update includes substantial changes to the interface that apply to the collection and processing of User’s data, include changes in current license agreement, and also include substantial changes in the Software functionality, You have the right to refuse such updates and continue using the current version of the Software until expiration of its support according to rules on http://www.defencebyte.com/support
8.4. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.
8.5. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.
8.6. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.7 of this Agreement.
8.7. The Rightholder does not guarantee protection from the threats described in the User Manual after the expiration of the period specified in Clauses 3.2 or 3.3 of this Agreement or after the License to use the Software is terminated for any reason.
8.8. You acknowledge that the Software will be provisioned with defencebyte standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.
8.9. 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.
9. Exclusion and Limitation of Liability
9.1. 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 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 firstname.lastname@example.org 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 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 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
12.1. Except as provided in Clauses 12.2 and 12.3 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
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.
12.2. 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 12.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
12.3. 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.
12.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.
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 the 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:
defencebyte Pty Ltd
G16, Portico Plaza, 17-19 Aurelia Street,Toongabbie, NSW 2146 Australia
Web site: http://www.defencebyte.com
© 2014-17 defencebyte. 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.
+1-800-601-7631 (USA Office)
1800 012 720
1800 012 720
1800 012 720